Cesare Pinelli

State-Building and Constitutional-Making. The Cases of Kosovo, Iraq and Afghanistan.

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In the last decades, the UN Charter's prohibition of interferences into domestic jurisdiction has been significantly violated on various grounds from the UN, from States and from international organizations. The paper examines those interferences concerning state-building and constitution-making, deriving from preventive military interventions into the territory of the country concerned. The cases of Kosovo, Iraq and Afghanistan are taken into account. These three situations are indeed different, and pose different legal and political problems. But, according to the Author, such an inquiry is also likely to demonstrate the fallacies both of the traditional system of international law, and of the unilateral attempts of overriding that system.


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