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The absence of effective government, one of the most important issues in current international law, became prominent with the “failed state” concept at the beginning of the 1990's. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the “failed state” paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
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This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.
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Failed states. --- State failure --- Political science --- Failed states
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This paper aims to improve the understanding and treatment of failed states by focusing on critical challenges at the intersections between security, economics, and politics and on the guiding goal of empowering local populations.
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State failure is seen as one of the significant threats to regional and international stability in the current international system. State Failure in the Modern World presents a comprehensive, systematic, and empirically rigorous analysis of the full range of the state failure process in the post-World War II state system—including what state failure means, its causes, what accounts for its duration, its consequences, and its implications. Among the questions the book addresses are: when and why state failure occurs, why it recurs in any single state, and when and why its consequences spread to other states. The book sets out the array of problems in previous work on state failure with respect to conceptualization and definition, as well as how the causes and consequences of state failure have been addressed, and presents analyses to deal with these problems. Any analysis of state failure can be seen as an exercise in policy evaluation; this book undertakes the theoretical, conceptual, and analytic work that must be done before we can evaluate—or have much confidence in—both current and proposed policy prescriptions to prevent or manage state collapse.
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