Publication Year: within 10 Years / Topic: Law

151. DACA, DAPA, and Discretionary Executive Power: Immigrants Outside the Law

Publication Date:: 06-2019
Content Type:: Journal Article
Journal:: California Journal of Politics and Policy
Institution:: Institute of Governmental Studies, UC Berkeley
Abstract:: In June 2012, President Barack Obama announced the creation of DACA, a program which instructed executive branch officials to exercise their administrative discretion to defer the deportation of eligible applicants. Two years later, in November 2014, President Obama announced the DAPA program, which expanded DACA and extended this exercise of discretion to parents of U.S. citizens or permanent residents. Both announcements were met by controversy. Critics charged that, by altering the legal regime from one in which undocumented immigrants were to be deported to one of “executive amnesty,” President Obama exceeded his authority, turning him into an “emperor” or a “king.” The President’s supporters insisted, rather, that President Obama was acting fully within his executive authority. Understanding this debate requires one both to delve into the complicated legal context, and to look beyond legal doctrine. The controversy reflected broader concerns about discretionary executive power and the law, linked to anxiety regarding the sovereign’s head of state as “he who decides on the state of exception.” It also derived from specific concerns about President Obama as the embodiment of the sovereign: his racialized body, depicted as illegitimate and foreign, furthered the perception of his policies as illegal. Lastly, the fact that undocumented immigrants are not perceived as members of the body politic helped to produce this vision of DACA and DAPA as lawless action. In this telling, the sovereign actor, the beneficiaries of his action, and the act itself were all cast as illegitimate through a mutually reinforcing logic; all were exceptions that stood “outside the law.”
Topic:: Race, Immigration, Law, Citizenship, and Immigrants
Political Geography:: United States and California

152. Hong Kong’s Escalating Protests: Three Questions

Author:: John J. Chin
Publication Date:: 12-2019
Content Type:: Special Report
Institution:: Georgetown Journal of International Affairs
Abstract:: Hong Kong, once renowned as an apolitical and orderly British entrepôt, is now seething with political discontent, student unrest, and pro-democracy protests. Nothing less than the future of “one country, two systems”—the framework through which China agreed to maintain Hong Kong’s autonomy for fifty years in exchange for British agreement to restore Hong Kong to Chinese sovereignty in July 1997 after more than a century of British administration—is at stake.
Topic:: Government, History, Social Movement, Law, Democracy, and Protests
Political Geography:: Asia and Hong Kong

153. The Way Forward for Legal Education Reform in Ghana

Author:: S. Kwaku Asare
Publication Date:: 10-2019
Content Type:: Policy Brief
Institution:: Ghana Center for Democratic Development
Abstract:: Abstract
Topic:: Education, Law, and Legal Theory
Political Geography:: Africa and Ghana

154. Future Space Controls and the Invisible Hand

Author:: Nonproliferation Policy Education Center and American Bar Association Standing Committee on Law and National Security
Publication Date:: 09-2019
Content Type:: Working Paper
Institution:: Nonproliferation Policy Education Center
Abstract:: The Nonproliferation Policy Education Center (NPEC) and the American Bar Association Standing Committee on Law and National Security (SCOLNS) held a law and policy workshop on Thursday, June 20, 2019. The workshop was the second collaboration between NPEC and SCOLNS, and it concerned the legal and policy issues that are emergin as space becomes increasingly commercialized and accesible. As the emerging space domain presents new challenges and opportunities, it is the hope of SCOLNS and NPEC that this report will guide future legal and policy decisions. The workshop sought to address a series of questions regarding national security challenges in space: Commercial Space: What will be profitable and when? Future Undesirable Space Conjunctions: Who is and should be liable? Insuring Against Unwanted Space Conjunctions: What new norms, regulations, laws, and understanding might be desirable? The workshop was comprised of experts from NPEC, SCOLNS, the U.S. Air Force, the Defense Intelligence Agency, the Department of Commece, the Department of States, nonprofits, think tanks, academia, and private companies and individuals. The discussion was governed under Chatham House rules, and therefore ideas and group affiliations from the workshop were not attributed to specific individuals.
Topic:: Science and Technology, Law, Space, Public Sector, Norms, and Private Sector
Political Geography:: Global Focus

155. The WTO's Existential Crisis: How to Salvage Its Ability to Settle Trade Disputes

Author:: Jeffrey J. Schott and Euijin Jung
Publication Date:: 12-2019
Content Type:: Policy Brief
Institution:: Peterson Institute for International Economics
Abstract:: US refusal to allow the appointment of new judges (or members) to the World Trade Organization’s Appellate Body—a key component of its renowned dispute settlement system—has pushed the organization into an existential crisis. The Appellate Body no longer has the requisite number of members to hear new cases on appeal. The terms of two of the three remaining members have expired, leaving the WTO without an appeal function. US officials charge that certain Appellate Body decisions on WTO dispute panel rulings have expanded WTO obligations and constrained WTO rights—what trade lawyers call “judicial overreach”—and so they have blocked the appointment of new Appellate Body members until other WTO countries address US complaints. Schott and Jung analyze the WTO cases brought against the United States and find that the problem of judicial overreach seems to surface primarily in a subset of US losses in antidumping and countervailing duty (AD/CVD) cases that target specific methods of calculating dumping margins. They warn that disabling the whole appellate system is a disproportionate response to the specific problem. It will weaken enforcement of WTO obligations and undermine prospects for negotiations to update the WTO rulebook, thus corroding the rules-based trading system, one that has been modeled on US law and practice. A better approach would be to exempt AD/CVD cases from appellate review (while still subjecting them to dispute panel rulings). This targeted change in the WTO Appellate Body process, coupled with procedural reforms already advanced in proposals that have been widely supported by WTO members, could mitigate US concerns and allow the Appellate Body to be repopulated.
Topic:: Government, World Trade Organization, Law, Judiciary, and Trade
Political Geography:: North America and United States of America

156. Free Willy! Japan Resumes Commercial Whale Hunting

Author:: Veronika Bílková
Publication Date:: 11-2019
Content Type:: Policy Brief
Institution:: Institute of International Relations Prague
Abstract:: In late 2018, Japan announced that it would withdraw from the International Convention on the Regulation of Whaling and leave the International Whaling Commission. It did so due to its disapproval of the ban on commercial whaling, which has been in force for the Parties of the Convention since 1986, and to its decision to resume whalle hunt since the summer of 2019. This reflection first gives an overview of the evolution and the structure of the international legal regime related to whaling and of the history of Japan’s relationship with this regime. It then shows that the Japan’s attempt to justify the resumption of commercial whaling by the principle of sustainable use of living marine resources cannot be successful for both practical and normative reasons.
Topic:: Environment, Treaties and Agreements, Law, Hunting, and Whaling
Political Geography:: Japan and Asia

157. One Step Forward, Two Steps Back: Legal Arguments on the Visa–Free Travel of Turkish Citizens to the EU

Author:: A. Aslı Bilgin and Pierluigi Simone
Publication Date:: 08-2019
Content Type:: Journal Article
Journal:: Uluslararasi Iliskiler
Institution:: International Relations Council of Turkey (UİK-IRCT)
Abstract:: Within the scope of the Readmission Agreement signed in 2013 between the European Union (EU) and Turkey, the EU will grant visa–free travel for Turkish citizens in exchange for Turkey readmitting the illegally resident of third- country nationals transited through the territory of Turkey to Europe. However, in accordance with the EU–Turkey Association Law and the case–law of the Court of Justice of the European Union (CJEU), visa-free travel could be valid for Turkish citizens who would conduct or plan to conduct economic activity in the EU since the entry into force of the Additional Protocol (AP) of 1970 and Association Council Decision (ACD) No.1/80. This paper examines whether visa–free travel for Turkish citizens is an already-acquired right stemming from the EU–Turkey Association Law or would be a favor given by the EU in exchange for signing the Readmission Agreement, via the interpretation of Article 41 (1) of the AP and Article 13 of ACD 1/80, in light of the case–law of the CJEU.
Topic:: Bilateral Relations, Law, European Union, and Citizenship
Political Geography:: Europe, Turkey, Middle East, and Mediterranean

158. Third UN Conference on Law of the Sea (1973–1982): Promoting Peace, Security, Law, and Order in the Oceans

Author:: Monika Chansoria
Publication Date:: 04-2019
Content Type:: Policy Brief
Institution:: Japan Institute Of International Affairs (JIIA)
Abstract:: The Third UN Conference on the Law of the Sea spanning between 1973 and 1982 remains engraved as an exceptional event in the pages of history of international relations, being one of the most ambitious projects of the United Nations, represented with nearly all of the international community. The Conference was viewed as a test of constructive international cooperation in an increasingly interdependent system where such cooperation was extremely vital.1 By means of Resolution 2750C(XXV), the UN General Assembly on December 17, 1970, decided to convene the Third Conference on the Law of the Sea in 1973, and instructed the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction to act as a preparatory body for this conference. The Committee held six sessions and a number of additional meetings in New York and Geneva between 1971 and 1973 following which the UN General Assembly requested the UN SecretaryGeneral to convene the first session of the Third UN Conference on the Law of the Sea in 1973 in New York to deal with organizational matters, and a second session in 1974, as well as subsequent sessions if necessary, to deal with substantive work (as per Resolution 3029 (XXVII).
Topic:: Security, United Nations, Law, Law of the Sea, and Peace
Political Geography:: Global Focus

159. A Socio Political Status of Minorities in Pakistan

Author:: Iram Khalid and Muhammad Rashid
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Journal of Political Studies
Institution:: Department of Political Science, University of the Punjab
Abstract:: The groups of people based on religion, language or ethnicity living in a state but in lesser numbers are called minorities. The minority groups have been living in Pakistan amicably since independence and have been playing their active role in the development of society especially in education and health sectors. Despite being living in conducive environment as good and responsible citizens, the minority groups have been facing inequality, discrimination and victimization by both the state and society. These minorities have been marginalized in almost every segment of life including employment, education, and top of all-the religious freedom. The minorities, especially the Christians have some serious issues about their security and often mention that they have been targeted especially under Blasphemy Law in which they have been prosecuted in the name of religion. Most of these blasphemy cases have been found out to be the result of personal enmity and religious vendettas. The government needs to address these issues of minorities on emergency footings for an inclusive and moderate Pakistani society.
Topic:: Religion, Law, Minorities, and Freedom of Religion
Political Geography:: Pakistan and South Asia

160. Guiding and Protecting Prosecutors: Comparative Overview of Policies Guiding Decisions to Prosecute

Author:: Howard Varney, Shenali De Silva, and Alexandra Raleigh
Publication Date:: 10-2019
Content Type:: Working Paper
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: Prosecution guidelines provide benchmarks for decision making and act as a shield for prosecutors in the face of undue influence, pressure, or interference. Prosecutors pursuing sensitive cases, such as those involving mass atrocities, ought to do so by applying binding, objective, fair and publicly known criteria. This report presents a comparative overview of prosecution guidelines from around the world in "ordinary" times and in the context of post-conflict transitions.
Topic:: Law, Transitional Justice, Criminal Justice, and Justice
Political Geography:: Global Focus

161. Identifying and Responding to Criminal Threats from Venezuela

Author:: Moises Rendon and Arianna Kohan
Publication Date:: 07-2019
Content Type:: Working Paper
Institution:: Center for Strategic and International Studies
Abstract:: Nicolás Maduro, following former president Hugo Chavez’s legacy, fostered the creation of a criminalized state in Venezuela that uses transnational organized crime as an instrument of state power.1 According to a research report published after five years of fieldwork, the Venezuelan state is part of a consortium of criminalized actors working in concert with other states and nonstate actors with shared objectives. This brief is meant to describe the ongoing criminal activities in Venezuela, including global money laundering, corruption, narcotrafficking, illegal mining, and the role of foreign nations and non-state actors in Venezuela. The breadth of these criminal activities helps demonstrate why the Maduro regime remains in power despite stiff international and domestic pressure. This brief provides specific policy recommendations for Venezuela’s interim government led by Juan Guaidó, as well as for the United States and other like-minded countries. These policy recommendations include prosecutions, sanctions, and the use of other tools that can help increase pressure on the Maduro regime more efficiently.
Topic:: Law, Illegal Trade, and Criminology
Political Geography:: South America and Venezuela

162. Judging The Judges: Need For Transparency and Accountability

Author:: Ajit Prakash Shah
Publication Date:: 07-2019
Content Type:: Research Paper
Institution:: India International Centre (IIC)
Abstract:: One subject that has been rankling me greatly for the past several months, and, I am sure, many of you, too, is that of the accountability of judges. The immediate trigger for my selecting this subject was, of course, the allegations made by a former employee of the Supreme Court of India against the present Chief Justice of India (CJI), and the events that followed. Over the past few months, several people have expressed concerns about how the judiciary must deal with such cases, and the accountability mechanisms that exist to monitor the judiciary in its actions. The issue still remains unanswered, and the incidents that took place reveal the many weaknesses in the in-house mechanism that is employed for resolving such matters. Without passing judgement on the truth or falsity of the allegations, I must admit there are certain stark facts that stand out which demand consideration. A permanent employee of the Supreme Court of India was removed from her post on the flimsy allegation of availing casual leave for half-a-day, and protesting against her seating arrangement. Her relative was dismissed from the same service soon thereafter. She made allegations of sexual harassment against the CJI, in response to which an unusual hearing took place on a Saturday, without a petition having been moved. In what was termed as a ‘Matter of Great Public Importance Touching upon the Independence of the Judiciary’, the person holding the highest judicial office in the land sat as a judge on his own case. Three judges attended that hearing, but the order that emerged was surprisingly signed only by two of those three, with the Chief Justice choosing to abstain.
Topic:: Law, Supreme Court, Accountability, Judiciary, and Legal Sector
Political Geography:: India

163. The Other's Shoes

Author:: Prabha Sridevan
Publication Date:: 07-2019
Content Type:: Research Paper
Institution:: India International Centre (IIC)
Abstract:: This is a sharing of my journey as a lawyer and as a judge, and about the right to dignity. This right precedes the Constitution; it probably dates to when we became homo sapiens and expected to be treated with dignity. In our Preamble, ‘We the people’ solemnly resolved to secure to all citizens, Justice, Liberty, Equality and Fraternity. Fraternity, which is the least understood term, assures the dignity of the individual. But first, let me tell you how I became a lawyer and about that journey. Was it easy becoming a lawyer, and then a judge? people ask me. It was, in a way, and therefore my experience is not the standard sample case for other women. I joined law college 13 years after my basic degree, my marriage and my children. It was only because my husband was a lawyer. After I got enrolled, I had no trouble finding an office, because I joined my husband’s firm. I learnt the work along the way, not really expecting to head the office. And the clients who came to our office did not really see me either—I was ‘invisible’. They headed straight to the male juniors. I can’t blame them, they probably thought that this lady is there for what is politely called ‘tax purposes’. Slowly, they accepted me, and realised I actually ‘worked’. This went on comfortably and I trundled along.
Topic:: Law, Memoir, and Legal Sector
Political Geography:: India

164. Plagiarism Attitude Scale as a Tool Of Understanding Academic Integrity Values

Author:: Svitlana Chukanova
Publication Date:: 03-2019
Content Type:: Journal Article
Journal:: Studies of Changing Societies Journal (SCS)
Institution:: Studies of Changing Societies Journal (SCS)
Abstract:: As Ukraine has chosen a course to European integration, it is obvious that there is a necessity in revising all the standards and it is very important to pay great attention to education and academic ethics. Especially crucial topics are a violation of Academic Integrity principles such as cheating and plagiarism, thus students must be sure that they know what plagiarism is, and what the consequences of it are.
Topic:: Law, Ethics, Research, Regional Integration, Higher Education, and Academic Integrity
Political Geography:: Europe and Ukraine

165. Breaches of Academic Integrity in Ukraine: Issues on Copyrights Disposal

Author:: Alla Smorodyna
Publication Date:: 03-2019
Content Type:: Journal Article
Journal:: Studies of Changing Societies Journal (SCS)
Institution:: Studies of Changing Societies Journal (SCS)
Abstract:: First part of this paper reviews how Ukrainian law regulates creation, disposal and transfer of the intellectual property rights on educational literary works (books, textbooks, study guidelines etc.) produced by the academics employed in Ukrainian Higher Educational Institutions (so called HEIs). Economic intellectual property rights on such works may belong to the academic, to the University or to them jointly. It is proved that academics enjoy with moral intellectual property rights and are keeping such rights not depending on the fact of transfer of the economic intellectual property rights. Second part of this paper reviews issues on regulation and application of the principles of academic integrity to the academics from the perspective of Ukrainian law. As a result it is studied the consequences of breach of academic integrity principles and its co- relation with copyright infringement.
Topic:: Intellectual Property/Copyright, Law, Higher Education, and Academic Integrity
Political Geography:: Europe and Ukraine

166. Gender, Law, and Security (volume II)

Author:: Beth English
Publication Date:: 12-2019
Content Type:: Working Paper
Institution:: Liechtenstein Institute on Self-Determination, Princeton University
Abstract:: This volume is a sampling of research conducted by student fellows in the Project on Gender in the Global Community (GGC) at the Liechtenstein Institute on Self-Determination at Princeton University. Over the course of the 2018-19 academic year, GGC fellows pursued independent, academically rigorous research around a topic of their choosing. The papers in this volume represent a variety of disciplines and methodologies, and the range of work undertaken by students throughout the year—some in connection to course work, junior policy seminars and senior theses, others as stand-alone research papers, and still others as short framing essays intended to serve as starting points for larger long-term research projects. The volume is divided into three sections focusing on 1) gender and domestic political contexts, 2) violence against women and women in conflict, and 3) policy and political leadership.
Topic:: Gender Issues, Law, Leadership, Gender Based Violence, and Conflict
Political Geography:: Global Focus

167. Refugee Sponsorship Programs: A Global State of Play and Opportunities for Investment

Author:: Susan Fratzke, Lena Kainz, Hanne Beirens, Emma Dorst, and Jessica Bolter
Publication Date:: 12-2019
Content Type:: Policy Brief
Institution:: Migration Policy Institute (MPI)
Abstract:: A pair of contradictory trends is challenging humanitarian protection systems around the world: the number of refugees in need of protection has climbed to an all-time high, while at the same time, many countries have reduced their commitments to refugee resettlement. With protection needs high and generosity low, it has become more important to find new ways for refugees to reach safety and to rebuild public consensus around the value of offering protection to those in need. To meet these challenges, governments and civil-society groups in a growing number of countries have begun to explore refugee sponsorship (also called community or private sponsorship), either as a complement or alternative to traditional protection pathways. This MPI Europe policy brief takes stock of sponsorship programs worldwide—from the well-established Canadian private sponsorship program, to much newer and smaller-scale initiatives in countries such as Argentina, Germany, New Zealand, and the United Kingdom. Although government investment and support for such programs are essential, this study also lays out a variety of ways private philanthropic actors can support these programs. Among them: funding the development of informational materials and hotlines for sponsors; investing in program infrastrucrture, such as staff positions within civil-society organizations; and monitoring and evaluation by civil society and/or government. Crucially, the authors note that while much effort in recent years has gone into developing and launching new initiatives, existing programs also face important capacity and funding gaps. “To ensure the capacity of refugee protection systems at a global level,” they write, “strengthening these programs should be viewed as a priority equal in importance to setting up new schemes.”
Topic:: Immigration, Law, Refugees, Investment, and Asylum
Political Geography:: Global Focus

168. Russian Meddling in the United States: The Historical Context of the Mueller Report

Author:: Seth G. Jones
Publication Date:: 03-2019
Content Type:: Working Paper
Institution:: Center for Strategic and International Studies
Abstract:: One of the most significant—and most disturbing—aspects of the Mueller report is the confirmation that Russia attempted to influence the 2016 election, based on the Special Counsel’s exhaustive collection and review of intelligence. This campaign by a foreign adversary represents a serious threat to U.S. national security and is reminiscent of Moscow’s actions during the Cold War. As this CSIS Brief highlights, Moscow has long conducted an “active measures” campaign against the United States, including trying to manipulate U.S. domestic politics. U.S. policymakers now need a forceful response to Russia’s intelligence campaign.
Topic:: Intelligence, Law, Elections, Election Interference, and Rigged Elections
Political Geography:: Russia, Europe, North America, and United States of America

169. The Chartered Rights of Americans: A Kirkian Case for the Incorporation of First Amendment Rights

Author:: Luke C. Sheahan
Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Humanitas
Institution:: The Center for the Study of Statesmanship, Catholic University
Abstract:: Traditionalist conservatives have often expressed hostility to the Supreme Court’s First Amendment jurisprudence, perceiving it as an attempt to accomplish social change undertaken by the court’s current justices while disregarding the original meaning of the Bill of Rights.1 According to this account, rather than recognizing the provisions of the First Amendment to be part of a larger constitutional project that upholds social order and traditional institutions, the court interprets First Amendment clauses so as to undermine the basic structural logic of the Constitution itself. An advocate of this position is the figure many consider to be the godfather of American intellectual conservatism, Russell Kirk.
Topic:: Law, Domestic Politics, and Conservatism
Political Geography:: United States

170. The Concept of Statesmanship in John Marshall’s Life of George Washington

Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Humanitas
Institution:: The Center for the Study of Statesmanship, Catholic University
Abstract:: By any conventional measure, Chief Justice John Marshall’s Life of George Washington (1804) was a flop. Intended to be the authoritative biography of the nation’s most celebrated general and president, the work was widely derided at the time of its overdue publication, and since then has been largely forgotten. Surely the sense of personal embarrassment Marshall experienced must have been keen, for he admired no public figure more than Washington. Amid his Supreme Court duties, he labored for years on the Life, digging deep into American military and political history in hopes of etching in the minds of his fellow citizens the memory of the republic’s foremost founder. Yet in spite of his efforts, on no other occasion were Marshall’s failures more total and public. At one point, Marshall expressed the desire to publish the work anonymously, and one wonders if his wish was motivated less by self-effacement than a faint premonition of the biography’s failure.
Topic:: Law, Military Affairs, Domestic Politics, and Supreme Court
Political Geography:: United States

171. State-Sponsored Homophobia (2019)

Author:: Lucas Ramón Mendos
Publication Date:: 03-2019
Content Type:: Special Report
Institution:: ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:: Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:: Human Rights, Law, LGBT+, and Homophobia
Political Geography:: Global Focus

172. State-Sponsored Homophobia (2019): Global Legislation Overview Update

Author:: Lucas Ramón Mendos
Publication Date:: 12-2019
Content Type:: Special Report
Institution:: ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:: Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:: Human Rights, Law, LGBT+, and Homophobia
Political Geography:: Global Focus

173. Refugees Without Refuge: Turning Refugees Into Terrorists

Author:: Anjum Gupta, Elizabeth Foydel, and Dorothy Harbeck
Publication Date:: 04-2019
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: This panel was part of the "Casting Terror: Intersection of Race and Security Law in a Post 9-11 World" symposium focusing on the intersection of islamophobia and refugee and national security law.
Topic:: National Security, Race, Terrorism, Law, Refugees, Islamophobia, and Asylum
Political Geography:: North America, Global Focus, and United States of America

174. Keynote Speaker: Faiza Patel of the Brennan Center

Author:: Faiza Patel
Publication Date:: 04-2019
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: This keynote was part of the "Casting Terror: Intersection of Race and Security Law in a Post 9-11 World" symposium focusing on the intersection of islamophobia and refugee and national security law.
Topic:: National Security, Refugee Issues, Law, and Islamophobia
Political Geography:: Global Focus and United States of America

175. The Face of National Security: How US National Security & Global Concerns Intersect w/ Race

Author:: Sahar Aziz, Omar Farah, and Jay Rehman
Publication Date:: 04-2019
Content Type:: Video
Institution:: Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:: This panel was part of the "Casting Terror: Intersection of Race and Security Law in a Post 9-11 World" symposium focusing on the intersection of islamophobia and refugee and national security law.
Topic:: Foreign Policy, National Security, Race, Law, and Islamophobia
Political Geography:: Global Focus and United States of America

176. The Role of the Ethical Underpinnings of International Humanitarian Law in the Age of Lethal Autonomous Weapons Systems

Author:: Kaja Kowalczewska
Publication Date:: 01-2019
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: This paper presents selected conclusions related to the theoretical underpinnings of international humanitarian law, with special focus on the understanding of considerations of humanity and the dictates of public conscience (the Martens clause) and their impact on the regulation of lethal autonomous weapons systems. Despite the fact that different positions can be found in the doctrine, it is argued herein that the general principles of international humanitarian law are not sufficient to properly regulate the disruptive military technologies (new means and methods of warfare) and a new international norm is needed. Consequently, the paper agglomerates extra-legal and cross-cutting arguments stemming from other normative regimes that point to prioritization of the value of human life and the role and quality of the human factor in decision-making procedures relating to the health and life of victims of modern armed conflicts, which should be incorporated in it.
Topic:: Law, Ethics, Weapons, Artificial Intelligence, Humanitarian Crisis, and Emerging Technology
Political Geography:: Global Focus

177. 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

178. 'Diagnosing' Statelessness and Everyday State Illegibility in Northern Thailand

Publication Date:: 12-2019
Content Type:: Journal Article
Journal:: Statelessness & Citizenship Review
Institution:: Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:: Statelessness in Thailand is primarily framed first and foremost as an issue of legibility to the state, with an assumption that once a stateless person is ‘properly seen’, due recognition will follow. This article builds on a growing body of literature that examines the limits of evidentiary approach and the burden of proving citizenship as experienced by many stateless persons around the world. I use the anthropological framework of ‘state illegibility’ to encapsulate the systemic violence and burden placed on stateless persons by the state’s opaqueness and inscrutable, contradictory and unpredictable bureaucratic practices. Through three ethnographic accounts in Thailand, I interrogate various forms of state illegibility and their implications. I argue that by not recognising state illegibility, statelessness risks being reduced to an individualised legal status issue, rather than being acknowledged as a symptom of systemic discrimination.
Topic:: Governance, Law, and Stateless Population
Political Geography:: Asia and Thailand

179. Costs and Benefits of Investment Treaties: Practical Considerations for States

Author:: Lisa Sachs, Lise Johnson, Brooke Güven, and Jesse Coleman
Publication Date:: 03-2018
Content Type:: Working Paper
Institution:: Columbia Center on Sustainable Investment
Abstract:: This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
Topic:: Treaties and Agreements, Law, Legal Theory, and Investment
Political Geography:: Global Focus

180. What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

Author:: Mordechai Schenhav
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Polish Political Science Yearbook
Institution:: Polish Political Science Association (PPSA)
Abstract:: The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, reli- gious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Iden- tity of an exemplary liberal Democratic Nation State.
Topic:: Nationalism, Law, Legislation, State Building, Identity, and Equality
Political Geography:: Middle East and Israel

181. From coup to constitution: The impact of Turkey’s attempted coup on the constitutional referendum – a series on Turkish constitutionalism, part 2

Author:: Mason Hill
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the second in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. At Erdoğan’s election in 2002, he appeared to be the latest in a line of populists elected to office. Initially, his success seemed the result of an ability as an Islamist to appease the concerns of the secular establishment. This was bolstered by his stated commitment to Turkey’s accession to the European Union. While in the 1990s Islamist reformers failed to pass institutional reforms aimed at decreasing military control of Turkish politics, the military allowed Erdoğan the space to pursue institutional reform that would enhance Turkey’s chances of becoming a member of the European Union. This attempt by the Justice and Development Party (AKP) to reimagine Turkish democracy for the 21st century took the form of a general push for constitutional reform.
Topic:: Politics, Governance, Law, Elections, Constitution, Recep Tayyip Erdoğan, and Coup
Political Geography:: Turkey and Middle East

182. Remembering 1962: The Turkish constitutional referendum in context a series on Turkish constitutionalism, part 1

Author:: Mason Hill
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: This is the first in a three part series on Turkish constitutionalism one year after the 2017 constitutional referendum. Constitutions are nations’ mission statements, and articulate pre-political commitments that turn residents into citizens, and borders into a nation. In Turkey, generations of political leaders have used constitutional reform as an opportunity to set their political agenda and highlight their priorities. The 2017 referendum must be understood in the context of a democracy where voters have experienced successive constitutional reforms aimed at complementing the mission each new generation of leaders gives itself. A view of modern Turkish history reveals the tendency of leaders to use constitutional reform to address deficiencies in their respective administrations, and reflects the latent tension between populism, military intervention, and constitutional integrity.
Topic:: Politics, History, Law, Reform, and Constitution
Political Geography:: Europe, Turkey, and Middle East

183. After ISIL: Justice and Protection for Children in Iraq

Author:: John Millock
Publication Date:: 01-2018
Content Type:: Journal Article
Journal:: Harvard Journal of Middle Eastern Politics and Policy
Institution:: The John F. Kennedy School of Government at Harvard University
Abstract:: ISIL recruited children through a variety of means, including abducting children from orphanages and hospitals, or offering to pay parents hundreds of dollars a month in exchange for each child’s attendance at military training. Additionally, child soldiers were often taken from particular ethnic groups or religious communities, such as Yazidis and Christians, as a means to terrorize these groups. Since the territorial collapse of ISIL began in 2017, many of these child soldiers have defected; some fled ISIL territory and are living anonymously in Europe while others returned to their home countries. Debates about how national legal systems should handle these former child soldiers have arisen in all of these jurisdictions. In Iraq, which has dealt with a particularly large number of former ISIL child soldiers, there have been concerns about the national justice system’s capacity to adequately address the prosecution and rehabilitation of ISIL’s former child soldiers.
Topic:: United Nations, Law, Children, Violent Extremism, Islamic State, Transitional Justice, Conflict, and Criminal Justice
Political Geography:: Iraq and Middle East

184. Finding the good in EVEL: An evaluation of ‘English Votes for English Laws’ in the House of Commons

Author:: Daniel Gover and Michael Kenny
Publication Date:: 01-2018
Content Type:: Research Paper
Institution:: Mile End Institute, Queen Mary University of London
Abstract:: Recent political developments have focused attention on the ‘English Question’. In response to the 2014 Scottish referendum result, the UK government initiated a procedural reform in the House of Commons known as ‘English Votes for English Laws’ (EVEL), which was formally adopted in October 2015. This report results from an in-depth academic research project into EVEL. It evaluates how the procedures fared during their first year in operation, and weighs arguments for and against such a reform. Based on this analysis, it makes a series of constructive proposals to improve the current system.
Topic:: Politics, Law, Elections, Democracy, Identities, and Voting
Political Geography:: Britain and United Kingdom

185. The evolution of the EU law against criminal finance: the "hardening" of FATF standards within the EU

Author:: Leonardo Borlinia and Francesco Montanaro
Publication Date:: 03-2018
Content Type:: Working Paper
Institution:: Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
Abstract:: This article examines the recent evolution of the EU anti-money-laundering (AML) and counter-terrorist financing (CTF) legislative framework, focusing on the relationship between the main international standards in the field and the newest EU legislation. It suggests that international soft law norms—in particular, the Financial Action Task Force (FATF) Recommendations—have had a decisive influence on the latest development of legislation at the EU level and within its member states. It further argues that mainly the preventive component of the AML/CTF legislation will be strengthened by the EU instruments adopted in mid-2015. However, this Article concludes that the adoption of global soft standards has posed significant challenges to the EU legislative framework. The arguments are developed in four parts. The Article first highlights the main regulatory prescriptions that stem from the study of the phenomenology and the economics of AML/CTF regulation and underpin the current international regulatory paradigm. Second, it explores the evolution of the main international instruments in the field with a special focus on the role played by the FATF Recommendations. It also illustrates the relation between these instruments and the adoption of the new EU AML/CTF legislation from two different, but complementary, angles: (1) noting that the current international AML/CTF framework has a multidisciplinary approach, the Article focuses on the framework's repressive component and assessing the limits of the EU criminal approach against money laundering and terrorist financing; and (2) examining the recent EU preventive legislation and addressing the main challenges posed to the EU legislative framework when attempting to accommodate global standards, especially regarding tensions with fundamental freedoms and human rights protected within the EU.
Topic:: Corruption, Crime, Economics, International Trade and Finance, Law, Finance, and Global Political Economy
Political Geography:: Global Focus

186. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:: CPR-Namati Environmental Justice Program
Publication Date:: 12-2018
Content Type:: Special Report
Institution:: Centre for Policy Research, India
Abstract:: The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:: Environment, Law Enforcement, Law, and Regulation
Political Geography:: South Asia, India, and Asia

187. Caring for the coast- Building regulatory compliance through community action

Author:: CPR-Namati Environmental Justice Program
Publication Date:: 04-2018
Content Type:: Case Study
Institution:: Centre for Policy Research, India
Abstract:: Across the globe, the “development experience” of communities varies depending on their socioeconomic and political backgrounds. As a result of advancing developmental projects, a few communities are invariably made to pay a disproportionate share of the environmental costs in the form of exposure to toxic waste, loss of livelihood, and restrictions on mobility or access to common resources. This injustice, more than often not, is an outcome of active noncompliance and violation of environmental regulations by the projects . The Centre for Policy Research–Namati Environmental Justice Program is an effort towards closing this environment regulation enforcement gap. We have created a network of community-based paralegals, called as enviro-legal coordinators (ELCs), who work with affected communities using an evidence-based legal approach. As a part of this approach, the ELCs combine their understanding of the law, negotiation and mediation skills, and understanding of local contexts to assist affected communities in the use of the law to resolve environmental conflicts. They help the communities to understand relevant laws and environmental regulations and support them in engaging with institutions using these laws for better enforcement of regulatory compliance on the ground. This approach also develops a collaborative space for institutions and citizens to craft practical and sustainable remedies for the impacts that communities experience. This publication is a compendium of a few cases undertaken by the CPR–Namati Program’s ELCs working across the coastal belt in Gujarat and North Karnataka. These case stories capture the process of our work and illustrate the systematic, evidence-based legal approach followed by the ELCs along with the affected coastal community members to resolve conflicts arising from noncompliance or improper implementation of environmental regulations. These case stories are divided into three major thematic sections as follows: Section 1: Establishment and Activation of Gujarat’s District-Level Coastal Committees (DLCCs) as per Coastal Regulation Zone (CRZ) Notification, 2011: This section includes case studies from Gujarat, where ELCs worked towards establishing or activating District-Level Coastal Committees, an institution set up for better implementation of CRZ regulations and protection of rights of traditional coastal communities. Section 2: Securing Housing Clearances for Coastal Communities under Coastal Zone Regulation Notification, 2011 in North Karnataka: This section includes case studies from Uttara Kannada, a district in North Karnataka, where ELCs supported members of coastal communities in securing housing clearances under the coastal protection law. Section 3: Legal Empowerment in Practice: Two Case Stories: This section has two case stories from our field sites in Gujarat that illustrate the process and outcomes of legal empowerment though our work with communities.
Topic:: Development, Environment, Natural Resources, Law, Oceans and Seas, and Pollution
Political Geography:: South Asia, India, and Asia

188. The Legal Regime and Political Economy of Land Rights Of Scheduled Tribes in the Scheduled Areas of India

Author:: Namita Wahi and Ankit Bhatia
Publication Date:: 03-2018
Content Type:: Special Report
Institution:: Centre for Policy Research, India
Abstract:: Context: India holds the unique distinction of being both the world's largest constitutional democracy and also one of its fastest growing economies. Critical to the process of India's economic development is state acquisition of land for infrastructure and industrial development. Creating a legal framework that ensures equitable and efficient acquisition of land by the state, through processes that are socially inclusive and politically feasible, has proved challenging. While the Indian Constitution guarantees property rights to all, it enshrines special protections for land rights of ‘Scheduled Tribes’, vis-a-vis the state and other communities, in geographically demarcated tribal majority areas known as ‘Scheduled Areas’ under the Fifth and Sixth Schedules of the Constitution. The currently designated Fifth Scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan. The currently designated Sixth Schedule areas are in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. The Scheduled Tribes (STs) or adivasis consist of a number of heterogeneous tribal groups that have historically self-identified and been identified by the British colonial and independent Indian states, as lying outside the mainstream of Hindu society, partly because of their ’distinctive culture and way of life as a group’, and partly because of their ‘geographical isolation’. Currently, there are 750 tribes in 26 states and 6 union territories of India. The Constitution guarantees special protections for land rights of Scheduled Tribes in Scheduled areas because land is not only the most important source of tribal livelihoods, but it is also central to their community identity, history and culture. Many non-Scheduled area states have also created legal protections for protecting land rights of tribals. However, CPR Land Rights Initiative research shows that despite these special protections, Scheduled Tribes remain one of the most vulnerable, most impoverished, and most displaced of all groups in India. 47.1% of all STs in rural areas are below the poverty line as compared to 33.8% for the national average, whereas 28.8% of all STs in urban areas are below the poverty line as compared to 20.9% for the national average. Inspite of being the only group with constitutional protections for their land rights, 9.4 % of STs are landless compared to 7.4% for the national average. While STs constitute only 8.6% of the total population, it is estimated that they constitute 40% of all people who have been displaced during the period 1951 to 1990, some more than once, due to the construction of dams, mines, industrial development, and the creation of wildlife parks and sanctuaries. Only 24.7% of ST population that was displaced during this period was rehabilitated. Therefore, it is clear that these groups have disproportionately borne the burden of economic development. Why is this so? The CPR Land Rights Initiative report on ‘The legal and political economy of land rights of Scheduled Tribes in the Scheduled Areas of India’, offers some preliminary answers to these questions. Through a review of constitutional provisions, laws, and policies, governing the rights of Scheduled Tribes and the administration of Scheduled Areas, and the financial and administrative structures that effectuate these protections, the Report delineates a conflicting regime of protective and displacing laws, as well as conflicting policy narratives underlying these laws which facilitate the displacement of Scheduled Tribes and their corresponding landlessness. The Report also contains extensive primary data on the current mapping of Scheduled areas, and the current distribution of dams, forests, and mining activity, in the Scheduled areas. Key findings: Extent of geographical area, and distribution of forests, dams, and mining activity in Scheduled Areas: The Report establishes for the first time that as much as 13% of India’s geographical area is in the Scheduled Areas. Further, the Report finds that both the concentration of forest cover, and the concentration of dams, is significantly higher in Scheduled area districts (a little over two and a half times) as compared to non-Scheduled area districts. Finally, we find that 90% of all mineral wealth generated in India comes from states that have Scheduled Areas. Fragmented constitutional protections for Scheduled Tribes: The Report concludes that despite the centrality of land to the identity, economy, and culture of the Scheduled Tribes, the constitutional protections for Scheduled Tribes and Scheduled Areas are fragmented and contradictory. The creation of these fragmented protections was in turn a product of two factors. First, even at the time of drafting of the Constitution, many tribal communities were no longer located within the geographically isolated scheduled areas, while many non-tribal communities were resident there, some for several generations. The Constitution makers created safeguards both for tribal people resident in Scheduled areas and those that were residing outside Scheduled Areas, but these fragmented protections failed to fully safeguard the rights of STs. Second, they arose from an inherent contradiction in creating geographically protected areas for Scheduled Tribes, while at the same time imposing no restrictions on the movement of tribals outside those areas, or on the movement of non tribals to those areas. This enabled more dominant non-tribal communities to settle in scheduled areas and in practice displace STs. Special constitutional and legal protections for ST land rights negated by contrary laws: The Report concludes that special constitutional and legal protections for land rights of STs have been diluted by a contrary legal framework comprised of forests, mining, and land acquisition laws. While state land alienation prohibition laws prohibit transfer of land from tribals to non tribals, there is no prohibition on the state acquiring land in Scheduled Areas for its own purposes in the exercise of its power of eminent domain or assertion of its rights over forestland. State led lawfully sanctioned development in the form of dams, mines, industrial development, and wildlife parks and sanctuaries, has historically been the biggest displacer of STs. This is corroborated by data on the intensity of dams and mining activity in the Scheduled Areas as outlined in the Report. Fundamental contradictions between ‘identity based isolation’ and ‘development through integration’ policy narratives of the British and Indian states: The Report finds a fundamental contradiction between two narratives that have characterised the policies of the British colonial state and the independent Indian state. The first narrative, that the Report calls the ‘identity based isolation’ narrative, identifies the tribals as a ‘distinctive group outside mainstream Hindu society’ both in terms of their ‘cultural traits’ and ‘geographical isolation’, and argues that they are keen to preserve their distinctiveness and their isolation. The second narrative called the ‘development through integration’ narrative identifies the tribal way of life as backward, compared to mainstream Indian population and seeks to improve their economic and social indicators to ‘integrate’ or ‘assimilate’ them with the mainstream population. The Report concludes that while both the ‘identity based isolation’ and ‘development through integration’ narratives, characterised the drafting of constitutional protections for STs, post-independence policy making was guided primarily by the latter. STs have however, rejected the ‘development through integration’ narrative as paternalistic and patronising, alleging that it fails to capture their aspirations to ‘develop according to their own genius.’ Meagre financial allocations for ST welfare: Translating policy and legal protections into reality needs financial resources. Even though the Constitution envisages a centralised framework for the administration of tribal areas under the aegis of the President and Governors of states, the responsibility of financing the costs of progressive change increasingly vests with the states. The Report computes significant shortfalls in Planning Commission recommended financial allocations made by both central and state governments in Scheduled area states under the tribal sub plan. Misguided expenditure of allocated funds compounds the problem of shortfall of funds for tribal development.
Topic:: Political Economy, Law, Economies, Constitution, Ethnicity, and Land Rights
Political Geography:: South Asia, India, and Asia

189. Transitional Justice in Tunisia: Tension Between the Need for Accountability and Due Process Rights

Author:: Howard Varney and Katarzyna Zdunczky
Publication Date:: 05-2018
Content Type:: Working Paper
Institution:: The International Center for Transitional Justice (ICTJ)
Abstract:: Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensive framework to redress past abuses and to hold perpetrators to account.
Topic:: International Law, Law, and Transitional Justice
Political Geography:: Africa and Tunisia

190. Case Study: Two Plead Guilty in Pakistan Illicit Procurement Case

Author:: Bridget Leahy and Andrea Stricker
Publication Date:: 03-2018
Content Type:: Case Study
Institution:: Institute for Science and International Security
Abstract:: On March 5, 2018, the Department of Justice and the U.S. Attorney’s Office in the District of Connecticut announced the guilty pleas of two Pakistani men on one count of violating the International Emergency Economic Powers Act (IEEPA).1 Between 2012 and 2013, Muhammed Ismail, 67, and Kamran Khan, 38, purchased U.S. goods on the Commerce Control List (CCL) and subject to the Export Administration Regulations (EAR) or EAR-99 status without a license on behalf of listed or sanctioned entities in Pakistan.2 In one instance, they also used the United States as a turntable, or transshipment point, from which to receive goods from Lithuania. Another defendant, Imran Khan, 43, was involved in the scheme and pled guilty to export violations in a separate case. Muhammad Ismail is the father of Kamran and Imran Khan. The three carried out a scheme to use their businesses Kauser Enterprises LLC-USA, Brush Locker Tools, and North Haven Tools of Connecticut, and Kauser Enterprises in Karachi, Pakistan, to fulfill equipment requests sent by an unnamed co-conspirator residing in Pakistan. The defendants used the address of a Connecticut grocery store or one of the defendants’ residence in Littleton, Massachusetts as the stated end destination for the goods, shipped under the name of their companies. Kamran Khan, and perhaps Muhammed Ismail, often resided in Karachi and operated the Kauser Enterprises, Pakistan location. The unnamed co-conspirator worked for his own company or companies and was an illicit procurement agent filling orders on behalf of the Pakistani Atomic Energy Commission (PAEC), Pakistan Space and Upper Atmosphere Research Commission (SUPARCO), and the National Institute of Lasers and Optronics (NILOP).
Topic:: Crime, Law, and Illegal Trade
Political Geography:: Pakistan, South Asia, and United States of America

191. Lebanon’s 2017 Parliamentary Election Law

Author:: International Foundation for Electoral Systems
Publication Date:: 05-2018
Content Type:: Working Paper
Institution:: International Foundation for Electoral Systems
Abstract:: A new Lebanese government was established in December 2016 and enacted a new election law in 2017. The new law will be in force for parliamentary elections scheduled to be held on May 6, 2018, the first since June 2009. The law’s passage is a significant achievement when considering the fragmented, complex and shifting nature of Lebanon’s politics, which is dominated by two major political and electoral alliances and overlaid by regional rivalries. The new law, however, is not likely to change the political landscape or bring an end to confessionalism in politics, which remains the overall goal in the country’s Constitution. To help you understand this important electoral law, the International Foundation for Electoral Systems (IFES) provides a briefing paper on Lebanon’s 2017 Parliamentary Election Law. The paper provides an analysis of the new election law in comparison to the 2008 election law.
Topic:: Law, Elections, Democracy, and Political Parties
Political Geography:: Middle East and Lebanon

192. Elections on Trial: The Effective Management of Election Disputes and Violations

Author:: Katherine Ellena, Chad Vickery, and Lisa Reppell
Publication Date:: 06-2018
Content Type:: Working Paper
Institution:: International Foundation for Electoral Systems
Abstract:: Mechanisms for election dispute resolution (EDR) must increasingly withstand new forms of sophisticated political and electoral manipulation, most recently illustrated by the Cambridge Analytica whistleblower claims, but previously highlighted by the International Foundation for Electoral Systems (IFES) as a growing concern around the globe. Hence, the right to receive an effective remedy in the elections context, through the efficient and transparent administration of justice, has become even more fundamental. This involves both the protection of procedural justice (for individuals involved in an election dispute or accused of a violation) and the advancement of open justice (for the public at large, which has a stake in the legitimacy of the election process and outcome). This new IFES research paper, Elections on Trial: The Effective Management of Election Disputes and Violations, outlines the fundamental principles for procedural justice and open justice in election cases. Significant attention is often paid to the independence and impartiality of judges or arbiters making decisions on election cases, while the mechanisms through which these cases are managed and publicized are often overlooked. To address this knowledge gap, IFES conducted preliminary comparative desk research on the case management of election dispute resolution in six countries: Mexico, Tunisia, Kenya, Macedonia, Kosovo, and the Philippines, to better understand how case management processes and platforms can help translate established procedure into actual practice. This research was made possible by the generous support of the American people through the United States Agency for International Development under the Global Elections and Political Transitions Program. Institutions dealing with election disputes and violations face enormous challenges as election litigation increases, and as political actors find new ways to undermine the process or to simply ignore laws and rules in place. It can be an extremely difficult task to balance all the different components of procedural justice and open justice in a way that ultimately ensures a just and transparent process for all litigants. The paper presents comparative information illustrating these principles in practice, discusses case management tools and techniques, and provides recommendations for election management and EDR bodies seeking to strengthen the processes and platforms through which elections disputes and violations are resolved.
Topic:: Law, Elections, Election Interference, and Election Dispute
Political Geography:: Kenya, Philippines, Mexico, and Tunisia

193. The Integrity of Elections in Asia: Policy Lessons Applied

Author:: Kyle Lemargie and Silja Paasilinna
Publication Date:: 11-2018
Content Type:: Working Paper
Institution:: International Foundation for Electoral Systems
Abstract:: In response to a recent study by Max Grömping entitled The Integrity of Elections in Asia: Policy Lessons from Expert Evaluations, the International Foundation for Electoral Systems (IFES) produced a briefing paper with some examples of policy lessons applied in practice across Asia. IFES has worked in Asia for the past three decades supporting election management bodies, civil society and other electoral stakeholders in their efforts to promote electoral integrity.
Topic:: Law, Elections, Transparency, and Campaign Finance
Political Geography:: Asia

194. Zainab’s Murder: Heinous Crimes, Speedy Trial and the Challenge of Procedural Rights

Author:: Ali Chughtai
Publication Date:: 12-2018
Content Type:: Journal Article
Journal:: Review of Human Rights
Institution:: Society of Social Science Academics (SSSA)
Abstract:: In early 2018, a seven-year old girl, Zainab Amin, was raped and murdered in district Kasur, Punjab province, Pakistan. The cold-blooded incident shocked the people across the country. These questions included the suspect’s confession before trial, the in-camera trial being completed within four consecutive working days, the cross-examination of 56 witnesses, and the paucity of time given to the defence counsel. In this paper I argue that although such heinous offences should be awarded legally warranted punishment, the courts must ensure that the special criminal procedure does not let go the principle of due process. I take Zainab’s case as an example to see whether the principle of due process and procedural rights of the suspect were ensured as required for a fair trial. The paper puts to critical light the chronological facts of the case (as reported in the press) and relies on applied jurisprudence to underscore the potential/danger of letting go the due process and procedural rights in speedy trials.
Topic:: Crime, Law, Children, Rape, and Due Process
Political Geography:: Pakistan and South Asia

195. Dynamics of Deterrence: A Macroeconomic Perspective on Punitive Justice Policy

Author:: Bulent Guler and Amanda Michaud
Publication Date:: 09-2018
Content Type:: Working Paper
Institution:: Centre for Human Capital and Productivity (CHCP), Western University
Abstract:: We argue that transitional dynamics play a critical role in the evaluation of punitive incarceration reform on crime, inequality and the macroeconomy. Individuals’ past choices related to crime and employment under old policies have persistent consequences that limit their future responses to policy changes. Novel cohort evidence is provided in support of this mechanism. A quantitative model of this theory calibrated using restricted administrative data predicts nuanced, non-monotone dynamics of crime and incarceration similar to the U.S. experience following a single permanent increase in punitive incarceration in the 1980s. Increased inequality and declining employment accompany these changes and are borne unequally across generations.
Topic:: Economics, Law, Human Capital, Macroeconomics, Mass Incarceration, Productivity, and Legal Sector
Political Geography:: United States