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2. How the Conflict Over Ukraine Affects Security in the South Caucasus
- Author:
- Nargiz Gafarova
- Publication Date:
- 08-2022
- Content Type:
- Journal Article
- Journal:
- Baku Dialogues
- Institution:
- ADA University
- Abstract:
- Against the background of the present stage of the conflict over Ukraine, the South Caucasus is experiencing perturbation. Three examples rise immediately to mind: elements of the 10 November 2020 tripartite between Armenia, Azerbaijan, and Russia that ended the Second Karabakh War statement (and the arrangements that have derived from it) are being suboptimally implemented; the leaders of Georgia’s breakaway region of South Ossetia continue to hold out the possibility to conduct a referendum on “unification” with Russia; and the uncertain outcome of the talks in Vienna to revive the Iran nuclear deal. Such and similar examples have led all three South Caucasus states (Armenia, Azerbaijan, and Georgia) to pursue variants of a policy some call “neutrality” and others “hedging” between the parties to the conflict over Ukraine. Located at the intersection of Europe, Russia, and the Greater Middle East—and thus constituting the western part of the Silk Road region, as defined by the Editorial Statement of Baku Dialogues—the South Caucasus is one of the most important and, at the same time, one of the most potentially explosive areas bordering the West. Over the past several decades, developments within all three South Caucasus states have contributed to a general sense of insecurity within the region. These include, most obviously, ethno‑political conflicts, civil wars, and color revolutions; the lackluster development of Western‑style governance institutions; and the widely‑held perception of ongoing high levels of corruption. Even the potentially positive strategic consequences of the outcome of the Second Karabakh War—namely, the prospect for the normalization of two sets of bilateral relationships (Armenia‑Azerbaijan and Armenia‑Türkiye) and the unblocking of all economic and transport connections in the region—have been overshadowed by the ongoing restructuring of world order, manifested by the increase of geopolitical volatility and ambiguity due to the major escalation of the conflict over Ukraine whose present phase began on 24 February 2022. The effects of the Western‑led sanctions and export restrictions regime against Russia have spilled over into the South Caucasus— notwithstanding the fact that none of the region’s states have formally aligned themselves with them. This essay provides an overview of the reverberations of the conflict over Ukraine towards the South Caucasus, with a focus on its impact on the region’s political, economic, and security environment.
- Topic:
- Security, Military Strategy, Governance, and Regionalism
- Political Geography:
- Europe, Caucasus, and Asia
3. “Strong, but Anxious State”: The Fantasmatic Narratives on Ontological Insecurity and Anxiety in Turkey
- Author:
- Umut Can Adisonmez and Recep Onursal
- Publication Date:
- 04-2022
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- International Relations Council of Turkey (UİK-IRCT)
- Abstract:
- The political discourse on the problem of state survival in Turkey is hegemonic. What is central to this discourse is Sévresphobia: the idea that Turkey is surrounded by internal and external enemies who are ready to destroy it. This article aims to explain why the political discourse on the problem of state survival in Turkey sustains itself over time and how it captures the collective mode of being. The article argues that fantasmatic narratives play an important role in maintaining the hegemonic discourse and governing collective anxiety. First, fantasmatic narratives simplify the socio-political space by offering a comforting explanation for the ongoing insecurities and making anxiety tolerable. Second, they act as an ideological force by keeping the political dimension of the discourse on ontological security at bay. Drawing on the Post-foundational Theory of Discourse (PTD) and Ontological Security Theory (OST), the article problematizes and analyzes the political discourse on the problem of state survival in Turkey.
- Topic:
- Security, Governance, Hegemony, and Fear
- Political Geography:
- Europe, Turkey, and Asia
4. The Impact of Corporate Governance And Its Consequences On Protecting The Bank's Assets: Empirical Evidence From Kosovo Banks
- Author:
- Esat A. Durguti and Emine Q. Gashi
- Publication Date:
- 02-2022
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- This study aims to analyze the relationships between corporate governance instruments on the wealth of financial intermediaries in wide-ranging. The data employed in this study are secondary data from nine (9) commercial banks and covered the years 2013-2020. The approach used in data processing is a 2SLS estimation and multilevel mixed-effects for the dependent variable natural logarithm of total assets. The results provided by the econometric analysis show that board size, sovereign committees, Net Interest Margin (NIM), Non-Performing Loans (NPL’s), and equity to liabilities have an important impact on the protection of the assets of financial institutions. While surprising results have been generated in the composition of the board structure in terms of gender diversity, they have turned out to be insignificant. The originality and value of this study lie in the approach of including the characteristics of the board, as well as the combination of some financial indicators different from previous studies, which makes more comprehensive the study of the impact of board composition on increasing the wealth of banks.
- Topic:
- Governance, Finance, Banks, and Corporate Governance
- Political Geography:
- Europe, Kosovo, and Serbia
5. French Immigration Policy During the COVID-19 Pandemic
- Author:
- Yao Xuedan
- Publication Date:
- 06-2022
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Abstract:
- Following the start of the European refugee crisis in 2015, France had to modify its immigration and asylum policies. However, France faced two main issues resulting from the pandemic: pandemic control and refugee management. This article examined the reform and adjustment of France's immigration and refugee asylum policies before and after the pandemic outbreak. It concluded that the pandemic had aggravated the problems of refugee management in France. At the same time, refugees in France were in a difficult situation. The French government had imposed restrictions on entry and exit, leaving many refugees stranded in France, unable to return home. Moreover, the high sanitary conditions of accommodation due to the pandemic led to the fact that the health of many refugees could not be guaranteed. Therefore, the French government should enhance the guarantee of a healthy environment for refugees, which is also beneficial to the social management of France.
- Topic:
- Governance, Refugee Crisis, Borders, and Immigration Policy
- Political Geography:
- Europe and France
6. European Security Management at the National Level. A Comparative Analysis of Strategies for the Development of Defence Capability in the United Kingdom and Poland
- Author:
- Joanna Iwancz and Bartłomiej H. Toszek
- Publication Date:
- 03-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The article presents the positions of the UK and Polish governments on the importance of European security management as a factor influencing and shaping the defence doctrine in both states. Building on the systemic nature of European security, security management concepts, as defined in UK and Poland’s strategies for developing defence capabilities, have been examined using a system analysis. The assessment of the issue from the perspective of the UK and Polish governments is based on a decision-making analysis, while differences in the approach to European security are demonstrated through a comparative method. The authors have shown that the actual perception of European security as part of the global order is a factor determining the current involvement of the UK Government in the process of security management. However, the Polish government has shown interest in similar actions only to the extent these are convergent with national security.
- Topic:
- Security, Defense Policy, Military Strategy, and Governance
- Political Geography:
- United Kingdom, Europe, and Poland
7. Ancillary Units as a Tool of Sublocal Governance in the Polish Major Cities
- Author:
- Malgorzata Madej
- Publication Date:
- 03-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- After the post-communist transition, decentralisation and subsidiarity have become one of Poland's major principles of political organisation. Moreover, especially the original 1990 reform and establishment of self-governing communes are regarded as a success story, not only in improving the quality of governance and public service provision but also in the civil society and citizen participation, as evidenced by the development of modern urban movements. The article explores legal possibilities for further decentralisation of municipalities, analysing the role of ancillary units in regional capitals. Ancillary units in Poland have developed differently in the countryside and urban communes. Relying on publicly available information and data provided by the respective municipal offices, the article describes the ancillary units' statutory role, competencies, and actual activities. The findings enable the assessment of the application of the sublocal decentralisation solution in Polish cities and the identification of its benefits and shortcomings.
- Topic:
- Civil Society, Governance, Urban, Local, and Post-Soviet Space
- Political Geography:
- Europe and Poland
8. Forms of the Government Administration’s Impact on the Activities of Local Governments During the COVID-19 Pandemic
- Author:
- Maciej Serowaniec and Piotr Paczka
- Publication Date:
- 03-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The primary burden of tackling the pandemic COVID-19 lies with the state as the entity responsible for protecting the health and life of its citizens. Hence, it can be argued that the focus of the pandemic-induced changes to the Polish legal order was on administrative law, which not only sets out the principles of the functioning of the State as the executive power but also governs the relations between the government, local government and citizens, which had to be significantly modified during the pandemic. It would be impossible to analyse and discuss all the emergency measures that appeared in Poland’s administrative law due to the threats posed by the pandemic. The subject matter of the present study is the analysis of the legal solutions adopted in the Republic of Poland in the sphere of public law in connection with the spread of the virus and particular provisions shaping relationships between the two basic structural branches of Polish public administration, viz. the government administration and the local-government administration. The following part of this study will accordingly be devoted to the analysis of the legislative solution contained in Article 11h of the COVID-19 Act, establishing a legal framework for issuing binding instructions to, among others, the various bodies of local governments, local-government legal persons and local-government organisational entities without legal personality.
- Topic:
- Governance, Leadership, Local, Pandemic, and COVID-19
- Political Geography:
- Europe and Poland
9. The Europeanisation of the Local Self-Government in the South Caucasus
- Author:
- Rafal Czachor
- Publication Date:
- 06-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The following paper employs a normative approach and focuses on the problem of the current state of the local self-government in the South Caucasus countries: Georgia, Armenia, and Azerbaijan. Since all these countries are members of the Council of Europe, a reference point for decentralisation is the European Charter of Local Self-Government. The paper's main thesis is that despite showing some similarities, the countries have introduced different models of decentralisation that do not fully meet the Council of Europe’s criteria. Such variation is in line with the different political systems of these states and their level of democratisation. The more democratic the state is, the stronger the decentralisation it has adopted. Thus, decentralisation in Georgia follows the European model of public policy, while Azerbaijan is preserving the former Soviet model of weak self-government, with central authorities playing the leading role in public services. The current changes in Armenia’s model resemble the Georgian track of reforms. The findings of this paper may be applicable both in further theoretical research and in implementing reforms of local self-government in various post-Soviet states.
- Topic:
- Governance, Europeanization, Local, and Influence
- Political Geography:
- Europe, Caucasus, and South Caucasus
10. An Overview of Agricultural Support Policies in Turkey: A Comparative Regional Analysis
- Author:
- Hakan Uslu
- Publication Date:
- 12-2021
- Content Type:
- Journal Article
- Journal:
- The Rest: Journal of Politics and Development
- Institution:
- Centre for Strategic Research and Analysis (CESRAN)
- Abstract:
- The agricultural sector is seriously affected by changes in many economic, social, or environmental factors. Hence, the necessity of supporting the sector by governments in various ways has become an indisputable reality. However, regional characteristics must be taken into account in order for these supports to reach their goals. Using a dataset spanning from 2002 to 2020, the current study comparatively analyses the changes in the agricultural support and agricultural production, income, and the value of products in two agricultural regions of Turkey, Central Anatolia and Southeast Anatolia regions. The results highlight that the increase in agricultural income is very low in both regions compared to the substantial changes in agricultural support policies. Additionally, the increase in the values of agricultural products in both regions is much higher than the increase in agricultural income, suggesting that the costs in agricultural activities are too high in the analysed regions.
- Topic:
- Agriculture, Economics, Environment, Governance, and Rural
- Political Geography:
- Europe, Turkey, and Asia
11. Parliamentary Parties and the Anti-Abortion Laws in Poland (1991–2019)
- Author:
- Krzysztof Kowalczyk
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This article aims to analyze the approach of Polish parliamentary parties to the anti-abortion legislation in 1991-2019 on the level of their ideological programmes. Classification of political parties concerning their ideological families has been proposed. Next, the article presents a typology based on the party’s attitude to the discussed problem, distinguishing the following categories of parties: the proponents of apportioning, the opponents of abortion, heterogeneous parties, and parties that do not express an opinion on this issue.
- Topic:
- Gender Issues, Governance, Legislation, Parliamentarism, and Abortion
- Political Geography:
- Europe and Poland
12. The Round Table in 1989 – Consequences and Evaluation
- Author:
- Wojciech Polak and Sylwia Galij-Skarbinska
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The agreement of the round table signed on April 5, 1989, resulted in the creation of the government of Tadeusz Mazowiecki (September 12, 1989) and the end of communist rule in Poland. However, it should be pointed out that the agreement of the round table is currently often criticized. It is claimed, among other things, that the agreement was a form of “unification of the elite” (the term Jack Kuroń) to obtain financial and political benefits. As a result, the mixed communist-solidarity elite has taken over power in the country, guided solely by their own interests. It is also stressed that the contract has enabled the Communists to retain enormous influence in the special services, state administration, various institutions, the economy, and finance. On the other hand, these irregularities have been attributed to the solidarity elites who consider the round table agreements to be persistent. Other parts of the solidarity elite treated the round table exclusively as tactical action to take power away from the Communists.
- Topic:
- Diplomacy, Governance, Elections, Democracy, and Constitution
- Political Geography:
- Europe and Poland
13. Dispute over the Powers of the President of the Czech Republic
- Author:
- Marcin Czyżniewski
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This article aims to analyze disputes and discussions on the powers of the President of the Republic, which have been happening since the establishment of the Czech Republic in 1993. These occurred when the President tried to interpret the provisions of the Constitution, took actions beyond their framework, or considered that his powers did not impose an obligation to act automatically. The disputes over the President’s powers were, therefore, not the result of theoretical discussions on the constitutional order of the Czech Republic, but were the result of the President’s involvement in the political life of the country, and above all, the decisions that did not correspond to the opinions and actions of the government. Disputes did not have an impact on a permanent change in the constitutional order. For example, there was no reason for an amendment to the Constitution that would extend, restrict, or clarify those powers.
- Topic:
- Politics, Governance, Constitution, Leadership, and Executive Power
- Political Geography:
- Europe and Czech Republic
14. Conciliatory and Conflictual Ethnopolitical Concepts in the Republics of the Russian Federation: Tatarstan and Chechnya
- Author:
- Andrzej Wieberzbicki and Sylwia Gorlicka
- Publication Date:
- 01-2021
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- Russia is a state with a multi-ethnic federal structure inherited from the USSR. Implementing an ethnic policy that would unite and integrate its citizens is one of its most important goals. Among Russia’s federal subjects are also national republics pursuing their own ethno-political concepts, either conciliatory or conflictual. Tatarstan and Chechnya are examples of such republics. With the use of the comparative method, the article is an attempt at demonstrating many factors that have an impact on the shaping and implementing of the ethnic policy through such criteria as the status of the republics, the concept of the nation, and ethnocentrism, historical memory, the role of Islam and its politicization, and the language policy. The article also outlines their consequences and possible future scenarios.
- Topic:
- Politics, Governance, Ethnography, and Federalism
- Political Geography:
- Russia and Europe
15. Towards a New Normalcy?
- Author:
- Robert Cox
- Publication Date:
- 11-2021
- Content Type:
- Journal Article
- Journal:
- American Diplomacy
- Institution:
- American Diplomacy
- Abstract:
- Editor’s Note: American Diplomacy Journal asked several foreign policy commentators to address the significance of growing chaos in many parts of the world, as failed and failing states are increasingly unable to perform the fundamental functions of the sovereign nation-state. This is one of five articles looking at those concerns. “The current coronavirus crisis emphasizes the need for the European Union to devote more effort to anticipatory governance, notably through analysis of medium- and long-term global trends, as well as structured contingency planning and the stress-testing of existing and future policies.” – European Parliament study, April 2021 Europe is the spiritual home of anarchism. But it will argue that failed states are a third world phenomenon, while conveniently forgetting that such failure is often, or at least partly, a consequence of its colonial rule. Today’s European Union (EU) is not plagued by anarchy nor by outright failure. But its growth pains, and now the Covid pandemic, have sharpened its strains of governance. There are areas of Europe where anarchy and failure are real and the EU is either unwilling or unable to act in mitigation. A new US administration, seeking fresh partnership with Europe, has a vested interest in looking at what anarchy and failure might do to its European partners. This essay looks too at Europe’s immediate neighbourhood where state failure – and failed European response – are rife. Politics starts at home. So let’s first look at that. President Biden during his June tour of Europe will certainly have done so and wondered how politically solid, predictable and reliable the re-discovered European partners are.
- Topic:
- Diplomacy, Governance, European Union, and COVID-19
- Political Geography:
- Europe and United States of America
16. Russia and COVID-19: Russian Adaptive Authoritarianism During the Pandemic
- Author:
- Aram Terzyan
- Publication Date:
- 09-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- This paper explores Russia’s response to Covid-19, with a focus on its implications for political freedoms and human rights across the country. It investigates the relationship between the pandemic and reinforcing authoritarianism in Russia. This paper is an in-depth case analysis that uses policy analysis and process tracing to examine Russia’s response to Covid-19 and its effects on Russian domestic politics. The study concludes that the Russian authorities have considerably abused Covid-19-related restrictive measures, not least through curtailing the freedom of assembly and expression. In doing so the Russian authorities have conveniently shielded themselves from mass protests amid constitutional amendments and upcoming legislative elections. Nevertheless, while the authoritarian practices that the Kremlin resorted to during the pandemic are not much different from those of other authoritarian regimes, they proved insufficient in curbing anti-regime dissent. This study inquires into the political repercussions of crisis management in authoritarian regimes and concludes that their authoritarian reactions lead to further crackdowns on civil liberties and political freedoms.
- Topic:
- Governance, Authoritarianism, Leadership, Public Health, Pandemic, and COVID-19
- Political Geography:
- Russia and Europe
17. Ideological Interventions in the COVID-19 Health Crisis in Turkey By Power, Politics, and Religion
- Author:
- Bayram Balci and Sumbul Kaya
- Publication Date:
- 09-2021
- Content Type:
- Journal Article
- Journal:
- Turkish Policy Quarterly (TPQ)
- Institution:
- Turkish Policy Quarterly (TPQ)
- Abstract:
- This article aims at analyzing the various ideological interventions, prompted by the pandemic in Turkey, in the fields of power, politics, and religion. In a country and a context where politics and religion are closely connected, and a particular Turkish experience with few parallels in the Muslim world, our investigation will be two-fold: how to calculate the ongoing impact of Covid-19 on the Turkish political field, and secondly, how has the religious world reacted in backing up politics in its response to this crisis. We are seeking to understand the effects of the crisis on the established power, and on the orientations of national and international policy in the context of a health crisis. Lastly, we need to examine the role of religion in the management of the crisis
- Topic:
- Politics, Religion, Governance, Ideology, Public Health, and COVID-19
- Political Geography:
- Europe, Turkey, and Asia
18. Higher Capacity with Limited Competence, Regional Development Agencies in Unitary States: The Case of The Emilia-Romagna
- Author:
- Aziz Tuncer
- Publication Date:
- 05-2021
- Content Type:
- Journal Article
- Journal:
- Bilgi
- Institution:
- Sakarya University (SAU)
- Abstract:
- It is generally accepted that regional development policies and institutions in unitary states are shaped under potent influence of the centre without leaving any room for peculiar characteristics of the regions. As introduction of regional development policies preconditions devolution of some power to sub-national administrative tiers, central governments seek to strictly control the process and restraint the regional competencies. Region of Emilia-Romagna and ERVET confronted with the same difficulties and experienced a policy learning process during which they incrementally discovered various methods and instruments of policy to diminish the influence of the central constraints. Upon the analysis of ERVET, this article claims that the national government would not necessarily be the sole determinant of the regional development policies as generally accepted. If RDAs efficiently integrate political, cultural, social and economic particularities of the region into its administrative structures and policies and create a regional consensus upon their priorities, it would become more likely that they can play a remarkable role to exploit more power than central government allocated, and they can become rather influential in shaping regional development.
- Topic:
- Governance, Policymaking, and Regional Development
- Political Geography:
- Europe, Italy, and Emilia-Romagna
19. Protection or Interference? The Legitimacy of Contemporary Humanitarian Interventions and the Engagement of Nonhegemonic Powers
- Author:
- Daniel Campos de Carvalho
- Publication Date:
- 05-2020
- Content Type:
- Journal Article
- Journal:
- Contexto Internacional
- Institution:
- Institute of International Relations, Pontifical Catholic University of Rio de Janeiro
- Abstract:
- In this article, we use the notion of legitimacy to analyse shifts in global humanitarian interventions since the 1990s, culminating in the contested adoption of the Responsibility to Protect (R2P) framework under the United Nations umbrella in 2005. We assess how this important shift was disputed with narratives of protection and interference, and argue that the engagement of non- hegemonic actors (specifically Brazil and Russia) with the scope of humanitarian protection has influenced the substantive legitimacy of this global governance issue over the past three decades by creating a norm-making proce
- Topic:
- Human Rights, Governance, Humanitarian Intervention, and Legitimacy
- Political Geography:
- Russia, Europe, Brazil, and South America
20. Security vs. Human Dignity: The Migratory Crisis is Knocking on the Door of the Fortress ‘Europe’
- Author:
- Carlos Espaliú Berdud
- Publication Date:
- 05-2020
- Content Type:
- Journal Article
- Journal:
- Journal on International Security Studies (RESI)
- Institution:
- International Security Studies Group (GESI) at the University of Granada
- Abstract:
- In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
- Topic:
- Human Rights, Migration, Governance, European Union, and Refugees
- Political Geography:
- Europe
21. Model Changes of Polish Public Administration and Processes of Political and Structural Transformation
- Author:
- Agnieszka Lipska-Sondecka
- Publication Date:
- 01-2020
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The model transformations of Polish public administration after 1989 were the result of the necessary and inevitable consequence of events related to erosion and the collapse of the „real socialism” system. Its internal decomposition, as a result of social reality inadequacy, created a situation in which it was possible to undertake deep systemic reforms in Poland. Democratization of the government system in Poland was an extremely complex process generating numerous problems and showing the scale of adversity in all spheres of social life. All political and structural changes in Poland after 1989 were also possible due to propitious external, international conditions. Especially the collapse of the USSR brought certain possibilities for Poland and other countries in Central and Eastern Europe to regain full sovereignty, which was later expressed in membership in NATO, the Council of Europe, and then European Union accession. As a result of the systemic and political transformation process, the administration has become an extremely important cell in the democratic legal order and the entity responsible for the implementation of a significant part of public tasks at the local, supra-local and regional levels.
- Topic:
- Infrastructure, Governance, Social Services, Models, and Public Service
- Political Geography:
- Europe and Poland
22. Economic Transformation and Privatization
- Author:
- Richard J. Hunter Jr. and Leo V. Ryan
- Publication Date:
- 01-2020
- Content Type:
- Journal Article
- Journal:
- Warsaw East European Review (WEER)
- Institution:
- Centre for East European Studies, University of Warsaw
- Abstract:
- In its simplest form, privatization is de-statism – that is, removing the state as the owner of property and assets. From the outset of the transformation process in Poland, significant systemic limitations to the privatization process existed1. A developed market infrastructure was absent. Businesses that were being prepared for privatization lacked the ability to conduct market research, and advisory and consulting services were in short supply. Procedures and benchmarks for property valuation were almost non-existent. The financial infrastructure was immature and data on the profitability of firms being prepared for privatization was problematic. In addition, both the quality and level of competency of civil servants (the nomenklatura) and private managers remained low-largely due to the negative legacy of Poland’s communist past.
- Topic:
- Economics, Privatization, Governance, and Economic Transformation
- Political Geography:
- Europe and Poland
23. The Structure of Government Elites within the Regime of Alaksandar Lukashenka
- Author:
- Francisak Viacorka
- Publication Date:
- 01-2020
- Content Type:
- Journal Article
- Journal:
- Warsaw East European Review (WEER)
- Institution:
- Centre for East European Studies, University of Warsaw
- Abstract:
- Belarus under the authoritarian rule of President Alaksandar Lukashenka claims the status as the last free country in Europe1. In contrast to neighboring Ukraine, Russia, and the Baltic States, no structural reforms have been implemented in Belarus: the system of power remains strictly centralized; the government replicates the Soviet vertical system with its multiple bureaucratized ministries and departments; the economy is mainly state- owned, and the opposition is excluded from all state institutions and the government. The personalistic dictatorship of Lukashenka who has uncompetitively remained in power since 1994, lets neither politicians nor officials accumulate sufficient economic or political power. The bureaucracy in Belarus is formed primarily of people who demonstrate full loyalty to the regime. This makes the cabinet of ministers a purely technical, not political body. However, could not this be the evidence of its unprofessionalism? The research statement of the current paper is that Belarus government appointees and bureaucrats take their offices according to their experience and competence, not only because of their personal or political ties. In particular, I assume that for an absolute ma- jority of ministry staffers their way to power was paved with specialized education and professional careers in their area, and later they were appointed to leading positions in the Government or state-building institutions without building political careers.
- Topic:
- Governance, Authoritarianism, Reform, Leadership, and Elites
- Political Geography:
- Europe and Belarus
24. Horizontal and Vertical Diversity: Unintended Consequences of EU External Migration Policy
- Author:
- Natasja Reslow
- Publication Date:
- 03-2019
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Unintended consequences arising from EU external migration policy are a result of the multi-actor nature of this policy and of policy interactions. In addition, scholars face serious methodological challenges in establishing what the EU’s ‘intent’ is in external migration policy and, therefore, in determining which consequences are intended and which are unintended. The literature on the implementation and evaluation of EU external migration policy is in its infancy, and future work should take into account all policy outcomes – both those that were intended and those that were not.
- Topic:
- Migration, Immigration, Governance, and Refugees
- Political Geography:
- Europe and European Union
25. High expectations. Interregional agendas on global security challenges: East Asia, Europe and Latin America
- Author:
- Manuel R. Torres Soriano
- Publication Date:
- 12-2019
- Content Type:
- Journal Article
- Journal:
- Revista Brasileira de Política Internacional (RBPI)
- Institution:
- Instituto Brasileiro de Relações Internacionais (IBRI)
- Abstract:
- Interregionalism has been increasingly used to advance cooperation on regional and global security challenges. This study examines three interregional dialogues comprising East Asia, Europe, and Latin America. Each interregional security agenda reflects specific concerns and different evolving paths. Insights from ‘multilateral security governance’ approaches can reinforce the analysis of how security agendas emerge and change, and how their related norms and practices evolve.
- Topic:
- Security, International Affairs, Governance, and European Union
- Political Geography:
- Europe, East Asia, and Latin America
26. Leaders, Managers or Administrators – Mayors in Central and Eastern European Countries
- Author:
- Karolina Tybuchowska-Hartlinska
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This paper is the first step to fill a gap in the studies on the position of mayors in European local government systems. The first part of the paper will be devoted to critical analysis of theoretical and methodological studies on the position and selection of mayors. The second part will focus on verifying the proposed hypotheses. In the conclusions, an at- tempt will be made to present a profile of local democracy in CEE countries.
- Topic:
- Government, Governance, and Local
- Political Geography:
- Europe, Eastern Europe, and Central Europe
27. A Specter is Haunting the West (?): The BRICS and the Future of Global Governance
- Author:
- Francesco Petrone
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- The Rest: Journal of Politics and Development
- Institution:
- Centre for Strategic Research and Analysis (CESRAN)
- Abstract:
- Western countries are living a period of fragmentation that is (probably) undermining their leadership in dealing with an accountable global governance. Regarding global governance, it has received some criticisms such as the one that identifies it with a theoretical and unclear definition of an illusory enlarged participation to global decision-making, but in practice an attempt to impose Western policies. Furthermore, emerging powers like the BRICS group (Brazil, Russia, India, China and South Africa) may undermine this dominance, and the very meaning of global governance itself, inaugurating initiatives that tend to promote their presence in Global South, the creation of parallel institutions, their soft power and the (apparent?) engagement in global issues, such as climate change. In this article, we first analyze the acquired weight of the BRICS, then we highlight the weaknesses of global gover
- Topic:
- Climate Change, Globalization, Governance, International Institutions, and Emerging Powers
- Political Geography:
- Africa, Russia, China, Europe, India, Asia, South Africa, Brazil, and South America
28. New Forms of Public Administration Activity in Poland after 1989 as an Attempt of Realization Current Social Demands
- Author:
- Paulina Bieś-Srokosz
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The deep changes in Polish legal system and economy that took place after 1989 contributed to the emergence of new challenges for public administration. The legislator, in order to satisfy growing numbers of social demands, appointed new tasks and created a new legal form of action for public administration entities. However, not every of the new forms were fitted to classically understood administrative law. Part of this new forms at the same time combines some features characteristic for administrative law as well as typical for civil law, which gives them untypical (hybrid) character. As an example, there can be mentioned: civil law contracts with so called “overlays” (obligatory additional conditions) imposed by certain legal acts as well as administrative settlements and administrative contracts. The aim of this article is to analyze those hybrid forms of action of public administration entities in terms of implementation the objectives of regulation set by the legislator.
- Topic:
- Governance, Public Policy, Social Services, and Legal Sector
- Political Geography:
- Europe and Poland
29. Cooperation between European Cities and Amazonian Indigenous Peoples in the Fight Against Climate Change
- Author:
- Agnieszka Szpak
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This paper concentrates on a particular example of cooperation between European cities and indigenous peoples of the Amazon river basin, namely that of Climate Alliance. The New Urban Agenda adopted at the UN Habitat III conference in October 2016 emphasizes that cities and other human settlements should meet the challenges and take advantage of the opportunities for current and future sustainable and economic inclusive development. Cities should also take measures to address climate change and protect and manage their ecosystems, water resources, the environment and biodiversity. Indigenous peoples, just like cities play a crucial role in the fight against climate change. 80 % of the territories with high biodiversity level are indigenous lands. Their indigenous ecological knowledge may serve as a valuable tool in initiatives aimed at fighting climate change. The aim of the paper is to show whether there are any benefits of such cooperation and what is its significance in the fight against climate change. The main research question is: what are the forms of cooperation between European cities and Amazonian indigenous peoples in the framework of Climate Alliance? In which way can European cities support indigenous peoples in their fight for their rights and consequently for the nature’s preservation? The hypothesis is that European cities may learn from indigenous peoples of the Amazon how to combat climate change.
- Topic:
- Climate Change, Environment, International Cooperation, Governance, and Alliance
- Political Geography:
- Europe
30. Social Policy within the Framework of Public Self-Governance - Selected Topics
- Author:
- Katarzyna Wojewoda-Buraczynska
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The article herein discusses selected issues of the effectiveness of public governance model at the Province level of self-governance in regard to providing support services to persons with disabilities. Described herein are tasks for carrying out the policy of social inclusion of persons with disabilities that are the responsibility of the Province self-governance. Also described is the method for carrying out the said tasks and the most frequently used model of public governance. Discussed also are the critical challenges and flaws of the said model of public governance. Presented also are some suggestions for changes in regard to the discussed areas. The aim of the article is to analyze province social policy toward people with disabilities. The article also attempts to evaluate the methods used to implement it. The article is based on the analysis of legal acts regarding the social inclusion policy of persons with disabilities at the level of the province, with particular emphasis on the content of province programs on equal opportunities for people with disabilities and counteracting social exclusion and assistance in the implementation of tasks for the employment of disabled people. When writing an article, the dogmatic method was used in the analytical approach. The article proposes a thesis that the collaborative governance model used to implement the social inclusion policy of disabled people at the province level does not ensure sufficient control over the efficiency of using public funds, and thus does not guarantee the effective implementation of public tasks by non-public entities.
- Topic:
- Development, Governance, Social Policy, Disability, Social Services, Public Service, and Inclusion
- Political Geography:
- Europe and Poland
31. Wrocław Civic Budget. Social Innovation Adapted in Polish Local Government
- Author:
- Malgorzata Madej
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The paper explores Wrocław Civic Budget in the context of procedures and impact. It reviews various data to present different aspects of this process: number of projects submitted and implemented, citizens’ participation in the selection process, geographical distribution of the implemented projects and their contents, showing the significant fall in the citizens’ interest in the process after two years of its implementation. The paper aims to analyze whether the project in its current form actually succeeds in activating the citizens’ and involving them in the local decision-making on one hand, and changing the city on the other. The effectiveness of participatory budgeting in Wrocław is explored, considering such criteria as reliability, impact, activation and innovativeness. The data reveal both the successes and drawbacks of Wrocław Civic Budget, allowing for presentation of recommendations.
- Topic:
- Governance, Reform, Budget, Social Policy, and Local
- Political Geography:
- Europe and Poland
32. Wrocław Civic Budget. Social Innovation Adapted in Polish Local Government
- Author:
- Malgorzata Madej
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The paper explores Wrocław Civic Budget in the context of procedures and impact. It reviews various data to present different aspects of this process: number of projects submitted and implemented, citizens’ participation in the selection process, geographical distribution of the implemented projects and their contents, showing the significant fall in the citizens’ interest in the process after two years of its implementation. The paper aims to analyze whether the project in its current form actually succeeds in activating the citizens’ and involving them in the local decision-making on one hand, and changing the city on the other. The effectiveness of participatory budgeting in Wrocław is explored, considering such criteria as reliability, impact, activation and innovativeness. The data reveal both the successes and drawbacks of Wrocław Civic Budget, allowing for presentation of recommendations.
- Topic:
- Governance, Social Policy, Local, Innovation, and Civic Engagement
- Political Geography:
- Europe and Poland
33. Nonpartisan Electoral Committees in Local Government Elections in Poland in 2018
- Author:
- Marcin Czyżniewski
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The article presents the result of quantitative research on local government elections in Poland carried out on October 21 and November 4, 2018. Its goal is to examine the proportions of lists registered by political parties and nonpartisan electoral committees and the mandates they have obtained. This proportion shows the degree of presence of political parties in local governments of various levels and sizes. The data were selected so that all provinces in Poland were examined (16), a number of districts were randomly selected (in provinces with less than 20 districts, data from half districts were examined, in provinces with over 20 districts, from one third). Within the selected districts, all communes were examined. The quantitative research shows that local governments elected in 2018 are not political only in small and medium-sized communes, in which the councils are made up mostly of councilors who were candidates from nonpartisan committees.
- Topic:
- Governance, Elections, Local, and Partisanship
- Political Geography:
- Europe and Poland
34. Participatory Budgeting in Poland AD 2019: Expectations, Changes and Reality
- Author:
- Krzysztof Makowski
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- Discussion whether to formalize participatory budgeting or not has been solved. Again, this time it has happened without scholars’ engagement. Given this situation, can we say that whoever is satisfied? The amendment of the act that introduced legal form of participatory budgeting as a new tool of public consultation does not meet anyone expectations. The reason to think so is that there is no new and compulsory form of public engagement in financial decisions. Moreover, organizational framework and the huge variety of using participatory budgeting have been turned to uniform pattern. Equally, it is hard to agree that implemented solutions, previously though as a way to increase citizens’ involvement in functioning and scrutiny part of public bodies, have been met.
- Topic:
- Governance, Budget, Local, Participation, and Financial Development
- Political Geography:
- Europe and Poland
35. The “Golden Rule” as a New Financial Management Tool for Local Governments
- Author:
- Katarzyna Blazuk and Przemysław Czernicki
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The implementation of the so-called “golden rule” regarding the fiscal management of the sub-sector of the local-self-government (LSG) constituted a reaction to the growth of the debt within the sector of public finances and an attempt to curb the LSG deficit. In this manner the Legislator wanted to balance the budget regarding operating revenues and the operating expenditures and to allow for the use of public loans, thus permitting the generation of the debt only in regard to capital expenditures. The authors of the article evaluate the validity of introducing the new regulations, subjecting the “golden rule” to a positive critique and forming requirements for changes and improvements based on solutions to this problem utilized in other countries. An empiric data is presented that shows the consequences of overloading the LSG with the effects of the growing level of public debt in a situation when the responsibility for the majority of the debt (more than 90%) rests with the public governance at the government level. The authors also put forth the thesis that the implementation of the more restrictive rules on the central level is also necessary to optimize the entire system of public finances.
- Topic:
- Governance, Budget, Local, and Financial Development
- Political Geography:
- Europe and Poland
36. Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration
- Author:
- Janusz Bojarski and Natalia Dasko
- Publication Date:
- 01-2019
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- 2018 local self-government elections in Poland were special ones. Brought to light mismatching of provisions of the Electoral Code and Act on Local Self-Government Employees and attempt to use it to obtain an advantage in fight for political power caused political emotions and legal controversies. The aim of this article is presents limits imposed by criminal law on right to be elected in this type of elections and more general, role of criminal law as a tool in politics. The article presents a problem of conflict of legal regulations regarding the right to be elected and perform a public function in a local self-government unit as a problem of conflict between will of voters and attitude of politicians to creation of law and aim they try to obtain.
- Topic:
- Crime, Governance, Law, Elections, and Local
- Political Geography:
- Europe and Poland
37. ‘People without a State Also Must Live’ Kurds’ Experiences of Citizenship in the Middle East and the Netherlands
- Author:
- Nannie Skold
- Publication Date:
- 12-2019
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- Through considering the historical and ongoing systematic oppression of Kurds in the Middle East, this paper seeks to interrogate the role of citizenship in relation to processes of inclusion and exclusion within nation states. By situating the concepts of citizenship and statelessness within their appropriate political context, this paper explores the extent to which citizenship regimes can be used to serve the interests of the state and undermine the interests of minority citizens. This is analysed through considering the framework of the modern state system, in which individuals are largely dependent on citizenship for access to rights. The severe implications of non-citizenship increase citizens’ dependency on states, increasing the capability of states to oppress minority citizens who are not considered to belong within the national community. Through navigating participants’ narratives of citizenship and statelessness, a nuanced understanding of the role of citizenship will challenge dominant assumptions.
- Topic:
- Governance, Citizenship, Oppression, and Stateless Population
- Political Geography:
- Europe and Netherlands
38. Immigrant integration policy and practices in Poland
- Author:
- Dorota Domalewska and Marzena Zakowska
- Publication Date:
- 09-2019
- Content Type:
- Journal Article
- Journal:
- Security and Defence Quarterly
- Institution:
- War Studies University
- Abstract:
- Globalization, open borders and population movements, especially from war torn countries, have brought a new set of chances and challenges to every modern state. Since its accession to the European Union in 2004, Poland has been experiencing a steady transformation from a country producing emigrants to a destination country for a growing number of immigrants. The aim of the article is to discuss the impact of immigration on policymaking at the national level with emphasis on the legal status of immigrants and integration policy issues. Furthermore, the paper aims to initiate scientific discussion on migration integration policy and a complex system of migration policy and management. The study uses critical analysis of secondary sources: literature and sectoral policies in areas such as the labour market, education, and welfare pointing out benefits offered to immigrants. The analysis presents immigration integration policies and practices adopted and implemented in Poland. The research leads to the conclusion that the number of immigrants in Poland will significantly increase by 2030. Therefore, it is urgent to develop comprehensive migration management system in Poland, which will regulate the status of immigrants paying close attention to resolving integration policy issues.
- Topic:
- Migration, Immigration, Governance, and Integration
- Political Geography:
- Europe and Poland
39. Provoking Debate on Central European Security
- Author:
- Robert Gawlowski
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- Co-production of public services is an increasingly popular tool in public man- agement, although it is still a new phenomenon in Poland. Despite the attention research- ers give to co-production, some significant gaps remain. In this article, author attempts to examine the legal possibility of implementing co-production by the Polish local government by local initiative and Solecki Fund. The article aims to examine how major Polish cities gathered in Union in Polish Metropolises used local initiatives. The next step in research is to find out how Solecki Fund is spread among rural areas according to statistical data. It is proved that only a handful of local governments in Poland are truly engaged in co-produc- tion. However, Solecki Fund can be shown as an excellent example of citizens’ engagement. It is presented a possible agenda on what can be done to make co-production more popular and used on a regular basis not only in metropolitan but also rural areas.
- Topic:
- Governance, Public Policy, Welfare, Management, and Public Service
- Political Geography:
- Europe and Poland
40. "Right to Truth" and Memory Laws: General Rules and Practical Implications
- Author:
- Grażyna Baranowska and Aleksandra Gliszczynska-Grabias
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- The “right to truth” relates to the obligation of the state to provide information about the circumstances surrounding serious violations of human rights. Despite its increas- ing recognition, the concept raises questions as to its scope and implementation as well as its existence as a free-standing right. Similarly, “memory laws” relate to the way states deal with their past. However, there are certain „memory laws” that, while officially serving as a guarantee for accessing historical truth, lead to its deformation. As a result, an “alterna- tive” truth, based on the will of the legislators, is being imposed. In this article the authors elaborate on the general nature of the new legal phenomenon of the „right to truth”, as a tool of transitional justice, in particular in the context of both providing and abusing historical truth by the legislators, through the instrument of “memory laws”.
- Topic:
- History, Governance, Legal Theory, Memory, and Truth
- Political Geography:
- Russia, Europe, Ukraine, Eastern Europe, and Poland
41. Polish FDI in Central Asian Countries
- Author:
- Krystyna Gomółka
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- Since gaining independence, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan gradually opened their markets to foreign investors. Before Poland’s acces- sion to the European Union, the activities of Polish investors in Kazakhstan, Kyrgyzstan, Ta- jikistan, Turkmenistan and Uzbekistan were based on bilateral treaties concluded by Poland with those countries. Later, except Turkmenistan, they were governed by the partnership and cooperation agreements between the European Communities and their Member States. Despite the ample investment opportunities and favourable conditions for access to the mar- ket, the activity of Polish companies in these markets has not produced a significant effect. Poland invested with more considerable success on the markets in Kazakhstan and Kyrgyz- stan. It made investment attempts in Tajikistan and Uzbekistan, leaving out Turkmenistan. The reason why Poland has a weak position in these markets is the distance between the partners and inability of Polish companies to efficiently compete with large multinational companies which have been operating there for years. In the Kazakh market, good invest- ment prospects are available for waste management, petrochemical, mining and road con- struction companies. In Kyrgyzstan, there are cooperation possibilities in the area of modern agricultural and processing technologies and establishment of fruit and vegetable process- ing enterprises. In Tajikistan, enterprises can invest in petroleum and natural gas extraction and exploitation, the fuel market, processing of precious metals and construction of conven- tional and hydroelectric power plants. In Turkmenistan, Polish companies can compete for road, railway and housing construction contracts, whereas in Uzbekistan they can invest in businesses covered by government tax reductions.
- Topic:
- Markets, Infrastructure, Governance, and Investment
- Political Geography:
- Europe, Central Asia, Kazakhstan, Asia, Kyrgyzstan, Tajikistan, Uzbekistan, and Turkmenistan
42. The Formation of Local Self-government During the System Transformation Period in Poland and the Former GDR
- Author:
- Adam Jarosz
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This paper presents changes that have occurred at the local level in Poland and new German federal states during the process of the post-communist system transforma- tion. The stages of rebuilding the local self-government and its structures are analyzed. The experiences of Poland and Eastern Germany – two states where the system transformation took different courses – were compared. At the same time, both countries have different constitutional orders of the unitary state and federal state, and this context are interesting fields for a comparative analysis. This paper also confronts the two methods of institution building – the importing of well-established institutions and developing them in the evolu- tionary way, where in both cases path a dependency can be well observed. In Germany this is considered a special case (Sonderfall) of institutional transformation, in which the key role was played by the transference of institutions, personnel and financial means. This was also done much quicker and in a more structured and comprehensive way than in Poland. In the case of Poland, the creation of local self-government structures or shaping the political actors was a grassroots and evolutionary process. This article points out the most important factors that had a crucial significance in the course and results of the transformation and explains different ways of developing the system of democratic local self-government.
- Topic:
- Governance, Local, Federalism, and Transition
- Political Geography:
- Europe, Poland, and Germany
43. The Scope of Application of the Charter’s Right to Good Administration of the European Union
- Author:
- Irena Cuculoska
- Publication Date:
- 02-2018
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.
- Topic:
- Human Rights, Treaties and Agreements, Governance, European Union, and Political Rights
- Political Geography:
- Europe
44. The External Dimension of European Union Counter-Terrorism Discourse: Good Governance, the Arab “Spring” and the “Foreign Fighters”
- Author:
- Beste Işleyen
- Publication Date:
- 10-2017
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- International Relations Council of Turkey (UİK-IRCT)
- Abstract:
- The central objective of this article is to contribute to studies on EU counter-terrorism discourse by bringing the “external dimension” in. To that end, it borrows concepts of the Discourse-Historical Approach and provides an in-depth linguistic examination of the international aspect of the EU’s counter-terrorism discourse. The article identifies good governance and the Arab “Spring” as two central themes of this discourse and illustrates the linguistic means in which the two topics are made “natural” and “normal” by reference to counter-terrorism. The analysis also discusses the political and normative effects of EU discursive construction of counter-terrorism.
- Topic:
- History, Governance, European Union, Counter-terrorism, and Arab Spring
- Political Geography:
- Europe and Middle East
45. Exercising or Evading International Public Authority? The Many Faces of Environmental Post-Treaty Rules
- Author:
- Tim Staal
- Publication Date:
- 06-2016
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Post-treaty instruments (PTIs) are informal instruments adopted by consensus of the treaty parties as follow-up decision to a particular provision in a treaty. PTIs are potentially significant instruments for advancing environmental global governance, as the treaty parties may use them to transform indeterminate treaty provisions into more specific environmental rules and decisions. While a number of PTIs are rightly characterized as exercises of authority, this article seeks to demonstrate how certain environmental PTIs with rule-setting character (‘PTRs’) amount to evasions of authority by reducing international authority over States’ environmental policies, or alleviate rather than tighten the treaty parties’ obligations, through their content or legal status. First, some PTRs avoid authoritative language, requiring little or no concrete action by the treaty parties. Some treaty-based assignments to adopt PTRs are never even acted upon. Other PTRs simply water down the obligations of the treaty parties compared to the underlying treaty provisions. Second, PTRs possess an ambiguous legal status both in legal doctrine and in the practice of domestic and EU courts. The article further argues that consensual decision-making may well be at the root of this ambivalent practice. As a broader contribution to the debate about International Public Authority (IPA), the proposition is advanced that we need to scrutinize more carefully what kind and degree of authority an instrument exercises exactly – or not. Evasions of authority and alleviations of obligations – which can be conceived as a special type of exercising authority through inaction – have important implications for what future legal frameworks of international public law must deliver in terms of effective and legitimate procedural design.
- Topic:
- Diplomacy, Environment, International Cooperation, Treaties and Agreements, Governance, and European Union
- Political Geography:
- Europe
46. A 'Bastard' Feudal State: Governance by the Military Class in Late Medieval England
- Author:
- Andrew Mark Spencer
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- Two key facts about late medieval England: The kingdom had no standing army and was at war for most of the period between 1294 and 1485. Given these circumstances, it might seem ambitious to identify a role for the military of the time in a non-war environment. Nonetheless, this peacetime role existed, and created a state of preparedness that was crucial to success when the kingdom went to war. Under ‘bastard feudalism’ the leaders of the army, trained in war and incubated in a thoroughly military ethos and culture, through their efforts in domestic governance, provided the stability at home and the financial and material resources which were as vital to the victories of the Hundred Years’ War as the much better known and remembered archers of Crecy and Agincourt. This article will provide background into medieval military and landed society before tracing how the governmental role of this group increased alongside ‘bastard feudalism’ in response to the crown’s need to find the resources for war. It will then show how ‘bastard feudalism’ worked for king, nobles and gentry in tandem and how this, in turn, created experienced administrators who were able to support the war effort. ‘Feudalism’ is a term synonymous with the Middle Ages. The feudal pyramid, with the king at the apex, his nobles and knights beneath, and peasants on the bottom, will be familiar to readers from their school days. ‘Bastard feudalism’, on the other hand, is less well-known and usually has currency only in academic journals. Both are highly controversial terms among medievalists and some even deny the existence of one or the other, or both. Most historians, however, would accept that, in England at least, there was a gradual transition from feudalism—where the principal means by which the king or nobleman rewarded his followers was through a permanent grant of land—to ‘bastard feudalism’—where rewards were primarily paid in cash payments. Where historians do not agree, however, is on the timing, causes and results of such a change...
- Topic:
- War, History, Governance, Feudalism, and Middle Ages
- Political Geography:
- Europe and England
47. Changing Dynamics of Turkish Regional Policy: Resistance for Multilevel Governance?
- Author:
- Ali Onur Ozcelik
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Journal:
- The Rest: Journal of Politics and Development
- Institution:
- Centre for Strategic Research and Analysis (CESRAN)
- Abstract:
- This article is concerned with the relationship between Europeanization and regionalization processes in Turkey in the post-Helsinki Era of 1999. By considering European regional policy and its related pre-accession financial incentives as the most useful and appropriate empirical lenses, it offers an analysis of the causes and mechanisms encouraging regionalization process in Turkey during the EU accession process. Through the analysis of official documents and of in-depth interviews with relevant actors in the EU and Turkey, findings suggest that while some of the changes are considered as direct effects of Europeanization, such as the creation of territorial system according to NUTS classification, other developments are invoked by indirect mechanisms of Europeanization, such as the creation of regional development agencies (RDAs) and their role in regional planning and allocation of national funds. More importantly, the findings illustrate that although the EU’s credibility has declined after 2005 and its regional policy, in the sense of the implementation of regional policies and management of structural funds, have shifted towards the more centralized model in the post-Lisbon era (for the 2007-2013 structural fund programme), developments in these areas in Turkey have gone to opposite directions, more accurately, through the more regionalized model. These changes not only reflect the pre-Lisbon practices of EU regional policy and structural funds underlining a spill-over effect resulting from the dissemination of EU practices and policies, but also contain the spices of Turkish administrative tradition.
- Topic:
- Regional Cooperation, Governance, European Union, Europeanization, and Regionalism
- Political Geography:
- Europe, Turkey, and Asia
48. Recurring Border Crises: Permanent Exception in Spain | Récurrence de la crise frontalière : l’exception permanente en Espagne
- Author:
- Lorenzo Gabrielli
- Publication Date:
- 09-2015
- Content Type:
- Journal Article
- Journal:
- Cultures & Conflits
- Institution:
- Cultures & Conflits
- Abstract:
- This article analyses the “bordering” process in Spain, notably with regard to its relation to ever-reoccurring “migration crises” at certain areas of the border. More specifically, it addresses the ways in which a structural phenomenon such as illegal immigration is politicized and managed as “exceptional” at the Spanish border. To better understand this dynamic, it analyses, on the one hand, the case of Ceuta and Melilla as pivotal sites of the execution of emergency, and, on the other hand, the Canary Islands as a temporary hotspot. Then, it decodes the elements hidden by the Spanish “bordering by crises” approach and its consequences. In particular, it exposes the way in which emergency management produces a de facto state of exception and excess at segments of the border carrying particular symbolic significance. Finally, it addresses the reasons behind this constant emergency management, namely asking whether emergency management provides an escape from the constraints imposed by fundamental and basic rights.
- Topic:
- Migration, Governance, Border Control, and Borders
- Political Geography:
- Europe, Spain, and Canary Islands
49. Settler-State Political Theory, 'CANZUS' and the UN Declaration on the Rights of Indigenous Peoples
- Author:
- Kirsty Gover
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- When the UN General Assembly voted in 2007 to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP), only Australia, Canada, New Zealand and the USA cast negative votes. This article argues that the embedding of indigenous jurisdictions in the constitutional orders of these states via negotiated political agreements limits their capacity to accept certain provisions of the UNDRIP. Once the agreement-making process is set in motion, rights that do not derive from those bargains threaten to undermine them. This is especially true of self-governance and collective property rights, which are corporate rights vested to historically continuous indigenous groups. Since these rights cannot easily be reconciled with the equality and non-discrimination principles that underpin mainstream human rights law, settler governments must navigate two modes of liberalism: the first directed to the conduct of prospective governance in accordance with human rights and the rule of law and the second directed to the reparative goal of properly constituting a settler body politic and completing the constitution of the settler state by acquiring indigenous consent. Agreements help to navigate this tension, by insulating indigenous and human rights regimes from one another, albeit in ways not always supported by the UNDRIP.
- Topic:
- Human Rights, International Law, United Nations, and Governance
- Political Geography:
- Europe, Canada, United Nations, Australia, New Zealand, and United States of America
50. Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance
- Author:
- Matthias Goldmann
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal,1 functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last couple of decades has profoundly rebutted the assumption that international organizations are a-political. They have been discovered, among others, to serve as platforms for the formation of epistemic communities, as agorae for political deliberation and contestation or to use their bureaucratic potential and the flexibility of their mandates to establish a degree of independence from their principals. The book by Tana Johnson, professor of political science at Duke University, adds another important perspective that has not been explored so far. She turns our attention to the fact that institutional design might matter for the international organization’s independence from member states. As chief witness for her thesis, she summons the Intergovernmental Panel on Climate Change (IPCC). Originally a brainchild of the US government, it is today a fairly independent institution fallen from grace with its master. Johnson argues that it owes its independence to the influence of international bureaucracies – that is, staff of other international organizations, upon the process that led to its establishment. The thesis puts the spotlight on the fact that a majority of new international organizations that saw the light of the day during the last decades was fostered by pre-existing international organizations.
- Topic:
- International Relations, Climate Change, International Law, International Organization, and Governance
- Political Geography:
- United States and Europe
51. Concessions or Coercion? How Governments Respond to Restive Ethnic Minorities
- Author:
- Arman Grigoryan
- Publication Date:
- 03-2015
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- Destabilized multiethnic states and empires are environments that are highly susceptible to violent ethnonationalist conflict. Conflicts between states built on the ruins of such empires and their minorities are especially common. James Fearon has famously argued that these conflicts are the result of minorities' rational incentives to rebel, which in turn are the result of newly independent states' inability to guarantee that these minorities will not be discriminated against if they acquiesce to citizenship, as well as expectations that over time the balance of power will shift against minorities as states consolidate their institutions. States can, however, take steps to reassure their minorities. The puzzle is why they often fail to do so. In fact, states often adopt policies that confirm minorities' worst fears, pushing them toward rebellion. Such action may be precipitated by a state's belief that a minority is motivated by a separatist agenda rather than by the desire to have its concerns and grievances satisfactorily addressed. If secession is a minority's primary objective, then concessions intended to demobilize the minority will only make the state more vulnerable to future demands and separatist bids. The existence of third parties with incentives to support minority separatism exacerbates the problem. The violent and nonviolent minority disputes in post-Soviet Georgia illustrate these findings.
- Topic:
- Ethnic Government, Governance, Ethnicity, and Domestic Politics
- Political Geography:
- Europe, Asia, Georgia, and Global Focus
52. Law Enforcement System in Ukraine: Status, Problems, Prospects for Reform
- Author:
- Valeriya Klymenko and Hanna Pashkova
- Publication Date:
- 01-2015
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- The year 2013 saw the beginning of a unique period in the history of an independent Ukraine. The victory of the Euromaidan, which seemed to be a successful completion of the Revolution of Dignity, in reality was merely the first step on the path of revolutionary transformation of all aspects in the life of Ukrainian society and state. Security issues are of high priority in the ambitious plans of reforms initiated by the Ukrainian government: “The security vector is our certainty about our tomorrow, being peaceful and happy. It is our certainty of justice and inevitable punishment for each crime. Our certainty that no person is unfairly convicted. The certainty of guaranteed security of investments and property”.1 Guaranteeing the required level of domestic security, primarily the security of a person and a citizen, largely depends on the capability of the law enforcement agencies to perform the functions entrusted to them by national law, and their ability to serve the society and not the government or their own selfish interests. In the system of functions delegated by the state to law enforcement agencies, the policing function has a special role, since the police, in addition to being the most numerous structure, is on the “frontier”, where a citizen may receive protection from, or be persecuted by, the state. For this reason, police reform is receiving considerable attention from the Ukrainian government, society and Ukraine’s international partners. The overwhelming majority of police officers also acknowledge the need for radical change, being dissatisfied with working conditions, level of social security and the negative view of their work on the part of society. Analysis of the current reform efforts leads to the conclusion that, despite the presence of many extraordinary aspects and significant positive differences, they still have many features typical of the prior unsuccessful reform attempts. The most important reasons impeding the implementation of the generally positive declarations and concept documents include the lack of political will as well as the pursuit of political and private ends that have nothing in common with the national interests or international standards. Taking into account our own errors is as important for success as studying the diverse international experience. The lack of coordination of reforms from a single centre, despite the formal presence of the respective structure, inefficient use of the tightly limited resources and attempts to substitute minor changes (restructuring, personnel rotations, name changes, etc.) for a true transformation – all of this has been seen on multiple occasions before. The lack of political will is most often mentioned by experts and community activists looking for answers to the questions why the reforms are advancing so slowly or why the results claimed by the politicians remain hardly noticeable for civilians. Society and the entities being reformed may become more optimistic about the success of the reforms if the Government sincerely demonstrates its interest in developing a European model of the police service, and, most importantly, proves it by real actions. The active participation by community activists, non-governmental organisations, and international partners in the reform processes are important but merely auxiliary factors. The duration and resources of a powerful international support are limited and directly depend on the demonstration of practical results. The analytical report is intended to make an intellectual contribution to the joint effort of developing the Ukrainian law enforcement agencies, whose performance is evaluated not by statistics or the opinion of the government, but by the satisfaction of society with the quality of the respective services, the citizens’ feeling of safety and justice and their level of trust in and respect for those who protect them.
- Topic:
- Governance, Law Enforcement, Public Opinion, Reform, and Legitimacy
- Political Geography:
- Europe and Ukraine
53. Waiting for the "Bitles" in Mexico — World Games in Cali — Milkshakeburgers in the U.S. —10 Things to Do in Ponce, Puerto Rico.
- Publication Date:
- 04-2014
- Content Type:
- Journal Article
- Journal:
- Americas Quarterly
- Institution:
- Council of the Americas
- Abstract:
- Panorama Stay up-to-date with the latest trends and events from around the hemisphere with AQ's Panorama. Each issue, AQ packs its bags and offers readers travel tips on a new Americas destination. In this issue: Mexico is Still Waiting for “Los Bitles” World Games, Cali American Sabor 10 Things to Do: Ponce, Puerto Rico Heart-Stopping U.S. Food Festivals From the Think Tanks.
- Topic:
- Security and Governance
- Political Geography:
- United States, Europe, Latin America, and Mexico
54. Western Pessimism, Asian Optimism: Three Perspectives on Global Governance
- Author:
- Sir Richard Jolly
- Publication Date:
- 09-2014
- Content Type:
- Journal Article
- Abstract:
- As of 2007 the world economy has been caught in the worst crisis since the 1930s. Yet after two years of only partly successful efforts to mobilize and coordinate global action of financial control and stimulus, ending with the G-20 meeting of March 2009, responsibility for corrective economic initiatives has essentially been left to individual countries, supported by the International Monetary Fund (IMF) and the European Union (EU). Moreover, such support has been usually conditional on countries following financial policies of tough austerity. The United States took some actions to stimulate its economy, but by many accounts these were insufficient. Most of Europe has not even attempted stimulus measures and has been in a period of economic stagnation, with falling real incomes among the poorest parts of the population. Although some signs of “recovery” have been heralded in 2013 and 2014, growth has mostly been measured from a lower base. There is little evidence of broad-based economic recovery, let alone improvements in the situation of the poor or even of the middle-income groups.
- Topic:
- Economics and Governance
- Political Geography:
- United States, Europe, and Asia
55. The Crystal Curtain: A Postscript on Europe's North-South Divide
- Author:
- Fabrizio Tassinari
- Publication Date:
- 09-2014
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- The European Union's sovereign debt and banking crisis has made apparent a gnawing gap between the northern and southern parts of Europe. Over the course of this past half decade, this divide has been brought into the public debate through a myriad of perspectives, from social trust to competitiveness. Yet, the governance sources of the divide are underestimated in policy practices and misrepresented in the political discourse. A governance approach can help clarify why the pursuit of convergence underpinning EU crisis-resolution mechanisms has become a contributing factor, rather than a prospective solution to the North-South gap. In doing so, governance also forms the basis for recommendations to policymakers in both halves of the continent, especially when confronted with the challenge of populist Euroscepticism.
- Topic:
- Governance
- Political Geography:
- Europe
56. Dynamics of Energy Governance in Europe and Russia
- Author:
- Sreemati Ganguli
- Publication Date:
- 04-2014
- Content Type:
- Journal Article
- Journal:
- Insight Turkey
- Institution:
- SETA Foundation for Political, Economic and Social Research
- Abstract:
- Dynamics of Energy Governance in Europe and Russia Relations between Europe and Russia in the post-Cold War era constitute a fascinating area of study, as it involves many interlinked socioeconomic and political issues. Significantly, the events that shaped the political landscape of contemporary Europe, i.e., the reunification of Germany and collapse of the Soviet domination of East Europe, were precursors to the disintegration of the Soviet Union. The book under discussion focuses on the issue of energy governance in Europe and Russia, which is significant as both Russia and Europe share a flourishing codependent energy trade relation and the issue touches on many areas of common bilateral concern- political, economic, technological, environmental, bureaucratic and legal. The book has twelve chapters, divided in three thematic sections, apart from Introduction, Conclusion and Afterword. It represents a culmination of debates exchanged through the Political Economy of Energy in Europe and Russia (PEEER) network and approaches the entire issue through the theoretical approach of International Political Economy. Essentially, the book aims to focus on multiple actors and institutions that shape the policy processes of energy governance in Europe and Russia, in the context of an interlinked and interdependent global, regional and local scenario. In the first section on “Transnational Dynamics” the focus is on legal issues. Tatiana Romanova discusses EU-Russian energy relations in the context of legal approximation (Article 55 of the EU-Russian Partnership and Cooperation Agreement), noting two particular focal points – the improvement of the energy trade scenario and the clean energy agenda. Daniel Behn and Vitally Pogoretskyy analyze the system of dual gas pricing in Russia and its impact on EU imports. They raise an important debate between the Statist and Liberal approaches by questioning the consistency of this system with WTO regulations. For Anatole Boute, the export of European foreign energy efficiency rules to non-EU countries, especially Russia, has the potential to become the cornerstone of the EU's new energy diplomacy, to meet the challenges of a secure energy supply from Russia, and to mitigate bilateral climate concerns. M. F. Keating, on the other hand, deals with the connection between and possible harmonization of global best practices (to systemically use competition, regulation and privatization to reform the energy sector) and the EU's energy security agenda.
- Topic:
- Cold War and Governance
- Political Geography:
- Russia, Europe, and Germany
57. Governance Barriers to Renewable Energy in North Africa
- Author:
- Anthony Patt, Nadejda Komendantova, and Stefan Pfenninger
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Solar power in the North African region has the potential to provide electricity for local energy needs and export to Europe. Nevertheless, despite the technical feasibility of solar energy projects, stakeholders still perceive projects in the region as risky because of existing governance issues. Certain areas of solar projects, such as construction, operation and management, are the most prone to governance risks, including lack of transparency and accountability, perceived as barriers for deployment of the projects. It is likely that large-scale foreign direct investment into solar energy will not eliminate existing risks, but might even increase them. Furthermore, the recent political changes in the region have addressed some governance risks but not all of them, especially bureaucratic corruption. Stakeholders recommend a broad set of measures to facilitate development of solar projects in the region, ranging from auditing of individual projects to simplification and unification of bureaucratic procedures.
- Topic:
- Development and Governance
- Political Geography:
- Europe and North Africa
58. "The Big Society" of the United Kingdom
- Author:
- Arman Gasparyan
- Publication Date:
- 03-2014
- Content Type:
- Journal Article
- Journal:
- Studies of Changing Societies Journal (SCS)
- Institution:
- Studies of Changing Societies Journal (SCS)
- Abstract:
- This article discusses the 'Big Society' of the U.K. and particularly the Localism Bill, a distinct component of this agenda aimed at decentralizing government, transferring power to local authorities and communities. This research examines the Localism Bill effectiveness and ways in which it is different from other decentralization efforts, while also exploring the possibility of adopting select provisions of the Localism Bill in Yerevan. Our main findings show that the respondents who are well informed about the U.K. government’s domestic policies recognize the freedoms and flexibilities that are transferred to local governments. The level of satisfaction with the Council has increased considerably among the citizens of Sutton. Our analysis also demonstrates that respondents to the second survey were willing to champion and/or support local government reforms in Yerevan. Nonetheless, the majority of them did not believe such reforms were feasible at this time.
- Topic:
- Governance, Decentralization, and Power
- Political Geography:
- United Kingdom, Europe, and Armenia
59. Africa's Turn
- Author:
- Macky Sall
- Publication Date:
- 10-2013
- Content Type:
- Journal Article
- Journal:
- Foreign Affairs
- Institution:
- Council on Foreign Relations
- Abstract:
- Since it gained independence from France in 1960, the West African country of Senegal has been a bastion of stability and democracy on a continent that has seen relatively little of either. During the presidency of Abdoulaye Wade (2000–2012), however, the Senegalese exception seemed under threat. The elderly Wade grew increasingly authoritarian and corrupt, and he managed to run for a third term even though the constitution prohibited him from doing so. But in March 2012, Senegalese voters dealt Wade a decisive defeat, electing the reformist candidate Macky Sall instead. Trained in France as a geological engineer, Sall had served in a number of government posts under Wade, including prime minister, before publicly breaking with him in 2007. In opposition, Sall created a new political party; served a second term as mayor of his hometown, Fatick; and organized an anti-Wade coalition. Sall spoke with Foreign Affairs senior editor Stuart Reid in Dakar in June, days before U.S. President Barack Obama's arrival in Senegal for a state visit.
- Topic:
- Governance
- Political Geography:
- Africa and Europe
60. Good Governance of the Security Sector in Turkey
- Author:
- Willem van Eekelen and Merijn Hartog
- Publication Date:
- 01-2013
- Content Type:
- Journal Article
- Journal:
- All Azimuth: A Journal of Foreign Policy and Peace
- Institution:
- Center for Foreign Policy and Peace Research
- Abstract:
- The Centre for European Security Studies (CESS or the Centre) in the Netherlands has conducted three consecutive capacity-building programmes on civil-military relations and good governance of the security sector in Turkey since 2004. This was done in close cooperation with local partners from Ankara and Istanbul and financially supported by the Ministry of Foreign Affairs of the Netherlands. As the last programme, which commenced in 2010, draws to a close, the time has come to reflect on the outcomes of the work of CESS in Turkey.
- Topic:
- Security, Governance, Military Affairs, and European Union
- Political Geography:
- Europe, Turkey, Middle East, and Mediterranean
61. Judicial Reform in Ukraine: Current Results, Prospects and Risks of the Constitutional Stage
- Author:
- Valeriya Klymenko
- Publication Date:
- 01-2013
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- The process of establishing the judiciary in Ukraine since its independence has been quite inconsistent and contradictory – not only due to its heritage, but also because it has often been accompanied by acute political confrontation and attempts of opposing political forces and governmental teams to gain control over the judiciary. Reformation activity that was initiated and implemented in this period did not lead to establishment of an independent and fair court in Ukraine. After the 2010 Presidential Election, the new President Viktor Yanukovych announced that another judicial reform was going to take place, which led to dramatic changes in the national judiciary. Analysis of these changes and their consequences gives reasons to assume that, through this reform, the President managed to enhance his control over judicial authority, to restrict its independence, and to weaken self-government of judges. Significant rotation amongst judges also took place. In general, it has considerably deteriorated judicial situation in Ukraine. Today, the judicial reform has reached its final – constitutional – stage. On 10 October 2013, the Verkhovna Rada pre-approved the Presidential draft Law “On Amendments to the Constitution of Ukraine Strengthening the Independence of Judges”. The corresponding Decree of the Verkhovna Rada of Ukraine was supported by 244 deputies. All opposition factions of the Parliament (Batkivshchyna, UDAR, Svoboda) manifested against adoption of the law claiming that implementation of its provisions would compromise not only the judicial independence, but also the democracy in Ukraine. The course of preparation and adoption of this draft Law (obtaining, inter alia, positive resolution of the Venice Commission) revealed tendencies that have been characteristic of the 2010 judiciary reform since its initiation. Thus, national legislation in the recent years has been using European standards in quite a peculiar way by borrowing the form and filling it up with “appropriate” contents. In fact, what we have now is not an approximation of national laws to international judicial norms and standards, but adjusting these norms to situational needs by using controlled and dependent judiciary in Ukraine. Hence, this is a selective adoption of recommendations and guidelines of international institutions. As it is widely known, the Venice Commission gave a generally positive opinion on the draft Law mentioned above. It was this draft (as well as the resolution of the Constitutional Court of Ukraine and the declaration signed by 30 deputies of the Parliamentary Assembly of the Council of Europe) that the President’s representative and deputies of the Party of the Regions faction mostly relied on when encouraging their colleagues to support pre-approving the bill. Accepting the above-mentioned documents of European institutions we should obviously have some reservations. Firstly, the draft law contains genuine “European” provisions able to deceive European structures that evaluate new laws from their own European perspective. Secondly, current evaluations of the “Ukrainian progress” by European institutions have somewhat enforced nature stipulated by soon-to-happen Vilnius summit and possibly by the Association Agreement to be signed between the European Union and Ukraine at the summit. While mainly stressing its positive progress towards the association, Europe also seeks to maintain Ukraine’s European integration prospects. Thirdly, there are reasons to assume that current authorities have used peculiar means to push its legislative initiatives not only inside (in the Parliament and Constitutional Court), but also outside the country – on the international realm. Preliminary approval of the Presidential draft Law on amending the Constitution has had a dramatic impact on the judicial reform. On the one hand, it has enabled to legitimise the key legislative changes approved in 2010 and to enshrine provisions in the Constitutions, implementation of which may politicise the judiciary to an even bigger extent and increase the dependence of judges. On the other hand, it has generated a political and expert discussion aimed at searching for a compromise, which results might involve the following: excluding the most risky provisions for the independence of judges and courts, at least, and preparing a new bill approved by all key political forces of the country, at best. Current situation calls for ensuring fair and independent justice, as well as stimulates governmental representatives, opposition and the society to look for optimal ways out.
- Topic:
- Governance, Reform, Constitution, Judiciary, and Norms
- Political Geography:
- Europe and Ukraine
62. Breaking Free from Europe: Why Africa Needs Another Model of Regional Integration
- Author:
- Peter Draper
- Publication Date:
- 03-2012
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- Support for regional economic integration in Africa runs high amongst the continent's international development partners and African elites. However, its expression in European forms of economic integration is not appropriate to regional capacities and in some cases may do more harm than good. This lacuna is exacerbated by technical and theoretical analyses rooted either in economics or international relations literature. This article sets out to reconceptualise the foundations of African economic integration by reviewing key debates within each literature and comparing the results across disciplinary boundaries. Overall, it is concluded that a much more limited approach is required, one that prioritises trade facilitation and regulatory cooperation in areas related primarily to the conduct of business; underpinned by a security regime emphasizing the good governance agenda at the domestic level. Care should be taken to design the ensuing schemes in such a way as to avoid contributing to major implementation and capacity challenges in establishing viable and legitimate states. In doing so, the presence of regional leaders with relatively deep pockets - South Africa in the Southern African case - points to the imperative of building such limited regional economic arrangements around key states.
- Topic:
- Development, Economics, and Governance
- Political Geography:
- Africa, Europe, and South Africa
63. The Future of Electoral Observation
- Author:
- Rubén Perina
- Publication Date:
- 05-2012
- Content Type:
- Journal Article
- Journal:
- Americas Quarterly
- Institution:
- Council of the Americas
- Abstract:
- The OAS needs to strengthen its election observation missions.
- Topic:
- Governance and Law
- Political Geography:
- United States and Europe
64. Aida Torres Pérez. Conflicts of Rights in the European Union. A Theory of Supranational Adjudication
- Author:
- Constantin von der Groeben
- Publication Date:
- 02-2011
- Content Type:
- Journal Article
- Abstract:
- Aida Torres Pérez' Conflicts of Rights in the European Union. A Theory of Supranational Adjudication 1 is a comprehensive monograph dealing with one of the most striking normative challenges in the European Union (EU): the relationship between the European Court of Justice (ECJ) and Member State courts in adjudicating fundamental rights. Torres Pérez presents the existing spheres of fundamental rights protection in the EU and provides a thorough analysis of the conflicts that emerge where these different spheres overlap. Her volume covers a number of different approaches and provides suggestions on how to deal with these conflicts and eventually proposes a normative model for ECJ adjudication through judicial dialogue based on comparative constitutional reasoning. The book is well structured in three parts. The first part gives a brief but thorough overview of the different systems of fundamental rights protection open to EU citizens. The author describes these different systems as the multilevel protection of rights in Europe and distinguishes between human rights protection through national constitutions (constitutional rights), through the ECJ (EU fundamental rights) and through the European Convention on Human Rights (convention rights). She outlines the conflicts that arise when these different systems of fundamental rights protection overlap. In general, such conflicts may arise when different rights are considered to be fundamental (at 10) and where community members disagree regarding fundamental rights interpretation (at 11), especially concerning sensitive issues like abortion or affirmative action (at 16). A potential for conflict exists whenever states act within a field of application of EU law which includes two types of situations: (i) state acts implementing EU law, and (ii) state acts derogating from the EU basic freedoms of movement (at 16). An example of a rights conflict between German courts and the ECJ is the 'banana saga', where the courts disagreed on …
- Topic:
- Human Rights and Governance
- Political Geography:
- Europe
65. State land policy in Ukraine: standing and development strategy
- Author:
- Maryna Melnyk
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- Ukraine possesses vast land resources. As of January 1, 2009, its land stock amounted to 60,354.8 thousand hectares, or almost 6% of the European territory1 . In particular, farming land accounted for nearly 19% of the European, arable land – almost 27%. Per capita area of farming land in Ukraine is the highest among the European countries – 0.9 hectares, including 0.7 hectares of arable land (against the European average of 0.44 and 0.25 hectares, respectively). Black soil in Ukraine, according to different estimates, occupies from 15.6 to 17.4 million hectares, or nearly 8% of the world stock. By and large, at the beginning of 2000s, the standard monetary value of land resources in Ukraine was estimated at UAH 330 trillion2 . Meanwhile, the structure of the land resources and land use shows rather serious disparities whose deepening may pose a threat to the quality of the natural and life environment, and the effectiveness of the business activity, i.e., sustainable development of the national economy. For instance, Ukraine demonstrates an extremely high rate of development of the life environment: over 92% of its territory is involved in economic circulation, and only some 8% (4.5 million hectares) is in its natural state. The tillage rate of the territory is similarly high – over 54% (in developed European countries – no more than 35%). The actual forest rate of the Ukrainian territory is only 16%, which is insufficient for the environmental balance (European average – 25-30%). The territory under surface waters steadily goes down (from 1991 – by 12.5 thousand hectares), further aggravating the problem of shortage of water resources in Ukraine. There are problems in land relations, whose reformation, commenced in 1991, is not over. Respectively, creation of the land legislation, registers and databases necessary to ensure land ownership rights and effective control of observance of the norms and rules of proper land use remain unaccomplished. In such situation, the quality of the state land policy, its effectiveness, professionalism, correspondence to principles of proper management of the national land resources acquire particular importance. Discussed below are some features of the state land policy and its main problems hindering effective use of the main national wealth – land, free access to that wealth for individuals and legal entities, unconditional respect for ownership rights.
- Topic:
- Development, Natural Resources, Governance, Land Rights, and Land
- Political Geography:
- Europe and Ukraine
66. The Resurgent Idea of World Government
- Author:
- Campbell Craig
- Publication Date:
- 07-2008
- Content Type:
- Journal Article
- Abstract:
- The idea of world government is returning to the mainstream of scholarly thinking about international relations. Universities in North America and Europe now routinely advertise for positions in ''global governance,'' a term that few would have heard of a decade ago. Chapters on cosmopolitanism and governance appear in many current international relations (IR) textbooks. Leading scholars are wrestling with the topic, including Alexander Wendt, perhaps now America's most influential IR theorist, who has recently suggested that a world government is simply ''inevitable.'' While some scholars envision a more formal world state, and others argue for a much looser system of ''global governance,'' it is probably safe to say that the growing number of works on this topic can be grouped together into the broader category of ''world government''—a school of thought that supports the creation of international authority (or authorities) that can tackle the global problems that nation-states currently cannot.
- Topic:
- Government and Governance
- Political Geography:
- Europe and North America
67. Making Markets Work: A Review of CDM Performance and the Need for Reform
- Author:
- Charlotte Streck and Jolene Lin
- Publication Date:
- 04-2008
- Content Type:
- Journal Article
- Abstract:
- The Kyoto Protocol's Clean Development Mechanism (CDM) is the first global market mechanism in international environmental law. It has been much lauded for its success. However, doubts whether the CDM governance structure is robust enough to meet the challenges of regulating an international market mechanism in the long term are emerging. The Executive Board (EB)'s decision-making practice is often not predictable and many of its decisions have come as a surprise to project participants and technical project experts. Members of the EB often have multiple responsibilities which result in a complicated situation of conflicting interests. Finally, private sector participants in the CDM who have been aversely affected by EB decisions have no right of recourse and essentially little if any due process rights. This article argues that incorporating mechanisms to promote procedural fairness and creating an appeals process for aggrieved CDM participants will promote transparency and accountability in the CDM decision-making processes. This is essential for the sound operation of the CDM regulatory regime which will have a direct positive effect on the international carbon market. After conducting a comparative analysis of other regimes in which international bodies take decisions that directly affect individuals, most notably the system of targeted sanctions of the UN Security Council and the Anti-Doping Regime, as well as examining the World Bank Inspection Panel and the European Ombudsman as models of international review mechanisms, the authors set out proposals for reform of the CDM, including professionalizing the EB and the panels, securing better and more consistent funding, the elimination of political interference, and the introduction of administrative law-like processes.
- Topic:
- Security, Governance, and Reform
- Political Geography:
- Europe
68. Russia and the EU: The Difficult Path to a New Partnership
- Author:
- Dieter Dettke
- Publication Date:
- 09-2008
- Content Type:
- Journal Article
- Journal:
- European Affairs
- Institution:
- The European Institute
- Abstract:
- The author delves into the historical factors that worked against acceptance in Russia of Western-style governance. Despite the disappointments associated with Putin's rule, events in Georgia must not blind Europe to its long-term need for a stable relationship with Russia. Berlin and Paris see that – and Moscow will eventually see it, too.
- Topic:
- Governance
- Political Geography:
- Russia, Europe, Paris, Georgia, and Berlin