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Handling The Legal Complications Of The Absence Of Effective Government

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Chapter Summary

The absence of effective government brings into focus many important problems in international law because it involves states' inability to take advantage of rights and fulfil duties under international law. In the absence of effective government, the state, but also the international community, suffers either from ineffectiveness or a lack of organs or agencies to fulfil its duties and exercise its rights, which Herdegen described as 'subjective impossibility'. The international community's handling of the legal complications of the absence of effective government is a research subject of its own. This chapter maintains only that the reaction of the international community to the lack of effective government should be understood as part of its reconstruction efforts. International law overcomes the difficulties of states dealing with the absence of effective government both actively and passively.

Keywords: effective government; international community; international law; legal complications

10.1163/ej.9789004178120.i-272.27
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