Post Conflict Rebuilding And International Law

This volume presents the research analysis of a range of scholars and experts on post conflict peacebuilding and international law from a variety of perspectives and missions. The selected essays show that peacebuilding, like the concept of peacekeeping, is not specifically provided for in the UN Charter. They also demonstrate that the record of peacebuilding, like that of peacekeeping, is varied and while both concepts are intrinsically linked, neither lends itself to precise definition. The essays consider the historical approaches to peacebuilding such as the role played by the UN in the Congo in the early 1960s and the work of the United States and its allies in rebuilding Germany and Japan in the aftermath of World War II. Finally, essays consider the major challenge for contemporary peacebuilding operations to make international administrations accountable and to ensure the involvement of the international community in helping rebuild communities and prevent the resurgence of violence.

The trend for international engagement in post-conflict reconstruction has produced a host of best-practice postulates on topics such as local involvement in decision-making, accountability for past atrocities, sensitivity to context, and the construction of democratic institutions of governance. International law has potential relevance for many of these themes, yet the question of how the implementation of best-practice policy recommendations might be affected by international law remains under-examined. This book offers a fuller understanding of the role of international law in the practice of post-conflict reconstruction. It explores how international legal issues that arise in the post-conflict period relate to a number of strands of the policy debate, including government creation, constitution-making, gender policy, provision of security, justice for past atrocities, rule of law development, economic recovery, returning displaced persons, and responsibilities of international actors. The chapters of the book work to reveal the extent to which international law figures in the policy of internationally enabled post-conflict reconstruction across a range of sectors. They also highlight the scope for international law to be harnessed in a more effective manner from the perspective of the transition to peace and stability. The book lays out a basis for future policy making on post-conflict reconstruction; one that is informed about the international legal parameters, and more aware of how international law can be utilized to promote key objectives.

The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007

How can a population influence decision-making on post-conflict reconstruction? This book explores the international legal framework for post-conflict popular governance.

The right to self-determination has played a crucial role in the process of assisting oppressed people to put an end to colonial domination. Outside of the decolonization context, however, its relevance and application has constantly been challenged and debated. This book examines the role played by self-determination in international law with regard to post-conflict state building. It discusses the question of whether self-determination protects local populations from the intervention of international state-builders in domestic affairs. With a focus on the right as it applies to the people of an independent state, it explores how self-determination concerns that arise in the post-conflict period play out in relation to the reconstruction process. The book analyses the situation in Somalia as a means of drawing out the impact and significance of the legal principle of self-determination in the process of rebuilding post-conflict institutions. In so doing, it seeks to highlight how the relevance of self-determination is often overlooked in this context.

In Youth and Post-Conflict Reconstruction: Agents of Change, Stephanie Schwartz goes beyond these highly publicized cases and examines the roles of the broader youth population in post-conflict scenarios, taking on the complex task of distinguishing between the legal and societal labels of "child," "youth," and "adult."

Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.

As a basic human need, the provision of safe water is among the highest priorities of government and humanitarian interventions during post-conflict recovery and peacebuilding. In the aftermath of war, water, sanitation, and infrastructure play a critical role in the recovery of livelihoods and economic development. Moreover, shared waters have great potential for interstate cooperation, assisting to rebuild trust following conflict and to prevent a return to conflict. This volume draws on studies from around the world to create a framework for understanding how water resources decisions and activities can facilitate or undermine peacebuilding in a post-conflict setting.

When the guns are silenced, those who have survived armed conflict need food, water, shelter, the means to earn a living, and the promise of safety and a return to civil order. Meeting these needs while sustaining peace requires more than simply having governmental structures in place; it requires good governance. Natural resources are essential to sustaining people and peace in post-conflict countries, but governance failures often jeopardize such efforts. This book examines the theory, practice, and often surprising realities of post-conflict governance, natural resource management, and peacebuilding in fifty conflict-affected countries and territories. It includes thirty-nine chapters written by more than seventy researchers, diplomats, military personnel, and practitioners from governmental, intergovernmental, and nongovernmental organizations. The book highlights the mutually reinforcing relationship between natural resource management and good governance. Natural resource management is crucial to rebuilding governance and the rule of law, combating corruption, improving transparency and accountability, engaging disenfranchised populations, and building confidence after conflict. At the same time, good governance is essential for ensuring that natural resource management can meet immediate needs for post-conflict stability and development, while simultaneously laying the foundation for a sustainable peace. Drawing on analyses of the close relationship between governance and natural resource management, the book explores lessons from past conflicts and ongoing reconstruction efforts; illustrates how those lessons may be applied to the formulation and implementation of more effective governance initiatives; and presents an emerging theoretical and practical framework for policy makers, researchers, practitioners, and students. Governance, Natural Resources, and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high-value resources, land, water, livelihoods, and assessing and restoring natural resources.

Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.