The problems of 'nation-building': imposing bureaucratic 'rule from above'
Title:
The problems of 'nation-building': imposing bureaucratic 'rule from above'
Author:
Chandler, David
Appeared in:
Cambridge review of international affairs
Paging:
Volume 17 (2004) nr. 3 pages 577-591
Year:
2004-10
Contents:
With the problems of stabilising Iraq continuing under the 'fully sovereign' Iraqi interim government, which formally replaced the United-States-led transitional administrative authority on 28 June 2004, many critics have argued that the United Nations (UN) should play a much larger role in the transition process. This article suggests that while imposing an alternative set of external administrative 'advisers' might be popular with European powers, it is unlikely that greater UN involvement would make much difference to the people of Iraq. Using the example of the international protectorate of Bosnia, which is also a 'fully sovereign' state, where the UN plays a fully engaged role, it is clear that external enforcement can provide little legitimacy for Iraqi institutions. This article challenges the idea that the 'rule of law' can be imposed from outside by focusing on two areas of legal activism in Bosnia: constitutional change and property return. It suggests that the 'rule of law' approach sees legal or administrative solutions as a short cut to addressing political problems, fetishising the legal framework at the same time as marginalising the political sphere. Rather than more coercive external involvement in the form of pressures for more legislation and better law enforcement, the experience of Bosnia highlights the need for greater levels of political legitimacy, a need that runs counter to the logic of the 'rule of law' approach.
Journal description