New Modes and Orders: The Difficulties of a Jus Post Bellum of Constitutional Transformation

New York University International Law and Justice Working Paper No. 2010/1

47 Pages Posted: 25 Mar 2010

See all articles by Nehal Bhuta

Nehal Bhuta

European University Institute; European University Institute - Department of Law (LAW)

Date Written: March 1, 2010

Abstract

This paper asks two questions: Does international law currently contain rules or norms which regulate constitutional transformation of territories under various forms of administration or occupation, and; if the answer is no, should international law develop such norms? The author also answers the second question in the negative, arguing that the international law's silence in this area is productive and that attempting to fill the gap may diminish the "inter-public" nature of international law. The author also questions the theoretical understanding of state-building that permeates current discussions of the role of international law in post-conflict state-building.

Keywords: Constitution-Making, International Law, Law of Occupation, State-Building

Suggested Citation

Bhuta, Nehal, New Modes and Orders: The Difficulties of a Jus Post Bellum of Constitutional Transformation (March 1, 2010). New York University International Law and Justice Working Paper No. 2010/1. Available at SSRN: https://ssrn.com/abstract=1574329 or http://dx.doi.org/10.2139/ssrn.1574329

Nehal Bhuta (Contact Author)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy
+39 0554685219 (Phone)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Register to save articles to
your library

Register

Paper statistics

Downloads
151
rank
182,427
Abstract Views
1,127
PlumX