The United Nations in Transitional East Timor: International Standards and the Reality of Governance

Morrow, Jonathan D.; White, Rachel

doi:10.22145/aybil.22.1

Cited by 4 publications

(4 citation statements)

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“…In cases where a constitution is creating a new entity, or where there is no democratic tradition of government, a high level of artificiality is inevitable. 70 However, where those international standards directly conflict with local culture and are likely to be ignored, it may also reduce the legitimacy of the resulting document. 71 The tension between the different legitimacy concerns within an internationalized pouvoir constituant highlights the delicacy of the process and the challenge in ensuring that it is regarded as legitimate by all those invested in it.…”

Section: Legitimacymentioning

confidence: 99%

International(ized) Constitutions and Peacebuilding

Hay¹

2014

Leiden Journal of International Law

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This article concerns the concept and practice of international(ized) constitutions, which have become characteristic of situations where there is deep international involvement in peacebuilding efforts. The process and nature of internationalized constitutions challenge traditional ideas about sovereignty, self-determination, and constitutions. While they reinforce the importance of constitutional documents themselves as an indicator of sovereignty, internationalized constitutions simultaneously legitimize a high degree of external influence in the creation and even implementation of that document. This article argues that internationalized constitutions are not inherently legitimate or illegitimate, but have the potential to be either in any given situation. Internationalized constitutions in Iraq and Kosovo are used as case studies to investigate how the dilemmas of internationalized constitutions have played out in two recent scenarios.

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Section: Legitimacymentioning

confidence: 99%

International(ized) Constitutions and Peacebuilding

Hay¹

2014

Leiden Journal of International Law

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“…84 The first elections were held exactly two years after the popular consultation leading to the creation of UNTAET. 90 The first presidential elections were held on 14 April 2002, and were viewed as free and fair by international observers. 85 UNTAET designed an electoral system based both on proportional representation on the basis of a single nationwide constituency and, second, on regional representation through the election of one representative for each of the 13 districts.…”

Section: East Timormentioning

confidence: 99%

“…89 The elaborated constitution was signed on 22 March 2002, and provided for the direct election of a president and a national parliament. 90 The first presidential elections were held on 14 April 2002, and were viewed as free and fair by international observers. 91 Despite the fairness of the electoral process, 92 some issues of concern have been raised with regard to the transformation of the Constituent Assembly into a National Parliament.…”

Section: East Timormentioning

confidence: 99%

Democratic Governance and Post-conflict Reconstruction

Cogen¹,

Brabandere²

2007

Leiden Journal of International Law

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The concept of democracy has long fuelled controversy among international legal scholars, especially concerning its definition. This article is an attempt to single out three constitutive elements of democracy that have been subject to extensive scrutiny in the practice of electoral assistance and the more comprehensive peace-building and state-building missions that the UN has taken up or supported since the end of the twentieth century: free and fair elections, freedom of association -with emphasis on the freedom to establish political parties -and freedom of expression. In doing so, this paper examines the role and the importance of each of these three constitutive elements in the practice pertaining to post-conflict reconstruction of Kosovo, East Timor, Afghanistan, and Iraq.

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“…65 Vieira de Mello vested exclusive judicial authority in East Timor's courts and considered their judicial decision making to be entirely outside his sphere of power. 66 In light of the severe shortages of qualified indigenous personnel, this trust was ill placed. In hindsight, UNTAET might have retained control of this sector and drawn in foreign judges for the transitional period, just as it used foreign police to support the embryonic East Timorese police force.…”

Section: Civil Administrationmentioning

confidence: 99%