Can Might Make Rights?


Book Description

This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.




Iraq's Constitutional Process II


Book Description

Starting in Aug. 2004, the U.S. Inst. of Peace began providing in-country support on constitution making to Iraqi political, governmental, and civil society actors. The goal of this program is to maximize the transparency and inclusiveness of Iraq's constitutional process, enabling Iraqi citizens to engage directly with the drafters, and ensuring domestic ownership of the constitution. Morrow traveled frequently to Iraq. Through July and August 2005, he worked in Baghdad with Iraqi participants and with other international experts in the constitutional negotiations. He describes and analyzes the process of negotiating and drafting Iraq's constitution, and points to lessons for Iraq and for future constitutional processes. Map. A print on demand report.




Kings and Presidents


Book Description

An insider's account of the often-fraught U.S.-Saudi relationship Saudi Arabia and the United States have been partners since 1943, when President Roosevelt met with two future Saudi monarchs. Subsequent U.S. presidents have had direct relationships with those kings and their successors—setting the tone for a special partnership between an absolute monarchy with a unique Islamic identity and the world's most powerful democracy. Although based in large part on economic interests, the U.S.-Saudi relationship has rarely been smooth. Differences over Israel have caused friction since the early days, and ambiguities about Saudi involvement—or lack of it—in the September 11 terrorist attacks against the United States continue to haunt the relationship. Now, both countries have new, still-to be-tested leaders in President Trump and King Salman. Bruce Riedel for decades has followed these kings and presidents during his career at the CIA, the White House, and Brookings. This book offers an insider's account of the U.S.-Saudi relationship, with unique insights. Using declassified documents, memoirs by both Saudis and Americans, and eyewitness accounts, this book takes the reader inside the royal palaces, the holy cities, and the White House to gain an understanding of this complex partnership.




Introduction to Middle Eastern Law


Book Description

This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.




Rule of Law Dynamics


Book Description

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).




Blind Spot


Book Description

A critical examination of the history of US-Palestinian relations The United States has invested billions of dollars and countless diplomatic hours in the pursuit of Israeli-Palestinian peace and a two-state solution. Yet American attempts to broker an end to the conflict have repeatedly come up short. At the center of these failures lay two critical factors: Israeli power and Palestinian politics. While both Israelis and Palestinians undoubtedly share much of the blame, one also cannot escape the role of the United States, as the sole mediator in the process, in these repeated failures. American peacemaking efforts ultimately ran aground as a result of Washington’s unwillingness to confront Israel’s ever-deepening occupation or to come to grips with the realities of internal Palestinian politics. In particular, the book looks at the interplay between the U.S.-led peace process and internal Palestinian politics—namely, how a badly flawed peace process helped to weaken Palestinian leaders and institutions and how an increasingly dysfunctional Palestinian leadership, in turn, hindered prospects for a diplomatic resolution. Thus, while the peace process was not necessarily doomed to fail, Washington’s management of the process, with its built-in blind spot to Israeli power and Palestinian politics, made failure far more likely than a negotiated breakthrough. Shaped by the pressures of American domestic politics and the special relationship with Israel, Washington’s distinctive “blind spot” to Israeli power and Palestinian politics has deep historical roots, dating back to the 1917 Balfour Declaration and the British Mandate. The size of the blind spot has varied over the years and from one administration to another, but it is always present.




The Iraq War and International Law


Book Description

The decision by the US and UK governments to use military force against Iraq in 2003 and the subsequent occupation and administration of that State, has brought into sharp focus fundamental fault lines in international law. The decision to invade, the conduct of the war and occupation and the mechanisms used to administer the country all challenge the international legal community placing it at a crossroads. When can the use of force be justified? What are the limits of military operations? What strength does international criminal law possess in the face of such interventions? How effective is the international regime of human rights in these circumstances? What role does domestic law have to play? How the law now responds and develops in the light of these matters will be of fundamental global importance for the 21st century and an issue of considerable political and legal concern. This book explores this legal territory by examining a number of issues fundamental to the future direction of international law in the War's aftermath. Consideration is also given to the impact on UK law. Both practical and academic perspectives are taken in order to scrutinise key questions and consider the possible trajectories that international law might now follow.