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Failed states and the rule of law

Sampford, Charles (2011) Failed states and the rule of law. Jindal Journal of International Affairs, 1(1), pp. 119-147.

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Abstract

The last decade has seen an emerging consensus that the rule of law is critical in both domestic and international affairs. ‘Failed’ states generate important issues for both the rule of law and, importantly, for their intersection or interaction. A ‘failed’ state almost inevitably involves a breakdown of the domestic rule of law. When international intervention occurs, it raises concerns over substantive issues. Among these is the application of international law and international norms, including among other, the conventions and treaties, the responsibility to protect and protection of civilians. Where international missions seek to assist the people of ‘failed’ states in rebuilding their nations, establishing the rule of law is often the primary or initial pursuit. Any such international assistance/intervention is more effective if it is clearly subject to the rule of law and provides an exemplar/demonstration of how power should be exercised

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ID Code: 45792
Item Type: Journal Article
Additional URLs:
Keywords: Rule of Law, International Affairs, Failed States
ISSN: 2249-8095
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > POLITICAL SCIENCE (160600) > International Relations (160607)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Deposited On: 09 Sep 2011 15:04
Last Modified: 06 Nov 2013 10:38

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