International Law and Ungoverned Space
Hoisington, Matthew
2012
- Submitted in partial fulfillment of the degree of Master of Arts in Law and Diplomacy at the Fletcher School of Law and Diplomacy. Ungoverned spaces, strictly defined as _��spaces not effectively governed by the state_�� exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such ... read morespaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways_��and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from _��safe havens_�� afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the health, education, human rights and economic welfare of affected populations. To address the challenges posed by ungoverned spaces, both to the discipline of international law and to the stability of the international system, this article first derives a nuanced understanding of the issue from both the security and legal literatures. It then formulates an interpretive international legal framework and tests it against the real-world example of Somalia. Through this process it develops a complex argument on how international law should apply to ungoverned space.read less
- ID:
- w9505b37m
- Component ID:
- tufts:UA015.012.080.00009
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