United Nations Constitutional Assistance [UNCA] : a Third World Approaches to International Law [TWAIL] perspective /
- Publication info:
- EBook, Thesis/Dissertation, Book, Online
Osgoode Hall Law School Library
On the Shelf
- Corporate Subject:
- United Nations Constitutional Assistance [UNCA] : a Third World Approaches to International Law [TWAIL] perspective / Vijayashri Sripati.
- Main Author:
- Sripati, Vijayashri.
Thesis (Ph.D.)--York University, 2010.
Also available on the Internet.Also available in Microfiche format.
- Local Note:
See Mfiche b 1877 for LAW microfiche copy.
This study shines the scholarly spotlight on United Nations [UN] Constitutional Assistance [UNCA] essentially a largely uncharted field of analysis to interrogate its deeper implications. It concerns itself with the purposes served by UNCA and analyses it [UNCA] through the 'Policy Institution'/'established practice' concept using the 'purposive analysis' method drawn from Ralph Wilde's work: International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away (Oxford: Oxford University Press, 2008). It explores UNCA from the Third World Approaches to International Law [TWAIL] perspective. By analyzing UNCA as a 'policy institution' and interrogating its official purposes, this dissertation analyzes this theme broadly. It does this through analyzing data including primarily UN documents and interviewing UN officials and activists involved in UN-assisted constitution-making processes. Offered both in the post-conflict and development assistance contexts, UNCA essentially plays out in the more impoverished and politically weaker sections of the globe, that is, Least Developed Countries [LDCs]. This study analyzes how the UN's standard-setting about how a constitution should be written and what it should broadly contain, impact constitution-making and constitutional outcomes in these countries. On a general level, it concerns ways in which UNCA is shaped by liberal paternalism and the dominant conception of human rights that reflects a global order marked by the pursuit of neo-liberal economic principles. This study is thus animated by questions such as the following: Why has the UN been empowered to provide constitutional assistance to certain countries in the post-colonial era? Is the colonial analogy appropriate to understanding and explaining it? This study's overarching argument is that UNCA is a modern but milder version of the civilizing mission. And by its push to standardize how a constitution should be written and what it should broadly contain, the UN is making new additions to the 'standards of civilization.'
- Item Description:
- Physical Description:
xv, 434 leaves ; 28 cm.
- Technical Details:
System requirements for Internet version: Adobe Acrobat reader.Mode of access: Internet via the World Wide Web.
- Bibliography:Includes bibliographical references (leaves 350-434).
- Access:Access to Internet version restricted to York University faculty, students and staff with a York University IP address.