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  

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 )

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

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