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Begin New Search Topic Government Content Type Journal Article Publication Year within 25 Years

701. Human Rights, International Economic Law and 'Constitutional Justice'

Author:
Ernst-Ulrich Petersmann
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
According to J. Rawls, 'in a constitutional regime with judicial review, public reason is the reason of its supreme court'; it is of constitutional importance for the 'overlapping, constitutional consensus' necessary for a stable and just society among free, equal, and rational citizens who tend to be deeply divided by conflicting moral, religious, and philosophical doctrines. The European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and the European Free Trade Area (EFTA) Court successfully transformed the intergovernmental European Community (EC) treaties and the European Convention on Human Rights (ECHR) into constitutional orders founded on respect for human rights. Their 'judicial constitutionalization' of intergovernmental treaty regimes was accepted by citizens, national courts, parliaments, and governments because the judicial 'European public reason' protected more effectively individual rights and European 'public goods' (like the EC's common market). The 'Solange method' of cooperation among European courts 'as long as' constitutional rights are adequately protected reflects an 'overlapping constitutional consensus' on the need for 'constitutional justice' in European law. The power-oriented rationality of governments interested in limiting their judicial accountability is increasingly challenged also in worldwide dispute settlement practices. Judicial interpretation of intergovernmental rules as protecting also individual rights may be justifiable notably in citizen-driven areas of international economic law protecting mutually beneficial cooperation among citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental, and human rights governance can become more reasonable and more effective if national and international courts cooperate in protecting the rule of international law for the benefit of citizens (as 'democratic principals' of governments) with due regard for human rights and their constitutional concretization in national and international legal systems.
Topic:
Government
Political Geography:
Europe

702. U.S.-Korea Relations

Author:
Victor D. Cha
Publication Date:
10-2008
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The big news in the penultimate quarter of 2008 centered on leadership ills (literally) in North Korea and Pyongyang's rolling back of the six-party denuclearization agreement. On the U.S.-ROK front, President George W. Bush made his last trip to Asia of his presidency, stopping for a brief visit in South Korea on his way to the Beijing Olympics. While the free trade agreement (FTA) remains mired in U.S. domestic politics, important low-key agreements were reached to help bolster the people-to-people aspects of the alliance. As the quarter ended, the Bush administration was making preparations to make what some described as a last ditch effort to salvage the aid-for-denuclearization deal with North Korea by sending Six-Party Talks negotiator Christopher Hill to Pyongyang for a third time.
Topic:
Government
Political Geography:
United States, Beijing, Asia, South Korea, and North Korea

703. U.S.-Southeast Asia Relations

Author:
Sheldon W. Simon
Publication Date:
10-2008
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The cancellation of a draft peace agreement between the Moro Islamic Liberation Front and the Philippine government triggered renewed violence in the Philippine south and allegations that U.S. forces are involved in Philippine armed forces suppression activities. Both Manila and Washington deny the charges, though U.S. Special Operations Forces have been training the Philippine military in Mindanao since 2002. The U.S. has added new sanctions against Burma's junta and continues to criticize its political repression, while aid for the victims of Cyclone Nargis remains under the Burmese military's control. Ratification for ASEAN's new Charter by its member states has been achieved by eight of the 10 countries. The delays include concerns in the Indonesian and Philippine legislatures about Burma's detention of Aung San Suu Kyi as well as the junta's insistence that any ASEAN Human Rights Commission be toothless. The U.S. State Department has expressed concern over the Malaysian government's arrest of opposition leader Anwar Ibrahim on suspicious sodomy charges. Malaysian leaders responded angrily that the U.S. complaint constitutes interference in Kuala Lumpur's domestic politics and that Washington is not “the policeman of the world.”
Topic:
Development and Government
Political Geography:
United States, Indonesia, Malaysia, Philippines, Burma, and Southeast Asia

704. Japan-Korea Relations

Author:
Ji-Young Lee and David C. Kang
Publication Date:
10-2008
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
Although there was little movement in Japan's relations with North Korea, this quarter was dominated by the news leaking out of North Korea in early September that Kim Jong-il was potentially very sick. Questions about Kim's health, the status of his leadership in North Korea, and the future of North Korea's leadership quickly dominated discussion. Coupled with Japanese Prime Minister Fukuda's surprise resignation and the quick choice of Aso Taro as prime minister, Japanese foreign policy was on a brief hiatus while the new leader set his own agenda. Known as a conservative, it is expected that Aso will take a harder line toward the North – and the region more generally – than did Fukuda. But his official appointment, coming on Sept. 24, was so recent that it is too early to see how Aso plans to proceed. Thus, there was actually little substantive change in Japan's relations with North Korea, and the quarter ended basically where it began.
Topic:
Government and Politics
Political Geography:
Japan, North Korea, and Korea

705. Building Counter-Terrorism Capacity Across Borders: Lessons from the Defeat of "Revolutionary Organization November 17th"

Author:
Christos Floros and Bruce Newsome
Publication Date:
07-2008
Content Type:
Journal Article
Journal:
Journal of Security Sector Management
Institution:
Centre for Security Sector Management
Abstract:
Since 2001, governments have made more resources available for building counter-terrorist capacity abroad, but performance has not matched the rhetoric. Lessons from the defeat of the November 17th terrorist organization in Greece suggest that political or material commitments are necessary but insufficient conditions of international counter-terrorist capacity-building. More important, but less acknowledged, are the organizational conditions. Governments should encourage more cooperative, less self-reliant cultures in their agencies, develop multi-laterally beneficial objectives, and prohibit activities unauthorised by the host country. Some of the lessons, such as adherence to the same rules of law by all stakeholders, confirm norms in security sector reform. Others, such as increased security sector powers, run counter to those norms.
Topic:
Security, Government, and Terrorism
Political Geography:
America and Greece

706. "The Rise of Afghanistan's Insurgency: State Failure and Jihad"

Author:
Seth G. Jones
Publication Date:
03-2008
Content Type:
Journal Article
Journal:
International Security
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
In 2001 approximately 100 Central Intelligence Agency officers, 350 U.S. Special Forces soldiers, and 15,000 Afghans overthrew the Taliban regime in less than three months while suffering only a dozen U.S. fatalities. They were supported by as many as 100 U.S. combat sorties per day. Some individuals involved in the operation argued that it revitalized the American way of war. This initial success, however, transitioned into an insurgency, as the Taliban and other insurgent groups began a sustained effort to overthrow the Afghan government. The fighting, which began in 2002, had developed into a full-blown insurgency by 2006. During this period, the number of insurgent-initiated attacks rose by 400 percent, and the number of deaths from these attacks by more than 800 percent. The increase in violence was particularly acute between 2005 and 2006, when the number of suicide attacks quintupled from 27 to 139; remotely detonated bombings more than doubled from 783 to 1,677; and armed attacks nearly tripled from 1,558 to 4,542. Insurgent-initiated attacks rose another 27 percent between 2006 and 2007. The result was a lack of security for Afghans and foreigners.
Topic:
Political Violence, Government, and Terrorism
Political Geography:
Afghanistan, United States, Asia, and Taliban

707. Commentary: The Challenge for Turkey's True Friends: the AK Party Closure Case and the West

Author:
Joshua Walker
Publication Date:
04-2008
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
The recent closure case brought against the ruling Justice and Development Party is a direct assault on Turkey's democracy. For this reason, America should not lose the opportunity to swiftly and unequivocally repudiate the establishment's attempts to re-assert control over Turkish politics by undemocratic means. The lack of a concrete resolution on the part of the U.S. in regard to the case has already resulted in a credibility gap. Given America's emphasis on and interest in Turkey's democracy and attendant reform process, a simple re-affirmation of its commitment to citizen's choices in free and fair elections would send a powerful message to a country that is on edge. Instead, Turkey is left with 'friends' who lack credibility and resolve at the worst possible moment. If the ruling party and its leadership are banned from political life, not only will Turkey lose its credibility in the Middle East as the only indigenous Muslim-majority democracy, the United States will also lose credibility in the world theatre for failing to support democracy in Turkey.
Topic:
Civil Society, Democratization, Government, Islam, Politics, and United Nations
Political Geography:
America and Turkey

708. Commentary: Containing the Political Space: Party Closures and the Constitutional Court in Turkey

Author:
Yusuf Şevki Hakyemez
Publication Date:
04-2008
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article discusses the limits of the freedom of political parties in Turkey. The political party bans constitute one of the most important problems threatening the freedom of political parties in Turkey. The restrictions on the political parties come to the fore in two different forms: dissolution after the military coups and closure by means of legislation. In the current context of the case opened against the AK Party, it may be possible and advisable to apply an amendment, bringing Turkish jurisprudence in such matters in line with the standards of the European community. It is concluded that the Constitutional Court should interpret cases of the dissolution of political parties in the context of the principles of "secularism" and the "unitary state" in such a way as to take into account the requirements of the principle of "the rule of law" and to allow different political alignments to express themselves in a "human rights respecting" and "democratic" country.
Topic:
Democratization, Government, Human Rights, Politics, and Law
Political Geography:
Turkey

709. 'We Can't Spy ... If We Can't Buy!': The Privatization of Intelligence and the Limits of Outsourcing 'Inherently Governmental Functions'

Author:
Simon Chesterman
Publication Date:
11-2008
Content Type:
Journal Article
Abstract:
Though it lags behind the privatization of military services, the privatization of intelligence has expanded dramatically with the growth in intelligence activities following the 11 September 2001 attacks on the United States. The recent confi rmation by the Director of the CIA that contractors have probably participated in waterboarding of detainees at CIA interrogation facilities has sparked a renewed debate over what activities it is appropriate to delegate to contractors, and what activities should remain ' inherently governmental ' . The article surveys outsourcing in electronic surveillance, rendition, and interrogation, as well as the growing reliance on private actors for analysis. It then turns to three challenges to accountability: the necessary secrecy that limits oversight; the different incentives that exist for private rather than public employees; and the uncertainty as to what functions should be regarded as ' inherently governmental ' and thus inappropriate for delegation to private actors.
Topic:
Government
Political Geography:
United States

710. Malaysia's 2005–2006 refugee stand-off with Thailand: a security culture analysis

Author:
Peter Hourdequin
Publication Date:
05-2008
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
In September of 2005, Malaysia–Thailand relations were stressed by an incident in which 131 Thai Muslims fled across the Southern Thai border to seek refuge in Malaysia. The Malaysian government initially refused to return these 'asylum seekers,' and eventually chose to internationalize the situation by calling on the United Nations High Commission on Refugees (UNHCR). Malaysia's decision to internationalize the issue points to potential instability in Malaysia-Thailand bilateral relations and reflects several internal political problems faced by United Malays National Organization (UMNO) central decisions makers. This paper seeks to explain the Malaysian central government's security perspective on the northern border region. To do this, I employ Muthiah Alagappa's framework for security culture analysis in an attempt to understand Malaysian security culture from the perspective of that culture's central decision makers themselves. (Alagappa, M ed., (1998) Asian Security Practice: Material and Ideational Influences. Stanford: Stanford University Press.)
Topic:
Security and Government
Political Geography:
Malaysia, Asia, and Thailand