EMERGENCE OF FAILED STATES IN THE INTERNATIONAL LEGAL

ORDER

3.2 International Law

Submitted By – Shivam Shantanu

UID No. UG17- 94

Academic Year 2018-19

Semester- III

Submitted To – Ms. Shreya Mishra, Assistant Professor of Law

MAHARASHTRA NATIONAL LAW UNIVERRSITY, NAGPUR

Table of Contents
Introduction ..................................................................................................................................... 3
Aims and Objectives ....................................................................................................................... 3
Research Methodology ................................................................................................................... 3
State................................................................................................................................................. 4
Failed State...................................................................................................................................... 5
Emergence of Failed States............................................................................................................. 7
Case of Sub Saharan Region of Africa ........................................................................................... 8
Case of Afghanistan and Syria ........................................................................................................ 9
Indicators of a Failed State ........................................................................................................... 11
Implications of a Failed State ....................................................................................................... 15
Conclusion .................................................................................................................................... 17
Bibliography ................................................................................................................................. 18

2
Introduction
This project deals with the concept of Failed states. It covers from emergence of a failed state to
its implications on the international legal order. It also covers examples from failed states to the
states which are worsening and may fail in future. A state is called as failed when all of its
institutions ceased to operate. There are many causes discussed for failure of a state. It discusses
all the relevant indicators which shows what are the parameters on which states failure depends
upon. A state loses its position as a legal entity in the international legal order. It also creates a
confusion for the international community as to which law will operate in this scenario.

Aims and Objectives

 To study the concept of failed states.
 To study which states are considered as failed states.
 States which are failed in the present scenario.
 Implications of failure of State.

Research Methodology
The research methodology used in this paper is doctrinal method and based on secondary
materials. The research is based on articles written by many authors. Author has also referred to
index related to state’s failure and many more articles and newspaper material.

3
State
A state is more than government. Governments change but states endure.1 A state is the means
of rule over a defined or “sovereign” territory. A state comprises of four basic elements which
are (a) territory (b) population (c) government (d) capacity to enter into relations with other
states (Sovereignty).2 All these elements are dependent on each other. None of them can exist
individually. The state should not be viewed as a form of association that subsumes or
subordinates all others. The state is not an entity whose interests map closely onto the interests of
the groups and individuals that fall under its authority, but has interests of its own. The state is,
to some extent at least, an alien power; though it is of human construction, it is not within human
control. The state is not there to secure people’s deepest interests, and it does not serve to unify
them, reconcile them with one another, bring their competing interests into harmony, or realize
any important good—such as justice, freedom, or peace. While its power might be harnessed
from time to time, that will serve the interests of some not the interests of all. The state is thus an
institution through which individuals and groups seek to exercise power (though it is not the only
such institution); but it is also an institution that exercises power over individuals and groups.
The state is, ultimately, an abstraction, for it has no existence as a material object, is not confined
to a particular space, and is not embodied in any person or collection of persons. The state exists
because certain relations obtain between people; but the outcome of these relations is an entity
that has a life of its own—though it would be a mistake to think of it as entirely autonomous—
and to define the state is to try to account for the entity that exists through these relations.3 A
state in international arena is recognized when all other states recognize it and that state makes
itself a subject to the international legal order.

There are many indicators which highlight whether a state is in a good condition or not. Internal
peace and security is the foremost criterion for a state to show it is in good condition or not. A
state is represented by its government and the onus of proving a state’s condition is always on its
government. Whether a government is able to manage its basic state affairs in a positive manner

1
What is a State, Global Policy Forum, https://www.globalpolicy.org/nations-a-states/what-is-a-state.html, Last
accessed on 24 Jul. 18.
2
Article 1, Montevideo Convention on the Rights and Duties of the States, Signed at Montevideo 26 December
1933
3
A Definition of the State, Chandran Kukathas, Department of Government, London School of Economics,
Presented at a conference on ‘Dominations and Powers: The Nature of the State’, University of Wisconsin, Madison,
http://philosophy.wisc.edu/hunt/A%20Definition%20of%20the%20State.htm, Last accessed on 24 Jul. 18.

4
or not. There must be freedom in the state to everyone to exercise their rights. A state should be
free from internal rebellions and violent disruptions. Economic disparity can never get over but
the state should always endeavor to get minimum economic disparity amongst different
economic sections of the society. The state should always work for a better living of its citizens
irrespective of their caste and class. If a government fulfills its obligation towards its population
and the citizens abide by their duties and follow their rights in a rightful manner then a state can
be considered in a good position.4

Failed State
It is a state which there is implosion of the structures of power and authority and disintegration
of the State. In this scenario, there is also a collapse of law and order. The emphasis is on the
total or the proximity to breakdown of structures guaranteeing law and order. It also entails the
absence of bodies capable of representing the State at international level and, in this case, it is
either that no institution exists which has authority to negotiate, respect and enforce law and
order or if one exists, it is wholly unreliable. The failure of a state can be regarded as a failure of
its institutions. A failed state is a state which has all the legal capacity to work but in practical
sense it has lost all its power to act. State comes into such condition where it is ruled by warlords
and there is no structural command and due to which it becomes ungovernable.5 Basically a state
fails when one of the most important organ of a state i.e. government becomes failure. There is
no structured authority, certain groups or leaders start to work in an unruly manner. The whole
system of a state collapses. Everything is haywire. All the government machineries stop to work.
Daniel Thurer, describes a failed State as, “the general collapse and internal dissolution of a
State.” Only collapse of a government in a state cannot be regarded as a failed state but also
those states which are aggressive, arbitrary, tyrannical or totalitarian State would equally be
regarded as having “failed”-at least according to the norms and standards of modern-day

4
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
5
FAILED STATE DISCOURSE UNDER INTERNATIONAL LAW: THE PLACE, ATTRIBUTES AND
IMPLICATIONS Brian Dube and Proceed Manatsa, Cowen Dziva, International Journal of Politics and Good
Governance Volume 4, No. 4.4 Quarter IV 2013 ISSN: 0976 – 1195.

5
international law .6 Considering a state as failed just because of failure of its government will
make this phenomenon very narrow to understand.

Chomsky’s view on failed states

Chomsky says that a state is said to be failed when it fails to provide security for the population,
to guarantee rights at home or abroad, or to maintain functioning of democratic institutions. On
this basis only Chomsky argues that US is the world’s biggest failed state. He supports it by
stating that Washington invested its resources in an imaginary threat from Cuba than on a real
menace from Al-Qaeda.7

US proclaims itself as a harbinger of democracy in the world but when democracies established
by US doesn’t favor US interests then it starts creating problem for that state and regards it as a
failed state.8 And if a rogue state is defined by its defiance of international law then the US,
Chomsky says, has been rogue’s rogue. It has ignored the Geneva Conventions by its treatment
of prisoners at Guantanamo and of Iraqi civilians in Falluja, violated the Nuclear Non
Proliferation Treaty by its development of new weapons when it should be making good-faith
efforts to get rid of the old ones, flouted the United Nations Charter, which allows the use of
force only when the “necessity of self-defense” is “instant” and “overwhelming,” standards
hardly met by the 2003 invasion of Iraq, and defied the World Court, which in the 1980’s held
Washington guilty of “unlawful use of force” against Nicaragua, a ruling the United States
simply rejected. Chomsky views that America exempts itself from the rules it demands for
everyone else.9

6
The "failed State" and international law, 31-12-1999 Article, International Review of the Red Cross, No. 836, by
Daniel Thürer.
7
Failed States – Abuse of Power and the Assault on Democracy, By Noam Chomsky, 1st Edition, 2006, Published
by Metropolitan Books.
8
Book review of Failed States – Abuse of Power and the Assault on Democracy - Noam Chomsky, by Jonathan
Freedland – Homeland Insecurity in New York Times, 25 June 2006.
9
Failed States – Abuse of Power and the Assault on Democracy, By Noam Chomsky, 1st Edition, 2006, Published
by Metropolitan Books.

6
Emergence of Failed States
Most of the failed states rather all of the failed and failing states are the third world states. States
which got independence after the Second World War and which were left independent after the
cold war era are the biggest contributors in the failed states list in the international legal order.
After getting independence most of the countries were left on their own to rule and govern the
state. There was no guidance provided to them from their colonial masters, which created a big
problem for them. This was the time when the cold war has just begun between the two big super
powers USA and erstwhile USSR. The newly independent countries were regarded as third
world countries. They had the option to join any of the group either NATO or Warsaw Pact.
Many countries join these groups and some of them remained non aligned like India and joined
the Non Aligned Movement.

All of these countries were left with no resources by their colonial masters. Most of these were
African, Asian, and Latin American nations. They had to be dependent on some or the other
super power group in the bipolar world to manage and run their states. After the end of Second
World War, a wave of democracy ran across the world. Most of the newly independent states
aspired to be a democratic state. India was also one of them. But the way Indian democracy came
up was not in case of all other countries. Most of these countries were weak democracies. The
democratic government was either toppled by a military coup or a dictator. All these countries
failed due to democratic aspiration.10

During the cold war period, all the aligned countries who got independence again got dependent
on a new foreign master. These countries were used by the super powers as a place for extraction
of resources and keeping their weapons and ammunitions for any sort of circumstance which
may arose. All these countries were dependent due to their economic backwardness. They
needed economic help to flourish. These countries also faced many sort of ethnic clashes which
led to internal violence which made the government unstable there. The big nations got a weapon
market in all these third world countries and got an opportunity of toppling the government
which is not in their favor by supporting the rebel groups.

10
Democratization, Failed States, and Peace Operations: THE CHALLENGE OF UNGOVERNABILITY by Robert
H. Dorff.

7
Another wave of failed states which hit the world came after the end of cold war era after the
disintegration of the erstwhile USSR. All the countries who were allies to these super powers
were now left hopeless and helpless. They became paralyzed. After the battle of supremacy
between USA and erstwhile USSR ended, these small allies were of not their use and were
thrown in the dustbin of democracy which they could not sustain. These states which became
burden on their masters were now left free to get destroyed. These nations could not manage and
run and fell prey into the hands of strong military groups like what happened in Afghanistan.
These states had chance after their independence to built themselves but they fell prey into the
hands of the battle of ideological supremacy. The countries which are most affected by all these
are Somalia, Sudan, Afghanistan, Democratic Republic of Congo, and many more nations.

Most of these countries have diversity in their population. Whether they are divided in tribes or
clan or religion or regional difference. The problem is not differences but the government’s
failure to adjust these differences. A country like India which is known for its diversity and also
got independence with most of the third world countries still it didn’t failed as a state. The
biggest reason for this is the farsightedness of then leaders and how they managed to inculcate all
the diversity into mainstream. India also did see secessionist movement but the effective control
by the governments made these movements a failure.

Case of Sub Saharan Region of Africa

This region is the most hit by the failure of states. These states were used as a resource fishing
hub for their colonial masters. All these colonial masters were least concerned about the
development of state but were only concerned about their private benefits. There were least
interactions between the masses and them. They appropriated all the resources these states had.
They also developed infrastructures but not to serve the needs of the masses but to serve their
economic needs. The biggest example is Democratic Republic of Congo, many roads were built,
good infrastructure were created, industries were also set up but they didn’t setup any schools or
hospitals for their subjects.11

The independence movement which was also going on was lead by some of the elites who were
in very few numbers and were graduated university students. They were nurtured by their

11
What are the Political Causes of Failed States in Sub-Saharan Africa? By Alberto Pecoraro, e-ir.info.

8
colonial masters. They learnt the way their colonial masters appropriated the resources for their
own personal benefits. They also started doing the same way. Again the state was in hands of
those people who were unaccountable. It created an unjust environment and lead to oppression
and subjugation of other people. Independence of these nations give losers and winners. Winners
were those handful of elites and losers were those who were of the same status under the colonial
era. They didn’t feel freedom after getting independence also.12

Case of Afghanistan and Syria

These states have not failed because of their colonial masters but due to the war of ideological
supremacy between two superpowers of the time USA and erstwhile USSR (Present day Russia).
These states became the battleground for both USA and USSR to show their supremacy. If one
of them supported the government of that time then other supported a rebel group which created
an armed conflict in the state. The whole state turned into a warzone. Civilians were killed in
their conflict. The rebel groups now became terrorist outfits and became a transnational threat.
The ideological war between these two nation when came to an end in 1991 another war started
between the whole world and terrorism.

These states are the most affected by different terrorist outfits. These nations have become a
nation of war debris. Civilians are going out of the country and seeking refuge in some other
nations. These terrorist outfits have become not only a threat to their nation but to the whole
world.

Qatar
It is facing an issue of isolationism. Saudi Arabia and its gulf allies have blamed it for supporting
Iranian interest and encouraging wider revolutionary activities in the region and also supporting
Egypt’s deposed Mohammad Morsi and Muslim Brotherhood. After coming of Trump as US
president, Saudi has gained a support from Trump administration which has created a problem
for Qatar. So far much implications are not visible but this gulf blockade doesn’t seem to end in
a peaceful manner. It will have a far reaching implications on Qatar.13

12
Ibid
13
Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.

9
Yemen
Whole of the middle-east region is disturbed due to a second cold war which has been started
between Saudi Arabia and Iran. All other countries have become battlegrounds for showcase of
supremacy of these two nations. Yemen has also become one such battleground. There is a great
humanitarian crisis going on there. More than 10,000 people killed and tens of thousands
wounded, 7 million people homeless, half a million people sick with cholera, 2,000 of whom
have died of it. Less than half of the humanitarian aid required to keep people alive has reached
it so far and seems no one cares about ending the war.14

After the deposition of the former president Ali Abdallah Salah, there was a chance for
restoration of democracy and bringing good governance in the country. But tribal disputes did
not left Yemen into peace and an internal strife began which is going on till date. And all of these
gave a chance to begin proxy warfare to Iran and Saudi Arabia.15

Somalia
It is a state which is divided on the grounds of ethnicity, culture, religion, language and history.
It was also divided geographically when they were under different colonial masters Italy and
British. It was amalgamated in year 1960 as the Somali Republic but European model
government only sustained till 1969 which was overthrown by a military coup lead by Genearal
Siyad Barre. Coming of a non democratic govt. reflects what is going to be next. The Ogaden
war under Siyad’s regime in 1977 began the collapse of Somalia as a state. Erstwhile Soviet
Union supporting Ethiopia in this war brought United States of America in the picture. The Cold
War politics began here, USA supporting the military regime of Somalia and Soviet Union
supporting Ethiopia caused massive displacement and due to the defeat Somalian regime started
facing disintegration which paved the way for clan disputes and military groups based on clans.

All these became reasons of the failure of Somalia as a failed state. During 1990s warlords came
up, they were associated to clans, and used the strife as their market and did a good business. A
big humanitarian crisis which is going on today began then. There were military interventions by
US and UN which became failure and also resulted in civilian casualties in the region. When

14
“Not a Failed State, a Dying One: Yemen Has Only One Hope Left” By Zvi Bar’el, Haaretz, www.haaretz.com,
Last accessed on 6 August 2018.
15
“Is Yemen becoming a failed state?”, Middle East Policy Council, www.mepc.org, Last accessed on 6 August
2018.

10
things started stabilizing during 2000s under Islamic Courts Union, Ethiopia invaded Somalia
with support from US in December 2006.

Indicators of a Failed State

There are currently 12 indicators which are considered as the most important factors to study the
failure of states. According to the Fragile States Index there are 11 indicators under which
countries are ranked on their performance towards these indicators.16 The indicators under
Fragile States Index are:

i) Security Apparatus

It considers security threats such as bombings, attacks and battle related deaths, rebel
movements, mutinies, coups, or terrorism. It also takes into account serious criminal factors,
such as organized crime and homicides, and perceived trust of citizens in domestic security. In
some instances, the security apparatus may extend beyond traditional military or police forces to
include state-sponsored or state-supported private militias that terrorize political opponents,
suspected “enemies,” or civilians seen to be sympathetic to the opposition.17

ii) Factionalized Elites

It considers the fragmentation of state institutions along ethnic, class, clan, racial or religious
lines, as well as brinksmanship and gridlock between ruling elites. It also considers the rhetoric
used by the politicians during the election or in general. Polarizing the masses in their favor by
raising the flag of nationalism and imposing fake nationalism amongst the masses for creating a
divide. It also considers the faction created by the political elites in the name of religion and
trying to appease their communities and hitting the hearts of the masses in the name of their
ethnicity like Hindu Rashtra in India,18 Adolf Hitler’s act of ethnic cleansing of Jews. These are
some factors under this indicator.19

16
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
17
Ibid
18
March of Hindu Rashtra, by VENKITESH RAMAKRISHNAN, July 21, 2017, Frontline, www.frontline.in, Last
accessed on 9th Aug. 2018.
19
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.

11
 iii) Group Grievance

It focuses on the division of groups in the society – particularly on caste and communal basis. It
considers their access to resources and inclusion in the political process. The backward and
marginalized sections of the society must get their fair share in the political process, services and
resources. These groups have faced backlash in the past. They are suppressed from a very long
time. They must be uplifted and it is the state’s responsibility to provide them fair chance to
come to the level of a normal citizen of the State.20 India is a great reference to understand this
indicator. India has seen a great caste basis suppression but the Indian state has provided its
citizen with many opportunities to uplift them like providing reservation to such classes. This
kind of step should always be promoted to uplift a state.21

iv) Economic Decline

It considers factors related to economic decline within a country. For example, the indicator
looks at patterns of progressive economic decline of the society as a whole as measured by per
capita income, Gross National Product, unemployment rates, inflation, productivity, debt,
poverty levels, or business failures. It also takes into account sudden drops in commodity prices,
trade revenue, or foreign investment, and any collapse or devaluation of the national currency. It
also considers the responses towards these changes and how does it impact the society as a whole
and in groups too.22

v) Uneven Development

It considers the economic disparity which is created in a state due to the policies of the
government. It considers the inclusive growth of an economy. There should be an equal
opportunity of growth for all the sectors of the economy. A farmer should also grow at the rate at
which a businessman grows its empire. Mostly the government policies affect this indicator. The
governments which are capitalistic in approach, their economies may flourish as a whole but
there is no inclusive growth.23 It can be extracted in a way that almost 82% of the global wealth

20
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
21
Reservation or Affirmative Action? – The Hindu, 22 March 2012, www.thehindu.com, Last accessed on 8th Aug.
2018
22
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
23
Ibid

12
created in last year went to the 1% population of the world24 and in case of India 73% of the
wealth created went to the 1% population.25 A state should endeavor to bridge the economic gap
amongst its citizens.

vi) Human Flight and Brain Drain

It has a huge impact on the overall development and growth of the nation. There are two section
of the society which emigrate to foreign countries. In the first group comes the middle class
population which leaves the home nation in better opportunities and education because there is
lack of opportunities and incentives to grow their skill and in case of entrepreneurs, to get better
incentives to flourish their ambitions. Other group which emigrate is the group which fears
repression and persecution and are forced to leave sometimes. This causes a big loss to the nation
in terms of losing skilled professionals which are doing great in some other country and their
home nation didn’t make use of their skills.26

vii) State Legitimacy

It considers the openness and accountability of the government. It takes into the account the
transparency of the government towards its citizens. It actually takes into the consideration
basically the democratic norms which a state must follow. Elections should be done in a free and
fair manner, everyone has a right to vote irrespective of which section of the society they belong
to. The role of opposition is also considered under this indicator, whether demonstrations are
happening or not. Is there any corruption on the part of the government officials. The
government should have the confidence of the population. The state should be free from
politically motivated assassinations and killings. This indicators actually highlights the basics of
a democratic state.27

24
Reward Work Not Wealth- Report by Oxfam International, written by Diego Alejo Vázquez Pimentel, Iñigo
Macías Aymar and Max Lawson. www.oxfam.org
25
Article stating “Richest 1 percent bagged 73 percent of wealth created last year - poorest half of India got 1
percent, says Oxfam India” – www.oxfamindia.org
26
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
27
Ibid

13
 viii) Public Services

It considers whether a state has all the basic facilities or not which all the citizen requires. It is
the first and foremost responsibility of a state to provide basic amenities to its citizens like proper
education, good health facilities, sanitation, good modes of transportation etc. A state should no
go for big infrastructure projects first rather they should focus whether the citizens have basic
amenities or not.28

ix) Human Rights and Rule of Law

It considers the relationship between a state and its population in relation to whether the
fundamental rights are protected or not. There should be no infringement of rights of the
individuals either by state or group or individuals. There should be free media. Judiciary should
be left independent. There should be equal opportunities provided to the under trials. The state
should not protect a certain group or support it if it infringes the fundamental rights of other
citizens.29 Mob lynching is a new trend which has started in India which grossly neglects the
fundamental rights of human being.30 There should be freedom of expression to groups and
individuals. This indicator consider all the pillars to establish a good democracy.

x) Demographic Pressures

It considers the pressure on a state created by the increasing population and environmental
degradation. Bigger the population a state have bigger the problems are. Due to huge population
it becomes difficult for the state to sustain the needs and demands of the population which inn
return creates problem of unemployment, overcrowded schools and hospitals. It also creates a
huge impact on the environment which in return affects them. The state becomes helpless in
these situations. It causes problems like high infant mortality rate, low survival age, etc.31

28
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
29
Ibid.
30
The Mob that Hates – Indian Express, 19 Jul. 2018, www.indianexpress.com, Last accessed on 8th Aug. 2018.
31
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.

14
 xi) Refugees and Internally Displaced Persons

It considers the influx of refugees which happens due to the condition in different countries and
it talks about the people which migrate from one region to another within the country. Refugees
creates a big burden on a state which is facing difficulty in managing its own population and now
it is overloaded with another burden. These creates a huge social and economic impact on a state.
People who displace from one state to another within a country is because lack of opportunities
in their state and which in return causes burden on other state. Overall it stagnates the growth of
a nation.32

xii) External Intervention

It considers the influence and impact of external actors in the functioning – particularly security
and economic – of a state. On the one hand, External Intervention focuses on security aspects of
engagement from external actors, both covert and overt, in the internal affairs of a state by
governments, armies, intelligence services, identity groups, or other entities that may affect the
balance of power (or resolution of a conflict) within a state. Like in the case of Jammu and
Kashmir in India (Intervention of Pakistan). On the other hand, External Intervention also
focuses on economic engagement by outside actors, including multilateral organizations, through
large-scale loans, development projects, or foreign aid, such as ongoing budget support, control
of finances, or management of the state’s economic policy, creating economic dependency.
External Intervention also takes into account humanitarian intervention, such as the deployment
of an international peacekeeping mission.33

Implications of a Failed State

Failed States can result in serious international relations scandals as they forfeit or lose their
capacity to enter into binding international legal relations and to fulfill its obligations.
Consequently, diplomatic law, State representation in international forums, judicial competence,
treaty making powers, State property abroad, compliance with international obligations and
attribution are put into serious threat by failed State discourse. There is, therefore, a complicated
question on whether the rules of International law will still be applicable in the failed State.

32
2018 Fragile State Index, Fund For Peace, www.fundforpeace.org, Last accessed on 24 Jul. 18.
33
Ibid.

15
When State institutions collapse totally, the concerned State cannot comply with its international
obligations and the longer the failure or the more prolonged the collapse, the more absolute the
impossibility to comply with international obligations ranging from treaties in general and or any
other obligations that the State is expected to honor.34

Failed States also result in intractable wars due to the proliferation of small arms, trafficking and
smuggling at the borders. Weak and failing States are more vulnerable to all forms of smuggling,
including trafficking of small arms and light weapons through porous borders, and this is also a
demonstrable source of regional insecurity. In 1990s weapons were claimed to have flowed
across borders in the Balkans, between Afghanistan and Pakistan for years. Such porous borders
have fuelled and facilitated insurgency and escalation of violence against innocent civilians. This
is also made worse by war economies harbored by failed States, as ninety percent of global
production of hard drugs is from conflict countries. Evidently, in Colombia ranked (number 34)
and Afghanistan (number 2) an overwhelming proportion of cocaine and heroin is said to be
originating, and that are classified as failing states by the Index of State Weakness in the
Developing World at (number 34) and (number 2) respectively. The production is arguably
facilitated by the absence of government control in the vast areas of these countries. More so, the
problem of piracy comes in as a result of failed States, as pirates take advantage of the failed
state to prey on international business. To add on, lawless Somalia provides a common case,
where pirates are attacking European ships in the Indian Ocean, thereby bringing international
business to disruption.35

The absence of legal capacity of a failed state to prosecute abuses of human rights is also worth
noting. This affects international law as a failed State has a least effective government, which is
one of the conditions for legal existence and recognition of a State and the question to be
answered by International law will be; whether a failed State continues to qualify as a State or
legal entity? Will there be any meaningful existence of State to enforce protection of human
rights, especially the Civil and Political rights of individuals within a state?

34
FAILED STATE DISCOURSE UNDER INTERNATIONAL LAW: THE PLACE, ATTRIBUTES AND
IMPLICATIONS Brian Dube and Proceed Manatsa, Cowen Dziva, International Journal of Politics and Good
Governance Volume 4, No. 4.4 Quarter IV 2013 ISSN: 0976 – 1195.
http://www.onlineresearchjournals.com/ijopagg/index.php , Last accessed on 6 August 2018.
35
Failed States, Collapsed States, Weak States: Causes and Indicators ROBERT I. ROTBERG.

16
Conclusion
Failure of a state is a failure of all the institutions of the government. There can be many reasons
like of cultural, economic, political. A state loses its recognition as a legal entity in the
international legal order. Those states which were not able to manage the differences present in
their country failed. Those states which got independence by their colonial masters and were
again colonized by the political elites of their state also got fail. Many of the states fell prey into
the hands of big superpowers after the World War II. They became the battlefield for battle of
supremacy. They were left with no resources post this war. More serious problems got born in
these states. Terrorism was the biggest problem and remains the same today. Many of the states
are worsening in the present times also like Qatar, Spain, Venezuela etc.

These states can only be uplifted by a serious effort from the United Nations. But UN is also just
like a puppet in the hands of US. Wherever US feels it is beneficial for its development to
intervene, it goes there in the name of United Nations. It should not be an effort of United States
representing United Nations but United Nations supported from the International Community.
There should be military interventions to cure the problem of terrorism. They should be provided
with economic incentives and help in forming a State plan about how to govern.

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Bibliography

Books

 Failed States – Abuse of Power and the Assault on Democracy, By Noam Chomsky, 1st
Edition, 2006, Published by Metropolitan Books.

Articles
 FAILED STATE DISCOURSE UNDER INTERNATIONAL LAW: THE PLACE,
ATTRIBUTES AND IMPLICATIONS Brian Dube and Proceed Manatsa, Cowen Dziva,
International Journal of Politics and Good Governance Volume 4, No. 4.4 Quarter IV
2013 ISSN: 0976 – 1195.
 Failed States, Collapsed States, Weak States: Causes and Indicators ROBERT I.
ROTBERG. Last Read on 6 August 2018.
 Fragile State Index, Fund For Peace, www.fundforpeace.org. Last accessed on 6 August
2018.
 Democratization, Failed States, and Peace Operations: THE CHALLENGE OF
UNGOVERNABILITY by Robert H. Dorff. Last Read on 6 August 2018.
 What are the Political Causes of Failed States in Sub-Saharan Africa? By Alberto
Pecoraro. Last Read on 6 August 2018.
 What is a State, Global Policy Forum. www.globalpolicyforum.org, Last accessed on 6
August 2018.
 A Definition of the State, Chandran Kukathas, Department of Government, London
School of Economics, Presented at a conference on ‘Dominations and Powers: The
Nature of the State’, University of Wisconsin, Madison. March 29 2008,
http://philosophy.wisc.edu/ , Last accessed on 6 August 2018.

References
 www.e-ir.info, Last accessed on 24 Jul. 18.
 www.fundforpeace.org, Last accessed on 30 July 2018.
 www.globalpolicyforum.org, Last accessed on 6 August 2018.
 http://philosophy.wisc.edu/, Last accessed on 6 August 2018.
 www.frontline.in, Last accessed on 8th Aug. 2018.
 www.thehindu.com, Last accessed on 8th Aug. 2018.
 www.theindianexpress.com, Last accessed on 8th Aug. 2018.
 www.haaretz.com, Last accessed on 6 August 2018.
 www.mepc.org, Last accessed on 6 August 2018.

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