A Principled Approach To State Failure

This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.

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.

This book addresses the links between war, state and sovereignty using an interdisciplinary approach. The authors and editors investigate the transformation of the state through the practices of security governance - an effective way to question the evolution of authority and legitimacy of state violence, and the organisation of human societies. This work contributes to the understanding of the transformation of state through the prism of security challenges and provides the means to identify the evolution of their regalian contours, the legal and technical forms of regulating violence, and the legitimisation of public power. This volume shows that the contribution of the social sciences is decisive for understanding the changes of the role and insertion of armed forces in their political, social and professional environment. Grégory Daho is Associate Professor of Political Science at University Paris 1 Panthéon Sorbonne, France Yann Richard is Professor of Geography at University Paris 1 Panthéon Sorbonne, France.

In Investments in Conflict Zones, a selected group of experts explores how armed conflicts, territorial disputes, and ‘frozen’ conflicts impact the application and interpretation of international investment law and how investment protection can be reconciled with such politically charged circumstances.

This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.