Evaluating a Demand for Inclusionary Governance in Post-Conflict Situations

International Journal of the Rule of Law, Transitional Justice and Human Rights, Vol. 2, 2011

14 Pages Posted: 14 Feb 2012 Last revised: 15 Feb 2012

See all articles by Marjolein Schaap

Marjolein Schaap

Erasmus University Rotterdam (EUR), Erasmus School of Law

Date Written: October 28, 2011

Abstract

An international administration of a territory (ITA) can adopt decisions in individual situations while a proper legal framework for regulating transparency, participation in decision-making and access to justice (i.e. inclusionary governance) is lacking. The type of public power exercised by ITAs and its impact on the local level raises serious concerns relating to inclusionary processes in the decision-making procedures of ITAs. Therefore, the principal objective of this paper is to critically analyse whether inclusionary governance can be required from ITAs. In order to do so, the paper will firstly evaluate ITA mandates for inclusionary governance provisions. The author asserts that, while power-sharing arrangements are made between ITAs and local authorities, this does not necessarily amount to inclusionary governance, as the inclusion of the individual is the key. Secondly, the paper discusses the review of international organisations on the inclusion/exclusion of individuals in decision-making by ITAs. Lastly, the paper contends that the exclusion of individuals in decision-making procedures forms a more general problem in international law; therefore, a concise comparison is made between the exercise of public power by ITAs and that by international organizations.

Keywords: inclusionary governance, international territorial administrations, transparency, access to justice, participation in the decision-making

JEL Classification: K33

Suggested Citation

Schaap, Marjolein, Evaluating a Demand for Inclusionary Governance in Post-Conflict Situations (October 28, 2011). International Journal of the Rule of Law, Transitional Justice and Human Rights, Vol. 2, 2011. Available at SSRN: https://ssrn.com/abstract=2004250

Marjolein Schaap (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

Netherlands

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