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What We Owe Iraq

Author: Noah Feldman
Publisher: Princeton University Press
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What do we owe Iraq? America is up to its neck in nation building--but the public debate, focused on getting the troops home, devotes little attention to why we are building a new Iraqi nation, what success would look like, or what principles should guide us. What We Owe Iraq sets out to shift the terms of the debate, acknowledging that we are nation building to protect ourselves while demanding that we put the interests of the people being governed--whether in Iraq, Afghanistan, Kosovo, or elsewhere--ahead of our own when we exercise power over them. Noah Feldman argues that to prevent nation building from turning into a paternalistic, colonialist charade, we urgently need a new, humbler approach. Nation builders should focus on providing security, without arrogantly claiming any special expertise in how successful nation-states should be made. Drawing on his personal experiences in Iraq as a constitutional adviser, Feldman offers enduring insights into the power dynamics between the American occupiers and the Iraqis, and tackles issues such as Iraqi elections, the prospect of successful democratization, and the way home. Elections do not end the occupier's responsibility. Unless asked to leave, we must resist the temptation of a military pullout before a legitimately elected government can maintain order and govern effectively. But elections that create a legitimate democracy are also the only way a nation builder can put itself out of business and--eventually--send its troops home. Feldman's new afterword brings the Iraq story up-to-date since the book's original publication in 2004, and asks whether the United States has acted ethically in pushing the political process in Iraq while failing to control the security situation; it also revisits the question of when, and how, to withdraw.


Constitution Making Under Occupation

Author: Andrew Arato
Publisher: Columbia University Press
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The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.


From Nation Building to State Building

Author: Mark T. Berger
Publisher: Routledge
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This book examines the history of nation-building during the era of decolonization and the Cold War, and on the more recent post-Cold War and post-9/11 pursuit of nation-building in what have become known as ‘collapsed’ or ‘failed’ states. In the post-Cold War and post-9/11 era nation-building, or what is increasingly termed state-building, has taken on renewed salience, making it more important than ever to set the idea and practice of nation-building in historical perspective. Focusing on both historical and contemporary examples, the contributors explore a number of important themes that relate to ‘successful’ and ‘unsuccessful’ nation-building efforts from South Vietnam in the 1950s and 1960s to East Timor, Afghanistan and Iraq in the twenty-first century. From Nation-Building to State-Building was previously published as a special issue of Third World Quarterly and will be of interest to students and scholars of comparative politics and peace studies.


The Ethics of War

Author: Richard Sorabji
Publisher: Ashgate Publishing, Ltd.
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The Ethics of War traces how different cultures involved in present conflicts have addressed problems over the centuries. Distinguished authors reflect how the Greco-Roman world, Byzantium, the Christian just war tradition, Islam, Judaism, Hinduism and the Geneva Conventions have addressed recurrent ethical issues of war. Cutting edge essays by prominent modern theorists address vital contemporary issues including asymmetric war, preventive war, human rights and humanitarian intervention.


The Law and Legitimacy of Imposed Constitutions

Author: Richard Albert
Publisher: Routledge
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Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.


From Just War to Modern Peace Ethics

Author: Heinz-Gerhard Justenhoven
Publisher: Walter de Gruyter
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This book rewrites the history of Christian peace ethics. Christian reflection on reducing violence or overcoming war has roots extending back to ancient Roman philosophy, and it eventually decisively influenced the formation of modern international law. This study traces the development of the tradition from Cicero, Augustine and Thomas Aquinas to early modern thinkers including Vitoria, Suarez, Martin Luther, Hugo Grotius and Immanuel Kant. These sources influenced modern peace ethics’ cosmopolitanism and international law-based approach, as can be found in the late Pope John Paul II’s peace teaching.


The American Enterprise

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Exit Strategies and State Building

Author: Richard Caplan
Publisher: Oxford University Press
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In the past two decades, states and multilateral organizations have devoted considerable resources toward efforts to stabilize peace and rebuild war-torn societies in places such as Afghanistan, Iraq, Kosovo, and Sierra Leone. Despite these prodigious efforts, there has been relatively little consideration of the critical questions arising from the "end game" of state-building operations. In Exit Strategies and State Building, sixteen leading scholars and practitioners focus on relevant historical and contemporary cases of exit to provide a comprehensive overview of this crucial issue. By examining the major challenges associated with the conclusion of international state-building operations and the requirements for the maintenance of peace in the period following exit, this book provides unique perspective on a critical aspect of military and political intervention. Deftly researched, Exit Strategies and State Building sheds new light on what is not merely an academic issue, but also a pressing global policy concern.


Religious Pluralism and Islamic Law

Author: Anver M. Emon
Publisher: Oxford University Press
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978-0-19-966163-3


The Nation

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