Journal of Conflict & Security Law

9 J. Conflict & Security L. 419

Winter 2004

Book Review

*419 SIMON CHESTERMAN, YOU , THE PEOPLE--THE UNITED NATIONS, TRANSITIONAL ADMINISTRATION, AND STATE-BUILDING. OXFORD: OXFORD UNIVERSITY PRESS, 2004, 316

PP. +XX. ISBN 0-19-926348-5

Emma McClean

University of Hull

As the 1990s were characterised by regular outings of the United Nations and other international actors into the realm of transitional administration and state-building, it is a small wonder that this is the topic of choice for the latest offering by Simon Chesterman. You, The People - The United Nations, Transitional Administration, and State-Building purports to do exactly what the title says, that is, examine the role of the UN and other international actors, and the relationship between them, in transitional administration in particular and state-building more generally. This area, owing to the recent situations in Iraq and Afghanistan, is fast becoming a particularly contentious area of international law and affairs. It therefore comes as no surprise that Simon Chesterman also turns his attention to the administration of post-conflict Iraq and Afghanistan and produces a book that, while vast in scope, undoubtedly contributes to the existing literature on the area. Indeed, the first part of the title, 'You, The People' - a somewhat playful if irreverent and poiggnant restatement of the opening line of the UN Charter - suggests that this book offers something more than a rudimentary run through the practice and approach of the UN and international actors in this area.

The author opens with the question, '[i]s it possible to establish the conditions for legitimate and sustainable national governance through a period of benevolent foreign autocracy?' (p.1). The question clearly indicates the concern permeating the work about contradictions or tensions between the means and the ends of a transitional administration, which is particularly evident in the use of the term 'benevolent foreign autocracy'. This term is used throughout to describe the forays into state-building whether by the UN or other international actors and conveys a recurrent preoccupation with the influence of politics, in particular national interests, in state-building exercises.

Chesterman's primary concern is with exploring the contradictions in transitional administrations and, as such, identifies three such contradictions, the first of which is found in the opening question. There is a tension between the idealist notion of the establishment of conditions for legitimate and sustainable national governance, the end of a transitional administration, and the means, 'benevolent foreign autocracy', which is firmly rooted in the realist tradition. The second contradiction is between the means available to achieve the ends of a transitional administration and it is here that the preoccupation with the influence of national interests is most apparent. Furthermore, Chesterman's annoyance at the lack of doctrine guiding transitional administrations, and the unwillingness to develop such doctrine, is plainly evident in his scathing observation that 'members of the [Security] Council and the wider UN community [are] apparently allergic to the *420 development of doctrine' (p.7). While these two contradictions also relate to the more general area of state-building, the third contradiction examined, that of the need to balance the demands for high international standards with the need for locally sustainable institutions, is particular to transitional administrations.

These contradictions combine to produce Chesterman's primary proposition, namely, that 'resolving the contradictions ... requires an acceptance that even where the ends of transitional administrations may be idealistic, the means cannot be' (p.9). In support of this argument, Chesterman looks back to colonialism and its subsequent dismantling and prohibition and examines the Mandates System of the League of Nations (chapter 1). Chesterman then evaluates the Trusteeship System of the UN and the 'evolutionary' track of peacekeeping missions from the 1950s onwards (chapter 2). This comparative analysis is possible because of the definition of a 'transitional administration', namely, the assumption of some or all governmental functions and powers by an international actor. While this analysis is carried out in order to determine whether any lessons may be learned from these previous experiences of 'transitional administration', a qualification and warning is added to the effect that such an exercise does not provide a template for the future. Furthermore, Chesterman acknowledges the limits of lessons to be drawn from colonialism, though the role of multilateral organisations in dismantling colonialism is identified as important and recurs in the analysis of the League of Nations. Indeed, chapter 2 on peace operations proves to be more interesting and illuminating than its predecessor, particularly the examination of transitional administrations as divided according to the prevailing political context. Thus the chapter is divided into decolonisation, transfer of territory, elections, peace processes and state failure.

These chapters provide the backdrop from which five issues with respect to transitional administration are identified as key, owing to their recurrent nature. These five issues: peace and security, consultation and accountability, justice and reconciliation, relief and reconstruction, and elections and exit strategies form the themes around which the succeeding chapters are organised, in which the 'usual suspects' of transitional administration appear throughout. The possible successes, such as Cambodia, jostle alongside the perhaps damning failures, such as Somalia, and as such, provide a much needed thread, along with the recurring concern with national interests, connecting each of these disparate chapters. Although not transitional administrations in the sense defined. Iraq and Afghanistan make regular appearances, usually in terms of a preferable option to the ever-expanding Security Council mandates for transitional administrations evident since the 1990s. The three contradictions, around which the work is premised, are given varying levels of emphasis in each chapter. For example, in chapter 3 on peace and security, the second contradiction is under scrutiny, whereas, in chapter 5 dealing with justice and reconciliation the spotlight falls on the third contradiction.

Chapter 8 attempts to draw all these threads and disparate areas of concern together to address the question of whether transitional administrations should be undertaken at all, given that, 'the means are inconsistent with the ends, they are frequently inadequate for those ends, and in many situations the means are irrelevant to the ends' (p.239). This question is examined within the context of the recent *421 developments in Iraq and Afghanistan, which are seen as 'suggestive of how the state-building agenda has changed' (p.249), and against the background of the events which prompted the military action in the first place. Consequently, the relationship between the UN and the US and the influence of national interests on the success or otherwise of a transitional administration is given particular attention. As such, the inclusion of colonialism as a precedent to modern day transitional administrations, notwithstanding its limited worth, is somewhat understandable, as Chesterman devotes much energy to discussing the possible advent of US imperialism.

Undoubtedly there is merit in the argument for the need to recognise the role of politics, particularly national interests, in the establishment, maintenance and conclusion of transitional administrations. It is unquestionable that the events in Iraq and Afghanistan have made this argument more persuasive. Nonetheless, the use of colonialism, particularly as implicit links are made with the current situations in Iraq and Afghanistan, to support the primary proposition of the need to accept that 'the ends of transitional administrations may be idealistic, the means cannot be' (p.9) is perhaps too strong an analogy to draw. In his less forthright statements where a 'lessons learned' approach is advocated (see, for example, p.47), this supportive argument becomes more palatable. However, these do little to remedy the impression that Chesterman is, at best, sympathetic to modern imperialism. For example, Chesterman observes that, while charges of US imperialism were rife during the Vietnam War, 'its contemporary manifestation' is different as 'the discussion is often neither hostile nor apologetic - indeed, a common criticism of the perceived US Empire is that it does not exercise its power sufficiently' (p.255). Yet, the statement that 'avoiding the appearance of imperialism or colonialism may demand a formal UN umbrella' (p.98) is more in tune with his 'lessons learned' approach, and certainly does not warrant the somewhat glib suggestion that as the Security Council only authorises enforcement actions which coincide with the interests of a few key states, 'it is possible that transitional administrations will be used to consolidate the peace as those key states move on to other battles' (p.49). This is jarring, given Chesterman's evident disappointment at the absence of, and lack of enthusiasm for the development of, doctrine by the Security Council.

As evidenced by such statements, with which the work is peppered, Chesterman himself seems to succumb to the contradiction between idealism and realism he explores in respect of transitional administrations, which may be due in part to the vast ground covered. But, 'You, The People' also provides the reader with little gems, such as the fact that the acronym for the UN's mission to Kosovo, UNMIK, means 'enemy' in the local Albanian dialect. This, with other valuable insights, particularly with respect to Iraq and Afghanistan, are reflective of Chesterman's access to high-ranking UN officials. Along with the structure of the book - each chapter begins with an insightful quotation - the combined result is an extremely readable and interesting piece of work, which is of worth to academics, students and practitioners.