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42 Wis. Int'l L.J. 1 (2025)

handle is hein.journals/wisint42 and id is 1 raw text is: UNDEVELOPED DOCTRINE IMPACTING GLOBAL GOVERNANCE: THE TALIBAN & EXTRACONSTITUTIONAL TRANSITION DOCTRINE KASIM RANA* ABSTRACT A fundamental question in any legal system is to whom rights and duties are afforded under the law. In the international legal system, states have rights and duties under international law. However, a state cannot function without a government to exercise its rights and duties. Therefore, determining whether a government is legal-meaning that it has the legal authority to exercise the rights and duties of the state-is critical. In most cases, questions of a government's legality are not a concern. However, in cases of extraconstitutional government transitions, the current doctrine is ambiguous in determining the new government's legality. The ambiguity of the current extraconstitutional transition doctrine came to the forefront after the Taliban seized power and established a government in Afghanistan in August 2021. This Comment answers two questions: (1) What should the doctrinal framework be for assessing the legality of a government in an extraconstitutional transition situation? (2) How does the IEA in Afghanistan meet this Comment's two proposed elements?' J.D. Candidate 2025, University of Wisconsin Law School, Editor in Chief of the Wisconsin International Law Journal 2024-25. I dedicate this Comment to my brother Saim Rana: I am very proud of you, and I am excited to see all that you will achieve. I could not have completed this work without the support of my parents Vicki and Imran Rana: thank you both for gifting me such amazing opportunities. Finally, I would like to thank Maura Warnecke: you are my world, and I could not have done this without you. This Comment does not condone the acts of the Taliban nor the IEA. This Comment proposes and applies international legal doctrine to a complex and evolving situation. The Taliban's takeover in Afghanistan is an unprecedented development in the modern international legal system. How the system adapts and responds to this situation will be analyzed for years to come and will serve as precedent for future post-extraconstitutional transition governments. This Comment is based on developments up to March 2024. https://doi.org/10.59015/wilj.IFNV9486

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