We are very pleased to host for the next three days a discussion of Amos Guiora's new book, Freedom from Religion: Rights and National Security(Oxford 2009). Amos is probably well known to many readers of this blog, a professor at the University of Utah's S.J. Quinney College of Law and a retired Lieutenant Colonel from the Israel Defense Forces Judge...
I am struck by the remarkable number of legal fictions salted throughout our discussion of failed states. All states, of course, are fictions. But the fictional norms of statehood carry with them a series of assumptions of how states will function and how they can be persuaded or compelled to act. Thus, as Chiara discusses at length, the requirement that...
In the last couple of days I explained why I argue that State failure is a problematic phenomenon of contemporary international society which could endanger domestic population and the international community. State failure is the prolonged implosion of governmental structures and the ensuing incapacity of the government to provide political goods to both internal and external actors. At the same time,...
My earlier post on Somalia received some interesting comments which I would like to develop further. First, framing state failure as a continuum is important because where a state stands in this continuum (i.e. its ability to react to international security emergencies that occur in its territory) informs decision makers on what (and if) actions are required by the international community....
My apologies for this late entry in the discussion of state failure. I’d like to address what I see as the central legal paradox that Chiara raises in her fascinating new book. That is the disjunction between the criteria for creating states and the criteria governing their extinction. Chiara demonstrates that many failed states might well be ineligible for statehood...
I'd like to pick up a thread is in Chiara's book and is teased out in both Gian Luca's post and Ben Davis's comment on Chiara's most recent post on Somalia: the view that state failure is notan "on/ off" characteristic, but rather is a continuum ranging from governments that are somewhat incompetent (insert your state of choice here) to essentially nonexistent...
Between 1998 and 2000, I worked in Somalia for the UN Development Program. This experience very much informs my view on how international system deals (or does not) with state failure. As it is known, Somalia has been without a functioning government for the past 20 years. And Somalia is often referred to as the main example of State failure. In...
State failure is an almost intractably thorny question for international law. Its intractability is both practical and conceptual. It is practical because state failure – defined by Giorgetti as ‘the prolonged implosion of governmental structures and the ensuring incapacity of the government to provide political goods to its internal and external constituencies’ – poses tremendous political, social and humanitarian challenges...
Failed and failing states are relatively new phenomenons that have not yet been recorded in the international law radar screen. However, the rise of piracy off the coast of Somalia, and increased instances of terrorism and international organized crime underline their relevance in the international legal system. In my book, A Principled Approach to State Failure: International Community Actions in Emergency...
We are very pleased to host from today through Friday an online symposium considering Chiara Giorgetti's book A Principled Approach to State Failure: International Community Actions in Emergency Situations (Brill 2010). Dr. Giorgetti, an attorney at White and Case and an adjunct professor at Georgetown Law Center, will be with us for the rest of the week, discussing various of themes from her...
[Peter "Bo" Rutledge is Associate Professor of Law at the University of Georgia Law School and the author, with Gary Born, of International Civil Litigation in United States Courts] I’ve been thinking a lot about Samantar since its release as I expect it’ll occupy an important place in the next edition of Gary’s and my International Civil Litigation (we’re working on...
I know that will sound like a provocative question, but it's not meant to be. According to the Jerusalem Post, Israel justifies its interdiction of the "Freedom Flotilla" by reference to Article 67(a) of the San Remo Manual on International Law Applicable to Armed Conflict at Sea, which permits the attack of neutral merchant vessels that "are believed on reasonable...
