Post-conflict administrations in international law : international territorial administration, transitional authority and foreign occupation in theory and practice / / by Eric De Brabandere.

• Author: Brabandere, Eric de.
• Year of Publication: 2009
• Edition: 1st ed.
• Language: English
• Series: Nijhoff eBook titles 2009
• Physical Description: 1 online resource (352 p.)
• Notes: Description based upon print version of record.

The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.

Table of Contents

Early forms of international administration -- Evolving peace operations -- UN international administrations, the 'light footprint' approach and the occupation of Iraq -- The competence of the United Nations to engage in comprehensive peace-building and international territorial administration -- The legal status of territories and states under international administration -- The temporary nature of authority -- Human rights obligations of international actors -- The laws of occupation -- Civil administration -- The rule of law and judicial reconstruction -- Institution-building and democratic governance -- Exit strategies and post-conflict administration -- Internationalisation, consultation and local ownership -- International administration, the light footprint and beyond.