Rule of Law and Areas of Limited Statehood

Domestic and International Dimensions

Buch | Hardcover

288 Seiten

2021
Edward Elgar Publishing Ltd (Verlag)
978-1-78897-903-0 (ISBN)

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This thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order.

Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in these areas, and the consequences of limited statehood for international peace and security.

This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility, and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either State or global governance apparatus.

Edited by Linda Hamid, Research Fellow, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven and Jan Wouters, Full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance, and Director, Institute for International Law and the Leuven Centre for Global Governance Studies, KU Leuven, Belgium

Contents:

PART I INTRODUCTION
1 Rule of law and areas of limited statehood: introduction
and perspective 2
Linda Hamid and Jan Wouters
2 Thinking about areas of limited statehood and the rule of law 23
Amichai Magen and Zachariah Parcels

PART II CONTESTED SOVEREIGNTY IN AREAS
OF LIMITED STATEHOOD AND THE
INTERNATIONAL RULE OF LAW
3 De facto regimes in areas of limited statehood and the
international rule of law 47
Linda Hamid and Jan Wouters
4 Lessons from the (un)rule of law in Crimea 73
Olga Burlyuk
5 Limited statehood and the rule of law: East Jerusalem’s
education system as a case study 96
Yaël Ronen

PART III REBEL GOVERNANCE IN AREAS
OF LIMITED STATEHOOD AND
INTERNATIONAL RESPONSIBILITY
6 Rebel justice? Rule of law and law enforcement by
non-state armed groups 119
Benedetta Berti
7 Rebel governors in areas of limited statehood: State
responsibility and ‘agents of necessity’ 137
Tatyana Eatwell
8 Responsibility of non-state rulers in areas of limited statehood 162
Nicholas Tsagourias

PART IV AREAS OF LIMITED STATEHOOD AND
THE MAINTENANCE OF INTERNATIONAL
PEACE AND SECURITY
9 Extraterritorial law enforcement in areas of limited
statehood: the transnational dimension of the rule of law 184
Pia Hesse
10 Towards a rule of law-based global strategy for countering
international terrorism in areas of limited statehood 206
Jessica Almqvist
11 Atrocity prevention in areas of limited statehood: legal and
political dilemmas 233
Kenneth Chan

Index 260

Erscheinungsdatum	19.01.2021
Reihe/Serie	Leuven Global Governance series
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Sonstiges ► Geschenkbücher
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Sozialwissenschaften ► Politik / Verwaltung ► Politische Systeme
	Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung
ISBN-10	1-78897-903-6 / 1788979036
ISBN-13	978-1-78897-903-0 / 9781788979030
Zustand	Neuware