Review of Laura Grenfell, Promoting the Rule of Law in Post-Conflict States

Click to increase image sizeClick to decrease image size

Notes

1. Her book ties in nicely with the recent conference at which I presented my views: how does legal pluralism interact with the promotion of human rights and the rule of law, to paraphrase the title of this conference in Oñati, Spain, held in 2013, and organized by Prof. Eva Brems and Dr Giselle Corradi (Ghent University).

2. In Colombia, where the notion and practice of formal legal pluralism are about the most advanced in the world, linkage rules have not succeeded in passing parliament, but were eventually developed by the Constitutional Court in a long series of cases. Bolivia and Ecuador are now engaged in a heated attempt to finalize linkage norms. In some states of the Mexican federal system, some indigenous jurisdictions are recognized and a set of linkage norms is found. In the Pacific region, there seems to be better chances of introducing these rules to recognize but also limit local jurisdictional competences (see this book, page 208, footnote 122).