International Law And State-Building Cover Image

Međunarodno pravo i izgradnja države
International Law And State-Building

Author(s): Dejan Pavlović
Subject(s): Politics / Political Sciences
Published by: BCBP Beogradski centar za bezbednosnu politiku
Keywords: State-building; international law; international politics; fragile states; intervention

Summary/Abstract: The aim of this paper is to assess the interdependence of inter-national law and international politics in the process of state-build-ing. More precisely, it is about the role of international law as a toolfor attaining the institutional development desired in weak states.This is a grey area in which the sovereignty of states clashes withcertain internationally recognized values, while international lawmanifests certain weaknesses and deficiencies which have provokedsome scholars to label it as a primitive legal order. A lack of legalbasis and the absence of elaborated rules of engagement in state-building bring the process under strict scrutiny. Is it legitimate andlegal to unconditionally launch a process of democratization andinstitution building and who is competent to make the decisionsand qualifications? Fear and solidarity are the most common under-lying principles for intervention and violation of the sovereign rightsof states, while both are highly complex concepts often left to thediscretion of powerful states for elaboration and application.

  • Issue Year: 2011
  • Issue No: 21
  • Page Range: 41-50
  • Page Count: 10
  • Language: Serbian