Delivering Lasting Peace, Democracy and Human Rights in Times of Transition: The Role of International Law

Abstract

The increasing scope of international legal regulation, particularly in the field of human rights, has facilitated the imposition of sustained policies of domestic reform aimed at entrenching internationally accepted standards of governance in transitional societies. At the point of such societal change, however, the symbolism of who makes and enforces the law is important. The question of the relationship between national and international law is therefore one which bears scrutiny. This article examines the theoretical basis upon which such policies are based, namely the idea of a liberal peace, considering the extent to which the blanket implementation of international standards can address the need of transitional societies to reestablish the legitimacy of both political and legal authority in order to ensure the future protection of human rights.