Promoting the Rule of Law in Post-Conflict States [Paperback]

Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.Laura Grenfell critically evaluates how the rule-of-law enterprise operates in post-conflict states where customary law is prevalent and legal pluralism is strong. Through two case studies, Promoting the Rule of Law offers a fresh analysis that will be of particular interest to scholars, international legal practitioners and constitutional policy makers.Laura Grenfell critically evaluates how the rule-of-law enterprise operates in post-conflict states where customary law is prevalent and legal pluralism is strong. Through two case studies, Promoting the Rule of Law offers a fresh analysis that will be of particular interest to scholars, international legal practitioners and constitutional policy makers.In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions, and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.Part I: 1. Introduction; 2. The globalised relationship between the rule of law and legal pluralism; 3. The conceptual relationship between the rule of law and legalsS