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neutrality of international law

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3 - The Foundation of Transitional Governance
from Part II - Foundation and Actors of Transitional Governance * Sources of Ius in Interregno
Emmanuel H. D. De Groof
Book:

State Renaissance for Peace

Published online:

10 September 2020

Print publication:

27 August 2020, pp 81-113
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Summary

As to the foundation of TG, TI come in all sorts of shapes and sizes. They are enshrined in international treaties, intrastate agreements or domestic legal acts and laws. The TI we examined however share a number of features. First, their origin or common ‘breeding ground’: non-constitutionality. As a central feature of contemporary TG, non-constitutionality calls for nuanced analysis as TG progressing in stages can be ‘interim-constitution-based’. Second, the method of supraconstitutionality, allowing TI to (partly) supersede, if only temporarily, both the previous and coming constitutional order. Supraconstitutionality then serves as a catalyser for the third common feature of TI: the triple purpose of pacification, self-limitation, and reconstitutionalisation.

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3 - The Foundation of Transitional Governance

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3 - The Foundation of Transitional Governance

Summary