Promoting the Rule of Law in Post-Conflict States.

Print version record.

Acknowledgments; Part I; 1 Introduction; 2 A globalised view of the rule of law and legal pluralism; 1. Colonialism and the rise of international law; 2. Law and development during decolonisation and the Cold War era; 3. Law and development in the post-Cold War era; 3.1 Profit: the free market and development; 3.2 Principles: human rights and democracy; 4. Transitional justice; 5. The United Nations; 5.1 UN peace operations and transitional justice; 5.2 UN member states; 5.3 Structural aspects of the UN and the World Bank; 6. Conclusion.

3 The conceptual relationship between legal pluralism and the rule of law in post-conflict states1. Legal pluralism; 1.1 State law pluralism and deep legal pluralism; 1.2 The benefits and limitations of legal pluralism; 2. The rule of law; 2.1 Legal predictability and certainty; 2.2 Government bound by law; 2.3 Equality; 3. Points of intersection and contact; 4. Conclusion; Part II; 4 'One law for one nation': how the rule of law and legal pluralism figure in South Africa's constitutional dispensation; 1. Context; 2. The rule of law.

2.1 The interim Constitution and section 1(c) of the Final Constitution2.2 The rule of law during apartheid; 2.3 The vague role of the rule of law in South Africa's Final Constitution; 3. Legal pluralism; 3.1 The initial negotiations and the interim Constitution; 3.2 The Final Constitution; 3.3 Pragmatism; 4. Conclusion; 5 Can the rule of law and legal pluralism assist 'the most vulnerable groups' in South Africa?; 1. The rule of law, legal pluralism and access to justice; 2. The rule of law and customary courts; 2.1 Supervision, appeals and compliance of customary courts.

2.2 The independence and impartiality of customary courts and the principle of separation of powers2.3 Unequal justice and forum shopping; 3. The rule of law and customary law; 3.1 'True legal pluralism' and the rule of law; 3.2 Competing versions of customary law; 3.3 Bhe, Shilubana, and Gumede and state recognition of customary law; 3.3.1 Bhe; 3.3.2 Shilubana; 3.3.3 Gumede; 3.4 The trilogy of cases, customary law and 'the most vulnerable sections of society'; 4. Conclusion; Part III; 6 Founding a legal system in post-conflict Timor-Leste; 1. Local customary law and its sources of legitimacy.

2. The Portuguese state and the Indonesian state3. The UNTAET Administration; 3.1 The rule of law and the Alves case; 3.2 UNTAET and local customary law; 3.3 UNTAET and international law; 3.4 UNTAET's legacy; 4. The 'mother law' and its sources of legitimacy; 4.1 International norms and local norms; 4.2 Political dynamics of the resistance and the diaspora; 4.3 Tension between local norms and constitutional human rights; Article 123 Categories of courts; 4.4 Questioned legitimacy; 5. Conclusion; 7 Timor-Leste's first decade of independence.

1. The decade's definitive events for the rule of law in Timor-Leste.

Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.

Includes bibliographical references (pages 274-315) and index.

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