Policy Brief - Re-thinking approaches to the international constitutional assistance in South Sudan

20.500.12592/szspdx

Policy Brief - Re-thinking approaches to the international constitutional assistance in South Sudan

16 Dec 2022

4 Effectively, international constitutional “messengers” tend to engage in a constitutional design to promote adoption of a liberal “message” commodified in a “globalized market” of constitutional transfers.5 International constitutional assistance aims to ‘export’ free market, good governance, the rule of law, and civilized social practices.6 Facilitated by technology, trade, and geopolitical int. [...] In both cases, a group of international actors such as Public International Law and Policy Group (PILPG), Max Planck Foundation for International Peace and the Rule of Law (Max Planck), International Development Law Organization (IDLO), National Democratic Institute (NDI), and a US law firm, Latham and Watkins, provided counsel, capacity building and constitutional drafting.8 Funding for operation. [...] One of the reasons for this failure is the inherent duality in the constitutional structure problematized by Kevin Cope who argues that the Transitional Constitution was adopted by two sets of actors with disharmonized interests: the SPLM dominated local experts on the one hand and international actors on the other.13 The former was concerned with structural power while the latter implanted robust. [...] International assistance is needed on certain thematic issues but on which stakeholders and parties to the Revitalized Peace Agreement are yet to reach a consensus.14 What exists on the side of the government is a National Task Force established by the Minister of Justice and Constitutional Affairs to assist him in certain matters related to chapters 5 and 6 of the Revitalized Peace Agreement. [...] The Sudd Institute’s intention is to significantly improve the quality, impact, and accountability of local, national, and international policy- and decision-making in South Sudan in order to promote a more peaceful, just and prosperous society.
Pages
6
Published in
South Sudan