The need for a ius in interregno : why international law should focus more on domestic interim governance

Abstract

In the post-Cold-War era domestic interim governance (‘DIG’) has become a matter of international interest. DIG is observed by provisional governments, transitional councils, etc. (‘domestic transitional authorities’) in countries said to be in transition. The so-called international community increasingly relies on DIG, which has become a recurrent politico-legal reality today. This paper unveils the reasons behind the success of DIG, observes how DIG is increasingly being internationalized, questions the legal rationales that may be invoked in support of DIG, and ends with discussing the paradoxes underlying DIG. The paper argues that a comprehensive analysis of how international law applies to transitions –a ius in interregno– should be undertaken in order to deconstruct these paradoxes from a legal perspective, and guards against some traps to be avoided in the elaboration of such a ius in interregno.