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41. Competing Definitions of the Rule of Law: Implications for Practitioners

Author:
Rachel Kleinfeld Belton
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Definitions of the rule of law fall into two categories: (1) those that emphasize the ends that the rule of law is intended to serve within society (such as upholding law and order, or providing predictable and efficient judgments), and (2) those that highlight the institutional attributes believed necessary to actuate the rule of law (such as comprehensive laws, well-functioning courts, and trained law enforcement agencies). For practical and historical reasons, legal scholars and philosophers have favored the first type of definition. Practitioners of rule-of-law development programs tend to use the second type of definition. This paper analyzes the challenge of effectively defining the rule of law, through an examination of both types of definitions, the historical background of each, and the implications of each for rule-of-law development efforts.
Topic:
Development, Government, International Law, and Politics

42. Democracy and Constituencies in the Arab World

Author:
Marina S. Ottaway
Publication Date:
07-2004
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
THE CENTRAL DILEMMA OF DEMOCRATIC reform in Arab countries can be summed up fairly simply. Presidents and kings remain too powerful, untrammeled by the limits imposed by effective parliaments and independent judiciaries. Countervailing institutions remain weak, if they exist at all, not only because constitutions and laws deliberately keep them that way, but also because they are not backed by organized citizens demanding political rights, participation, and government accountability. This does not mean that there is no desire for democracy on the part of Arab publics. Recent opinion surveys suggest that in the abstract there is strong support for more open political systems, increased protection of human rights, and broader personal liberties. However, the existence of a general, diffuse sense that democracy is a good thing is quite different from the existence of organized constituencies that provide a counterweight to the authoritarianism of incumbent governments. The demand, or better the desire, for democracy is present in the Arab world today; what is lacking is a supply of broad-based political organizations pushing for democracy—political parties, social movements, labor unions, large civic organizations. Unless such constituencies develop, the future of democracy remains extremely uncertain. In many countries, governments anxious to burnish their modern image will continue to introduce modest reforms. Until the governments face stronger pressure from organized citizens, however, they will not take steps to truly curb the power of the executive by strengthening checks and balances and allowing unfettered political participation.
Topic:
Government and Politics
Political Geography:
Middle East and Arabia

43. Is Gradualism Possible? Choosing a Strategy for Promoting Democracy in the Middle East

Author:
Thomas Carothers
Publication Date:
06-2003
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
As part of the changed U.S. geostrategic outlook arising from the September 11, 2001, terrorist attacks against the United States, the Bush administration is giving greatly heightened attention to the issue of promoting democracy in the Middle East. Although a policy of coercive regime change has been applied in Iraq, in most of the region the administration is pursuing a more gradualist model of political change that emphasizes diplomatic pressure and democracy-related aid.
Topic:
Democratization and Government
Political Geography:
United States, Iraq, and Middle East

44. Liberalization Versus Democracy: Understanding Arab Political Reform

Author:
Daniel Brumberg
Publication Date:
05-2003
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
No American administration has talked more about democracy in the Middle East than the Bush administration. The president and his advisors have spoken optimistically about a post-Saddam democracy in Iraq, one that might eventually become a veritable light to other Arab nations. This grand vision assumes that sooner or later, advocates of democracy throughout the Middle East will demand the same freedoms and rights that Iraqis are now claiming. Yet, however inspiring this vision appears, the actual reform plan that the administration has thus far set out is unlikely to produce radical changes in the Arab world. Regardless of how dramatic the change in Baghdad is, when it comes to our friends in Egypt, Jordan, Kuwait, Morocco, and Yemen, the administration's reform plan points to evolution rather than revolution.
Topic:
Democratization and Government
Political Geography:
Iraq, America, Middle East, Arabia, Arab Countries, and Egypt

45. Global Challenges: Beating the Odds

Author:
P.J. Simmons
Publication Date:
08-2002
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
The global to-do list has never been more daunting. New arteries for transport, trade, finance, and communications require constantly updated rules. Freer, faster movement across borders necessitates filters to separate terrorists from traders and levees to contain infectious disease, pollution, invasive species, and financial disruption. Once-sovereign responsibilities such as poverty, child labor, and human rights shift to become international moral concerns. Technologies of literally world-shaking power—capable of destroying humans en masse, altering Earth's ecology, or upsetting atmospheric stability—create a set of truly global issues.
Topic:
Conflict Resolution, Civil Society, and Government

46. Mythmaking in the Rule of Law Orthodoxy

Author:
Frank Upham
Publication Date:
09-2002
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
As governments and donor agencies struggle over questions of aid and international development, a growing consensus is emerging regarding the connections between poor governance and underdevelopment. An increasing number of initiatives, from the U.S. Millennium Challenge Account to the New Partnership for African Development (NEPAD), explicitly link improving governance with pursuing sustainable development and poverty alleviation. Lack of pluralism and transparency, inefficient bureaucracies, and underdeveloped public institutions contribute to corruption, reduce governmental responsiveness to citizens' needs, stifle investment, and generally hamper social and economic development. A frequent donor favorite on the laundry list of “good governance” reforms advocated for developing countries is rule of law reform. The new development model contends that sustainable growth is impossible without the existence of the rule of law: a set of uniformly enforced, established legal regimes that clearly lays out the rules of the game.
Topic:
Democratization, Development, and Government
Political Geography:
Africa and United States

47. Do Judicial Councils Further Judicial Reform? Lessons from Latin America

Author:
Linn Hammergren
Publication Date:
06-2002
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
JUDICIAL REFORM EFFORTS IN LATIN AMERICA, and by extension worldwide, seem to fall easily prey to magic bullets. In the past two decades, reformers in the region and aid providers from North America and Western Europe have seized upon a whole series of entry points for judicial reform—including model codes, accusatory criminal justice systems, court administration reforms, information technology, alternative dispute resolution, legal services, and constitutional courts. Sometime during the late 1980s, as the issue of judicial independence came to receive more serious attention, judicial councils joined the list, and nearly a dozen countries adopted them. It was not until the late 1990s that questions about their utility began to emerge. Although Latin America is beginning to reexamine its love affair with the councils, the model has been gaining ground in other regions. Western Europeans, who invented the mechanism, have been suffering their own doubts. This has not prevented their joining with U.S. reformers in recommending it to postcommunist nations in Eastern Europe and the former Soviet Union and in Africa, Asia, and the Middle East. The cautionary lessons from Latin America's several-decade experiment with judicial councils have not yet been analyzed and disseminated. This essay is a start in that direction.
Topic:
Democratization and Government
Political Geography:
America, Europe, France, South America, Latin America, and Central America

48. Foreign Direct Investment: Does the Rule of Law Matter?

Author:
John Hewko
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
THE CONVENTIONAL WISDOM within the international development community is that foreign direct investment (FDI) is an important component of economic growth and prosperity in transitional and developing countries and that a crucial, if not decisive, factor in enticing such investment is a stable, consistent, fair, and transparent legal and judicial system. As a recent World Bank publication concluded: The massive move by developing and transition countries toward market economies necessitated the adoption of strategies for the encouragement of private investment, domestic and foreign. Naturally, there was a general realization that such an objective could not be achieved without modifying and, sometimes, completely overhauling the legal and institutional framework and firmly establishing the rule of law, thereby creating the necessary climate of stability and predictability.
Topic:
Emerging Markets, Government, and International Trade and Finance

49. Russia's Decline and Uncertain Recovery

Author:
Thomas E. Jr. Graham
Publication Date:
05-2002
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
For much of the first decade after the collapse of the Soviet Union, the issue of reform—of transition to free-market democracy—dominated discussions of Russia in Russia itself and in the West. Russian president Boris Yeltsin advocated reform; Western governments declared their support and offered their assistance. This was particularly true of the U.S. government. President Clinton's administration came into office in 1993 determined to assist Russia in its transformation into “a normal, modern state—democratic in its governance, abiding by its own constitution and by its own laws, market-oriented and prosperous in its economic development, at peace with itself and the rest of the world,” as deputy secretary of state Strobe Talbott, the chief architect of the U.S. administration's Russia policy, was wont to put it.
Topic:
Economics and Government
Political Geography:
Russia, United States, Europe, Asia, and Soviet Union

50. The Internet and State Control in Authoritarian Regimes: China, Cuba, and the Counterrevolution

Author:
Shanthi Kalathil and Taylor C. Boas
Publication Date:
07-2001
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
It is widely believed that the Internet poses an insurmountable threat to authoritarian rule. But political science scholarship has provided little support for this conventional wisdom, and a number of case studies from around the world show that authoritarian regimes are finding ways to control and counter the political impact of Internet use. While the long-term political impact of the Internet remains an open question, we argue that these strategies for control may continue to be viable in the short to medium term.
Topic:
Communism, Government, Science and Technology, and Sovereignty
Political Geography:
China and Asia