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Legal Reform and Institution Building (in the Context of National and International Security)

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Abstract

This chapter argues that any serious national security issue will, more often than not, spill over the state border and may ignite global or regional tensions and reactions. And vice versa, a broader global or regional interest may affect a national security crisis in many ways.

The UN document “A more secure world: our shared responsibility” (2004) acknowledged that if there was to be a new security consensus, it must start with the understanding that the front-line actors in dealing with all the threats continue to be individual sovereign States. However, it can be argued that the awareness of monumental contemporary threats and their potential global impact on security and stability in the world gave rise to moving from “international” to “collective” security thinking.

The phenomenon of a weak or failing state is also analysed. Such a state commits human rights abuses, provokes humanitarian disasters, drives massive waves of immigration and attacks their neighbours. The lesson the international community and democratic governments are still to learn is that the holistic approach to reconstruction and development of a post-conflict society is the only way to guarantee stability and peace in the region.

Failed states, in spite of everything, want to be treated as equals and to feel as co-owners of the process of international police collaboration. If this prospect was clearly opened to them, they might get more serious, responsible and determined to reach certain standards that are required in “joining the club.”

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Notes

  1. 1.

    Report “A More Secure World: Our Shared Responsibility” submitted to the UN Secretary-General in 2004, by the High-Level Panel on Threats, Challenges and Change. UN Doc. A/59/565, 2 December 2004.

  2. 2.

    Ibid., p. 11.

  3. 3.

    UN Charter, Art. 2 (1).

  4. 4.

    Inis Claude: Collective Security as an Approach to Peace, in Classic Readings and Contemporary Debates in International Relations, ed. by Goldstein, Williams and Shafritz. Belmont CA: Thomson Wadsworth (2006), pp. 289–302.

  5. 5.

    Hans Kelsen: Collective Security under International Law. The Law Book Exchange Ltd. (2001), p. 1.

  6. 6.

    “In the last few decades, many countries in different regions would have moved from dictatorship to democracy… All are now wrestling with their repressive pasts… It is still too soon to say with certainty what works (200 years from now, it will still be too soon),” in: The Haunted Land: Facing Europe’s Ghosts After Communism—by Tina Rosenberg. Vintage Books 1996, pp. 397–398.

    See also: The World After Communism—by Robert Skidelsky. Macmillan 1995, pp. 160–172.

  7. 7.

    See Chapter 9—by David P. Forsythe, in: Human Rights in the New Europe—by Forsythe (ed.). University of Nebraska Press 1994, p. 174.

  8. 8.

    See The External Dimension of EU Justice and Home Affairs: Governance, Neighbours, Security—by Thierry Balzacq. Palgrave Macmillan 2009.

  9. 9.

    Para. 165.

  10. 10.

    As repeatedly noted in the UN Document A/59/565, referred to above (Note 1).

  11. 11.

    Para. 166.

  12. 12.

    Ibid. “… It is estimated that criminal organizations gain $300–$500 billion annually from narcotics trafficking, their single largest source of income. Drug trafficking has fuelled an increase in intravenous heroin use, which has contributed in some parts of the world to an alarming spread of the HIV/AIDS virus. There is growing evidence of a nexus between terrorist groups’ financing and opium profits, most visibly in Afghanistan.”

  13. 13.

    I am grateful to Professor D. Gordon (CUNY) for her thoughts and examples referred to in this paragraph.

  14. 14.

    DFID is a department of British government.

  15. 15.

    DFID document on “Fighting poverty to build a safer world: A strategy for security and development. British Government,” March 2005. Chapter 1, Paragraphs 1–4.

  16. 16.

    Para. 55.

  17. 17.

    Para. 167.

  18. 18.

    Para. 168.

  19. 19.

    See D. Galligan and M. Kurkchiyan: Law and Informal Practices—The Post-Communist Experience. Oxford University Press, 2003.

  20. 20.

    See Note 15 above.

  21. 21.

    UN Resolution A/59/565, Para. 31.

  22. 22.

    Z. Pajic: On Judiciary and Public Perception (will be published on “Transitions Online,” by the end of 2011).

  23. 23.

    UN Resolution A/59/565, Para. 171.

  24. 24.

    As in Note 9. See Communiqué of the 207th Meeting of the African Union Peace and Security Council, 29 October 2009. Doc. PSC/AHG/COMM. I (CCVII).

  25. 25.

    The United Nations Convention against Transnational Organized Crime, GA Res. 55/25, 15 November 2000, and the United Nations Convention against Corruption (UNCAC), GA Res. 58/4, 31 October 2003.

  26. 26.

    A Secure Europe in a Better World—The European Security Strategy. European Council, Brussels, 12 December 2003.

  27. 27.

    European Security: a Common Concept of the 27 WEU Countries. Extraordinary Council of Ministers, Madrid, 14 November 1995.

  28. 28.

    Para. 20.

  29. 29.

    Research for a Secure Europe, Report of the Group of Personalities in the field of Security Research. European Commission 2004, p. 10.

  30. 30.

    Atsuko Higashino, For the Sake of “Peace and Security”? The Role of Security in the EU Enlargement Eastwards. Cooperation and Conflict, Vol. 39, No. 4, 347–368 (2004).

  31. 31.

    Notes 1 and 26.

  32. 32.

    Chester Crocker: “Engaging Failing States,” in Foreign Affairs 82 (5) 2003, pp. 32–45.

  33. 33.

    More in Fukuyama, op. cit., pp. 125–127.

  34. 34.

    Jean-Yves Haine, The European Security Strategy: Coping With Threats, p. 21 (The EU and the European Security Strategy: Forging a Global Europe). Ed. by Sven Biscop and Joel Andersson. Routledge, 2008.

  35. 35.

    This aspect is discussed widely by Francis Fukuyama in his book State Building—Governance and World Order in the Twenty-First Century. Profile Books, 2004.

  36. 36.

    See Z. Pajic: Witnessing Transition and State-Building in Western Balkans, in Conflict and Renewal-Europe Transformed. Ed. By H. Swoboda and C. Solioz, Nomos Verlagsgeselschaft, Baden-Baden 2007.

  37. 37.

    A. Ghani and C. Lockhart: Fixing Failed States. Oxford University Press 2008, p. 221.

  38. 38.

    Helper, MacDuffie and Sabel: “Pragmatic Collaborations,” in Industrial and Corporate Change, Volume 9, No. 3. Oxford University Press, 2000, p. 443.

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Pajic, Z. (2013). Legal Reform and Institution Building (in the Context of National and International Security). In: Andreopoulos, G. (eds) Policing Across Borders. Springer, New York, NY. https://doi.org/10.1007/978-1-4419-9545-2_3

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