This chapter addresses international law in Afghanistan. States where the â€˜post-conflictâ€™ period is, in fact, a series of continuing sub-national conflicts, are often coded as â€˜failedâ€™ or â€˜fragileâ€™ and are also criticized as failing in their embrace of international law. In the case of Afghanistan, such â€˜discourses of deficiencyâ€™ also erase some important legal history. For most of its history, Afghanistan has been contingent as a Westphalian state. This means that it has also had a fluid relationship with the institutions and norms of international law, including the normative discourse and practice of the international rule of law. Although Afghanistan has been a member of the United Nations since 1946, and thus a contributor to international law in the twentieth century, it is seen more as a subject of international law. After considering these issues, the chapter then highlights the complexity of Afghanâ€™s location within, as well as its relationship with, international law, international legal institutions, and international legal norms.
|Title of host publication||The Oxford Handbook of International Law in Asia and the Pacific|
|Editors||Simon Chesterman, Hisashi Owada, Ben Saul|
|Place of Publication||Oxford|
|Publisher||Oxford University Press|
|Publication status||Published - 2019|