Constitution-Making under UN Auspices

Fostering Dependency in Sovereign Lands

Price: 1695.00 INR

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ISBN:

9780199498024

Publication date:

20/02/2020

Hardback

504 pages

216.0x140.0mm

Price: 1695.00 INR

We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.

ISBN:

9780199498024

Publication date:

20/02/2020

Hardback

504 pages

216.0x140.0mm

Vijayashri Sripati

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution.  This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination.

Rights:  World Rights

Vijayashri Sripati

Description

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states.

This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

About the Author

Vijayashri Sripati is a visiting scholar at The University of Toledo, Ohio (2019–20). An expert on United Nations Constitutional Assistance (UNCA), she writes on topics at the intersection of constitutional law and human rights.

Vijayashri Sripati

Table of contents

List of Tables and Figures

Foreword by Soli J. Sorabjee

Preface

Acknowledgements

List of Abbreviations

 

Part I

  1. United Nations Constitutional Assistance: A Significant but Uncharted Field
  2. The Western Liberal Constitution’s Internationalized Making Sires Foreign Territorial Administration: The Historical Context
  3. Internationalizing the Western Liberal Constitution: To Settle Disputes and Civilize
  4. The Western Liberal Constitution’s internationalized making: Rise, Rejection, and Revival

 

Part II

  1. The Western Liberal Constitution’s Rise post 1989: United Nations Constitutional Assistance
  2. United Nations Constitutional Assistance: An ‘Institution’
  3. How Does the UN Justify Offering Constitutional Assistance in This Post-Colonial Era? A ‘Purposive Analysis’
  4. United Nations Constitutional Assistance: A Mechanism to Implement International Law and Policy
  5. UNCA Continues Its Civilizing Role
  6. United Nations Constitutional Assistance: Legitimation in the Post-colonial Era

 

Select Bibliography

Index

About the Author

 

Vijayashri Sripati

Features

  • Covers constitutional assistance offered by the United Nation's predecessor: the League of Nations and its Permanent Mandates Commission. and rids the international law discourse of long-standing conceptual confusions.
  • Provides a lucid explanation of how and why the Western liberal constitution rooted in the rule of law provides the basis for territorial administration.
  • First contemporary book to offer the increasingly important constitutional dimension of international law topics such as rule of law, trusteeship, peace-building, state-building, law and development, and international territorial administration.
  • Initiates a conversation long-overdue between policymakers and scholars, and between constitutional law scholars and their counterparts in international law and political economy.
  • The only book to offer a comprehensive inventory of United Nations Constitutional Assistance (UNCA) projects from 1949-2018, and UNCA-ITA projects (both plenary ITA and partial ITA).
  • Covers the United Nations Development Programme's role in promoting constitutional assistance.
  • Examines the Security Council's role in promoting the Western liberal constitution, from its UNCA mandates to its actual offer of constitutional assistance.
  • Discusses UNCA projects offered in the post-conflict and development assistance contexts.

Vijayashri Sripati

Review

‘A ground-breaking history of the globalization of constitutionalism…’

— David Singh Grewal, professor of law, University of California, Berkeley, United States

 

‘[E]xceptionally meticulous study of the way in which the UNCA has established one particular type of market-based constitution…’

— James Tully, emeritus distinguished professor of political science and law, University of Victoria, Canada

 

‘[A] much valued contribution to both students and practitioners of international law and international relations...’

— David Chandler, professor of international relations, University of Westminster, United Kingdom

Vijayashri Sripati

Description

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states.

This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

About the Author

Vijayashri Sripati is a visiting scholar at The University of Toledo, Ohio (2019–20). An expert on United Nations Constitutional Assistance (UNCA), she writes on topics at the intersection of constitutional law and human rights.

Read More

Reviews

‘A ground-breaking history of the globalization of constitutionalism…’

— David Singh Grewal, professor of law, University of California, Berkeley, United States

 

‘[E]xceptionally meticulous study of the way in which the UNCA has established one particular type of market-based constitution…’

— James Tully, emeritus distinguished professor of political science and law, University of Victoria, Canada

 

‘[A] much valued contribution to both students and practitioners of international law and international relations...’

— David Chandler, professor of international relations, University of Westminster, United Kingdom

Read More

Table of contents

List of Tables and Figures

Foreword by Soli J. Sorabjee

Preface

Acknowledgements

List of Abbreviations

 

Part I

  1. United Nations Constitutional Assistance: A Significant but Uncharted Field
  2. The Western Liberal Constitution’s Internationalized Making Sires Foreign Territorial Administration: The Historical Context
  3. Internationalizing the Western Liberal Constitution: To Settle Disputes and Civilize
  4. The Western Liberal Constitution’s internationalized making: Rise, Rejection, and Revival

 

Part II

  1. The Western Liberal Constitution’s Rise post 1989: United Nations Constitutional Assistance
  2. United Nations Constitutional Assistance: An ‘Institution’
  3. How Does the UN Justify Offering Constitutional Assistance in This Post-Colonial Era? A ‘Purposive Analysis’
  4. United Nations Constitutional Assistance: A Mechanism to Implement International Law and Policy
  5. UNCA Continues Its Civilizing Role
  6. United Nations Constitutional Assistance: Legitimation in the Post-colonial Era

 

Select Bibliography

Index

About the Author

 

Read More