THE PROBLEMATIC SOVEREIGNTY OF FAILED STATES: CRISIS MANAGEMENT LESSONS
THE PROBLEMATIC SOVEREIGNTY OF FAILED STATES: CRISIS MANAGEMENT LESSONS

Summary/Abstract: This article examines how weak and failed states, through their continuing sovereignty, have the potential to promote regional and international conflicts and terrorist networks. Legality of the use of force and the morality of combating violence with violence are underlined themes, and explain how the rules of the Westphalian game have changed: no longer does sovereignty mean non-interference in the internal affairs of other states. The paper also presents a legal approach to an increasingly persuasive theory of a post-Westphalian sovereignty based on interdependence. An example is provided by the growth of international criminal courts which have rights to put sovereign representatives from weak states in the dock in support of the rights of victims of crimes against humanity and war crimes. This is an important development in terms of the international community’s capacity to manage current international crisis. Finally, this article discusses some controversies surrounding the management of “out-of-area” international crisis, using examples of precarious security situations in failing states, and highlights some solutions to the problems of weakening traditional sovereignty.

• Details
• Contents