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Larry Diamond
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Among the growing number of recent cases where international actors have become engaged in trying to rebuild a shattered state and construct democracy after conflict, Iraq is somewhat unique. The state collapsed not as a result of a civil war or internal conflict, but as a result of external military action to overthrow it. We are still very much in the middle of an internationally assisted political reconstruction process in Iraq, and we will not know for a year or two, or maybe five or ten, the outcome of the postwar effort to rebuild the Iraqi state. Nevertheless, some important lessons can be identified.

Prepare For A Major Commitment

Rebuilding a failed state is an extremely expensive and difficult task under any circumstance, and even more so in the wake of violent conflict. Success requires a very substantial commitment of human and financial resources, delivered in a timely and effective fashion, and sustained over an extended period of time, lasting (not necessarily through occupation or trusteeship, but at least through intensive international engagement) for a minimum of five to ten years.

Commit Enough Troops

One of the major problems with the American engagement in Iraq is that there were not enough international troops on the ground in the wake of state collapse to secure the immediate postwar order. As a result, Iraq descended into lawless chaos once Saddam's regime fell. The United States Army wanted a much larger force on the ground in order to secure the postwar order, something like 400,000 troops rather than the total invasion force of less than 200,000 that was ultimately authorized. Of course, what is needed is not simply enough troops but the right kind of troops with the proper rules of engagement. It does no good to have troops on the ground if they simply stand by and watch what is left of the state being stolen and burned. One lesson of Iraq is that international post-conflict stabilization missions need to be able to deploy not just a conventional army but a muscular peace implementation force that is somewhere between a war-making army and a crime-fighting police, between a rapid reaction and riot control force.

Mobilize International Legitimacy and Cooperation

In the contemporary era, a successful effort at post-conflict reconstruction requires broad international legitimacy and cooperation, for at least two key reasons. First, the scope and duration of engagement is typically more than any one country-and public-is willing to bear on its own. The broader the international coalition, the greater the human and financial resources that can be mobilized, and the more likely that the engagement of any participating country can be sustained, as its public sees a sense of shared international commitment and sacrifice. Second, when there is broad international engagement and legitimacy, people within the post-conflict country are less likely to see the intervention as the imperial project of one country or set of countries. All other things being equal, international cooperation and legitimacy tends to generate greater domestic legitimacy-or at least acceptance-for the intervention.

Generate legitimacy and trust within the post-conflict country

No international reconstruction effort can succeed without some degree of acceptance and cooperation-and eventually support and positive engagement-from the people in the post-conflict country. Without some degree of trust in the initial international administration and its intentions, the international intervention can become the target of popular wrath, and will then need to spend most of its military (and administrative) energies defending itself rather than rebuilding the country and its political and social order. Unfortunately, these qualities were lacking in the occupation of Iraq, and the Iraqi people knew it. From the very beginning, the American occupation failed to earn the trust and respect of the Iraqi people. As noted above, it failed in its first and most important obligation as an occupying power-to establish order and public safety. Then it failed to convey early on any clear plan for post-conflict transition.

All international post-conflict interventions to reconstruct a failed state on more democratic foundations confront a fundamental contradiction. Their goal is, in large measure, democracy: popular, representative, and accountable government, in which "the people" are sovereign. But their means are undemocratic: in essence, some form of imperial domination, however temporary and transitional. This requires a balancing of international trusteeship or imperial functions with a distinctly non-imperial attitude and some clear and early specification of an acceptable timetable for the restoration of full sovereignty. As much as possible, the humiliating features of an extended, all-out occupation should be avoided.

Hold Local Elections First

One of the toughest issues on which to generalize concerns the timing of elections. Ill-timed and ill-prepared elections do not produce democracy, or even political stability, after conflict. Instead, they may only enhance the power of actors who mobilize coercion, fear, and prejudice, reviving autocracy and even precipitating large-scale violent strife. In Angola in 1992, in Bosnia in 1996, and in Liberia in 1997, rushed elections set back the prospects for democracy and, in Angola and Liberia, paved the way for renewed civil war. There are therefore compelling reasons, based in logic and in recent historical experience, for deferring national elections until militias have been demobilized, new moderate parties trained and assisted, electoral infrastructure created, and democratic media and ideas generated. International interventions that seek to construct democracy after conflict must balance the tension between domination for democracy and withdrawal through democracy. In these circumstances, two temptations compete: to transform the country, its institutions and values, through an extended and penetrating occupation (à la British colonial rule), and to hold elections and get out as soon as possible. The question is always, in part, how long can international rule be viable? In Iraq, for better or worse, the answer-readily apparent from history, and from the profound and widespread suspicion of American motives in the region and among Iraqis themselves-was: not long.

Disperse Economic Reconstruction Funds and Democratic Assistance As Widely As Possible

Both for the effectiveness and speed of economic revival, and in order to build up local trust and acceptance, there is a compelling need for the decentralization of relief and reconstruction efforts, as well as democratic civic assistance. The more that the international administration, as well as private donors, works with and through local partners, the more likely that their relief and reconstruction efforts will be directed toward the most urgent needs, and the better the prospect for the accumulation of political trust and cooperation with the overall transition project. In Iraq there was a particularly compelling need for the creation of jobs, which might have been done more rapidly by channeling repair and reconstruction contracts more extensively through a wide range of local Iraqi contractors, instead of through the big American mega-corporations.

Proceed With Some Humility

This encompasses perhaps the ultimate, overarching contradiction. It is hard to imagine a bolder, more assertive, and self-confident act than a nation, or a set of nations, or "the international community," intervening to seize effective sovereignty in another nation. There is nothing the least bit humble about it. But ultimately the intervention cannot succeed, and the institutions it establishes cannot be viable, unless there is some sense of participation and ultimately "ownership" on the part of the people in the failed and re-emerging state. This is why holding local elections as early as possible is so important. It is why it is so vital to engage local partners, as extensively as possible, in post-conflict relief and economic reconstruction. And it is why the process of constitution making must be democratic and broadly participatory.

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Jason M. Brownlee
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As the conflict in Iraq reminds us, nation building confounds its architects' designs with almost predictable regularity. Investments of time, resources, and specialized knowledge have not enabled large-scale political engineering. Instead, would-be nation builders have been frustrated by a proliferation of unintended consequences and their inability to elicit societal participation in their projects. Results depend more upon initial conditions prior to an intervention than the nation builder's exertions upon arrival.

Hence, the U.S. has performed most poorly when its mission required the most work (e.g., Somalia, Haiti, Iraq). Conversely, it has done best where it did less (Germany, Japan), deferring to old-regime civil servants and upgrading already functional institutions. Given the humbling record of Western powers at navigating the perils of macro-level political planning, the "how" of nation-building should be considered, in the formulation of Defense Secretary Donald Rumsfeld, a known unknown.

More likely, it is a known unknowable. The extent of unintended consequences and contingency in largescale political engineering makes disappointment certain and disaster likely.

Twentieth-century experiences belie the notion that nation-building successes will solve the problem of state failures. Forces trying to impose regime change and raise new state structures immediately grapple with societal inertia and their own deficit in understanding local politics.

This dilemma pushes would-be nation builders down one of two undesirable paths. Either they recognize their inability to restructure indigenous political arrangements or they attempt to do so in vain. Despite plans of change at the outset of nation building, those executing the project soon embrace a change of plans.

Thus, even the most committed states have been hampered by an inability to develop political capacity on the ground and improve upon the initial endowments of the country being occupied. Institutional value-added has been minimal, reflecting the problem of state instability back upon those who expected to solve it.

These patterns raise serious doubts about the chances of success in even the most well-intentioned of regimechange missions. They demarcate the limits of projecting state power abroad, whether for humanitarian or security purposes. The failures of imposed regime change lead to the conclusion that indigenous gradual political development-with all of its potential for authoritarianism and civil unrest-may be the optimal path for sustainable democratization and state building.

When comparing the uneven history of post-colonial development with the poor record of nation building we are left paraphrasing Churchill's endorsement of democracy as the worst kind of government except for the alternatives: Sovereign political development may be the worst form of government except for all those kinds of nation building that have been tried.

Infrastructural weakness is not a technical problem surmountable through systematic review of prior experiences. Indeed, the notion of "learning past lessons" deceptively implies that the current generation of academics and policymakers can succeed where their predecessors failed. The idea that nation building is a flawed but salvageable project prejudges its fundamental viability.

Once we have set our sights on rescuing an enterprise that has repeatedly frustrated its architects and their subjects, we screen out alternatives that more effectively serve the same development goals. We also risk funneling research down an intellectual cul-de-sac, at great cost in time, resources, and lives lost for those participating in failed regime-change missions. Therefore, a more productive direction for contemporary interest in nation building may mean backing up and reassessing the core problem of weak states, on one hand, and the limits of foreign intervention, on the other. Ensuring a positive impact on the country considered for intervention requires orienting the enterprise away from the takeover of state functions and toward the short-term provision of aid to local communities.

Apart from the futile pursuit of infrastructural power or the doomed deployment of despotic power (coercion), one can envision a third kind of influence, "regenerative power," which is exercised during relief efforts, such as emergency assistance following natural disasters.

Regenerative power involves neither the adoption of domestic state functions nor physical coercion. It denotes the ability of a state to develop infrastructure under the direction of the local population. For example, it means rebuilding a post office, but not delivering the mail. It is typified by the U.S. response to natural disaster relief within its own borders and abroad.

Regenerative power turns nation building on its head. Rather than imposing a blueprint from outside, participants respond to the needs of the affected community. It is restorative rather than transformative. There is no preexisting master plan for what the "final product" will be, but rather an organically evolving process in which the assisting group serves at the direction of the people being assisted.

The exercise of regenerative power is inherently limited in scale since it depends on local engagement rather than elite planning. It is inimical to macro-level ambitions but it also acquires a bounded effectiveness that imposed regime change lacks. Where nation building attempts to overwrite existing organization and only belatedly incorporates local understanding, disaster relief efforts and regenerative projects begin from the assumption that local communities know best their own needs. Existing social networks and patterns of authority are an asset, not a hindrance, and local know-how offers the principal tool for resolving local crises.

Rather than pursuing the often destructive delusion of interventionist state transformation, regenerative power starts from an interest in using state power for constructive purposes and a sober assessment of the limits of that aim. The assisting foreign groups serve under the direction of indigenous political leaders toward the achievement of physical reconstruction and emergency service provision.

With remarkable prescience Rumsfeld commented in October 2001, "I don't know people who are smart enough from other countries to tell other countries the kind of arrangements they ought to have to govern themselves."

The experience of twentieth century U.S. interventions and ongoing operations in Iraq supports his insight. Proponents of nation building or shared sovereignty arrangements have exaggerated the ability of powerful states to foster institutions in developing countries. The empirical record, from successful outcomes in Germany and Japan to dismal failures across the global south, shows the societies alleged to be most in need of strong institutions have proven the least tractable for foreign administration. Rather than transmitting new modes of organization, would-be nation builders have relied upon existing structures for governance.

This dependence on the very context that was intended for change reveals how little infrastructural power nation builders wield. They are consistently unable to implement political decisions through the local groups. Contrary to recent arguments that sustained effort and area expertise can enable success, nation building has foundered despite such investments.

Understanding that nation building is a "known unknowable" is crucial for redirecting intervention where it can be more effective. Advocates of humanitarian assistance should consider the merits of smaller, regenerative projects that can respond better to uncertainty and avoid the perils of large-scale political engineering.

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How does the resource base of a rebel group impact its membership, structure, and behavior? While scholars, analysts, and policy makers increasingly link natural resources to the onset and duration of civil war, this article explores how resource endowments shape the character and conduct of rebel groups. This article identifies a rebel "resource curse" much like the one that undermines state institutions in resource-rich environments. While the presence of economic endowments makes it possible for leaders to recruit on the basis of short-term rewards, these groups are flooded with opportunistic joiners who exhibit little commitment to the long-term goals of the organization. In resource-poor environments, leaders attract new recruits by drawing on social ties to make credible promises about the private rewards that will come with victory. Opportunistic joiners stay away from these movements, leaving a pool of activist recruits willing to invest their time and energy in the hope of reaping large gains in the future.

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Journal of Conflict Resolution
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Marina S. Ottaway specializes in democracy and post-conflict reconstruction issues. She is a Senior Associate of the Carnegie Endowment for International Peace in the Democracy and Rule of Law Project, a research endeavor that analyzes the state of democracy around the world and the efforts by the United States and other countries to promote democracy. Her new book, Democracy Challenged, a comparative study of semiauthoritarian regimes in Africa, the Caucasus, Latin America, and the Middle East, was published in January 2003. Her current works focus on political transformation in the Middle East and reconstruction in Iraq and Afghanistan.

She is also a lecturer in African Studies at the Nitze School for Advanced International Studies at Johns Hopkins University. Ottaway carried out research in Africa and in the Middle East and taught at the University of Addis Ababa, the University of Zambia, the American University in Cairo, and the University of the Witwatersrand in South Africa.

She received her undergraduate educatin at University of Pavia, Italy and her Ph.D. from Columbia University. Ottaway's selected Publications include, Democracy Challenged: The Rise of Semi-Authoritarianism (Carnegie, 2003); Funding Virtue: Civil Society Aid and Democracy Promotion, edited with Thomas Carothers (Carnegie, 2000); Africa's New Leaders: Democracy or State Reconstruction? (Carnegie, 1999)

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Marina Ottaway Senior Associate Carnegie Endowment for International Peace
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Stanford Law School, the Stanford Rule of Law Program, the Center on Democracy, Development, and the Rule of Law, Santa Clara University School of Law, and the Santa Clara Institute of International and Comparative Law will host a Global Jurisprudence Colloquium at Stanford University on March 17-18, 2005, on the theme of Decisions of International Legal Institutions: Compliance and Enforcement. The Colloquium will provide leading judges from a number of key international courts and tribunals with an opportunity to interact and share with the Stanford community and the public their insights into issues presented by the growing use of international courts to promote the rule of law.

Distinguished international jurists scheduled to participate in the Colloquium include Judges Higgins and Owada of the International Court of Justice, Judges Pillay and Song of the International Criminal Court, President Meron and Judge Robinson of the International Criminal Tribunal for the Former Yugoslavia, Judge Mumba of the International Criminal Tribunal for Rwanda, Judge Ameli of the Iran-United States Claims Tribunal, Judge Kokott of the European Court of Justice, Judge Greve of the European Court of Human Rights, and President Robertson of the Special Court for Sierra Leone.

On March 18, the Colloquium participants, joined by distinguished international law and international relations faculty, will hold three panel discussions, each on a particular theme related to the historic challenge to improve enforcement of international law and efforts to enhance the rule of law. These panel discussions will be held at Stanford Law School and are open to the University community and the public.

Room 290, Stanford Law School

Symposiums
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Mr. Faber will speak about the legal and political issues concerned in treating HIV/AIDS in Sub Saharan Africa from ther perspective of a major pharmaceuticals company.

Room 180 Law

Gunther Faber Vice President for Sub Saharan Africa Glaxo, Smith, Kline
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Why does Nigeria have a history of failed republics, failed governance as well as false starts and dead-ends on the path to economic development, social coherence, and peace? Is the Fourth Republic condemned to the fate of previous ones, or can it rise above the heavy weight ofthe past and chart a different path for itself? In this volume of 26 chapters, put together to honour one of Nigeria's foremost political scientists, four generations of political scientists, economists, political economists, sociologists, psychologists, international relations experts, lawyers, historians and specialists in literature from Africa and North America provide fresh and succinct insights on these and other posers in original essays that range from the theoretical to the analytical, from those that are historical and comparative to those that focus on the current situation in that important African country.

The essays focus on. four cardinal points that sin post Nigeria's perennial struggle for democracy and good governance as cause, effect and terrain. These are the structure, history, processes and dynamics of the country's putative federal system; governance issues; the formation and transformation of identities; and the global contexts of the production and reproduction of the Nigerian state, economy and society.

The book will be of great value to Nigerians, friends of Nigeria, and all those interested in understanding the path that has led Nigeria to its present, state and in finding alternative pathways to a future that is more democratic, better governed, and more developed.

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Ibadan University Press
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Larry Diamond
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After more than a decade of reform efforts in Africa, much of the optimism over the continent's prospects has been replaced by widespread "Afropessimism." But to what extent is either view well founded? Democratic Reform in Africa plumbs the key issues in the contemporary African experience - including intrastate conflict, corruption, and the development of civil society - highlighting the challenges and evaluating the progress of political and economic change.

Case studies of Botswana, Mozambique, Nigeria, and South Africa complement the thematic chapters, exploring the complex interactions between democracy and development.

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Lynne Rienner Publishers in "Democratic Reform in Africa: The Quality of Progress", E. Gyimah-Boadi, ed.
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Larry Diamond
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Professor Tom Heller of Stanford University Law School and CDDRL's Program on Rule of Law will speak on his current research.

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Stanford, California 94305-8610

(650) 723-7650 (650) 725-0253
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Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies, Emeritus
THeller.jpg LLB

An expert in international law and legal institutions, Thomas C. Heller has focused his research on the rule of law, international climate control, global energy use, and the interaction of government and nongovernmental organizations in establishing legal structures in the developing world. He has created innovative courses on the role of law in transitional and developing economies, as well as the comparative study of law in developed economies. He co-directs the law school’s Rule of Law Program, as well as the Stanford Program in International Law. Professor Heller has been a visiting professor at the European University Institute, Catholic University of Louvain, and Hong Kong University, and has served as the deputy director of the Freeman Spogli Institute for International Studies at Stanford University, where he is now a senior fellow.

Professor Heller is also a senior fellow (by courtesy) at the Woods Institute for the Environment. Before joining the Stanford Law School faculty in 1979, he was a professor of law at the University of Wisconsin Law School and an attorney-advisor to the governments of Chile and Colombia.

FSI Senior Fellow and Woods Institute Senior Fellow by courtesy
Thomas C. Heller Professor Stanford Law School and CDDRL
Seminars
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Liz McBride, Director of the Post-Conflict Development Initiative at the London-based Internatinal Rescue Committee will discuss state reconstruction challenges following violent conflict in the developing world. McBride is a visiting researcher in the spring quarter at CDDRL. She has worked in humanitarian relief and post-conflict reconstruction in Tanzania and Rwanda. McBride's responsibilities at the International Rescue Committee include creating and ensuring implementation of new institutional program frameworks in response to the changing nature of humanitarian aid; overseeing technical areas of community driven reconstruction, good governance, civil society, local capacity development, conflict resolution and economic development; and supporting service delivery technical units in defining post-conflict strategies and priorities (i.e. health, education). She also works intensively with the International Rescue Committee's primary target post-conflict countries: Sudan and South Sudan, Democratic Republic of Congo, Afghanistan, Liberia.

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Liz McBride Director, Post-Conflict Development Initiative International Rescue Committee
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