@article{2020:reinold:a_new_type,
title = {A new type of hybrid actor in global governance: anti-impunity commissions, shared sovereignty, and the rule of law},
year = {2020},
note = {This article investigates the contribution of a new type of hybrid
actor to fostering the rule of law in weak states. In a number of
issue-areas in global governance, hybrid solutions have been
experimented with, and the latest manifestation of this global trend
towards hybridity are hybrid anti-impunity commissions that have begun
to proliferate in Latin America in the past decade or so and that are
likely to produce ripple-effects beyond the continent. These
commissions do not supplant the justice system of the target state but
fight impunity from within it. They do so by assuming some of the
sovereign prerogatives traditionally assumed to be falling within the
domaine réservé of the host state. The prototype of this new hybrid
actor was deployed in Guatemala, where the Comision Internacional
Contra la Impunidad en Guatemala had to terminate its mandate after
more than a decade of successful work. It remains unclear, however, to
what extent such hybrid commissions can effect a lasting
transformation of the justice systems of their host states and what
scope conditions are required for them to operate successfully. What
remains poorly understood, for instance, is how the depth of
delegation affects the provision of public goods. In this article I
shall argue that hybrid arrangements in which tasks are shared
relatively evenly among externals and locals and that thus involve
only a partial delegation of authority tend to be more successful and
produce more sustainable results than arrangements providing for
deeper forms of delegation.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {245--266},
author = {Reinold, Theresa},
volume = {53},
number = {3}
}