The Sovereignty Paradox : The Norms and Politics of International Statebuilding

## Abstract This book analyses the normative framework underlying the statebuilding activities of the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor. It argues that a particular understanding of sovereignty has shaped the efforts of these international administrations, and examines the influence of this conception on three aspects of statebuilding: institution-building, the behaviour of international institutions towards local actors, and the timing and nature of the transition from international to local authority — the exit strategies of international administrations. The book argues that international administrations hold a conception of ‘sovereignty as responsibility’: states have to fulfil a set of responsibilities towards their population, in particular administrative effectiveness, the protection of human rights, democracy, the rule of law, and maintaining a free market economy. These responsibilities constitute a ‘standard of civilisation’, which legitimises sovereign authority, and failure to fulfil this standard can lead to international intervention and the denial of sovereign rights. The book shows how this ‘standard of civilisation’ is used by international administrations both to justify the denial of self-governance, and to serve as a blueprint for their institution-building activities. The restructuring of political and administrative practices to help post-conflict territories to meet this standard creates a sovereignty paradox: international administrations compromise one element of sovereignty — the right to self-government — in order to implement domestic reforms to legitimize the authority of local political institutions, and thus strengthen their sovereignty. In the light of the governance and development record of the three international administrations, the book assesses the promises and the pathologies of statebuilding, and develops recommendations to improve their performance. Contents......Page 10 List of Figures......Page 12 List of Acronyms......Page 13 Why Study Statebuilding and International Administrations?......Page 16 Methodological Challenges......Page 21 Outline of the Argument......Page 30 PART I. CONCEPTS AND THEORIES......Page 40 1. Sovereignty in International Society......Page 42 The Problematic Concept of Sovereignty......Page 43 Towards a New ‘Standard of Civilization’?......Page 53 2. International Administrations in International Society......Page 66 A History of International Administrations......Page 67 Sources of Authority of International Administrations......Page 73 International Administrations in International Society......Page 85 PART II. CASE STUDIES......Page 94 3. Statebuilding in Bosnia and Hercegovina......Page 96 Background......Page 97 Policymaking in Bosnia and Hercegovina I: The Reform of the Payment System and the Dismantling of the Payment Bureaux......Page 113 Policymaking in Bosnia and Hercegovina II: The Reform of the State-level Civil Service......Page 122 Sovereignty and Statebuilding in BiH......Page 129 4. Statebuilding in Kosovo......Page 142 Background......Page 143 Policymaking in Kosovo I: Human Rights and the Reform of the Judicial System......Page 159 Policymaking in Kosovo II: Property Rights and Privatization......Page 168 Sovereignty and Statebuilding in Kosovo......Page 181 5. Statebuilding in East Timor......Page 195 Background......Page 196 Policymaking in East Timor I: Human Rights and the Reform of the Judicial System......Page 210 Policymaking in East Timor II: Rebuilding the Civil Service......Page 221 Sovereignty and Statebuilding in East Timor......Page 228 6. The Sovereignty Paradox......Page 241 Sovereignty in International Society......Page 242 International Society and International Administrations......Page 252 Conclusion......Page 259 Bibliography......Page 264 B......Page 289 C......Page 290 E......Page 291 I......Page 292 K......Page 293 P......Page 294 S......Page 295 U......Page 296 Z......Page 297 The Post-cold War Years Have Witnessed An Unprecedented Involvement By The United Nations In The Domestic Affairs Of States, To End Conflicts And Rebuild Political And Administrative Institutions. International Administrations Established By The Un Or Western States Have Exercised Extensive Executive, Legislative, And Judicial Authority Over Post-conflict Territories To Facilitate Institution Building And Provide For Interim Governance. This Book Is A Study Of The Normative Framework Underlying The International Community's Statebuilding Efforts. Through Detailed Case Studies Of Policymaking By The International Administrations In Bosnia And Herzegovina, Kosovo, And East Timor, Based On Extensive Interviews And Work In The Administrations, The Book Examines The Nature Of This Normative Framework, And Highlights How Norms Shape The Institutional Choices Of Statebuilders, The Relationship Between International And Local Actors, And The Exit Strategies Of International Administrations. The Book Argues That A Particular Conception Of Sovereignty As Responsibility Has Influenced The Efforts Of International Administrations, And Shows That Their Statebuilding Activities Are Informed By The Idea That Post-conflict Territories Need To Meet Certain Normative Tests Before They Are Considered Legitimate Internationally. The Restructuring Of Political And Administrative Practices To Help Post-conflict Territories To Meet These Tests Creates A Sovereignty Paradox: International Administrations Compromise One Element Of Sovereignty--the Right To Self-government--in Order To Implement Domestic Reforms To Legitimize The Authority Of Local Political Institutions, And Thus Strengthen Their Sovereignty.--jacket. Sovereignty In International Society -- International Administrations In International Society -- Statebuilding In Bosnia And Hercegovina -- Statebuilding In Kosovo -- Statebuilding In East Timor -- The Sovereignty Paradox. Dominik Zaum. Includes Bibliographical References (p. [249]-273) And Index. The post-cold war years have witnessed an unprecedented involvement by the United Nations in the domestic affairs of states, to end conflicts and rebuild political and administrative institutions. International administrations established by the UN or Western states have exercised extensive executive, legislative, and judicial authority over post-conflict territories to facilitate institution building and provide for interim governance. This book is a study of the normative framework underlying the international community's statebuilding efforts. Through detailed case studies of policymaking by the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, based on extensive interviews and work in the administrations, the book examines the nature of this normative framework, and highlights how norms shape the institutional choices of statebuilders, the relationship between international and local actors, and the exit strategies of international administrations. The book argues that a particular conception of sovereignty as responsibility has influenced the efforts of international administrations, and shows that their statebuilding activities are informed by the idea that post-conflict territories need to meet certain normative tests before they are considered legitimate internationally. The restructuring of political and administrative practices to help post-conflict territories to meet these tests creates a sovereignty paradox: international administrations compromise one element of sovereignty--the right to self-government--in order to implement domestic reforms to legitimize the authority of local political institutions, and thus strengthen their sovereignty. In the light of the governance and development record of the three international administrations, the book assesses the promises and the pathologies of statebuilding, and develops recommendations to improve their performance. The post-cold war years have witnessed an unprecedented involvement by the United Nations in the domestic affairs of states, to end conflicts and rebuild political and administrative institutions. International administrations established by the UN or Western states have exercised extensive executive, legislative, and judicial authority over post-conflict territories to facilitate institution building and provide for interim governance. This book is a study of the normative framework underlying the international community's statebuilding efforts. Through detailed case studies of policymaking by the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, based on extensive interviews and work in the administrations, the book examines the nature of this normative framework, and highlights how norms shape the institutional choices of statebuilders, the relationship between international and local actors, and the exit strategies of international administrations. The book argues that a particular conception of sovereignty as responsibility has influenced the efforts of international administrations, and shows that their statebuilding activities are informed by the idea that post-conflict territories need to meet certain normative tests before they are considered legitimate internationally. The restructuring of political and administrative practices to help post-conflict territories to meet these tests creates a sovereignty paradox: international administrations compromise one element of sovereignty - the right to self-government - in order to implement domestic reforms to legitimise the authority of local political institutions, and thus strengthen their sovereignty. In the light of the governance and development record of the three international administrations, the book assesses the promises and the pathologies of statebuilding, and develops recommendations to improve their performance. Contents 10 List of Figures 12 List of Acronyms 13 Introduction 16 Why Study Statebuilding and International Administrations? 16 Methodological Challenges 21 Outline of the Argument 30 PART I. CONCEPTS AND THEORIES 40 1. Sovereignty in International Society 42 The Problematic Concept of Sovereignty 43 Towards a New ‘Standard of Civilization’? 53 2. International Administrations in International Society 66 A History of International Administrations 67 Sources of Authority of International Administrations 73 International Administrations in International Society 85 PART II. CASE STUDIES 94 3. Statebuilding in Bosnia and Hercegovina 96 Background 97 Policymaking in Bosnia and Hercegovina I: The Reform of the Payment System and the Dismantling of the Payment Bureaux 113 Policymaking in Bosnia and Hercegovina II: The Reform of the State-level Civil Service 122 Sovereignty and Statebuilding in BiH 129 4. Statebuilding in Kosovo 142 Background 143 Policymaking in Kosovo I: Human Rights and the Reform of the Judicial System 159 Policymaking in Kosovo II: Property Rights and Privatization 168 Sovereignty and Statebuilding in Kosovo 181 5. Statebuilding in East Timor 195 Background 196 Policymaking in East Timor I: Human Rights and the Reform of the Judicial System 210 Policymaking in East Timor II: Rebuilding the Civil Service 221 Sovereignty and Statebuilding in East Timor 228 6. The Sovereignty Paradox 241 Sovereignty in International Society 242 International Society and International Administrations 252 Conclusion 259 Bibliography 264 Index 289 A 289 B 289 C 290 D 291 E 291 F 292 G 292 H 292 I 292 J 293 K 293 L 294 M 294 N 294 O 294 P 294 Q 295 R 295 S 295 T 296 U 296 V 297 W 297 Y 297 Z 297 By looking at the post-conflict international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, the book examines how particular ideas about the state, and about the appropriate relationship between the state and its population, have influenced the statebuilding efforts of the international community The post-cold war years, compared to the cold war decades, have witnessed an increased willingness by the international community to intervene in the domestic affairs of states, especially with the aims of ending conflicts and rebuilding institutions in p