Legal implications of failed states

Abstract

The spread of violence, terrorism and the proliferation of crime are all bred in territories that are unstable, where order is lacking and where the government is all but effective. These are all effects which occur in a failed State, a situation which the international community seems to want to address forcefully. However, it also seems that the legal and political framework that currently stands at the international level provides for a slow reaction to the situation of crumbling institutions and internal order, which signal the beginning of the end of a functioning State. A failed State finds itself incapable of providing for its own population, becomes a danger for its neighbouring countries while it ends up in an ambivalent position within the international community. It appears that for the sake of enhanced security and more stability, the international community requires tools not only to assist collapsed States, but also to prevent the worst scenarios and be able to address the situation of an ailing State before it is too late. The international community can only fully succeed in this if it has within its capabilities tools that are permanently at its disposal and that are not subject to the political subjectivity of international partners. Through an interdisciplinary perspective this research paper reviews The Legal Implications of Failed States and examines methods that can improve the manner in which such situations are addressed.