Edited by Linda Hamid, Research Fellow, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven and Jan Wouters, Full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance, and Director, Institute for International Law and the Leuven Centre for Global Governance Studies, KU Leuven, Belgium
This thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in areas of limited statehood and the consequences of limited statehood for international peace and security. This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either the State or global governance apparatus.
PART I INTRODUCTION 1 Rule of law and areas of limited statehood: introduction and perspective 2 Linda Hamid and Jan Wouters 2 Thinking about areas of limited statehood and the rule of law 23 Amichai Magen and Zachariah Parcels
PART II CONTESTED SOVEREIGNTY IN AREAS OF LIMITED STATEHOOD AND THE INTERNATIONAL RULE OF LAW 3 De facto regimes in areas of limited statehood and the international rule of law 47 Linda Hamid and Jan Wouters 4 Lessons from the (un)rule of law in Crimea 73 Olga Burlyuk 5 Limited statehood and the rule of law: East Jerusalem’s education system as a case study 96 Yaël Ronen
PART III REBEL GOVERNANCE IN AREAS OF LIMITED STATEHOOD AND INTERNATIONAL RESPONSIBILITY 6 Rebel justice? Rule of law and law enforcement by non-state armed groups 119 Benedetta Berti 7 Rebel governors in areas of limited statehood: State responsibility and ‘agents of necessity’ 137 Tatyana Eatwell 8 Responsibility of non-state rulers in areas of limited statehood 162 Nicholas Tsagourias
PART IV AREAS OF LIMITED STATEHOOD AND THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY 9 Extraterritorial law enforcement in areas of limited statehood: the transnational dimension of the rule of law 184 Pia Hesse 10 Towards a rule of law-based global strategy for countering international terrorism in areas of limited statehood 206 Jessica Almqvist 11 Atrocity prevention in areas of limited statehood: legal and political dilemmas 233 Kenneth Chan
J. Almqvist, B. Berti, O. Burlyuk, K. Chan, T. Eatwell, L. Hamid, P. Hesse, A. Magen, Z. Parcels, Y. Ronen, N. Tsagourias, J. Wouters