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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 constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance.
This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.
List of contents
Preface 1. Introduction
Emmanuel De Groof and Micha Wiebusch 2. The Features of Transitional Governance
Emmanuel De Groof and Micha Wiebusch 3. Contextualizing Conflict-Related Transitional Governance Since 1989
Adam Day and David M. Malone 4. Constituting Transitions: Predicting Unpredictability
Christine Bell and Robert A. Forster 5. No Strings Attached? Constraints on External Advice in Internationalized Constitution-Making
Sumit Bisarya 6. The gap between international legitimacy and legality of transitional regimes
Noam Wiener 7. Legitimizing transitional authorities through the international law of self-determination
Matthew Saul 8. The End(s) of Transition
Zinaida Miller 9. The Ambitions and Traumas of Transitional Governance: Expelling Colonialism, Replicating Colonialism
Vasuki Nesiah 10. The Future(s) of Transitional Governance and International Law
Emmanuel De Groof and Micha Wiebusch
About the author
Emmanuel De Groof works in diplomacy for the Belgian Ministry of Foreign Affairs, and remains active in academia as an associate researcher at the University of Edinburgh, a guest lecturer at the University of Maastricht, and a visiting professor at the University of Kigali. He is author of
State Renaissance for Peace - Transitional Governance under International Law (2020).
Micha Wiebusch is a senior legal officer at the African Court on Human and Peoples' Rights, Arusha, Tanzania. He is also an associate research fellow at the United Nations University Institute on Comparative Regional Integration Studies (UNU-CRIS), an associate researcher at the Institute of Development Policy (IOB), University of Antwerp, and a research fellow at SOAS, University of London, School of Law.
Summary
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.
