The Western Liberal Constitution’s Rise post 1989

2020 ◽  
pp. 183-224
Author(s):  
Vijayashri Sripati
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Poverty Reduction ◽  
Good Governance ◽  
Development Assistance ◽  
Free Markets ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Law And Policy ◽  
Bretton Woods Institutions

This chapter analyses United Nations Constitutional Assistance’s post-1989 rise, setting the stage for Chapter 6. It traces the Constitution’s internationalization from 1950, focussing on its conceptualization after 1989, as a rule of law strategy, and from 1999 onwards, as a ‘development’ understood as a ‘market-oriented poverty reduction’ strategy. It establishes that the Constitution, so conceptualized by the UN and the Bretton Woods Institutions was promoted in two contexts: post-conflict and development assistance. It was promoted ostensibly to achieve international law and policy ends: free markets, good governance, the rule of law and women’s rights. How the UN Development Programme melds constitutional assistance with development assistance to achieve international law and policy ends, receives focal attention. This chapter concludes that the good governance story is not about the promotion of the ‘rule of law’ or ‘development.’ Rather, it is about the internationalization of the Constitution subsumed under the ‘rule of law.’

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

Internationalizing the Western Liberal Constitution

2020 ◽  
pp. 99-151
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Rule Of Law ◽  
Good Governance ◽  
League Of Nations ◽  
Free Markets ◽  
The Rule Of Law ◽  
Child Policy ◽  
Resources Exploitation ◽  
Historical Origins

This chapter traces United Nations Constitutional Assistance’s historical origins non-chronologically through Ralph Wilde’s family of Foreign Territorial Administration (FTA) policy institutions. It reveals that the following entities internationalized the Western liberal constitution: States, groups of state groups of state representatives, and the League of Nations (including the Permanent Mandates Commission. These predecessors of the UN did so to achieve four common ends: free markets, the rule of law, good governance (including natural resources’ exploitation), and civilized standards, aimed at emancipating women. This chapter establishes that the Constitution gives rise to, and works with each of Wilde’s FTA or international territorial administration, ITA institutions toward common ends. Wilde’s Family reflects the conceptual relations that Chapter 2 established. Wilde’s Family comprises symbiotic parent-child Policy Institutions: The Constitution’s internationalized making and FTA/ITA. On this basis, this chapter argues that Wilde’s Family must be reframed to admit the former: The Parent policy institution.

United Nations Constitutional Assistance Continues Its Civilizing Role

2020 ◽  
pp. 397-423
Author(s):  
Vijayashri Sripati
Keyword(s):  
United Nations ◽  
Natural Resources ◽  
Rule Of Law ◽  
Third World ◽  
Good Governance ◽  
Women’S Rights ◽  
Free Markets ◽  
The Rule Of Law ◽  
Resources Exploitation ◽  
Constitution Making

This book asks: Why has the UN empowered itself to offer constitutional assistance in sovereign Third World states? This Chapter, which draws from the UN’s official explanations completes the answer. It shows that since its birth in 1949, UNCA has: a) assisted colonies and/or sovereign states adopt what is central to colonial trusteeship: the Western liberal constitution; b) worked in response to perceived problems with their constitution-making process and the type of constitutional content they create; c) worked to achieve four ostensible ends: free markets, the rule of law, good governance (including natural resources exploitation), and civilized customs, and their modern equivalent: women’s rights; d) served ostensibly to civilize/ ‘modernize’ Third World peoples, in market-oriented ways, with a view to either manufacture their sovereignty, or ‘strengthen’ it. In these ways, since its birth, UNCA has acted as international trusteeship. Therefore, so does its child: UN/International Territorial Administration. This chapter concludes that UNCA has spawned a new civilized standard: participatory constitution-making.

scholarly journals Introductory Remarks by Frauke Lachenmann and Astrid Wiik

2018 ◽  
Vol 112 ◽  
pp. 253-255
Author(s):  
Frauke Lachenmann ◽  
Astrid Wiik
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Foreign Investments ◽  
The Rule Of Law ◽  
Criminal Violence ◽  
Post Conflict ◽  
The World ◽  
Multiple State ◽  
Political Ideal

The theme of the 2018 ASIL Annual Meeting was “International Law in Practice,” and nowhere does international law become more practical than in the attempt to rebuild and/or stabilize fragile and post-conflict states through the means of law. Over the last two decades, the rule of law has become a veritable panacea for the international community. As the World Justice Project claimed in 2014, “[w]here the rule of law is weak, medicines fail to reach health facilities, criminal violence goes unchecked, laws are applied unequally across societies, and foreign investments are held back.” The rule of law is no longer just a political ideal of checking power, it is also increasingly “a transnational industry worth multiple billions of dollars.” Multiple state donors, international organizations and nongovernmental organizations are involved in the business of building the rule of law.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Victory and the Ending of Conflicts

2017 ◽  
Author(s):  
Eric Patterson
Keyword(s):  
Rule Of Law ◽  
Just War ◽  
Conflict Situation ◽  
State Agency ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
War Aims ◽  
Just Peace

Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplars, or markers, of just victory? This chapter discusses debates over how conflicts end that have made ‘victory’ problematic and evaluates how just war principles—including jus post bellum principles—help define a moral post-conflict situation that is not just peace, but may perhaps be called ‘victory’ as well.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

International ethics and international law

1992 ◽  
Vol 18 (1) ◽  
pp. 19-30 ◽  
Author(s):  
Terry Nardin
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
International Affairs ◽  
International Ethics ◽  
The Rule Of Law ◽  
Ethical Significance

In this paper I am going to argue a familiar but still controversial thesis about the relation between international ethics and international law, which I would sum up in the following list of propositions:First, international law is a source as well as an object of ethical judgements. The idea of legality or the rule of law is an ethical one, and international law has ethical significance because it gives institutional expression to the rule of law in international relations.Secondly, international law—or, more precisely, the idea of the rule of law in international relations—reflects a rule-oriented rather than outcome-oriented ethic of international affairs. By insisting on the priority of rules over outcomes, this ethic rejects consequentialism in all its forms.

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