State legitimacy and failure in international law / / by Mario Silva.

• Superior document: Developments in International Law, Volume 67
• Author: Silva, Mario, 1966-
• Place / Publishing House: Leiden, [The Netherlands] : : Koninklijke Brill,, 2014.; ©2014
• Year of Publication: 2014
• Edition: 1st ed.
• Language: English
• Series: Developments in international law ; v. 67.
• Physical Description: 1 online resource (279 p.)
• Notes: Description based upon print version of record.

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Table of Contents

Preliminary Material -- Introduction -- 1 The Creation of the State in International Law—Historical Background -- 2 State Failure—Internal and External Factors -- 3 International Human Rights Law -- 4 State Responsibility—Obligations to Prosecute -- 5 Prevention and Rehabilitation: Strengthening States Against Failure -- 6 Challenges for the International Community -- General Conclusion -- Bibliography -- Index.