State Formation After Civil War

Derek Powell is an Associate Professor in Law and Head of the Multi-Level Government Initiative in the Dullah Omar Institute of Constitutional Law, Governance and Human Rights at the University of the Western Cape. He served as a deputy director-general, senior civil servant and policy advisor in the South African government under the Mandela and Mbeki administrations (1996-2009), where he worked on key policy processes to establish and reform the systems of democratic local government and intergovernmental relations. He was head of the research department at the Constitutional Assembly during the process to draft a democratic constitution for South Africa (1994-96). His research interests focus on comparative constitutional studies, international peace and security law and politics, local government, intergovernmental relations, public finance management, and more recently on using large datasets in researching complex problems of governance that cut across the law, state, economy, and society. He is co-editor of Jaap de Visser, Nico Steytler, Derek Powell, Ebenezer Durojaye eds., Constitution Building in Africa (Nomos, 2015).

• Chapter 1 IntroductionChapter 2 PeacebuildingThe Rise of the Post-Cold War Peace and Security ArchitectureIntegrated TransitionThe ‘Peace Map’ of a Typical UN Peace Building OperationFragmentation Not Integration Chapter 3 State BuildingThe Evolution of Post-Conflict State BuildingBuilding Denmark Building LeviathanThe Core State Functions ModelThe Grand Bargain modelState Building Limits Our View of State Formation Chapter 4 State Formation in National Peace Transitions State Formation as Historical Process Imperfectly Shaped by Human Design The State as an Incipient System of Rules for State Authority National Peace Transition as a Normative Field of State FormationChapter 5 Cities and State FormationFederalism and Local GovernmentDecentralization and Local GovernmentThe Constitutive Role of Local Government in State FormationIncipient Local Authority The Formation of Rules for Local Authority in National Peace TransitionsLocal Peace Transition Chapter 6 The South African Peace TransitionState Racism and the Long Arc of Conflict in South Africa (1910-1993) The Fragile Apartheid StateThe Peace Transition: Political Negotiations and Constitution-Making (1990-1996)Chapter 7 Civic ConflictLocal Government and the Enforcement of Apartheid Civic Struggle as People’s WarThe Civic Dimension of the ConflictCivic Conflict Defined the Pathways for the Local Peace Transition Chapter 8 The Local Peace Transition in South AfricaLocal Peace AgreementsThe ‘Local Government’ ConstitutionElected Transitional Local Council Local Peace TransitionChapter 9 Cities and State Formation in National Peace TransitionsBibliographyIndex

‘This is a helpful and important study. Powell deftly criticises overly prescriptive and deterministic models for post-conflict peace building, highlighting the need to take real people, real needs and real struggles into account, not as problems but as enabling factors for rebuilding a sustainable polity.’David Chandler, University of Westminster, UKSince it has become clear that the international instruments relating to fragile states are failing, it is time to seek new avenues. Professor Powell offers us a new, comprehensive approach that will be much welcomed by both academics and practitioners.Henk KummelingDistinguished University Professor, professor of Constitutional Law , Utrecht UniversityChair Electoral Council, The Netherlands