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11311. Lifting the Veil

Author:
Patrick Weil
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
French Politics, Culture Society
Institution:
Conference Group on French Politics Society
Abstract:
On July 3, 2003, President Jacques Chirac set up an independent commission to study the implementation of the principle of laïcité [secularism] in the French Republic. I was a member of that commission, chosen most likely for my expertise in the field of immigration policy and nationality law and as a former member of the High Advisory Council on Integration. I arrived with the idea that a law was probably unnecessary for resolving the problems. Yet, after four months of public hearings involving representatives of all religious confessions, political parties, unions, NGOs, and above all actors on the ground-principals, teachers, parents, students, directors of hospitals and jails, company managers - I endorsed a report recommending twenty - five different measures, including the ban on conspicuous religious symbols in public schools. In this essay I would like to explain why.
Topic:
Law

11312. Foreword

Author:
Chernor Jalloh
Publication Date:
03-2004
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
On behalf of the entire Editorial Board, I am pleased to present the inaugural issue of the African Journal of Legal Studies (‘AJLS’) on the theme of Justice and Reconciliation. It is dedicated to the memory of all those who were killed in the genocide in Rwanda in 1994.
Political Geography:
Africa

11313. Violence, Amnesty and Transitional Law: "Private" Acts and "Public" Truth in South Africa

Author:
Rosemary Nagy
Publication Date:
03-2004
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Whereas amnesty is generally associated with impunity and denial, in South Africa, amnesty was pulled into the reach of justice and reconciliation. This article assesses the extent to which South Africa's amnesty fulfilled these normative goals. It centers on the difficulty of differentiating between “private” acts and “political” crimes deserving of amnesty. It argues that the determination of political crimes obfuscated the full extent of apartheid violence and responsibility for it. Consequently, the amnesty process produced a truncated “truth” about apartheid violence that was insufficient to the task of overcoming the past. This is in part an intractable problem embedded in the conflicting tasks of transitional law. The lesson of hope that South Africa offers to other transitional nations is that amnesty should be wound into the promises of democracy without creating false expectations of reconciliation or simplistic truths about the past.
Political Geography:
South Africa

11314. Reconciliation in Post-Genocide Rwanda

Author:
Eugenia Zorbas
Publication Date:
03-2004
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
National reconciliation is a vague and 'messy' process. In post-genocide Rwanda, it presents special difficulties that stem from the particular nature of the Rwandan crisis and the popular participation that characterized the Rwandan atrocities. This article outlines the main approaches being used in Rwanda to achieve reconciliation, highlighting some of the major obstacles faced by these institutions. It then goes on to argue that certain 'Silences' are being imposed on the reconciliation process, including the failure to prosecute alleged RPA crimes, the lack of debate on, and the instrumentalization of, Rwanda's 'histories', the collective stigmatization of all Hutu as génocidaires, and the papering over of societal cleavages through the 'outlawing' of 'divisionism'. The role economic development can play in the reconciliation process is also discussed. Given the Government of Rwanda's central role in the reconciliation process and its progressive drift towards authoritarianism, the article ends with a reflection on the worrisome parallels between the pre and post-genocide socio-political contexts.

11315. U.S. Korea Security Alliance in Transition: A U.S. Perspective

Author:
Michael McDevitt
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
The US-ROK security relationship is in transition. It is a transition that started some time ago, in 1989 to be precise, with the end of the Cold War. What we are experiencing today is simply the latest, and perhaps most public manifestation, of a process that has been gathering momentum since the early days of the first Bush Administration.
Political Geography:
United States and Korea

11316. U.S.-Korea Security Alliance in Transition: A ROK Perspective

Author:
Jae-Kap Ryoo
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
Is the ROK-U.S. alliance relationship in crisis or at a turning point where it can be transformed into a more resilient alliance? Is there simply a semantic debate raising questions at the moment or is the alliance suffering a real crisis? Most observers worry about the alliance's future, and many experts consider that the alliance relationship is in a transitional period: to be redefined and restructured to meet new requirements for the 21st century on the Korean peninsula and in the Asia-Pacific region more generally. At present, the Republic of Korea and the United States need to prepare for the future. In light of various challenges to their security alliance, future prospects do not seem bright. This article is an attempt to do three things: to analyze various challenges to the ROK-U.S. alliance relationship and to consider the strategic implications for the future of the alliance in the Asia-Pacific region; to explore more effective ways to develop a new relationship for the 21st century; and to search for a more appropriate method to make the alliance “unique” in the Asia-Pacific while remaining comparable with the U.S.-Japan alliance and other treaty relationships.
Political Geography:
United States, Japan, and Korea

11317. Changing Inter-Korean Relations and the Impact on the U.S.-ROK Alliance

Author:
Choong Nam Kim
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
With the end of the Cold War, since the 1990s Inter-Korean relations, a lasting reminder of that Cold War, have undergone drastic changes, especially during and after the Kim Dae Jung administration. Peace and stability in Northeast Asia depend on what happens on the Korean peninsula. How Seoul's North Korea policy evolves is of great interest to its allies and will likely impact South Korea's stature in the regional strategic order. In particular, the U.S.-ROK relationship can improve or deteriorate based on the diplomatic direction that South Korea takes with North Korea.
Political Geography:
United States, South Korea, North Korea, Korea, and Northeast Asia

11318. The Changing Role Of China On The Korean Peninsula

Author:
Samuel S. Kim
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
There has been much talk lately about the changing role of China on the Korean peninsula. China's proactive diplomacy during the second standoff over nuclear weapons between the United States and the Democratic People's Republic of Korea (DPRK) stands in marked contrast to the risk-averse “who me?” posture it held during the conflict of the early 1990s that culminated in the U.S.-DPRK Agreed Framework on October 21, 1994. In that earlier conflict, the Chinese opted to sit on the sidelines with the familiar refrain that this was a dispute to be resolved bilaterally between Washington and Pyongyang. In the latest (second) nuclear standoff, China has played the primary catalytic role of facilitating bi-trilateral (DPRK-U.S.-China) and multilateral six-nation dialogues among all the Northeast Asian concerned states, drawing North Korea into a sui generis regional multilateral setting that it had previously sworn off in a quest for bilateral negotiations with the United States. In this process, the People's Republic of China (PRC) and the Republic of Korea (ROK) have increasingly come into virtual geopolitical alignment, in tandem with the straining and fracturing of the ROK-US alliance.
Political Geography:
United States, China, Washington, Asia, Korea, and Pyongyang

11319. China's "Peaceful Rise:" Implications for US Interests in Korea

Author:
Robert Sutter
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
Beginning in 2003, Chinese leaders began a new stage in China's efforts to define China's approach toward its neighboring countries and what China's approach meant for the United States and US interests in Asia and the world. Premier Wen Jiabao addressed the topic of China's peaceful rise in a speech in New York on December 9, 2003. Despite such high level pronouncements, the exact purpose and scope of the new emphasis on China's “peaceful rise” remained less than clear to Chinese and foreign specialists. Consultations in May 2004 with 50 Chinese officials and non-government specialists closely involved in this issue helped to clarify the state of play in Chinese decision-making circles regarding China's peaceful rise and what it meant for China's approach to Korea and the rest of Asia and for US interests and policy in the region.
Political Geography:
United States, China, Asia, and Korea

11320. The Impact of North Korea's WMD Programs on Regional Security and the ROK-U.S. Alliance

Author:
Bruce E. Bechtol, Jr.
Publication Date:
09-2004
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
While the use of weapons of mass destruction such as nuclear programs and missiles has been part of Pyongyang's brinkmanship strategy almost since the very beginning of the Kim Chong-il era, the current string of events that have occurred since the fall of 2002 is unique. Instead of the world and the region having concerns over the nuclear facility at Yongbyon, the situation now exists where North Korea has the potential for weaponizing, using, and proliferating two nuclear programs - both plutonium based, and the Highly Enriched Uranium (HEU) program which came into existence during the 1990s.
Political Geography:
United States and North Korea