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The United Nations, the African Union and the rule of law in Southern Sudan

Majinge, Charles Riziki (2013) The United Nations, the African Union and the rule of law in Southern Sudan. PhD thesis, London School of Economics and Political Science.

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Abstract

The argument of this thesis is that measures taken by international bodies to establish the rule of law in postconflict situations are undertaken in the mistaken belief that they will automatically enhance conditions for the rule of law to flourish. In fact, examination of the situation in Southern Sudan demonstrates that there is a wide disconnection between the measures pursued and the outcome of the process. This study will therefore inquire into the different meanings attributed to the concept of the rule of law in order to establish what the concept signifies in the context of statebuilding, with a focus on Southern Sudan. How does the theoretical understanding of the rule of law correlate with the legal and institutional measures taken by international organizations such as the United Nations and the African Union to build the effectiveness of the state in Southern Sudan? The study will further address issues such as what kind of state institutions are envisaged by rule of law reforms, together with the historical and theoretical imperatives which orient and drive the rule of law building process in post-conflict situations. The research is envisaged as a contribution to the debate on how to make ‘rule of law work on the ground’. It is hoped that if practitioners and policy makers take into account the findings of this study, their contribution to rule of law reforms in countries like Southern Sudan that have experienced protracted conflicts will not only achieve their objectives of reforms but also significantly improve the social and economic wellbeing and human rights protection of the people in whose name these reforms are pursued.

Item Type: Thesis (PhD)
Additional Information: © 2013 Charles Riziki Majinge
Library of Congress subject classification: D History General and Old World > DT Africa
J Political Science > JX International law
K Law > K Law (General)
K Law > KZ Law of Nations
Sets: Departments > Law
Supervisor: Chinkin, Christine and Beyani, Chaloka
URI: http://etheses.lse.ac.uk/id/eprint/845

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