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50401. Armed Conflicts in Africa and Western Complicity: A Disincentive for African Union's Cooperation with the ICC

Author:
Ifeonu Eberechi
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Intrinsic in the concept of international justice for violations of international humanitarian law is the requirement of cooperation by states and, to a large extent, regional bodies with the International Criminal Court (ICC). Unlike domestic courts, the ICC is not endowed with law enforcement power nor could such power be imputed to it as part of its functions. It is against this background that the on-going crisis of corporation between the ICC and the African Union (AU) following the indictment of Sudanese President Omar al-Bashir for international crime portends a far reaching implication for the administration of international criminal accountability. As part of a broader diagnosis of the reasons for the AU's opposition, this paper, while discussing armed conflicts in Africa, which provides the fillip for gross human rights violations in the region, exposes the contributions of the West. It concludes that an effective enforcement of international justice in the region must include an inquiry into the role of international actors and Western powers in promoting and exacerbating the situation.
Political Geography:
Africa

50402. The Emerging Role of the Constitutional Value of Ubuntu for Informal Social Security in South Africa

Author:
Clarence I. Tshoose
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This paper explores the significance of the African value of ubuntu within the context of social protection. The paper argues that ubuntu as a constitutional value plays a crucial role in supporting the existence of informal social security in South Africa. It concludes by reflecting the overarching potential that the traditional African value has for influencing the social protection and enhancing family solidarity in the South African context.
Political Geography:
South Africa

50403. L'Afrique et le système de justice pénale internationale

Author:
Pacifique Manirakiza
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Africa has been ravaged by armed conflicts and/or oppressive regimes for decades. During those conflicts or oppressive regimes, heinous crimes such as genocide, war crimes and crimes against humanity have been committed and made millions of victims. Among these, only a handful number saw some justice. This was possible essentially because the international community took a vigorous stance against the impunity of war criminals and genocidaires by creating international judicial mechanisms, such as the International Criminal Court (ICC), to deal with it. Also, some individual African States have prosecuted international crimes within their municipal courts as well as some western States based on the universal jurisdiction principle. This article analyses the African contribution to the building of the international criminal justice system. It also addresses the African objections against the ICC intervention in Africa and the use of the universal jurisdiction criticized as a form of imperialism and neo-colonialism disguised in a judicial form. It concludes by exploring the feasibility of an African Criminal Court.
Political Geography:
Africa

50404. The Human Rights System, Activist Forces, and International Institutions

Author:
Yemisi Dina
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Professor Henry Steiner et al in the book International Human Rights in Context: Law, Politics, Morals: Texts and Materials described the African System as the “newest, least developed or effective.....most distinctive and most controversial”. However the African Charter on Human and Peoples' Rights even though in its infancy has managed to be an effective international human rights instrument according to the findings of the study conducted by Professor Obiora Okafor in his book The African Human Rights System, Activist Forces And International Institutions. The book is a testamentary evidence of some of the achievements of this system through the African Charter on Human and Peoples' Rights. The African continent is faced with a number of regional obstacles but Okafor has contributed his well researched work to scholarship by documenting some of the critical issues in the area of international human rights which cannot be found anywhere else. The book can also serve as casebook on African.
Political Geography:
Africa

50405. Internal Enforcement: The Political Economy of Immigration

Author:
Keith D. Malone
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
Over the past several years, Americans have become more aware and more vocal regarding the number of illegal aliens who have taken up residence in the United States. While this issue—and a resolution of this issue—is still being debated, many have questioned why current enforcement efforts are so lax. The focus of this paper is on the government agency responsible for the enforcement of our immigration laws, and in particular how the actions of this agency are influenced by political interests. This paper fills a gap in the literature-to-date by examining the enforcement of immigration laws within the interior of the nation. While other studies put border enforcement efforts in a political framework, this analysis is the first, to the authors' knowledge, to place interior enforcement within the interest-group theory of government framework. Our findings indicate that pressure groups shape the pattern of enforcement that emerges. Despite polls that indicate a majority of Americans favoring stricter enforcement, government enforcement agencies charged with this responsibility apparently succumb to the wishes of those that matter most politically.
Topic:
Government, Political Economy, Politics, Immigration, and Law Enforcement
Political Geography:
United States and America

50406. Insurance Regulation in the United States and the European Union: A Comparison

Author:
Martin Eling, Robert W. Klein, and Joan T. Schmit
Publication Date:
11-2009
Content Type:
Policy Brief
Institution:
Independent Institute
Abstract:
In this paper we compare insurance regulatory frameworks in the United States (US) and European Union (EU), focusing primarily on solvency, but also considering product and price regulation, as well as other elements of consumer protection. This comparison highlights the use of more fluid and principles-based approaches in the EU as it is developing under Solvency II, while the US continues to focus essentially on static, rules-based regulation. The discussion further notes evidence suggesting that the EU approach is more successful in promoting a financially solid insurance sector.
Topic:
Government and Political Economy
Political Geography:
United States and Europe

50407. Keys to Economics of Global Warming: A Critique of the Dismal Theorem

Author:
Sungno Niggol Seo
Publication Date:
11-2009
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
M. L. Weitzman in his paper "On Modeling and Interpreting the Economics of Catastrophic Climate Change" argues that a standard cost-benefit analysis cannot be used as a tool for climate change policy since the problem of climate change possesses a large irresolvable uncertainty. I critique his analysis on two grounds: 1) key issues in the economics of global warming and 2) the claim on catastrophe. I point out that the fundamental economics of global warming is to provide a public good that is spatially global and temporally lasting, for several centuries, by a globally coordinated effort. The fundamental issue is how to cooperate on a global scale to regulate greenhouse gases given the divergent needs and preferences of individuals, businesses, countries, and even future generations. I argue that Weitzman misinterprets climate science by assuming that all scenarios are equally likely and that there will be no policy intervention to control greenhouse gases. In addition, he focuses on long-term climate predictions. Finally, impact studies do not support catastrophic outcomes from climate change within this century.
Topic:
Climate Change, Economics, Environment, and International Cooperation

50408. A Report on the Patrol Special Police and Community Safety in San Francisco

Author:
Edward Stringham
Publication Date:
12-2009
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
This paper provides an analysis of one of the longest established private police groups in America, the San Francisco Patrol Special Police (PSP). Dating back to the days of the Gold Rush, the PSP are a collection of independent companies that the city charter authorizes to patrol different neighborhoods at the request of private clients. A survey was conducted to investigate why private parties pay the PSP rather than simply relying on government police. The results indicate that the PSP play an important role in providing safety that citizens cannot obtain if they rely solely on the San Francisco Police Department's safety services. However, despite these evident benefits, the PSP face some challenging political and regulatory obstacles. This article finds evidence that members of the San Francisco Police Department (SFPD) have been using regulations to restrict competition and effectively take over business using the force of law. This report documents some of the expenses these practices cost taxpayers and offers some suggestions for regulatory reform.
Topic:
Law Enforcement
Political Geography:
United States, America, and San Francisco

50409. Attitudes and Perceptions of Prospective International Students from India

Publication Date:
12-2009
Content Type:
Policy Brief
Institution:
Institute of International Education (IIE)
Abstract:
India is currently the top place of origin international students studying at U.S. colleges and universities. Over the past decade, the number of Indian students in the U.S. has increased more than 175 percent, from just under 37,500 students in 1998/99 to over 103,000 in 2008/09. India has, in fact, been the leading place of origin since 2001/02, when it surpassed China. Since 2007/08, students from India have comprised over 15% of all international students in the United States.
Topic:
Education
Political Geography:
United States, China, and India

50410. Evaluating and Comparing the Innovative Performance of the United States and the European Union

Author:
Malgorzata Runiewicz-Wardyn
Publication Date:
09-2009
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
There are significant differences in the innovative capacities between the economies of the United States and European Union. The US was able to gain and maintain technological leadership, whereas most of the EU member states (with the exception of some Scandinavian economies) still lag behind in the competitiveness and innovation rankings.
Topic:
Economics and International Affairs
Political Geography:
United States and Europe