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2. Transitional Justice in Tunisia: Tension Between the Need for Accountability and Due Process Rights
- Author:
- Howard Varney and Katarzyna Zdunczky
- Publication Date:
- 05-2018
- Content Type:
- Working Paper
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensive framework to redress past abuses and to hold perpetrators to account.
- Topic:
- International Law, Law, and Transitional Justice
- Political Geography:
- Africa and Tunisia
3. A World in Transition: the Rise of Populism and the Fall of Multilateralism? (Full Issue)
- Author:
- Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, and Joel Martinez
- Publication Date:
- 04-2017
- Content Type:
- Journal Article
- Journal:
- The Journal of Diplomacy and International Relations
- Institution:
- School of Diplomacy and International Relations, Seton Hall University
- Abstract:
- For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
- Topic:
- International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, and Capital Flows
- Political Geography:
- Africa, China, Asia, Latin America, and Tanzania
4. Journal of Public and International Affairs 2017
- Author:
- Bethany Atkins, Trevor Pierce, Valentina Baiamonte, Chiara Redaelli, Hal Brewster, Vivian Chang, Lindsay Holcomb, Sarah Lohschelder, Nicolas Pose, Stephen Reimer, Namitha Sadanand, and Eustace Uzor
- Publication Date:
- 05-2017
- Content Type:
- Journal Article
- Journal:
- Woodrow Wilson School Journal of Public and International Affairs
- Institution:
- Woodrow Wilson School of Public and International Affairs, Princeton University
- Abstract:
- From the United States to the Switzerland, this year’s Journal draws on a diverse range of authors’ experiences and studies to analyze a varied—yet timely—set of current issues. By spotlighting topics such as climate change, voting rights, and gender issues, JPIA contributes to the debates that are occurring today. The strong use of quantitative analysis and in-depth study of resources ensures that this year’s Journal adds a select perspective to the debate that hopefully policymakers will find useful and actionable.
- Topic:
- Security, Climate Change, Development, Narcotics Trafficking, Law, Prisons/Penal Systems, Elections, Women, Brexit, Multilateralism, Private Sector, Carbon Tax, Carbon Emissions, and Gerrymandering
- Political Geography:
- Britain, Afghanistan, Africa, China, South Asia, Central Asia, Asia, and Nigeria
5. Breakfast Talk by Thuli Madonsela (former Public Protector of South Africa)
- Author:
- Rosalie Dieleman and David Lando
- Publication Date:
- 11-2016
- Content Type:
- Working Paper
- Institution:
- Public International Law Policy Group
- Abstract:
- Ms. Madonsela is the former Public Protector of South Africa, Chairperson of the African Ombudsman Research Center in South Africa, and one of the drafters of the South African post-Apartheid constitution. She has been in the spotlight during the last year for a report she filed before leaving the Office of the Protector regarding the connection between South African President Zuma and Indian-South African lucrative businessmen Ajay, Atul, and Rajesh Gupta. The report “details a disturbing web of influence exerted over parts of the South African state by a powerful family of Mr. Zuma’s chums”,[1] the Gupta family. The report indicates that the Gupta family was involved in political appointment, including that of the South African finance minister.
- Topic:
- Apartheid, Corruption, Law, and Legal Theory
- Political Geography:
- Africa, South Africa, and Southern Africa
6. Institutionalisation of Sub-Saharan Africa's Land Reforms: The Way Forward
- Author:
- Rasmus Hundsbæk Pedersen
- Publication Date:
- 02-2014
- Content Type:
- Policy Brief
- Institution:
- Danish Institute for International Studies
- Abstract:
- Governments across Sub -Saharan Africa seek to address the increasing pressure on land by introducing land reforms. More than half — at least 32 countries — have introduced reforms since the end of the Cold War. Though the reforms are heterogeneous, most of them share a number of characteristics. Most reforms aim to streamline land legislation, land administration and land dispute settlement and to promote markets in land. These new wave land reforms typically do so by recognising existing rights to land (customary rights included), by decentralising responsibility over land administration and land dispute settlement and by promoting registration and issuing land title deeds. How are land reforms being implemented? What is their effect on institutions at the local level? Are the land administration and land court institutions becoming more accessible due to the reforms? This policy brief addresses some of these questions.
- Topic:
- Security, Poverty, Culture, Law, and Reform
- Political Geography:
- Africa
7. Informal Interference in the Judiciary in New Democracies: A Comparison of Six African and Latin American Cases
- Author:
- Mariana Llanos, Alexander Stroh, Cordula Tibi Weber, and Charlotte Heyl
- Publication Date:
- 04-2014
- Content Type:
- Working Paper
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- This paper assesses the extent to which elected power holders informally intervene in the judiciaries of new democracies, an acknowledged but under-researched topic in studies of judicial politics. The paper first develops an empirical strategy for the study of informal interference based on perceptions recorded in interviews, then applies the strategy to six third-wave democracies, three in Africa (Benin, Madagascar and Senegal) and three in Latin America (Argentina, Chile and Paraguay). It also examines how three conditioning factors affect the level of informal judicial interference: formal rules, previous democratic experience, and socioeconomic development. Our results show that countries with better performance in all these conditioning factors exhibit less informal interference than countries with poorer or mixed performance. The results stress the importance of systematically including informal politics in the study of judicial politics.
- Topic:
- Democratization, Development, Power Politics, and Law
- Political Geography:
- Africa, Argentina, Latin America, and Tamil Nadu
8. Journal of Public and International Affairs 2014
- Author:
- Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, and Naomi Crowther
- Publication Date:
- 05-2014
- Content Type:
- Journal Article
- Journal:
- Woodrow Wilson School Journal of Public and International Affairs
- Institution:
- Woodrow Wilson School of Public and International Affairs, Princeton University
- Abstract:
- From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
- Topic:
- Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, and Grand Strategy
- Political Geography:
- Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, and South China Sea
9. From impunity to prosecution? Sexual violence in Sudan beyond Darfur
- Author:
- Liv Tønnessen
- Publication Date:
- 03-2012
- Content Type:
- Working Paper
- Institution:
- Norwegian Centre for Conflict Resolution
- Abstract:
- Serious shortcomings in Sudanese laws and practices contribute to the lack of protection of victims of rape in Sudan. There is need for comprehensive legal reform, particularly of Sudan's Criminal Law of 1991. The categorisation of rape as a form of adultery does not result only in the virtual impossibility of convicting a rapist, but may even lead to the incrimination of the female victim of rape instead. This is particularly problematic considering the widespread use of sexual violence in the Darfur conflict. One of the encouraging consequences of the international attention on war rapes in Darfur is that women activists are increasingly positioning sexual violence against women as a concern on the national political agenda. Several legal reform initiatives are under way within the country among both state and non-state actors alike. The comprehensiveness of the reforms suggested differs in substance, but there is a consensus among both government and civil society actors that there is a need to differentiate between rape and adultery in current law. This consensus is extremely important, especially considering the sensitive and increasingly politicised and polarised debate on the topic. Although women face serious challenges in the Sudanese legal system, it is important to highlight how women activists are launching reform initiatives in order to bring justice to rape victims and to end the system of impunity for rapists. International donors can contribute a great deal in terms of supporting these reform initiatives and facilitating dialogue forums.
- Topic:
- Crime, Gender Issues, Human Rights, Law Enforcement, and Law
- Political Geography:
- Africa and Sudan
10. Africa's Imperial Presidents: Immunity, Impunity and Accountability
- Author:
- Charles Manga Fombad and Enyinna Nwauche
- Publication Date:
- 01-2012
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- A fundamental tenet of modern constitutionalism is that nobody, regardless of his status in society, is above the law. Constitutional reforms in the 1990s saw the introduction in many African countries of constitutions which for the first time provide some prospects for promoting constitutionalism and respect for the rule of law. This article reviews the extent to which these reforms have addressed the issue of presidential absolutism and the abuses that go with it. It examines some of the factors that made African presidents to be so powerful that the conventional constitutional checks and balances could not restrain their excesses. It also reviews the attempts to limit impunity through immunity provisions. It concludes that unfortunately, the 1990 reforms did not adequately address the problem of presidential absolutism. A number of ways, nationally and internationally, in which presidential accountability could be enhanced and the culture of impunity ended is suggested.
- Topic:
- Law and Reform
- Political Geography:
- Africa
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