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"If the state remains a political organisation born at a certain stage of historical development, determined by an economic and political system, it has to adapt itself to the changing conditions of history and life"1 l Manfred Lachs INTRODUCTION Somalia has been without an effective government since January 1991 when the twenty-one year old dictatorial regime of General Mohamed Siad Barre was overthrown militarily by the combined forces of local opposition movements2. Since then the country has been entangled in a vicious power struggle among various political factions, which define themselves in terms of their clan and sub-clan affiliation. This situation has led to a virtual disappearance of the country's already feeble state structures, and to political, economic and social disruption and fragmentation. Since the state still constitutes the primary model of domestic and international public order, the prolonged failure of the Somali political leadership to re- establish effective central governmental authority and the inability of the international community to develop effective instruments to respond to the disintegration of state authority in the country, pose considerable challenges both to the Somali people and the international system. In fact, the Somali crisis exemplifies the challenges posed by the phenomenon
African Yearbook of International Law Online – Brill
Published: Jan 1, 1997
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