Kellogg, Thomas E. --- "Rule of law in Asia: The case of China" [2018] ELECD 628; in May, Christopher; Winchester, Adam (eds), "Handbook on the Rule of Law" (Edward Elgar Publishing, 2018) 490

Book Title: Handbook on the Rule of Law

Editor(s): May, Christopher; Winchester, Adam

Publisher: Edward Elgar Publishing

ISBN: 9781786432438

Section: Chapter 29

Section Title: Rule of law in Asia: The case of China

Author(s): Kellogg, Thomas E.

Number of pages: 19

Abstract/Description:

Armed conflicts are increasingly interpreted as products of, in part, the breakdown of the rule of law, with weak rule of law institutions, in turn, understood as a major challenge to post-conflict reconstruction. Rule of law reform has thus become central to peacebuilding initiatives in the past decade and a half, accompanying a surge in international interventions in the periphery. Yet, results have often been disappointing, with reforms struggling to gain the necessary legitimacy within disrupted communities to function authoritatively. This chapter explores the prioritisation of the rule of law in the context of international peacebuilding, analysing the underlying assumptions and typical legal reforms, as well as their limitations and challenges in light of the purported goal of building a sustainable peace.