Even in the context of a relatively flourishing state, fragility can be an enduring feature of a political system, particularly in the case of recently established or unrecognised states. This article examines the nature of statebuilding in a specific context to question the assumption that forms of hybrid governance or pre-existing forms of governance are a necessary evil be tolerated but which needs ultimately to be overcome during statebuilding. It does this by adopting the language of resilience and focusing on the case of Somaliland to highlight the role of clan governance as a mechanism of political resilience and as a means of promoting the flexibility required for statebuilding. Yet, at the same time, the process of statebuilding often involves formalising governance and limiting the role of traditional social-political forms of governance such as clans, ignoring their role in legitimating and stabilizing the political system. However, as this article argues, stability and fragility are inextricably linked; while the clan system has been an important force in stabilizing the state, it has also become a pressure point for the state's latent fragility. By contextualising fragility and stability within the language of resilience, though, this symbiotic relationship can be better analysed.
Sixty years of liberal development engagements with African states has had a significant impact upon socio-political relationships and expectations within the state. Societal expectations for the liberalisation of economic-political space are evident within many African states, shaped through forms of normative intervention and liberal conditioning. However, with a rise of Chinese intervention in the African state, primarily through relationships centred on economic exchanges between China and African elites, the pressure for political change is being removed. This hegemonic shift not only changes who is influencing the African state, but also what is influencing as a normative shift is concurrently taking place. If societal expectations of liberalisation are no longer supported by external pressures for change, what impact will this have on socio-political relationships within African states? This article questions the impact of a normative shift, or a potential normative shift, within development interactions and transactions, arguing that the removal of direct external liberal demands will raise socio-political tensions, and thus threaten stability, within African states engaged in Chinese development interactions.
With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, which was either based in part or mimics the Utah Act. However, many provisions of the Utah Act are vague, ambiguous or insufficient to the point that the Act creates doubts as to the law's effectiveness. Ten provisions of the Utah Act diminish the precision and the effectiveness of the statute's ability to regulate certification authorities and to provide adequate guidance and protection for recipients and senders of electronic transmissions. These areas of the statute relate to: the record-keeping system; the requirements for licensing of certification authorities; criminal convictions prohibiting the licensing of a certification authority; the recommended reliance limits; the suitable guaranty; residency requirements for certification authorities; limited liability for certification authorities; the evidentiary presumption of digital signatures; and the reasonable care standard for private key holders. While the Utah Act purports to facilitate commerce through reliable messages, the failure to consider the practical application and implications of these ten provisions places the statute in the unintended position of fostering uncertainties that generate more confusion as to how digital and electronic signature legislation work together. In certain areas, comparing and contrasting the certification authorities to the notary publics, evaluating public policy concerns or examining long-term effects on the perception of digital signatures clearly illustrates Utah's failure to consider many legal and policy issues. The suggestions are a means of increasing the precision of the Utah Act and to allow the statute to resolve uncertainties instead of creating them. Furthermore, by calling attention to the weaknesses of the Utah Act, the author hopes that the states using the Utah Act as a model statute will act accordingly to correct these problems. In essence, without implementing the author's suggested changes, the Utah Act remains confusing, vague and insufficient to address the needs of verification of electronic transmissions in cyberspace. Effective practice and regulation of certification authorities are possible, but the deficiencies of Utah Act must first receive significant attention.
With the current reliance on virtual transactions, the actual source and the authenticity of electronic transmissions must be determined. In realizing this need, Utah was the first state to pass legislation regarding the verification of electronic communications. In 1995, the legislature passed the Utah Digital Signature Act (the "Utah Act"), which mandates the creation of certification authorities - cybernotaries. In addition, the Division of Corporation and Commercial Code would administer rules to facilitate the implementation of the Utah Act. Since the codification of the Utah Act, over 35 states and jurisdictions implemented some form of digital or electronic signature legislation, which was either based in part or mimics the Utah Act. However, many provisions of the Utah Act are vague, ambiguous or insufficient to the point that the Act creates doubts as to the law's effectiveness. Ten provisions of the Utah Act diminish the precision and the effectiveness of the statute's ability to regulate certification authorities and to provide adequate guidance and protection for recipients and senders of electronic transmissions. These areas of the statute relate to: the record-keeping system; the requirements for licensing of certification authorities; criminal convictions prohibiting the licensing of a certification authority; the recommended reliance limits; the suitable guaranty; residency requirements for certification authorities; limited liability for certification authorities; the evidentiary presumption of digital signatures; and the reasonable care standard for private key holders. While the Utah Act purports to facilitate commerce through reliable messages, the failure to consider the practical application and implications of these ten provisions places the statute in the unintended position of fostering uncertainties that generate more confusion as to how digital and electronic signature legislation work together. In certain areas, comparing and contrasting the certification authorities to the notary publics, evaluating public policy concerns or examining long-term effects on the perception of digital signatures clearly illustrates Utah's failure to consider many legal and policy issues. The suggestions are a means of increasing the precision of the Utah Act and to allow the statute to resolve uncertainties instead of creating them. Furthermore, by calling attention to the weaknesses of the Utah Act, the author hopes that the states using the Utah Act as a model statute will act accordingly to correct these problems. In essence, without implementing the author's suggested changes, the Utah Act remains confusing, vague and insufficient to address the needs of verification of electronic transmissions in cyberspace. Effective practice and regulation of certification authorities are possible, but the deficiencies of Utah Act must first receive significant attention.
