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Abstract

One of the least explored areas of International Law is the emerging trend of 'State Building’. International Law has entered its 'post-ontological' state, where the debate about its existence and legality is moot. International Law is facing certain knotty problems since the advent of globalization. International law controlled the jus ad bellum regime in a Westphalian context. As a result, The Charter of the United Nations only settled disputes which arose between states. In other words, the focus of the Charter was interstate disputes. The last decade of 20th century and the early 21st century heralded the era of Civil Wars. The Charter was primarily not designed to deal with the issues of civil war. The issue of civil war required a liberal interpretation of Article 2 Para 7 and Article 39 of the Charter. In addition to this, International Law did not have too many 'institutionalized' mechanisms to deal with the issue of civil wars. The problem became more severe with the coinage of the phrase 'Fail/Weak State’. To settle this issue, International Law sought the help of the nascent field of Conflict Resolution. It is Conflict Resolution which acts as a bridge between International Law and State Building. With the advent of Responsibility to Protect (R2P), especially its third dimension, Responsibility to rebuild, it can be said that International Law is making its foray in institutionalizing State Building and Conflict Resolution. The paper is a small attempt to analyze the relationship between International Law, Conflict Management, State Building, Fail/ Weak States and Responsibility to Protect (R2P). Section I of the paper will trace the origins of Conflict Resolution with special emphasis on Protracted Social Conflict. Section II of the paper will deal with the ontology of Fail I Weak States. Section III of the paper deals with the relationship between State Building, International Law and Responsibility to Rebuild. Section IV of the paper will give concluding observations and suggestions.

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