UN Supervision of Post-Conflict Reconstruction and the Domestic Jurisdiction of States
Ars Aequi, Vol. 59, No. 2, pp. 103-108, 2009
7 Pages Posted: 5 Mar 2009 Last revised: 27 Jan 2012
Date Written: February 5, 2009
The progressive expansion of powers given to international actors is the result of the disappearance of the 'non-intervention' policy towards the existence of conflicts. Along the lines of this strategic shift, issues traditionally falling under the 'domestic jurisdiction' of states are increasingly 'internationalised'. First, the scope of measures the Security Council can take has expanded into areas formerly considered as exclusively internal, in particular in view of the tendency to supervise the 'democratization' of state institutions. Secondly, situations which might have been considered purely internal are now being considered as threats to the international peace and security, therefore potentially triggering Security Council action.
This paper starts with a brief overview of the evolution of the mandates entrusted to UN missions and operations. The paper then addresses the relation between the UN and the concept of 'domestic jurisdiction' in terms of the 'democratization' of state structures as a post-conflict reconstruction strategy, and the capacity of the UN to deal with certain situations.
Keywords: United Nations, International adminsitration, post-conflict reconstruction, peace-building, domestic jurisditcion
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