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Global administrative law scholars have argued that global administrative law’s principles and normativity can bring about legitimacy to global governance institutions, and subsequently benefit the people of the Global South. I challenge these recent arguments that suggest global administrative law has managed to incorporate the concerns of the Third World. I caution international lawyers’ attempts to theorize global governance as administration to fill the democracy gap within the global space. My arguments are premised on the history of domestic administrative law and its uses to facilitate the settler colonial project in places like North America. I first examine the two animating claims within global administrative law and then focus, based on taxonomies available within the current literature, on procedural administrative law. The procedural argument has been developed by American legal scholars who want to deploy their common law based notions of administrative law within the global space. Based on this analysis, I develop and deploy a case study from the International Criminal Tribunal for Rwanda as illustration of judicial review within an international criminal institution set up by the UN Security Council. In the final section, I challenge global administrative lawyers’ arguments that global administrative law can be a tool of emancipation for the people of the Global South based on the ICTR case study.
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Even though Sri Lanka's protracted civil war came to a bloody conclusion in May 2009, prospects for a sustainable peace remain uncertain. The Sri Lankan army is no longer waging military campaigns and the separatist Liberation Tigers of Tamil Eelam (LTTE) are no longer carrying out political assassinations and suicide attacks, yet structural violence continues, and has arguably intensified since the war's end. Anti-Tamil discrimination, anti-Muslim violence, and Sinhala Buddhist majoritarianism all increased in the war's aftermath, as President Mahinda Rajapakse's government invoked its military victory over the LTTE to silence any opposition. The election of Maithripala Sirisena as president in January 2015 began to alleviate some of the worst of these post-war abuses of power, but many long-term problems will take longer to solve. This book brings together scholars in the fields of anthropology, sociology, history, law, religious studies and diaspora studies to critically engage issues such as post-war development, constitutional reform, ethnic and religious identity, transnational activism, and transitional justice. Through an interdisciplinary approach to post-war Sri Lanka, this volume examines the intractable and complex issues that continue to plague this war-torn island. , Even though Sri Lanka's protracted civil war came to a bloody conclusion in May 2009, prospects for a sustainable peace remain uncertain. The Sri Lankan army is no longer waging military campaigns and the separatist Liberation Tigers of Tamil Eelam (LTTE) are no longer carrying out political assassinations and suicide attacks, yet structural violence continues, and has arguably intensified since the war's end. Anti-Tamil discrimination, anti-Muslim violence, and Sinhala Buddhist majoritarianism all increased in the war's aftermath, as President Mahinda Rajapakse's government invoked its military victory over the LTTE to silence any opposition. The election of Maithripala Sirisena as president in January 2015 began to alleviate some of the worst of these post-war abuses of power, but many long-term problems will take longer to solve. This book brings together scholars in the fields of anthropology, sociology, history, law, religious studies and diaspora studies to critically engage issues such as post-war development, constitutional reform, ethnic and religious identity, transnational activism, and transitional justice. Through an interdisciplinary approach to post-war Sri Lanka, this volume examines the intractable and complex issues that continue to plague this war-torn island.