Evaluating a demand for inclusionary governance in post-conflict situations

Marjolein Schaap

    Research output: Contribution to journalArticleAcademicpeer-review

    Abstract

    [abstract] An international administration of a territory (ITA) can adopt decisions in individual situations while a proper legal framework for regulating transparency, participation in decision-making and access to justice (i.e. inclusionary governance) is lacking. The type of public power exercised by ITAs and its impact on the local level raises serious concerns relating to inclusionary processes in the decision-making procedures of ITAs. Therefore, the principal objective of this paper is to critically analyse whether inclusionary governance can be required from ITAs. In order to do so, the paper will firstly evaluate ITA mandates for inclusionary governance provisions. The author asserts that, while power-sharing arrangements are made between ITAs and local authorities, this does not necessarily amount to inclusionary governance, as the inclusion of the individual is the key. Secondly, the paper discusses the review of international organisations on the inclusion/exclusion of individuals in decision-making by ITAs. Lastly, the paper contends that the exclusion of individuals in decision-making procedures forms a more general problem in international law; therefore, a concise comparison is made between the exercise of public power by ITAs and that by international organizations.
    Original languageEnglish
    Pages (from-to)107-120
    Number of pages14
    JournalInternational Journal of Rule of Law, Transitional Justice and Human Rights
    Volume2
    Publication statusPublished - 2011

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