The Resource Domestic interim governance under international law : towards a ius in interregno for regulating post-conflict transitions, Emmanuel

Domestic interim governance under international law : towards a ius in interregno for regulating post-conflict transitions, Emmanuel

Label
Domestic interim governance under international law : towards a ius in interregno for regulating post-conflict transitions
Title
Domestic interim governance under international law
Title remainder
towards a ius in interregno for regulating post-conflict transitions
Statement of responsibility
Emmanuel
Creator
Contributor
Subject
Language
eng
Summary
State creation and direct international territorial administration are now beyond their zenith. At present we increasingly witness how, under the impact of various forms of external influence, important changes affect institutional and constitutional structures within the state, i.e. without creating new states or without affecting the state's territorial integrity. These changes are often paired with the introduction of a new constitution and of a transitional period ('interregnum') at the end of which a new constitution enters into force ('reconstitutionalization'). The thesis represents the first attempt to systematically analyze conflict-related domestic interim governance ('DIG') public power exercised by interim governments, transitional councils, etc., in states said to be in transition ('transitional authorities') from an international legal perspective. It introduces and develops the concept of ius in interregno, which refers to the body of legal norms applicable to conflict-related DIG. Despite the wide variety of sources and contexts, it is possible to carve out a rudimentary but coherent ius in interregno applicable to DIG. The analysis focuses on norms and practices of the interregnum itself, while making largely abstraction of the origin and outcome of 'transitions': the journey becomes the destination. Based on a close observation of several transitions, the thesis unveils which norms apply to DIG. These norms concern, inter alia, limitations ratione temporis and ratione materiae to DIG; and the 'inclusivity' of DIG en lien with the principle of internal self- determination. To the extent that a ius in interregno crystallizes as a body of norms, transitional authorities cannot act as they please: they are not legibus soluti. Finally, the thesis argues that third states that wish to interact with transitional authorities must also respect the core of a ius in interregno. States increasingly conduct constitutional geopolitics by trying to impact the constitutional structure of another state, even without forcible intervention, and by hand-picking their favored oppositional transitional authority. Revisiting the principles of self-determination and non-intervention, a ius in interregno also tackles the delicate issue of indirect (non-forcible) regime change
Cataloging source
FIE
http://library.link/vocab/creatorName
De Groof, Emmanuel
Date time place
Defence date: 3 June 2016
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2016.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • Transitional justice
  • International law and domestic law
  • Interim governments
  • Peace-building
Label
Domestic interim governance under international law : towards a ius in interregno for regulating post-conflict transitions, Emmanuel
Link
http://hdl.handle.net/1814/41767
Instantiates
Publication
Note
Examining Board: Professor Francesco Francioni, EUI (Supervisor); Professor Nehal Bhuta, EUI; Professor Jean d'Aspremont, University of Manchester; Professor Anne Peters, Max Planck Institute for Comparative Public Law and International Law
Bibliography note
Includes bibliographical references
Control code
FIEb17848489
Dimensions
30 cm.
Extent
ix, 446 pages
System control number
(OCoLC)1088498346
Label
Domestic interim governance under international law : towards a ius in interregno for regulating post-conflict transitions, Emmanuel
Link
http://hdl.handle.net/1814/41767
Publication
Note
Examining Board: Professor Francesco Francioni, EUI (Supervisor); Professor Nehal Bhuta, EUI; Professor Jean d'Aspremont, University of Manchester; Professor Anne Peters, Max Planck Institute for Comparative Public Law and International Law
Bibliography note
Includes bibliographical references
Control code
FIEb17848489
Dimensions
30 cm.
Extent
ix, 446 pages
System control number
(OCoLC)1088498346

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