Though constitutional drafting is a national affair, it is not isolated from the international legal setting in which it is embedded. Sometimes, the process of drafting itself may be directly governed by international law (for example, a United Nations mandate). On other occasions, constitutional design may be influenced by incentives generated by international law (such as EU membership). Either way, the creation of a new constitution invariably requires reflection upon the status and role of international law in the normative hierarchy of a country. Using Sudan as a case study, this chapter explores the significant role played by international law in the drafting of the Comprehensive Peace Agreement and the Interim National Constitution of 2005.

Chapter 4 tracks Yemen’s democratic transition and descent into civil war. Like Libya, Yemen entered the Arab Spring with severe national unity and state-capacity challenges. National unity collapsed in Yemen when the military fired on protestors and some soldiers and officers defected to the uprising. In addition, in Yemen, during the democratic transition, potent political parties never emerged to represent the secular youth who spearheaded the regime. Houthi rebels, the main challengers to the prior regime under Saleh’s rule, also felt left out of the transition process. Lastly, political parties also failed to forge consensus on conflicts between the former North Yemen and South Yemen, which prevented a democratic bargain or political pact. Yemen was also the poorest country in the region making it exceptionally vulnerable to socioeconomic challenges.