State Renaissance for Peace
Transitional Governance under International Law

Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.

Emmanuel H. D. De Groof (Author)

9781108499767, Cambridge University Press

Hardback, published 27 August 2020

392 pages, 1 b/w illus. 13 tables
23.6 x 16 x 3.3 cm, 0.76 kg

'It appears at ?rst that De Groof's intrastate focus on transitional governance would be of comparative constitutional nature. But the author analytically, and very convincingly, leads his reader through the international legal framework of ius in interregno. The book is interdisciplinary, yet firmly grounded in public international law. A very valuable contribution to international law and related fields.' Jure Vidmar, Professor of Public International Law, Maastricht University, The Netherlands

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.

Introduction. Transitional governance today
Part I. The Unchartered Territory of Transitional Governance: 1. The rise and internationalisation of transitional governance
2. Limitations of existing literature
Conclusion of Part I
Part II. Foundation and Actors of Transitional Governance: Sources of Ius In Interregno: 3. The foundation of transitional governance
4. The actors of the interregnum
5. The sources of ius in interregno
Conclusion of Part II
Part III. Self-Determination through Transitional Governance: 6. Limits ratione temporis and materiae to transitional governance
7. The practice and discourse of inclusion
Conclusion of Part III
Part IV. Moderating External Influence on Transitional Governance: 8. Limits to involvement with consensual transitional governance
9. The inducement of oppositional transitional governance
10. Indirect regime change: a response to ius cogens violations?
Conclusion of Part IV
General conclusion
Index.

Subject Areas: International humanitarian law [LBBS], Public international law [LBB], International law [LB], Armed conflict [JPWS]