Constitutionalism without Governance: International Standards in the Afghan Legal System

Abstract

There has been a lot of attention in recent years about improving the quality of legal systems in overseas jurisdictions. This is reflected in the growing proportion of rule of law components in development assistance and, especially, in post-conflict stabilisation missions. External actors endeavour to strengthen the role of international legal standards in the courts and, more broadly, the political life of societies emerging from violent conflict. Virtually all stabilisation missions contain today important rule of law components, a shift in emphasis that is mirrored in bilateral financial assistance. The international engagement in Afghanistan since December 2001 has been no exception, having placed a heavy emphasis on introducing international legal norms into the Afghan legal and political system.
Original languageEnglish
Title of host publicationImporting International Law in Post-Conflict States : The Role of Domestic Courts
EditorsAndré Nollkaemper, Cedric Ryngaert, Edda Kristjansdottir
Number of pages28
Place of PublicationThe Hague
PublisherIntersentia
Pages125-151
Publication statusE-pub ahead of print - 2012

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