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  • Author: Philip Remler
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: The central task for Russian foreign policy in the era of President Vladimir Putin has been to regain the undisputed recognition that Russia is a world power like the Soviet Union before it, a status to which Russia feels entitled.1 The United Nations (UN) is Russia’s most important venue for putting its global aspirations and achievements on display. Russia’s status as a permanent member of the UN Security Council boosts its claim to be part of a global oligarchy and grants it the power to veto or undermine initiatives that it deems contrary to its interests. The concepts underlying Russia’s use of the UN to promote its aspirations form the subject of this paper. Russia, like the Soviet Union before it, devotes great resources to its missions at the UN, especially New York and Geneva. It traditionally cultivates extensive expertise among its mission members, appointing them to UN postings several times over their careers and leaving them in place for long periods. Russian diplomats are noted for their abilities in drafting highly technical UN documents in English—none more so than Sergey Lavrov, currently Russia’s foreign minister and formerly its permanent representative to the UN from 1994 to 2004.
  • Topic: Foreign Policy, Sovereignty, Power Politics, Law, Geopolitics, Legitimacy
  • Political Geography: Russia, United Nations
  • Author: Anirudh Burman
  • Publication Date: 03-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: How should a legal framework for data protection balance the imperatives of protecting privacy and ensuring innovation and productivity growth? This paper examines the proposed data protection legislation in India from the perspective of whether it maintains this balance. In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.1 This paper argues that the bill does not correctly address privacy-related harms in the data economy in India. Instead, the bill proposes a preventive framework that oversupplies government intervention and strengthens the state. This could lead to a significant increase in compliance costs for businesses across the economy and to a troubling dilution of privacy vis-à-vis the state. The paper argues that while the protection of privacy is an important objective, privacy also serves as a means to protecting other ends, such as free speech and sexual autonomy. A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.
  • Topic: Science and Technology, Law, Privacy, Data
  • Political Geography: South Asia, India
  • Author: Julieta Cuellar
  • Publication Date: 05-2020
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: The Eviction Lab’s recently released dataset of evictions in the United States provides rich opportunities for exploring the effect of state and local policies on eviction rates. Just cause eviction ordinances—local laws that outline what constitutes grounds for eviction—have gained traction as a policy solution for addressing the eviction crisis. This paper analyzes the relationship between just cause eviction ordinances and eviction rates and eviction filing rates in four California cities. A difference-in-differences matched case model suggests that there is a statistically significant, large, and negative difference between eviction rates and eviction filing rates before and after the passage of just cause eviction ordinances in the four treatment cities, as compared to the difference in these rates before and after the passage of just cause eviction ordinances in matched control cities. Cities that implemented just cause eviction laws experienced lower eviction, by 0.808 percentage points, and eviction filing rates, by 0.780 percentage points, than those that did not.
  • Topic: Law, Domestic Policy, Eviction
  • Political Geography: North America, United States of America
  • Author: Vedran Dzihic, Gazela Pudar Drasko
  • Publication Date: 08-2020
  • Content Type: Working Paper
  • Institution: Austrian Institute for International Affairs (OIIP)
  • Abstract: It is difficult to imagine what could unite Jürgen Habermas, Francis Fukuyama, Judith Butler, Noam Chomsky, Martha Nussbaum, Michael Walzer, Yuval Noah Harari and Vladimir Mironov.1 However, the renowned Institute for Philosophy and Social Theory in Belgrade (IFDT), founded to settle dissident intellectuals expelled from the university for their involvement in the Yugoslav 1968 protests, managed to do so. An international appeal has reached us in the past few days which has revealed once more the ongoing clandestine attack on freedom of thought and academic autonomy in Serbia. Unfortunately, Serbia is not alone in democratic backsliding, neither in Southeast Europe or Europe more generally, nor at the global level. Democracy has been openly challenged in several EU states, while the most recent developments in the USA have revealed the depth of internal fractures in American liberal democracy. Thus, it is not surprising that the Southeast European region (SEE) - a post-conflict, semi-peripheral area in Europe - faces growing illiberalism and varying types of competitive authoritarianism and new despotism.
  • Topic: Human Rights, Law, Authoritarianism
  • Political Geography: Europe, Serbia
  • 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, Protests
  • Political Geography: Asia, Hong Kong
  • Author: Josh Dean
  • Publication Date: 01-2019
  • 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: A little over a month ago, I wrote of an atmosphere of resignation in Israel among Netanyahu’s political opponents leading up to the Israeli parliamentary elections on April 9th. The smattering of center-left parties seeking to rival Netanyahu’s Likud at the ballot box were divided across a range of tickets, unable to put their egos aside and form a joint bloc capable of presenting a veritable challenge to the incumbent prime minister. The long-reigning Israeli leader’s tenure looked, therefore, set to extend even further. The question was not who will be the next prime minister, but rather “Who will be the next Bibi [Netanyahu]?” as Israeli comedian Tom Aharon quipped. But a lot can change in a day of Israeli politics, never mind a month. As political alliances shift rapidly, the announcement of Netanyahu’s indictment on fraud and corruption charges has further destabilized the already-turbulent atmosphere leading up to the April elections.
  • Topic: Corruption, Politics, Law, Elections
  • Political Geography: Middle East, Israel, Palestine
  • Author: Jacques Singer-Emery
  • Publication Date: 01-2019
  • 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 of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. As explained in Part 1 of this series, the Trump administration’s continued support for the Saudi coalition’s war in Yemen has triggered a range of Congressional responses. Although Congress faces challenges in passing new legislation to denounce Saudi Arabia’s actions in Yemen and its killing of Jamal Khashoggi, the White House’s Saudi policy implicates at least four pieces of existing legislation: the Arms Export Control Act (AECA), the War Powers Resolution, the Foreign Assistance Control Act (FAA), and the Leahy Laws. These laws were all passed during the Cold War to curtail the executive’s increasing ability to unilaterally sell arms, supply military aid, and order U.S. troops to assist allies in a theater of war. The executive must abide by these laws. If the President refuses or cuts corners, Congress can bring him to heel directly via impeachment, or indirectly through court orders that force executive branch agencies to halt the restricted activity.
  • Topic: Government, War, Law, Courts, Legislation
  • Political Geography: Yemen, Saudi Arabia, North America, United States of America, Gulf Nations
  • Author: Jacques Singer-Emery
  • Publication Date: 01-2019
  • 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 third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
  • Topic: Government, International Law, Law, War Crimes, Weapons , Courts, Legislation
  • Political Geography: Yemen, Saudi Arabia, North America, United States of America, Gulf Nations
  • Author: Jacques Singer-Emery
  • Publication Date: 01-2019
  • 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 of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Congress is considering a range of options to express its displeasure with Riyadh after Saudi agents murdered prominent Saudi journalist and critic Jamal Khashoggi at the Saudi consulate in Istanbul in September 2018, and journalists and NGOs around the world continue to highlight human rights abuses perpetrated by Saudi-led coalition forces in Yemen. Of these options, the most notable is the Saudi Arabia Accountability and Yemen Act of 2019. Congress has already voted to condemn President Donald Trump’s unequivocal support for the Kingdom of Saudi Arabia: the Senate voted March 13th to end US support for the war in Yemen, echoing a measure that passed the House in mid-February. But, the Saudi Arabia Accountability and Yemen Act would go further still, sanctioning those in the Saudi government responsible for Khashoggi’s death and curtailing U.S. arms sales and military aid critical to the Saudi-led coalition’s war in Yemen. The White House vehemently opposes the bill. If it passes, President Trump is expected to veto it, just as he is expected to veto the Senate’s March and House’s February resolutions.
  • Topic: Government, Law, Military Affairs, Legislation
  • Political Geography: Middle East, Yemen, North America, United States of America, Gulf Nations
  • Author: Jeffrey J. Schott, 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, Trade
  • Political Geography: North America, United States of America
  • Author: Tobias Vestner
  • Publication Date: 12-2019
  • Content Type: Commentary and Analysis
  • Institution: The Geneva Centre for Security Policy
  • Abstract: Human shields are increasingly used in modern conflicts, exposing civilians and other protected persons to high risk of death and injuries. Using human shields is a violation of international humanitarian law (IHL) and a war crime under the 1998 Rome Statute of the International Criminal Court and customary international law. Armed forces confronted with human shields are faced with the dilemma between causing civil casualties that may undermine the legitimacy of their operations and refraining from attack which results in military disadvantages. To address the use of human shields, the respective normative framework and the enforcement of the prohibition could be strengthened. Strategic communication could also be deployed to delegitimize the use of human shields. Thematic engagement among states and with armed non-state actors could further prevent the use of human shields. Operational and tactical measures to circumvent human shields could further support states engaged in military operations and prevent incidental harm to civilians. Any action to address the use of human shields should be coordinated among states and international organizations.
  • Topic: Security, Military Strategy, Law, Civilians, International Humanitarian Law (IHL)
  • Political Geography: Global Focus
  • 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, Whaling
  • Political Geography: Japan, Asia
  • Author: Kaylee Steck, Mohammed Alhammami
  • Publication Date: 05-2019
  • Content Type: Special Report
  • Institution: Center for Contemporary Arab Studies
  • Abstract: Last fall, Congress enacted a law that indirectly led to 29 young Arab leaders losing their scholarships to U.S.-accredited universities and dealt another blow to educational and cultural exchange programming, a critical part of U.S. public diplomacy efforts.
  • Topic: Diplomacy, Government, Law, Higher Education
  • Political Geography: Middle East, Palestine, North America, United States of America
  • Author: Brigitte Bierlein
  • Publication Date: 09-2019
  • Content Type: Video
  • Institution: Columbia University World Leaders Forum
  • Abstract: This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
  • Topic: Security, Human Rights, National Security, Law, Political stability, Courts
  • Political Geography: New York, Europe, Austria, European Union
  • Author: Mahathir Mohammad
  • Publication Date: 09-2019
  • Content Type: Video
  • Institution: Columbia University World Leaders Forum
  • Abstract: This World Leaders Forum program features an address with a focus on the rule of law and multilateralism by Dr. Mahathir Mohamad, Prime Minister of Malaysia followed by a question and answer session with the audience.
  • Topic: International Relations, Law, Economy, Multilateralism
  • Political Geography: New York, Malaysia, Asia
  • 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, Private Sector
  • Political Geography: Global Focus
  • 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, Peace
  • Political Geography: Global Focus
  • Author: June Dong Kim
  • Publication Date: 11-2019
  • Content Type: Working Paper
  • Institution: Korea Institute for International Economic Policy (KIEP)
  • Abstract: This paper seeks to analyze the major factors behind why each stakeholders in the legal, health, educational and audio-visual service sectors in Korea op-pose liberalization in a qualitative political economy context as well as to pro-vide alternative strategies for further liberalization in these four service sectors. In legal services, the foreign equity ceiling of 49 per cent for joint venture law firms may be lifted as long as the present regulation against the number of FLCs in a joint venture law firm exceeding the number of Korean lawyers is maintained. In health services, as a step-by-step approach, we can first con-sider a system where incorporated hospitals can be established and liquidated more freely by deregulating current limitations placed on the disposal of re-maining properties, while an overly distribution of dividends is restrained. In educational services, in order to deregulate limitations regarding the disposal of remaining properties, it will be necessary to enhance the transparency of management and operation of private schools. In this regard, allowing school foundations to take the form of a limited liability company could be considered, since they would then become subject to external financial audit. In audio-visual services, it will be necessary to improve monitoring and im-plementation of intellectual property rights as well as competition policy when considering further liberalization. The major factors compelling each stakeholder in the legal, health, educational and audio-visual services to oppose further liberalization can be summarized as a general mindset towards uniform equity and control, cultural factors pre-venting discussion on rational alternatives, insufficient government budget for universal services, lack of administrative capacity in policy implementation and monitoring, absence of a proper system to evaluate the quality of ser-vices, asymmetry of information, and persistence of acquired rents. In order to correctly identify and understand the nature of problems, the highest priority should be placed on reducing the mistrust among the con-stituents. This is because mistrust among the constituents acts as the most important impediment when attempting value-creating negotiation strategies among each of the stakeholders. Meanwhile, to build trust among all constit-uents, free flow of information works as an important factor. Therefore, the problems of mistrust and lack of free flow of information are the most important impediments to improve those constraints that were analyzed in the selected service sectors. In addition, they are interlinked with each other, so that dealing with these problems simultaneously is a rational solution. In order to accomplish this, it is utmost important to develop the capability of each constituent to allow them to interpret specific pieces of information without distortion. In this regard, upgrading research and educa-tion of economics also becomes imperative.
  • Topic: Political Economy, Law, Economic Policy, Trade Liberalization
  • Political Geography: Asia, South Korea
  • Author: A. Aslı Bilgin, 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, Citizenship
  • Political Geography: Europe, Turkey, Middle East, Mediterranean
  • Author: Bertil Emrah Oder
  • Publication Date: 09-2019
  • Content Type: Policy Brief
  • Institution: Turkish Economic and Social Studies Foundation (TESEV)
  • Abstract: The recently announced Judicial Reform Strategy was subject to public debate with a series of promises ranging from issuing green passports to lawyers as a privileged of visa exemptions to the introduction of an appeal process in criminal cases concerning the freedom of expression.1 The fundamental shortcoming of this new strategy and other reform efforts is the lack of a specific agenda on the representation of women professionals in the judiciary, especially in the leading positions including the apex courts. Policies on women’s representation in the judiciary remained “invisible” in recent reform efforts on judicial policies.
  • Topic: Gender Issues, Law, Women, Inequality, Courts, Criminal Justice, Representation
  • Political Geography: Turkey, Middle East
  • Author: Hakkı Onur Arıner
  • Publication Date: 09-2019
  • Content Type: Policy Brief
  • Institution: Turkish Economic and Social Studies Foundation (TESEV)
  • Abstract: Turkey’s Law on Foreigners and International Protection (LFIP) was adopted on 4 April 2013 by the Turkish Grand National Assembly. In the five years that has passed since the coming into force of the LFIP in its entirety, it appears that the LFIP has been made to adapt to the conditions of Turkey, rather than the other way around, due to the sheer unexpected size of the phenomenon of immigration into Turkey, and the challenges encountered in establishing the institutional capacity and the inter- institutional cooperation necessary to deal with the inflows as required by the Law.
  • Topic: Government, Human Rights, Migration, Refugee Issues, Law
  • Political Geography: Turkey, Middle East
  • Author: Vimal Kalavadiya, Vinod Patgar, Vijay Rathod, Mahabaleshwar Hegde, Manju Menon, Krithika A. Dinesh, Hasmukh Dhumadiya, Bharat Patel, Tania Devaiah, Jayendrasinh Ker, Harapriya Nayak, Santosh Dora, Vimal Kalavadiya, Sandeep Patel, Debayan Gupta, Bipasha Paul, Kanchi Kohli
  • Publication Date: 12-2019
  • Content Type: Special Report
  • Institution: Centre for Policy Research, India
  • Abstract: The Centre for Policy Research-Namati Environmental Justice Program trains and supports a network of community paralegals or grassroots legal advocates who work with communities affected by pollution, water contamination and other environmental challenges. They use the legal empowerment approach to make communities aware of laws and regulations that can help secure much needed remedies for these problems that often arise out of noncompliance or violation of environmental regulations. As part of their work, the community paralegals write about their cases to create public awareness on the use of law outside of courts as well as engage the readers in these issues. This is an updated collection of published stories written by paralegals and their team members working in coastal Gujarat, Northern Karnataka, Chhattisgarh and Keonjhar, Odisha. These are a combination of case stories and opinion pieces on issues of industrial non-compliance that have adversely affected many local communities. Each article tries to highlight the gap between the law on paper and its implementation in reality, while putting forth the conviction that putting law in the hands of ordinary people can shift the balance of power in support of justice.
  • Topic: Civil Society, Environment, Law, Justice
  • Political Geography: South Asia, India, Asia
  • Publication Date: 12-2019
  • Content Type: Special Report
  • Institution: Centre for Policy Research, India
  • Abstract: Linear projects like highways have the potential to change existing land use of large areas. These changes are not limited only to the stretches made for transportation of vehicles. The effects of construction are also visible on landscapes on both sides of highways. This study presents the findings of a two-year long groundtruthing study carried out between June 2016 and August 2018 along 187 kilometres of National Highway 66. The study is a collaborative effort of the Centre for Policy Research-Namati Environmental Justice Programme and communities from towns and villages situated between Karwar and Kundapur, especially the 27 Panchayats, in the district of Uttara Kannada in Karnataka. The study presents evidence of non-compliance of environmental safeguards resulting in social, economic and health impacts on the local communities in the project areas. It also highlights several aspects that were not taken into account in the project’s impact assessments. The study includes a broad assessment of the project’s scale of direct impacts. During the course of the study, the following types of non-compliance were identified: Permissions for blasting, groundwater and river water withdrawal were not taken; Dumping soil on wetlands and creeks caused flooding and salt water intrusion; The construction caused soil erosion and landslides along embankments; Non-submission of six-monthly compliance reports by the project proponent; Non-compliance of other laws and compensation agreements; The report includes a case study of a stone crusher unit operating in Bogribail village and causing water and dust pollution.
  • Topic: Development, Environment, Infrastructure, Law, Social Policy, Pollution
  • Political Geography: South Asia, India, Asia
  • Publication Date: 03-2019
  • Content Type: Policy Brief
  • Institution: Centre for Policy Research, India
  • Abstract: The event was organised as a part of ‘Dialogues on Sanitation’ series and specifically focused on the legal and regulatory regime pertaining to urban sanitation. The event brought together senior policymakers, city and state level implementers, technocrats, members of the civil society and legal experts to brainstorm towards bettering the regulatory regime on urban sanitation. Several aspects such as the role of law and regulation in Faecal Sludge Management, rights of sanitary workers, and public-private participation in Urban Sanitation were discussed during the course of the workshop.
  • Topic: Government, Law, Regulation, Urban, Sanitation
  • Political Geography: South Asia, India, Asia
  • Author: Maanav Kumar, Parag Mohanty
  • Publication Date: 03-2019
  • Content Type: Special Report
  • Institution: Centre for Policy Research, India
  • Abstract: This study looks at the development of legal and regulatory framework governing drinking water and sanitation services in South Africa, England and United States. Around 780 million worldwide do not have access to clean drinking water and almost 2.5 billion people lack access to improved sanitation according to data published by Centers for Disease Control and Prevention. In such a situation, it becomes extremely important to study the legal and regulatory measures used internationally to control, manage and improve these resources. This study, covering South Africa, England and USA, sets out to identify, comprehend and analyze these legal frameworks and structures; examine the control exercised by national, state/provincial as well as municipal governments over water and sanitation-related questions; and the responsive measures being taken by them to preserve the water resources and their quality for future generations. The authors have observed that in presence of varying geographical, historical and social factors, while it would be impossible to compare each model against the other on the basis of merit, it becomes increasingly important for governments to balance the individual’s right to water with the planet’s ecological balance.
  • Topic: Environment, Government, Natural Resources, Water, Law, Regulation, Legislation, Sanitation
  • Political Geography: South Asia, India, Asia, Global Focus
  • 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, Conservatism
  • Political Geography: United States
  • 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, Supreme Court
  • Political Geography: United States
  • Author: Chanya Punyakumpol
  • Publication Date: 02-2019
  • Content Type: Working Paper
  • Institution: Centre for Trade and Economic Integration, The Graduate Institute (IHEID)
  • Abstract: Is there a doctrine of 'stare decisis' in international trade and international investment law? From a positive law perspective, the answer is a definite no. However, as many scholars have observed, in practice, there has been a strong level of deference from the Appellate Body to its previous rulings, but less so from investment tribunals. Using social network analysis to assess actual citations from the Appellate Body Reports and investment arbitrations from the inception to the current time, this paper examines the evolution and 'status quo' of citation networks in international trade and international investment arbitrations. It asks, not only whether there is a 'de facto' rule of precedent in the two regimes, but also when it occurs and how the development links with the institutional design of dispute settlement. The results show how the doctrine of 'stare decisis' diverges in international trade and international investment, as well as the importance of institutional design in shaping and constraining the behaviors of tribunals.
  • Topic: Economics, Globalization, International Trade and Finance, Law, Finance, Global Political Economy
  • Political Geography: Global Focus
  • Author: Catherine Ruetschli, Mark Glick
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: Institute for New Economic Thinking (INET)
  • Abstract: The Big Tech companies, including Google, Facebook, Amazon, Microsoft and Apple, have individually and collectively engaged in an unprecedented number of acquisitions.When a dominant firm purchases a start-up that could be a future entrant and thereby increase competitive rivalry, it raises a potential competition issue. Unfortunately, the antitrust law of potential competition mergers is ill-equipped to address tech mergers. We contend that the Chicago School’s assumptions and policy prescriptions hobbled antitrust law and policy on potential competition mergers. We illustrate this problem with the example of Facebook. Facebook has engaged in 90 completed acquisitions in its short history (documented in the Appendix to this paper). Many antitrust commentators have focused on the Instagram and WhatsApp acquisitions as cases of mergers that have reduced potential competition. We show the impotence of the potential competition doctrine applied to these two acquisitions. We suggest that the remedy for Chicago School damage to the potential competition doctrine is a return to an empirically tractable structural approach to potential competition mergers.
  • Topic: Economics, Science and Technology, Communications, Law, Digital Economy, Macroeconomics, Monopoly, Antitrust Law
  • Political Geography: United States
  • Author: Mark Glick
  • Publication Date: 07-2019
  • Content Type: Working Paper
  • Institution: Institute for New Economic Thinking (INET)
  • Abstract: Since the publication of Robert Bork’s The Antitrust Paradox, lawyers, judges, and many economists have defended “Consumer welfare” (CW) as a standard for decisions about antitrust goals and enforcement priorities. This paper argues that the CW is actually an empty concept and is an inappropriate goal for antitrust. Welfare economists concede that there is no credible measurable link between price and output and human well-being. This means that the concept of CW does not legitimate limited antitrust enforcement, nor does it justify the exclusion of other antitrust goals that require more active enforcement practices. This paper contends that antitrust policy is not welfare based at all, and that if it were, antitrust policy and enforcement would differ significantly from the Chicago School vision. Without the fiction that economists can establish that in the short run lower price and higher output measurably increases welfare more than other goals, recent defenses of the CW standard resolve down to arguments based on unsupported assumptions.
  • Topic: Economics, Law, Legal Theory , Economic Theory, Macroeconomics, Antitrust Law, Microeconomics
  • Political Geography: United States
  • Author: Mariana Viollaz
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Center for Distributive, Labor and Social Studies (CEDLAS)
  • Abstract: This paper quantifies labor law violations and how the enforcement efforts impact on the compliance level by considering the possibility of different labor regulations being violated simultaneously. The findings for the Peruvian labor markets over the period 2004-2013 indicate that: (i) multiple violations of labor regulations are an important feature of Peruvian labor markets; (ii) young workers, workers with low level of education, indigenous workers, workers in micro firms and workers employed in the agricultural sector have higher chances of being deprived of several labor benefits simultaneously; (iii) the enforcement of labor regulations, captured through the number of labor inspections at the region level, is effective in detecting and penalizing extreme situations of multiple violations of the labor law, but the evidence also suggests that firms adjust only partially as an attempt to reduce the amount of a potential fine if discovered, and that laid off workers during the adjustment process moved to the informal sector where firms are not inspected. These findings are useful from a policy perspective indicating that there is space to improve firms’ incentives when facing an increase in the enforcement effort.
  • Topic: Economics, Labor Issues, Law Enforcement, Law, Regulation, Labor Policies, Economic Policy
  • Political Geography: Latin America, Peru
  • Author: Ethan Kaplan
  • Publication Date: 01-2019
  • Content Type: Policy Brief
  • Institution: Economics for Inclusive Prosperity (EfIP)
  • Abstract: In sum, political institutions in the United States favor higher income individuals over lower income individuals and ethnic majorities over ethnic minorities. This is accomplished through a myriad of policies which impact who votes, allow for differential influence and access by the wealthy, structure voting districts to dilute the impacts of under-represented voters, and allow for oversized influence of pro-business owner ideas through media and membership organizations.
  • Topic: Economics, Law, Elections, Democracy, Economic Policy, Voting
  • Political Geography: United States
  • Author: Ng Ser Song
  • Publication Date: 09-2019
  • Content Type: Research Paper
  • Institution: Brown Journal of World Affairs
  • Abstract: Illicit drug use exacts a high cost on abusers, their families, and ultimately society as a whole. Livelihoods are lost, relationships are destroyed, children suffer, and the wider community pays a hefty price through a resulting worsened crime situation. Singapore has hence adopted a harm-prevention approach to drugs, incorporating educational, legal, and rehabilitative measures. While we acknowledge that there is a variety of approaches to drug policy globally, our approach has worked well for our local context and enabled people here to live to their fullest potentials.
  • Topic: Crime, Health, Law, Criminal Justice, Drugs
  • Political Geography: Singapore, Global Focus
  • Author: Mani Shankar Aiyar
  • Publication Date: 09-2019
  • Content Type: Research Paper
  • Institution: Brown Journal of World Affairs
  • Abstract: Elected three times to the Lok Sabha, the lower house of the Indian Parliament, and nominated by the President to Rajya Sabha, the upper house, for a further six years, Aiyar has served for 21 years in the Indian Parliament, been conferred the Outstanding Parliamentarian Award (2006), and been a Cabinet Minister for five years (2004-09). He has authored seven books, including Confession of a Secular Fundamentalist, and edited the three volumes of Rajiv Gandhi’s India.
  • Topic: Religion, Law, Democracy, Citizenship, Religious Law, Secularism
  • Political Geography: India
  • Author: Karina Santellano
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: California Journal of Politics and Policy
  • Institution: Institute of Governmental Studies, UC Berkeley
  • Abstract: Law pertaining to immigrants is conceptualized as legal violence (Menjívar and Abrego 2012). Deferred Action for Childhood Arrivals (DACA) is an executive policy with an uncertain future under the Trump administration. In California, many DACA beneficiaries are students at public colleges and universities. This paper conceptualizes DACA as another form of legal violence and draws from 30 in-depth interviews with undocumented students to explore the ways in which undocumented students believe the role of their college/university is to mitigate the legal violence stemming from the liminality of DACA. Some participants believe their colleges/universities should provide safety, specifically via the designation of sanctuary campus status for its symbolic importance, others believe their colleges have a responsibility beyond intellectualism sharing they should be progressive leaders against xenophobia, while others expressed cynicism, describing institutions of higher education as corporations interested in their brand rather than in being immigrant rights advocates on behalf of their students. This study serves as a way for institutions of higher education to learn how undocumented students perceive their roles and duties. At the end of this paper, the author suggests how colleges and universities can work towards mitigating legal violence in the lives of undocumented students.
  • Topic: Human Rights, Immigration, Law, Immigrants, Higher Education
  • Political Geography: United States, California
  • 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, Immigrants
  • Political Geography: United States, California
  • Author: S. Kwaku Asare
  • Publication Date: 10-2019
  • Content Type: Policy Brief
  • Institution: Ghana Center for Democratic Development
  • Abstract: Abstract
  • Topic: Education, Law, Legal Theory
  • Political Geography: Africa, Ghana
  • 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, Coup
  • Political Geography: Turkey, Middle East
  • 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, Constitution
  • Political Geography: Europe, Turkey, Middle East
  • 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, Criminal Justice
  • Political Geography: Iraq, Middle East
  • Author: Lisa Sachs, Lise Johnson, Brooke Güven, 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 , Investment
  • Political Geography: Global Focus
  • 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, Political Parties
  • Political Geography: Middle East, Lebanon
  • Author: Katherine Ellena, Chad Vickery, 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 , Election Dispute
  • Political Geography: Kenya, Philippines, Mexico, Tunisia
  • Author: Kyle Lemargie, 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, Campaign Finance
  • Political Geography: Asia
  • Author: Lara Montesinos Coleman
  • Publication Date: 05-2018
  • Content Type: Working Paper
  • Institution: Centre for Global Political Economy, University of Sussex
  • Abstract: The intellectual authors of neoliberalism were aware of the lethal implications of what they advocated. For ‘the market’ to work, the state was to refuse protection to those unable to secure their subsistence, while dissidents were to be repressed. What has received less attention is how deadly neoliberal reforms increasing come wrapped in social, legal and humanistic rhetoric. We see this not only in ‘social’ and ‘legal’ rationales for tearing away safety nets in Europe’s former social democratic heartlands, but also in the ‘pro-poor’ emphasis of contemporary development discourse. This includes contexts where colonial legacies have facilitated extreme armed violence in service of corporate plunder. To expose these dynamics, I juxtapose the everyday violence of austerity in Britain with neoliberal restructuring in Colombia. The latter is instructive precisely because, in tandem with widespread state-backed terror, Colombia has held fast to the language and institutions of liberal democracy. It has, as a result, prefigured the subtle authoritarian tendencies now increasingly prominent in European states. The reconceptualization of law, rights and social policy that has accompanied neoliberal globalization is deeply fascistic. Authoritarian state power is harnessed to the power of transnational capital, often accompanied by nationalistic and racist ideologies that legitimize refusal of protection and repression, enabling spiraling inequality. Nevertheless, extending Boaventura de Sousa Santos’s discussion of ‘social fascism’, I suggest that widespread appeal to the ‘social’ benefits and ‘legal necessity’ of lethal economic policies marks a significant and Orwellian shift. Not only are democratic forces suppressed: the very meanings of democracy, rights, law and ethics are being reshaped, drastically inhibiting means of challenging corporate power.
  • Topic: Human Rights, Social Stratification, Law, Fascism, Neoliberalism
  • Political Geography: Britain, Colombia
  • 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, Regulation
  • Political Geography: South Asia, India, Asia
  • 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, Pollution
  • Political Geography: South Asia, India, Asia
  • Author: Namita Wahi, 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, Land Rights
  • Political Geography: South Asia, India, Asia
  • Author: Leonardo Borlinia, 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, Global Political Economy
  • Political Geography: Global Focus
  • Author: Daniel Gover, 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, Voting
  • Political Geography: Britain, United Kingdom
  • Author: Bethany Atkins, Trevor Pierce, Valentina Baiamonte, Chiara Redaelli, Hal Brewster, Vivian Chang, Lindsay Holcomb, Sarah Lohschelder, Nicolas Pose, Stephen Reimer, Namitha Sadanand, Eustace Uzor
  • Publication Date: 05-2017
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: From the United States to the Switzerland, this year’s Journal draws on a diverse range of authors’ experiences and studies to analyze a varied—yet timely—set of current issues. By spotlighting topics such as climate change, voting rights, and gender issues, JPIA contributes to the debates that are occurring today. The strong use of quantitative analysis and in-depth study of resources ensures that this year’s Journal adds a select perspective to the debate that hopefully policymakers will find useful and actionable.
  • Topic: Security, Climate Change, Development, Narcotics Trafficking, Law, Prisons/Penal Systems, Elections, Women, Brexit, Multilateralism, Private Sector, Carbon Tax, Carbon Emissions, Gerrymandering
  • Political Geography: Britain, Afghanistan, Africa, China, South Asia, Central Asia, Asia, Nigeria
  • Author: Colin P. Clarke
  • Publication Date: 11-2017
  • Content Type: Special Report
  • Institution: Georgetown Journal of International Affairs
  • Abstract: As European authorities watched thousands of aspiring jihadists leave their countries to fight in Iraq and Syria in 2012 and 2013, few laws were in place to prevent them from “taking a holiday in Istanbul,” a well-known euphemism for jihadists seeking to travel to Syria. As law enforcement and intelligence agencies prepare for the return of some of those who left, European officials may be wondering whether they have the policies, authorities and capabilities to effectively deal with any threats returnees may present.
  • Topic: Law, Violent Extremism, Citizenship, Islamic State
  • Political Geography: Iraq, Middle East, Syria, European Union
  • Author: Rodelio Cruz Manacsa
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: The South China Sea is the locus of a tense political struggle for territorial control between an increasingly aggressive regional power and a host of small states and their own respective sets of allies. In such a scenario, we can expect that China, the hegemonic state, will attempt to steer the discussions towards bilateral negotiations since its power projection and military capabilities tend to carry greater leverage against weaker states when talks are conducted on a one-on-one basis. In an international system characterized by the absence of a global government, power bends the arc of contention towards the hegemon. On the other hand, small states in the region like the Philippines, Vietnam, and Brunei have a plethora of strategies and tactics for dealing with regional powers.[1] Their menu of options ranges from direct military balancing on one end and appeasing and bandwagoning on the other.[2], [3] This analysis will focus on the strategy that was chosen by the Philippines against China, which will be characterized as “lawfare.” The paper will proceed as follows: First, it will seek to define the concept of “lawfare” as a strategy and then map out the conditions under which it can succeed and fail. Second, it will apply the framework that was developed in the initial section to the conflict between China and the Philippines in the South China Sea. Finally, the consequences of lawfare use will be assessed, with the end goal of understanding how the Philippines’ victory in the Permanent Court of Arbitration (PCA) inexplicably led to reticence and bandwagoning, a case of historic success morphing into strategic retreat...
  • Topic: Bilateral Relations, Territorial Disputes, Law, Negotiation, Oceans and Seas
  • Political Geography: China, Vietnam, Philippines, South China, Brunei
  • Author: Ryan J. Vogel
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
  • Topic: Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, War on Terror
  • Political Geography: Middle East, Global Focus, United States of America, Guantanamo
  • Author: Oleksandr Lytvynenko, Philipp Fluri, Valentyn Badrack
  • Publication Date: 01-2017
  • Content Type: Book
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: This comprehensive collection of Ukrainian legislation on the Security Sector serves two purposes: it gives Ukrainian and Western experts an overview of what legal documents already exist in Ukraine; and serves as a tool for identifying possibilities for adaptations to the law.
  • Topic: Security, Defense Policy, Sovereignty, Territorial Disputes, Governance, Law, Military Affairs, Conflict, Legislation
  • Political Geography: Geneva, Russia, Europe, Ukraine, Eastern Europe
  • Author: Rafael-Andrés Velázquez-Pérez, Miguel-Ángel Michinel-Álvarez, Margaret Crahan, Gabriel Vignoli
  • Publication Date: 01-2017
  • Content Type: Book
  • Institution: Institute for Latin American and Iberian Studies at Columbia University
  • Abstract: This manuscript originates from research initiated in 2010 at the University of Vigo in International Private Law with a specific focus on International Investment Law. The objective was to analyze the impact of the new paradigm of sustainability on this sphere of the law, with an emphasis on developing countries, and more specifically Cuba. This line of research has resulted in several publications intended for a Spanish-speaking scientific-juridical audience. Yet there is no scholarly work directly aimed at US investors as a prioritized target group. Being the first single Foreign Direct Investor in the world, and given its geopolitical and economic proximity, the US is bound to play a prime role in the field of investments in Cuba—despite political complications. As a consequence, we opted for a bilingual monograph on this topic with a dual purpose. The first part of the book, which is aimed at reaching a wide audience, examines the role played by foreign investment in Cuba and the country’s interest in attracting it by providing investors with a modern, stable, and coherent legal framework that is in line with current international standards. The second part of the book delves into specific technicalities of international investment law— with an emphasis on the conflict resolution system, which finds in arbitrage its main mechanism. This part, technical in nature, is not directly aimed at potential investors as much as their legal advisers, legal firms, arbitrators, and specialized scholarly communities—without whose input the success of foreign direct investment would be impossible. The text also engages critically with the specificities of US-Cuba relations in the context of Foreign Direct Investment. As shown in the first part of this monograph, it seems clear that the strategies pursued by different US administrations have thus far failed. It would be to the US’ benefit to forego the current policy of confrontation in favor of one of cooperation, as exemplified by the approaches taken by Latin America, xiv Europe, and Canada. The US should not lag, if it wants to attain a strategic position in the global repositioning toward the developing Cuban market. There is a need for targeted diplomatic and legislative efforts aimed at strengthening cooperation between the two countries in terms of investment. Among the challenges is the absence of a Bilateral Investment Treaty (BIT) between Havana and Washington. The obstacles faced by the Trump administration in the political, diplomatic, and financial sphere indicate that excessive isolationism and protectionism are not only counterproductive from a financial viewpoint, but they also imply for the US a loss of sovereignty and a diminished capacity to influence the international context. Should the US not change its current policy, it will be outperformed by other international actors such as the European Union and the BRICS (Brazil, Russia, India, and China) as investors in Latin America and in Cuba.
  • Topic: Treaties and Agreements, Bilateral Relations, Foreign Direct Investment, Law, Economy, Legislation
  • Political Geography: Cuba, Latin America, Caribbean, United States of America
  • Author: Emma Bakkum
  • Publication Date: 06-2017
  • Content Type: Working Paper
  • Institution: Public International Law Policy Group
  • Abstract: The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.
  • Topic: Crime, Law, Legal Theory , International Criminal Court (ICC)
  • Political Geography: Europe, Malaysia, Ukraine, Asia
  • Author: Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, Joel Martinez
  • Publication Date: 04-2017
  • Content Type: Journal Article
  • Journal: The Whitehead Journal of Diplomacy and International Relations
  • Institution: School of Diplomacy and International Relations, Seton Hall University
  • Abstract: For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
  • Topic: International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, Capital Flows
  • Political Geography: Africa, China, Asia, Latin America, Tanzania
  • Publication Date: 01-2017
  • Content Type: Special Report
  • Institution: Center for International and Regional Studies: CIRS
  • Abstract: Following the ‘Arab Spring’ uprisings in the Middle East and North Africa, many had high hopes not only for democratization but also for transitional justice to address the myriad abuses that had taken place in the region, both during the uprisings and for decades prior to them. Despite these hopes, most of the transitions in the region have stalled, along with the possibility of transitional justice. This volume is the first to look at this process and brings together leading experts in the fields of human rights and transitional justice, and in the history, politics and justice systems of countries such as Egypt, Tunisia, Libya, Algeria, Bahrain and Morocco. While these countries have diverse histories, political institutions, and experiences with accountability, most have experienced non-transition, stalled transition, or political manipulation of transitional justice measures, highlighting the limits of such mechanisms. These studies should inform reflection not only on the role of transitional justice in the region, but also on challenges to its operation more generally.
  • Topic: Democratization, Human Rights, Law, Arab Spring
  • Political Geography: Middle East, North Africa
  • Author: Catherine S. Panaguiton
  • Publication Date: 03-2017
  • Content Type: Policy Brief
  • Institution: Council on International Policy (CIP)
  • Abstract: The judgment award rendered in the Republic of the Philippines vs. The People’s Republic of China was a significant development to the disputes in the South China Sea and the West Philippine Sea. Conflicting opinions from littoral and affected states on the legal issues abound the institution of the case and the conduct in these areas as a whole have been raised and a decision has been rendered on these issues. Provisions in the UNCLOS that were made to be deliberately vague because States at the UN Conference negotiating UNCLOS could not agree on more precise language have been clarified. The judgment not only has implications in the lawyering and judicial sphere. It also carries practical implications that are to be considered in lawmaking and formulation of government policies. All these implications will be discussed in this paper.
  • Topic: Peace Studies, Law
  • Political Geography: South China, West Philippines
  • Publication Date: 12-2017
  • Content Type: Special Report
  • Institution: Centre for Policy Research, India
  • Abstract: Large parts of the world, irrespective of their level of economic development, are at the cusp of severe environmental crises. In these regions, the operations of extractive projects such as large scale plantations, mining and industrial development have negated or worsened the economic, social and physical well-being of communities in their neighbourhoods and beyond. Their robust national and regional laws and institutions for the protection and governance of the environment and natural resources have remained on paper and the non-compliance by governments and corporations has had profound effects on community livelihoods, health, access to land and quality of life. CPR-Namati's Practice Guide for Environment Justice Paralegals is a step in the direction of closing this environmental enforcement gap. The guide provides a methodology for community mobilisers, activists and citizens groups to shift their attention from stating the problem to getting grievances addressed by environmental institutions. The guide is based on four years of work done by the paralegals of CPR-Namati Environment Justice Program to assist affected communities file complaints and seek remedies in over 150 cases of non-compliance in India. We hope that this guide will help local organisations and community groups to address environmental conflicts and seek useful remedies for affected people.
  • Topic: Development, Environment, Law, Justice
  • Political Geography: South Asia, India, Asia
  • Author: Renate Mayntz
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Max Planck Institute for the Study of Societies
  • Abstract: In sociology generally, the infringement of legal norms is not treated as a special kind of norm violation, the sociology of law being an obvious exception. The study of illegal markets therefore faces the challenge of distinguishing illegality from legality, and relating both to legitimacy. There is no conceptual ambiguity about the distinction between legal and illegal if legality is formally defined. In practice, (formal) legality and (social) legitimacy can diverge: there is both legitimate illegal action and illegitimate legal action. Illegal markets are a special kind of illegal social system, constituted by market transactions. Illegal markets are empirically related to organized crime, mafia and even terrorist organizations, and they interact both with legal markets and the forces of state order. Where legal and illegal action systems are not separated by clear social boundaries, they are connected by what has come to be called “interfaces”: actors moving between a legal and an illegal world, actions that are illegal but perceived as legitimate or the other way around, and a gray zone of actions that are neither clearly legal nor illegal, and neither clearly legitimate nor illegitimate. Interfaces facilitate interaction between legal and illegal action systems, but they are also sources of tension and can lead to institutional change.
  • Topic: Crime, Markets, Sociology, Law
  • Political Geography: Global Focus
  • Author: Aleksandra Maatsch
  • Publication Date: 01-2016
  • Content Type: Working Paper
  • Institution: Max Planck Institute for the Study of Societies
  • Abstract: This paper investigates how the intergovernmental reform process of European economic governance affected national parliaments’ oversight of this policy area. Which parliaments became disempowered and which managed to secure their formal powers – and why? The dependent variable of the study is operationalized as the presence or absence of “emergency legislation” allowing governments to accelerate the legislative process and minimize the risk of a default by constraining national parliaments’ powers. The paper examines how national parliaments in all eurozone states were involved in approving the following measures: the EFSF (establishment and increase of budgetary capacity), the ESM, and the Fiscal Compact. The findings demonstrate that whereas northern European parliaments’ powers were secured (or in some cases even fostered), southern European parliaments were disempowered due to the following factors: (i) domestic constitutional set-up permitting emergency legislation, (ii) national supreme or constitutional courts’ consent to extensive application of emergency legislation, and (iii) international economic and political pressure on governments to prevent default of the legislative process. Due to significant power asymmetries, national parliaments remained de jure but not de facto equal in the exercise of their control powers at the EU level. As a consequence, both the disempowerment of particular parliaments and the asymmetry of powers among them has had a negative effect on the legitimacy of European economic governance.
  • Topic: Politics, Governance, Law, Reform
  • Political Geography: Europe
  • Author: Melissa Lefas, Junko Nozawa
  • Publication Date: 09-2016
  • Content Type: Special Report
  • Institution: Fourth Freedom Forum
  • Abstract: The Global Center convened a series of regional consultations for judges to support the dissemination and implementation of the Global Counterterrorism Forum’s (GCTF) The Hague Memorandum on Good Practices for the Judiciary in Adjudicating Terrorism Offenses (Hague Memorandum). The program was delivered under the auspices of the GCTF’s Criminal Justice and Rule of Law Working Group and Horn of Africa Regional Capacity Building Working Group, with financial support from the United States Government. Following an 18-month consultative process with judges and magistrates handling terrorism and related cases from East Africa and Southeast Asia, this publication offers a series of recommendations intended to inform policymakers and judicial administrators to support the implementation of the Hague Memorandum. For each region, an elaboration of the Hague Memorandum offers a more detailed analysis of law and practice, highlighting areas of convergence and divergence with the good practices and identifying institutional actors for their implementation. After a brief overview of the consultative process, this document presents 30 recommendations representing the consensus of the judges who engaged in the process.
  • Topic: Law, Counter-terrorism, Courts, Rule of Law, Criminal Justice
  • Political Geography: Southeast Asia, East Africa, The Hague
  • Author: Rosalie Dieleman, David Lando
  • Publication Date: 11-2016
  • Content Type: Working Paper
  • Institution: Public International Law Policy Group
  • Abstract: Ms. Madonsela is the former Public Protector of South Africa, Chairperson of the African Ombudsman Research Center in South Africa, and one of the drafters of the South African post-Apartheid constitution. She has been in the spotlight during the last year for a report she filed before leaving the Office of the Protector regarding the connection between South African President Zuma and Indian-South African lucrative businessmen Ajay, Atul, and Rajesh Gupta. The report “details a disturbing web of influence exerted over parts of the South African state by a powerful family of Mr. Zuma’s chums”,[1] the Gupta family. The report indicates that the Gupta family was involved in political appointment, including that of the South African finance minister.
  • Topic: Apartheid, Corruption, Law, Legal Theory
  • Political Geography: Africa, South Africa, Southern Africa
  • Author: Bojan Elek, Milena Milosevic, Stevo Muk
  • Publication Date: 12-2016
  • Content Type: Policy Brief
  • Institution: Belgrade Centre for Security Policy
  • Abstract: Evidence shows that progress in democracy and rule of law reforms in the region, albeit different across countries, is slow. Even when it has been achieved, progress has generally been more technical rather than directly focusing on politically sensitive issues.
  • Topic: Political Theory, Law, Democracy
  • Political Geography: Balkans
  • Author: Kanchi Kohli, Debayan Gupta
  • Publication Date: 08-2016
  • Content Type: Working Paper
  • Institution: Centre for Policy Research, India
  • Abstract: For the last two years, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been in the eye of debate and discussed for the controversial changes the National Democratic Alliance (NDA) government had sought to bring about through ordinances. Even though fate of the amendments rests currently with the Joint Parliamentary Committee report, several states have already brought about changes through Rules under Section 109 of the Act. An examination of these state specific Rules reveals they are headed towards: Adopting the changes proposed in the ordinances amending the central law; Diluting the applicability of the progressive clauses like consent or SIA; Clarifying procedures for implementation at the state level. The United Progressive Alliance (UPA) government had replaced the Land Acquisition Act, 1894 with the newly enacted RFCLARR Act, 2013. Though critiqued for expanding the definition of public purpose to include the private sector, the new legislations had been welcomed by social movements, farmers groups and NGOs. This is primarily for the need for a Social Impact Assessment (SIA), the requirement for prior consent, food security provisions and clear compensation related provisions. What was also central to this discussion were the clauses which allow for unused land to be returned to original owners. The Rules framed by the States aim to make the process of land acquisition much simpler for investors. While certain States reduce the time period for the conducting of the SIA process or do away with it in its entirety, there are others who make reductions in the compensation award or modify the applicability of the retrospective clause. There are also States which directly adopt the provisions in the ordinance that aim to remove the requirement for consent from the land acquisition procedure. This working paper paper attempts to trace and analyse how the state governments have modified and built upon the central Act. It also looks briefly at litigation that has emerged especially around the applicability of the retrospective clause of the law, ie. which requires the return of unused land to original owners or reinitiating processes under the 2013 law.
  • Topic: Development, Government, Law, Food Security, Land Law, Social Policy
  • Political Geography: South Asia, India, Asia
  • Author: Shibani Ghosh
  • Publication Date: 01-2016
  • Content Type: Working Paper
  • Institution: Centre for Policy Research, India
  • Abstract: In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
  • Topic: Climate Change, Environment, Law Enforcement, Law, Legislation, Deterrence
  • Political Geography: South Asia, India, Asia
  • Author: Bob Baker
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Supreme Court Justice Antonin Scalia came to address a national convention of Australian lawyers. I had requested a top constitutional lawyer and was delighted when Washington headquarters at the U.S. Information Agency in 1986 told me Justice Scalia would spend a week on the program I had suggested. He gave a brilliant exposition on the origins of the American Constitution at the big lawyers convention. His close interpretation of how the Constitution should be read in contemporary America was impressive. The several hundred lawyers loudly applauded his scholarly, but lively lecture.
  • Topic: Diplomacy, Law, Supreme Court, Memoir
  • Political Geography: Australia, North America, United States of America
  • Author: Sabrina Zirkel
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: At this 60th Anniversary of Brown v. Board of Education, Jeffrey D. Hockett offers us a new interpretation of the dilemmas, debates, and deliberations that members of the Court engaged in on their way to this decision. Hockett challenges conceptualizations of the decision in Brown as emerging purely from any one set of motives and that it can be analyzed through only one theoretical or methodological lens. Instead, he argues through painstaking review of the discussions between the justices about the case and early drafts of opinions that different justices were swayed by different arguments, took into account different considerations, and made different compromises. In short: There was no “one” road to Brown v. Board—there were potentially as many paths as there were justices. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19333#sthash.mXg1UKS3.dpuf
  • Topic: International Relations, Education, Politics, Law
  • Political Geography: America
  • Author: Erdem Dikici
  • Publication Date: 05-2015
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Recently, there has been a growing body of literature on the multifaceted relationship between religion, politics and security in both national and global contexts, with a special emphasis on church-state relations and/or secularism. Various aspects and influences of religion on a variety of thematic issues occupy columns, journals and books. However, one might argue that the same does not apply for the study of religious freedom. The violation of religious freedom is a phenomenon that has been observed not only under authoritarian regimes or Third World countries, but also in democratic and so-called civilized nations. Authoritarian regimes, restrictive state policies, intolerant and hostile societies as well as security-oriented (inter)national political legitimations have tried to control, restrict or suppress the rights of religious groups and minorities and religion per se in the public sphere. In The Future of Religious Freedom, the different reasons for controlling religion through restrictive laws and policies are elaborated from a variety of perspectives.
  • Topic: Security, Politics, Law
  • Author: Antonia Chayes
  • Publication Date: 07-2015
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
  • Topic: International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, Law of Armed Conflict
  • Political Geography: Afghanistan, Iraq, Global Focus, United States of America
  • Author: Andrew Thompson, Shreen Abou El-Naga
  • Publication Date: 05-2015
  • Content Type: Video
  • Institution: Centre for International Governance Innovation
  • Abstract: In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for h, shifted? Tune in to access the full discussion and learn more about life in Egypt today.In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for women, shifted? Tune in to access the full discussion and learn more about life in Egypt today.
  • Topic: Human Rights, Law, Political Activism, Popular Revolt, Reform
  • Political Geography: Arabia, Egypt
  • Author: Joël Blit
  • Publication Date: 11-2015
  • Content Type: Policy Brief
  • Institution: Centre for International Governance Innovation
  • Abstract: This policy brief recommends that to diminish the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
  • Topic: Economics, Intellectual Property/Copyright, Governance, Law
  • Political Geography: North America
  • Author: Stephen Haggard, Jon R. Lindsay
  • Publication Date: 05-2015
  • Content Type: Policy Brief
  • Institution: East-West Center
  • Abstract: The North Korean cyber attack against Sony Pictures Entertainment in connection with the planned release of The Interview raised important questions about the feasibility of deterrence in cyberspace, the protection of First Amendment values, and the responsibility of the US government to safeguard private networks. It also resulted in the unprecedented attribution of responsibility for a cyber attack to a nation state by a US president, despite public controversy over the evidence. North Korea has long engaged in provocative behavior on the Korean peninsula, recently including cyber attacks, but the probability of general war with South Korea remains quite low. Strategists describe this problem as the stability-instability paradox. North Korean coercion targeting a corporation on US soil in effect extends this dynamic into global cyberspace. It is impossible to deter all forms of cyber harassment, but policymakers can manipulate the threshold of ambiguity that makes limited aggression more or less attractive.
  • Topic: Science and Technology, Law, Cybersecurity
  • Political Geography: North Korea
  • Author: Christopher Huszar
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: The recent financial crisis devastated financial markets the world over. The events of the crisis caused many to question the policies of the pre-crisis era, which tended towards minimizing regulation as well as many others amorphously placed under the term Washington Consensus. The text Globalisation, the Global Financial Crisis and the State , edited by John H. Farrar and David G. Mayes, professors of law and finance, respectively, focuses on the interactions between states, economic policies and laws against the backdrop of the global financial crisis. Utilizing perspectives in the fields of law, political science and economics, the twelve chapters delve into interdisciplinary arguments over the changing regulatory structure of the world and the global forces that shape the state. The authors' overarching argument is that the financial crisis marked a discursive departure from the models supported by pre financial crisis policies typified by the Washington Consensus towards a more multilateral approach symbolized by the emergence of the G-20 and more state oriented control over commercial activities.
  • Topic: Economics, Markets, Financial Crisis, Law
  • Political Geography: Washington
  • Author: Maryellen Fullerton
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal on Migration and Human Security
  • Institution: Center for Migration Studies of New York
  • Abstract: More than ten million people are stateless today. In a world of nation states, they live on the margins without membership in any state, and, as a consequence, have few enforceable legal rights. Stateless individuals face gaps in protection and in many cases experience persecution that falls within the refugee paradigm. However, US asylum policy does not adequately address the myriad legal problems that confront the stateless, who have been largely invisible in the jurisprudence and academic literature. Two federal appellate court opinions shed new light on the intersection of statelessness and refugee law in the United States. In 2010, Haile v. Holder examined the asylum claim of a young man rendered stateless when the Ethiopian government issued a decree denationalizing ethnic Eritreans. In a 2011 case, Stserba v. Holder, the court reviewed an asylum claim by a woman who became stateless when the Soviet Union collapsed, and the successor state of Estonia enacted citizenship legislation that included a language requirement. This article analyzes the opinions which suggest that state action depriving residents of citizenship on ethnic and other protected grounds warrants a presumption of persecution. This article also identifies additional circumstances in which stateless individuals may have a well-founded fear of persecution that qualifies them for asylum in the United States. In addition, this article notes that although far too many stateless individuals face persecution, not all of them do. Stateless persons who do not fear persecution, however, are also vulnerable. The absence of state protection condemns them to a precarious existence and their inability to obtain passports or other travel documents often prevents their return to states where they formerly resided. The refusal of most states to admit non-citizens frequently keeps stateless persons in limbo. Stateless individuals stranded in the United States live under a supervisory patchwork that serves neither their interests nor those of the United States. Rather than relying on incremental case law developments and inapposite regulatory schemes, the US State Department and the Department of Homeland Security should convene a task force to report on the size and composition of the stateless population in the United States and the need to develop legislative, regulatory, and other policy guidance concerning statelessness claims.
  • Topic: Law
  • Political Geography: United States
  • Author: Bürge Elvan Erginli, Gamze Nur Çelik, Koray Özdil, Seda Akço Bilen
  • Publication Date: 11-2015
  • Content Type: Special Report
  • Institution: Turkish Economic and Social Studies Foundation (TESEV)
  • Abstract: The report “Local Recommendations for Access to Justice in Turkey” was developed under the project Enhancing Civic Participation and Confidence Building in the Judicial Reform Process and run in partnership with the Turkish Economic and Social Studies Foundation (TESEV) and Turkije Instituut, based in Leiden, Netherlands. The main objectives of the project are to identify, at a local level, the problems that prevent citizens in Turkey from accessing justice in judicial processes, to support local actors serving in the field of justice and law in turning identified problems into significant policy recommendations, and thus, to develop local recommendations for judicial reform.
  • Topic: Environment, Law, Courts, Justice
  • Political Geography: Turkey, Middle East, Netherlands
  • Author: Shibani Ghosh
  • Publication Date: 12-2015
  • Content Type: Working Paper
  • Institution: Centre for Policy Research, India
  • Abstract: The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
  • Topic: Environment, Health, Governance, Law Enforcement, Law, Reform, Pollution
  • Political Geography: South Asia, India, Asia
  • Author: Rajshree Chandra
  • Publication Date: 05-2015
  • Content Type: Working Paper
  • Institution: Centre for Policy Research, India
  • Abstract: With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
  • Topic: Science and Technology, Intellectual Property/Copyright, Law
  • Political Geography: South Asia, India, Global Focus
  • Author: Jeffrey Miron
  • Publication Date: 10-2014
  • Content Type: Working Paper
  • Institution: The Cato Institute
  • Abstract: In November 2012, voters in the states of Colorado and Washington approved ballot initiatives that legalized marijuana for recreational purposes. Alaska, Oregon, and the District of Columbia are scheduled to consider similar measures in the fall of 2014, and other states may follow suit in the fall of 2016.
  • Topic: War on Drugs, Social Movement, Law
  • Political Geography: United States, Washington, Colombia
  • Author: Mark Osiel
  • Publication Date: 09-2014
  • Content Type: Journal Article
  • Journal: Ethics & International Affairs
  • Institution: Carnegie Council
  • Abstract: Modern law's response to mass atrocities vacillates equivocally in how it understands thedramatis personae to these expansive tragedies, at once extraordinary and ubiquitous. Is there any principled order to this? If not, should we care?
  • Topic: Genocide, Law
  • Political Geography: Yugoslavia, Serbia, Balkans
  • Author: Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, Naomi Crowther
  • Publication Date: 05-2014
  • Content Type: Journal Article
  • Journal: Woodrow Wilson School Journal of Public and International Affairs
  • Institution: Woodrow Wilson School of Public and International Affairs, Princeton University
  • Abstract: From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
  • Topic: Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, Grand Strategy
  • Political Geography: Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, South China Sea
  • Author: Mariana Llanos, Alexander Stroh, Cordula Tibi Weber, Charlotte Heyl
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: German Institute of Global and Area Studies
  • Abstract: This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on perceptions recorded in interviews, then applies the strategy to six third-wave democracies, three in Africa (Benin, Madagascar and Senegal) and three in Latin America (Argentina, Chile and Paraguay). It also examines how three conditioning factors affect the level of informal judicial interference: formal rules, previous democratic experience, and socioeconomic development. Our results show that countries with better performance in all these conditioning factors exhibit less informal interference than countries with poorer or mixed performance. The results stress the importance of systematically including informal politics in the study of judicial politics.
  • Topic: Democratization, Development, Power Politics, Law
  • Political Geography: Africa, Argentina, Latin America, Tamil Nadu
  • Author: Anika Oettler
  • Publication Date: 05-2014
  • Content Type: Working Paper
  • Institution: German Institute of Global and Area Studies
  • Abstract: The paper discusses how current methodological debates on the potential of comparative area studies intersect with current trends in transitional justice research. As the field of transitional justice studies is approaching saturation, academic efforts in this field are increasingly focused on empirical as well as theoretical generalization. The challenge of comparative transitional justice research is less to weigh the national impacts of policies than to incorporate a more historicized conception of causality that includes complex longterm processes and global interdependencies. From the perspective of comparative area studies, the case of transitional justice studies testifies to the need to combine the local, national, transnational, translocal, and global levels of analysis.
  • Topic: International Relations, Education, International Law, Political Theory, Law
  • Political Geography: Russia, Europe, East Asia, Latin America
  • Author: Mathis Lohaus
  • Publication Date: 02-2014
  • Content Type: Working Paper
  • Institution: Collaborative Research Center (SFB) 700
  • Abstract: This case study examines to which extent the Organization of American States (OAS) engages in governance transfer to its member states. Both the standards and policies prescribed in regional documents as well as their application are analyzed. Historically, the organization has emphasized two areas. Human rights are protected through multiple treaties and a strong regional legal regime. Democracy is protected by strong incentives to avoid coups and supported via different types of assistance, including a long-standing system of election observation. The OAS addresses good governance since the 1990s, particularly with regard to combating corruption and modernizing public management. Provisions concerning the rule of law are addressed in connection with the other standards. After analyzing the framework and measures of governance transfer, this report explores how the observed patterns can be explained and briefly discusses the future prospects for the OAS.
  • Topic: Human Rights, Law
  • Political Geography: America
  • Author: Hatem Elliesie
  • Publication Date: 04-2014
  • Content Type: Working Paper
  • Institution: Collaborative Research Center (SFB) 700
  • Abstract: The recent developments in predominantly Muslim regions of the world reveal that the question of the constitution and legalization of statehood with reference to Islam presents greater challenges to local authorities than originally expected by many. The dichotomy of law as “divine statute” or “human statute” is only seemingly useful because the “divine statute” of Islamic law has always been standardized and applied within the framework of human order. The prominent position between a supratemporal norm and an unpredictable variety of everyday life reveals the legal cultural diversity of contemporary Islam. In a governancetheoretical analysis, the pluralism of Islamic authorities and institutional actors who interpret the law, especially the law schools (maḏhab, Pl. maḏāhib), therefore need to be taken into account. Their choice of methods and special dogmatic doctrines have since been taken over by the local, national, and state authorities in the finding of justice and application of the law. Their terms, methodology and regulatory structures are presented, explained and shall thereby be made available to a wider readership.
  • Topic: Islam, Law
  • Author: Markar Esayan
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: On August 5th, 2013, an Istanbul court reached its verdict in the Ergenekon coup plot trial, handing down various prison sentences to 247 defendants, including the former Chief of Military Staff and several high-ranking members of the military's command. Although the Supreme Court of Appeals has yet to make a final decision on the 6-year legal battle, the Ergenekon trial has already become part of the country's history as a sign that anti-democratic forces, many of whom date back to the final years of the Ottoman Empire, no longer have free reign. Notwithstanding its limited scope and other shortcomings, the court's decision marks but a humble beginning for Turkey's acknowledgement of the dark chapters in its history, as well as a challenging struggle to replace the laws of rulers with the rule of law.
  • Topic: Government, Law
  • Political Geography: Turkey
  • Author: Anne Sofie Roald
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Muslim Minorities and Citizenship: Authority, Communities and Islamic Law In her comparative study, Ghoncheh Tazmini investigates the Russian revolution of 1917 and the 1979 Iranian revolution to identify patterns of continuity and change, including attempts at reform. At first, both revolutions might appear entirely different. In Russia, the Tsarist monarchy was replaced by socialism, whereas in Iran political Islam prevailed. However, Tazmini convincingly shows that both revolutions had related roots: the people's opposition to Western-inspired, autocratically enforced modernization that was endorsed by the Russian Tsars and Iranian Shahs. Moreover, in Vladimir Putin and Mohammad Khatami, she argues, both countries saw reformers with a similar outlook. By adopting beneficial Western practices without 'Westernizing' their countries, Putin and Khatami overcame the “antinomies of the past.” After the introduction, chapters two, three, and four discuss the experiences of modernization in Russia and Iran under the Romanov tsars and Pahlavi shahs. Both Peter the Great (in the 18th century) and Reza Shah (in the 20th century) sought to catch-up with developed European countries. To this end, they embarked on ambitious modernization programs, which were continued by their successors. In this context, Tazmini shows that the Russian and Iranian modernization programs only partially followed the European example. While embracing outward signs of modernity such as modern industries, state-society relations remained traditionally autocratic. Tazmini rightly grasps this as “modernization without modernity” in an attempt of “modernization from above.” Modernization from above is described as a “double helix” of economic modernization on the one hand and authoritarian political stagnation on the other hand. She notes, “Whilst both countries aspired to converge with the West by meeting its material and technological achievements, they ended up diverging by retaining the autocratic foundations of the ancient régimes.” Chapter five examines the people's opposition to the modernization from above, which resulted in the 1917 and 1979 revolutions. Tazmini argues that the contradiction inherent to modernization from above – economic development versus political stagnation – made people lose confidence in their respective state institutions. This provided the ground on which “ideological channels and fateful 'sparks' culminated in revolution” that replaced the Romanov and Pahlavi monarchies with communism in Russia and an Islamic Republic in Iran.
  • Topic: Islam, Law
  • Political Geography: Russia, Iran
  • Author: Aysegul Cimen
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Principles of Islamic International Criminal Law: A Comparative Search As one of the major components of the Islamic state, Islamic law has drawn considerable attention from different scholars both in the East and West. Particularly, comparative studies on the historical evolution of Islamic law and its application in modern legal systems are some of the major topics in the last two decades. Peters' Crime and Punishment in Islamic Law: Theory and Practice from Sixteenth to Twenty-First Century, Millers' Legislating Authority: Sin to Crime in the Ottoman Empire and Turkey, Hallaq's Shari'a: Theory, Practice, Transformations, and Naim's Islam and the Secular State: Negotiating the Future of Shari'a are some of the prominent books in the field.
  • Topic: International Relations, International Law, Islam, Law
  • Political Geography: Turkey
  • Author: Federico Casolari
  • Publication Date: 09-2014
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Competition Damages Actions in the EU: Law and Practice, by David Ashton and David Henry, Edward Elgar, 2013
  • Topic: Law
  • Political Geography: Europe
  • Author: Rasmus Hundsbæk Pedersen
  • Publication Date: 02-2014
  • Content Type: Policy Brief
  • Institution: Danish Institute for International Studies
  • Abstract: Governments across Sub -Saharan Africa seek to address the increasing pressure on land by introducing land reforms. More than half — at least 32 countries — have introduced reforms since the end of the Cold War. Though the reforms are heterogeneous, most of them share a number of characteristics. Most reforms aim to streamline land legislation, land administration and land dispute settlement and to promote markets in land. These new wave land reforms typically do so by recognising existing rights to land (customary rights included), by decentralising responsibility over land administration and land dispute settlement and by promoting registration and issuing land title deeds. How are land reforms being implemented? What is their effect on institutions at the local level? Are the land administration and land court institutions becoming more accessible due to the reforms? This policy brief addresses some of these questions.
  • Topic: Security, Poverty, Culture, Law, Reform
  • Political Geography: Africa
  • Author: Christine Nissen
  • Publication Date: 05-2014
  • Content Type: Working Paper
  • Institution: Danish Institute for International Studies
  • Abstract: The next European Parliament elections that take place from 22 to 25 May 2014 will not only shape politics in the European Parliament, but also influence the direction of the EU and Europe for the years to come. With the increased powers that the European Parliament gained after the entry into force of the Lisbon Treaty in 2009, the new political majority following the elections has the competences to change or block almost all EU policies as the main legislator in the EU in cooperation with the Council of Ministers. Besides its significantly expanded competences in legislation, the next European Parliament will also for the first time formally 'elect' the next President of the European Commission.
  • Topic: Regional Cooperation, Governance, Law
  • Political Geography: Europe, Lisbon
  • Author: Melisa Foster, Virgil Haden-Pawlowski
  • Publication Date: 10-2014
  • Content Type: Policy Brief
  • Institution: Centre for International Governance Innovation
  • Abstract: Drones and AWS are more than simply new technology; they are a new method of combat engagement, representing a revolution in military affairs (Arkin 2013, 1). The current deployment of certain forms of robotic weapons technology, and the direction of their continuing development and use, are inadequately influenced by international law. While this technology offers strategic advantages and may reduce the need to put military personnel in harm's way, it also creates enormous risks to the erosion or abuse of human rights, peace, national security, ethical conduct in war and international law.
  • Topic: Science and Technology, International Security, Governance, Law
  • Author: Busra Hacioglu, Alina Shams, Amy Wood, Ruiqian Zhang
  • Publication Date: 10-2014
  • Content Type: Policy Brief
  • Institution: Centre for International Governance Innovation
  • Abstract: On December 29, 2013, the journalists Mohamed Fahmy, Peter Greste and Baher Mohamed were arbitrarily arrested and detained in Cairo, Egypt. They were sentenced to seven years in prison after a five-month trial, a verdict US Secretary of State John Kerry called "chilling and draconian" (quoted in Holmes 2014). Although more contentious, the 2002 rendition of Canadian-Syrian citizen Mahar Arar also garnered international condemnation. 2 The subsequent apology by the Canadian government drew attention to the vulnerability of dual citizens, both abroad and at home. In 2006 and 2011, Canadian citizens from Lebanon and Egypt called upon the Canadian government for support during conflicts, with over 13,000 evacuated from Beirut alone by the end of July 2006. These cases all bring to light the complex web of obligations and transnational legalities, which come to the fore during times of conflict. Characterized by an absence of global governance, dual citizenship occupies a grey area in the international arena, as no international conventions directly apply to this citizenship status. In this absence, there are fragmented state responses based on geopolitical and geographical demand - dual citizenship can be permitted, avoided restricted or renounced - according to the whims of states. This has created a messy terrain around rights, state responsibilities, security and migration.
  • Topic: Security, Human Rights, Migration, Governance, Law
  • Political Geography: Lebanon, Syria, Egypt
  • Author: Giulia Mennillo, Suryapratim Roy
  • Publication Date: 09-2014
  • Content Type: Working Paper
  • Institution: Weatherhead Center for International Affairs, Harvard University
  • Abstract: What are the rationales for policymakers to rely on putatively disinterested actors such as credit rating agencies (CRAs) for financial regulatory input? This paper draws on perspectives from International Political Economy and Comparative Legal Studies to analyze the reasons behind the use and retention of external ratings as an indirect instrument of financial regulation. We find that allowing `market practice' to determine the relationship between ratings and regulation creates tautological justifications of the CRAs' authority, and raises compelling questions in terms of legitimacy.
  • Topic: International Trade and Finance, Political Economy, Governance, Law
  • Author: Thomas Gammeltoft-Hansen, Tanja E. Aalberts
  • Publication Date: 10-2014
  • Content Type: Journal Article
  • Journal: Journal of International Relations and Development
  • Institution: Central and East European International Studies Association
  • Abstract: This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states' obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics.
  • Topic: Politics, Sovereignty, Law
  • Author: Richard M. Salsman
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: The Objective Standard
  • Institution: The Objective Standard
  • Abstract: Free Market Economics: An Introduction for the General Reader, by Steven Kates. Northampton, MA: Edward Elgar Publishing, 2011. 352 pp. $50 (paperback). Not since 1924 has there been a comprehensive yet readable book on economics aimed at the ordinary but intelligent citizen that defends and incorporates the field's foundational principle, Say's Law (named after Jean-Baptiste Say, 1767–1832) and its main corollaries: the primacy of production, the entrepreneur as prime mover, and prices as the commercial language that coordinates economies and their subsectors. Now we have such a book: Free Market Economics: An Introduction for the General Reader by Australian business economist Steven Kates. His prior books examined the prevalence of Say's Law among top economists during the pro-capitalist 19th century and its abandonment by most economists in the anti-capitalist 20th century. The handful of texts on economic principles since the 1920s that recognize the superiority of a free economy have been too technical, narrowly devoted to refuting economic fallacies, or tainted by dubious philosophy. This book avoids such flaws. Kates accomplishes what was last achieved by Oxford professor Henry Clay (1883–1945) in Economics: An Introduction for the General Reader (1924). Better still, Kates's book offers a modern, more sophisticated, more pro-capitalist treatment than did Clay's book, and it provides the ideas people need to grasp and refute the disastrous dogmas and policies of Keynesianism. At the core of this book is Say's Law, the principle that supply constitutes demand, that one cannot demand (or purchase) anything in any market without first producing an economic value for offer (or, in a monetary economy, without first earning spendable income by producing value). This principle recognizes that markets are made by the producers and that the most economically important producer of all is the entrepreneur, who specializes in soliciting and coordinating the other main factors of production: land (including raw materials), labor, capital, and financing. Say's Law condenses the truth that material prosperity is attained not by consuming (using up) wealth, but by saving, investing, and producing wealth. Unlike most textbooks today, Kates's says economics should explain wealth creation, or “net added value,” not how we ration “scarce resources.” Keynesianism, Kates explains, explicitly rejects Say's Law and asserts that a free market is prone to “failures” and crises, to excessive production, deficient consumption, and depressions; it further insists that government deficit spending, money printing, and near-zero interest rates can fix said market failures. Keynesian policies assume, contra Say's Law, that there can be an aggregate, economy-wide excess of abundance, or deficiency of aggregate demand. Say's Law holds that aggregate supply and aggregate demand are the same thing viewed from different perspectives and thus cannot be unequal; recessions entail reduced production and typically (but not always) are caused by government policies that are antithetical to production and profits. In contrast to Keynesianism, Say's Law, properly understood, tells economists (and citizens) to reject the contradictory claim that a contracting economy reflects an overexpanding economy, that somehow poverty is caused by prosperity, and it recommends the rejection or removal of any policies that impede or depress the incentive or capacity of entrepreneurs to create wealth or employ other factors of production. According to Kates, Say's Law “is the essence of market-based economics”; and “without the clarity that [it] brings, economic theory has lost its moorings and the irreplaceable value of leaving things to the market in directing economic activity cannot be understood” (p. 6). Yet, the classical, Say-based theory of the business cycle and public policy “has the ability to penetrate the darkness left by Keynesian theory in understanding the causes of recessions and the steps that are needed to bring recovery about” (p. 7). . . .
  • Topic: Economics, Government, Law
  • Political Geography: Australia
  • Publication Date: 09-2014
  • Content Type: Video
  • Institution: Columbia University World Leaders Forum
  • Abstract: This World Leaders Forum program features an address by His Excellency Dr. Mohamed Moncef Marzouki, President of the Republic of Tunisia, titled The Arab Spring and the Tunisia Initiative on Creating an International Constitutional Court, followed by a question and answer session with the audience.
  • Topic: Governance, Law, Political Activism
  • Political Geography: Arabia, North Africa, Tunisia
  • Author: Jose Luis Leon-Manriquez, Nnenna M. Ozobia
  • Publication Date: 03-2014
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Central America is receiving more attention in the U.S. news media and from the U.S. government than at any time since the region's civil wars and domestic insurgencies three decades ago. Unfortunately, the attention is negative. The focus has shifted from the 1980s Cold War battles of President Ronald Reagan's administration to the violence associated with organized crime, drug cartels and street gangs (maras). In Drug Trafficking and the Law in Central America: Bribes, Bullets, and Intimidation, Julie Marie Bunck and Michael Ross Fowler—professors of political science at the University of Louisville—provide those interested in Central America, the drug trade and U.S. foreign assistance in the region with an invaluable tool for understanding the causes and implications of drug trafficking through an analysis of what they term the “bridge countries” of Belize, Costa Rica, Guatemala, Honduras, and Panama. The authors intentionally do not include Mexico, which they argue (correctly) involves a different dynamic both in terms of the strength or weakness of the state, and the nature of the drug trade.
  • Topic: Law
  • Political Geography: China, Central America