Imposing the ‘rule of law’
The lessons of bih for peacebuildingin iraq
Bibliographic Data
| ID | 12537795 |
|---|---|
| Authors | David Chandler (0000-0002-2766-7169, corresponding author) |
| Year | 2004 |
| Volume | 11 |
| Issue | 2 |
| Pages | 312-333 |
| Publication date | 2004-06-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Peacekeeping (JOURNAL) |
| Journal identifiers | ISSN: 1353-3312 • E-ISSN: 1743-906X |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/1353331042000237292 |
| OpenAlex | W2095448245 |
| Language | EN |
| Citations received | 7 |
| References cited | 1 |
With the task of establishing a new set of regime structures in Iraq, many policy-makers have turned to the Bosnia and Herzegovina (BiH) experience for lessons in peacebuilding. The key lesson advocated by international officials has been the prioritization of the ‘rule of law’ rather than the focus on political processes and elections. It is held that while regular elections have merely reinforced the dominance of political elites hostile to reform, internationally-imposed legal changes have galvanized the peacebuilding process. This article challenges that perspective through focusing on three areas of legal activism in BiH: constitutional change, property return and employment laws. It suggests that the ‘rule of law’ approach sees legal or administrative solutions as a short cut to addressing political problems, fetishizing the legal framework at the same time as marginalizing the political sphere. Rather than more coercive external involvement in the form of pressures for more legislation and better law enforcement, the experience of BiH highlights the need for greater levels of political legitimacy, a need which runs counter to the logic of the ‘rule of law’ approach
Dominance (genetics · Law and economics · Legislation · Legitimacy · Peacebuilding · Political science · Politics · Rule of law · Sociology · Global Peace and Security Dynamics · International Law and Human Rights · Law · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Public Administration
Symbolic Rule of Law Promotion
Institutions and the Reversal of State Capture
The Significance of Property Restitution to Sustainable Return in Bosnia and Herzegovina
Hijacking the rule of law in postconflict environments
Political Transitions after Peace Agreements
Justice and EU Foreign Policy
Rule of Law' initiatives and the liberal peace
| Unique citing works | 7 |
|---|---|
| Citations per year | 0,35 |
| Citation span | 2006 - 2025 (20) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |