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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