- Coupright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Asia’s Ambivalence about International Law
- Regional Organizations
- Asia in the History and Theory of International Law
- Regional Peace and Security
- Human Rights
- International Humanitarian Law and International Criminal Law
- International Environmental Law
- Law of the Sea and Asian States
- International Economic Law and Asia
- International Dispute Settlement
- South Korea
- The Philippines
- Viet Nam
- Sri Lanka
- Central Asian States
- South Pacific Island States
- New Zealand
Abstract and Keywords
This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ‘fragile’ and are also criticized as failing in their embrace of international law. In the case of Afghanistan, such ‘discourses of deficiency’ also erase some important legal history. For most of its history, Afghanistan has been contingent as a Westphalian state. This means that it has also had a fluid relationship with the institutions and norms of international law, including the normative discourse and practice of the international rule of law. Although Afghanistan has been a member of the United Nations since 1946, and thus a contributor to international law in the twentieth century, it is seen more as a subject of international law. After considering these issues, the chapter then highlights the complexity of Afghan’s location within, as well as its relationship with, international law, international legal institutions, and international legal norms.
Veronica L Taylor is Professor of Law and Regulation at the School of Regulation and Global Governance (RegNet), Australian National University, Australia.
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