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Internationalisation, Consultation And Local Ownership

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Chapter Summary

Ownership has often been described as the key to successful reconstruction. The question is, however, how local ownership can be ensured in the absence of a functioning government and administration. united nation (UN)-led administrations as well as foreign occupation are generally considered as contravening local ownership, as they lack democratic legitimacy, whereas the Afghanistan 'light footprint' approach is generally perceived as enhancing local ownership. The observation however is erroneous. Such a statement is inaccurate since, if ownership were possible; there would not be a need to establish an international administration. This chapter analyses what needs to be understood by local ownership, before turning to an examination of the question of local ownership and internationalisation in the judicial sector. The presence of international experts is thus regularly a necessary step towards judicial reconstruction, but the participation of local actors through consultation and meaningful involvement remains indispensable.

Keywords: Afghanistan; consultation; foreign occupation; international administration; judicial reconstruction; light footprint approach; local ownership



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