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2 - Limitations of Existing Literature
from Part I - The Unchartered Territory of Transitional Governance
Emmanuel H. D. De Groof
Book:

State Renaissance for Peace

Published online:

10 September 2020

Print publication:

27 August 2020, pp 63-78
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Summary

The proliferation and internationalisation of TG invite us to treat it as an object of study in its own right under international law. Given the limitations in literature, this study has to be carried out afresh. The fields of TJ and ius post bellum and the concepts of legitimacy and democracy are only of limited utility in this regard. In light of the ‘irrelevance of outcome’, this study is not so much concerned with the question of to what extent the decision of a political system is purely a domestic matter. It rather focuses on the state renaissance preceding and accompanying that decision: the very operation of choosing or replacing a political system in many cases takes time. It often results from a protracted process, TG, which includes, but is not limited to, reconstitutionalisation. Because of the recurrence and potential lasting impact of TG in various countries today, a refined legal analysis is now overdue.