Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
International Law And Ungoverned Space, Matthew Hoisington
International Law And Ungoverned Space, Matthew Hoisington
Matthew Hoisington
Ungoverned spaces, strictly defined as “spaces not effectively governed by the state” exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways—and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from “safe havens” afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the …
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
Culture And The Rule Of Law: Cautions For Constitution-Making, David Pimentel
David Pimentel
Constitution-making in developing and post-conflict countries is a growth industry throughout the world. A country needing a new constitution will necessarily feel pressure to adopt, to "import," constitutional texts and principles from other, perhaps more developed nations, knowing that (1) such concepts have been tried and proven in other successful nations, and (2) they meet internationally-recognized minimum standards. A constitution, however, is, and must be, both a product of and a reaction to the society’s culture, and that includes its legal tradition, its history, and its ideology. Unless constitutions are drafted in cultural context, the best intentions are likely to …