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United Nations Justice: Legal and Judicial Reform in Governance Operations

Calin Trenkov-Wermuth 
Publisher: United Nations University Press
ISBN10: 9280811738 ISBN13: 9789280811735 DDC: 341.52 Edition: Paperback; 2010-03-01

Summary

At the end of the twentieth century, and at the dawn of the twenty-first, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this book argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means. In the process, justice standards were sacrificed for the sake of prosecutions; the legal vacuum was not filled effectively; the UN's desire to create functioning courts exceeded its efforts to deal with detainees; local ownership was erroneously regarded as a means to the end of achieving a sustainable legal system; and the UN's adoption of rights standards unsuited to the circumstances led it to break its own laws. As a result, instead of easing key tensions at the heart of governance operations, the UN's approach aggravated them. Offering the first full account of the UN's endeavours with the administration of justice in governance operations and suggesting methods by which these efforts can be improved upon, United Nations Justice will be of interest to academics and practitioners in law, political science, ethics and applied philosophy, and transitional justice. "Extensively researched and powerfully argued, United Nations Justice is a penetrating criticism of past efforts to bring the rule of law to conflict-ridden countries and an inspiring effort to identify better practices that can help the UN assist those countries in the creation of a sustainable peace." &#151Michael W. Doyle, Harold Brown Professor of International Affairs, Law and Political Science, Columbia University "Calin Trenkov-Wermuth's book is a sobering assessment of the considerable obstacles and small victories, but also the avoidable fumbles and troubling legacies, of the UN's unprecedented efforts at comprehensive legal and judicial reform in Kosovo and East Timor&#151a remarkable and sorely needed memento for future operations." &#151Cesare P.R. Romano, Co-Director, Project on International Courts and Tribunals and Loyola Law School Los Angeles

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