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Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.
After 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.
This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events. The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutiona...
The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, ...
This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
In Voyages, Cathy A. Small offers a view of the changes in migration, globalization, and ethnographic fieldwork over three decades. The second edition adds fresh descriptions and narratives in three new chapters based on two more visits to Tonga and California in 2010. The author (whose role after thirty years of fieldwork is both ethnographer and family member) reintroduces the reader to four sisters in the same family—two who migrated to the United States and two who remained in Tonga—and reveals what has unfolded in their lives in the fifteen years since the first edition was written. The second edition concludes with new reflections on how immigration and globalization have affected family, economy, tradition, political life, identity, and the practice of anthropology.
The core use of language is in face-to-face conversation. This is characterized by rapid turn-taking. This turn-taking poses a number central puzzles for the psychology of language. Consider, for example, that in large corpora the gap between turns is on the order of 100 to 300 ms, but the latencies involved in language production require minimally between 600 ms (for a single word) or 1500 ms (for as simple sentence). This implies that participants in conversation are predicting the ends of the incoming turn and preparing in advance. But how is this done? What aspects of this prediction are done when? What happens when the prediction is wrong? What stops participants coming in too early? If...