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11. Words that Hurt (2): National and International Perspectives on Hate Speech Regulation

Author:
Kyriaki Topidi
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
Faced with a piecemeal approach to hate speech in Europe, leading to the reduced visibility of the phenomenon with often serious consequences, a variety of regional and international organisations have contributed legal documents and interpretative recommendations that attempt to guide states in their practice of combating hate speech. The present paper, following up on a previous one, will engage first with the international legal and regulatory framework of hate speech, placing emphasis on the European elements of the system in place. At a second stage, the paper will briefly survey twenty European national systems exposing the variety of regulatory patterns on the issue. Finally, the study will conclude with a list of common observations pertaining to the regulation of hate speech in the European continent, as they have emerged from the comparative analysis of the case-studies.
Topic:
Governance, Minorities, Regulation, Discrimination, Hate Speech, and Institutionalism
Political Geography:
Europe

12. People-Driven Response: Power and Participation in Humanitarian Action

Author:
Jeremy Konyndyk and Rose Worden
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Center for Global Development (CGD)
Abstract:
The notion that humanitarian response should center on the people it serves, rather than the aid agencies serving them, has been repeatedly codified in humanitarian commitments as far back as the early 1990s. Yet the mainstream humanitarian system has struggled to translate these commitments into practice: corresponding reform efforts have failed to systemically broaden accountability to and participation of aid recipients in response efforts. Major constraints have included misaligned incentive structures between donors and aid agencies, power imbalances between aid providers and aid recipients, and operational and political complexities arising at field level. To produce real systemic change, the aid system must move beyond technical and rhetorical approaches to accountability and begin reshaping the power and incentive structures that influence aid decision-making. This paper proposes a set of mutually reinforcing recommendations centered around three imperatives: enshrining the influence of aid recipients at all levels of aid decision-making; developing independent channels for soliciting the priorities and perspectives of crisis-affected people; and institutionalizing a set of enabling changes to humanitarian operational and personnel practices.
Topic:
Development, Humanitarian Aid, Institutionalism, and Humanitarian Crisis
Political Geography:
Global Focus

13. Will International Institutions Fail Again? International power shifts and the future of global cooperation

Author:
Matthew D. Stephen
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
International institutions thrive when they are utilized, their rules are respected, and they are important in shaping international outcomes. They fail when they fall into disuse, their rules are violated, or they otherwise become peripheral to the events of world politics. In order to function effectively, international institutions require a minimum level of agreement amongst their most powerful members. In many institutions today, the level of agreement is shrinking. While geopolitical tensions are real, the biggest risk to international institutions comes from the unravelling of domestic and transnational social coalitions in favour of economic openness and ideals of internationalism. To rescue international institutions, it will be necessary to take action at the national level. This means using the policy tools available to national governments to create economic security, reduce inequality, and foster inclusive community identities. This may come at the expense of deeper international integration, but it will be better for international cooperation in the long run.
Topic:
Security, Inequality, Institutionalism, Community, and International Institutions
Political Geography:
Global Focus

14. China in Xi’s “New Era”: The Return to Personalistic Rule

Author:
Susan L. Shirk
Publication Date:
04-2018
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
After Mao Zedong died, Deng Xiaoping and his colleagues sought to prevent “the overconcentration of power” by introducing fixed terms of office, term limits, and a mandatory retirement age; delegating authority from the Communist Party to government agencies; and holding regular meetings of Party institutions. All these moves were designed to decentralize authority, regularize political life and check dictatorial power. The centerpiece of the institutionalization project was the practice of regular peaceful leadership succession followed by Jiang Zemin and Hu Jintao. Regular premortem leadership succession was a rare achievement in a communist system and the most important source of China’s “authoritarian resilience.” Yet today, Xi Jinping is taking China back to a personalistic dictatorship after decades of institutionalized collective leadership. He has clearly signaled his intention to remain in office after his normal two terms end in 2022. This article analyzes the reasons why the institutional rules and precedents laid down since Deng Xiaoping’s time failed to prevent the emergence of another strongman leader like Mao Zedong.
Topic:
Authoritarianism, Political stability, and Institutionalism
Political Geography:
China and Asia

15. Global Governance to Combat Illicit Financial Flows

Author:
Council on Foreign Relations
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
International efforts to curb illicit financial flows (IFFs) resemble post–Cold War collaboration in other issue areas that have risen on the global agenda: climate change, global health, internet govern- ance, and cybersecurity. Nongovernmental actors, including private corporations and nongovern- mental organizations (NGOs), have often driven agenda-setting in those domains. The focus has shifted over time, as new issues have been added and as older issues have assumed renewed im- portance. That reshaped agenda has in turn affected the institutional ecosystem of global action, which is captured only in part by formal and informal intergovernmental institutions. These new is- sue areas are characterized not by a single dominant institution or core set of institutions but by mul- tiple clusters of institutions that have each claimed a segment of the agenda and the instruments of cooperation. The result is a fragmented landscape with disjointed actors and organizations that often compete, collaborate, and act in parallel in pursuing their collective ends.1 The term of art for such an institutional landscape, one with several institutional or legal founda- tions, is “regime complex.”1 The regime complex for combating IFFs differs in its complexity from other, similar issue areas. Defining IFFs produces disagreement among researchers, activists, and policymakers. “Illicit” captures a normative judgment perhaps broader than “illegal.” For law en- forcement, IFFs are framed by predicate crimes, activities that are illegal in one jurisdiction or anoth- er and often of greater interest to authorities than IFFs. For those interested in broader global out- comes, such as the effects of IFFs on economic development, “illicit” could include cross-border fi- nancial flows associated with activities that they believe should be forbidden, such as tax avoidance by multinational corporations (MNCs). Those activities may not be illegal, however.2 These categories shift over time: bribery of foreign officials by corporations based in Organization for Economic Co- operation and Development (OECD) countries was made illegal in the United States well before it was criminalized in other industrialized countries. Variations in national treatment of both IFFs of certain kinds and the underlying predicate crimes have made harmonization of national policies and their implementation in many IFF domains difficult. IFFs are also one of the most important features of globalization’s dark side. Unlike other illicit or dangerous cross-border flows, however, IFFs bear almost no markers in and of themselves: pecunia non olet. Tainted food, endangered species, and dangerous individuals all present fewer problems of identification. For IFFs, it is suspicious activity rather than a characteristic of the funds themselves that generates the attention of those attempting to curb the flows. These definitional and identification problems make measuring the effectiveness of counter-IFF policies more difficult than assessing the effectiveness of policies in other issue areas. As many skep- tics and critics have pointed out, without a clear grasp of the scale of underlying flows, the scale of effects, though perhaps not the direction, of policies to counter those flows cannot reliably be deter- mined.3 If the costs of enforcement and compliance or unintended negative effects are included in estimates, the balance sheet becomes even more uncertain. International collaboration to curb IFFs and domestic measures to support that collaboration are directed to a wide array of predicate crimes that produce IFFs (drug trafficking, terrorism, or tax eva- sion) or to negative externalities (global “bads,” such as corruption) that both support IFFs and are sustained and promoted by them. This diversity of IFF sources and effects, and the public policy goals that follow, mobilize an unusually large number of actors: law enforcement agencies, financial super- visors and ministries, private financial institutions, and NGOs. These actors are interested more in certain IFFs and predicate crimes than in others. The links between specific crimes or categories of crime and larger global outcomes of interest, whether economic development or international securi- ty, are often second or third order. As a result, political attention to these issues—and willingness to bear the costs of implementation—fluctuates over time and across jurisdictions. As Peter Reuter and Edwin M. Truman observed in their classic 2004 account, the anti–money laundering (AML) regime (a subset of the complex countering IFFs) “reflects shifting priorities, compromises, and trade-offs.”4 This variation over time is particularly important in combating IFFs, because enforcement depends largely on national governments and both their incentives and their capacity to enact anti-IFF poli- cies. Financial markets and naming-and-shaming campaigns can strengthen those national efforts; they can also direct attention and effort against particular IFFs. However, they cannot substitute en- tirely for government action. What follows is a summary and introduction to organized international efforts to combat IFFs. In order to limit the policy universe, the narrower definition of IFFs used by the World Bank—“money illegally earned, transferred, or used that crosses borders”—will be used to define the wider interna- tional regime complex to combat IFFs.5 Mapping the institutions and actors involved in this issue area over time will capture the evolution of the global IFF agenda and the politics surrounding its de- velopment and implementation.
Topic:
International Trade and Finance, Governance, Institutionalism, and Illegal Trade
Political Geography:
Global Focus

16. Term Limits for African Leaders Linked to Stability

Author:
Africa Center for Strategic Studies
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Africa Center for Strategic Studies
Abstract:
Progress toward institutionalizing the norm of presidential term limits in Africa has been mixed. Leaders in 5 countries have evaded term limits since 2015, bringing the number of countries lacking term limits to 18. In contrast, 21 African countries have upheld presidential term limits, and an additional 15 now have such limits on the books. These limits, in turn, have wide-ranging implications
Topic:
Authoritarianism, Democracy, Political structure, Political stability, and Institutionalism
Political Geography:
Africa, North Africa, West Africa, Central Africa, and Southern Africa

17. State-building: A Roadmap for the Rule of Law and Institutionalisation in the Kurdistan Region

Author:
Dlawer Ala'Aldeen
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Middle East Research Institute (MERI)
Abstract:
Despite frequent digressions, the system of governance in the Kurdistan Region of Iraq (KRI) has made significant progress. However, this has always been influenced by internal and external political, economic, and security dynamics. In parallel, the system has inherited aspects from the former Iraqi, Middle Eastern and other models of governance- resulting in the formation of unique system. Further developing and reforming the governing system in the KRI requires a tailor-made solution that takes into account Kurdistan’s historical, cultural, religious and geographical background. Clearly the achievements and progress of the Region in the past 26 years should not be underestimated; as the KRI is in a neighbourhood bedevilled with regional powers with political agendas as well as weak or failed states. In addition, the KRI faces existential threats from violent extremist forces using the pretext of religion or nationalism in attempt to destabilise the Region. However, the KRI’s own increasing weakness is in its governance, which poses the greatest threat to its fate and future. Hence, this research-based policy book aims (1) to identify the key structural and functional weaknesses in the KRI’s governance system, and (2) to provide a 10-year roadmap capable of addressing these weaknesses. This book is an extended policy-report, a product of extensive research based on in-depth face-to-face interviews and roundtable meetings with more than 200 experts, including policy-makers, decision-makers and academics across the KRI’s governorates. In particular, the report focuses on reforming the management structures and mechanisms needed to promote the rule of law and create an environment conducive to achieving good governance, through: Adopting a transitional constitution for the KRI to serve as a framework and roadmap until the issue of the disputed territories is resolved. Transferring the political decision-making authority into the key democratic institutions. Enhancing legitimacy in the decision-making process. Maintaining the independence of government Consolidating the legislative, executive and judiciary institutions so they become sources of independent authority rather than tools for political interests. Amending dated laws and filling the numerous legislative gaps. Devolving power through administrative decentralisation and empowering local government. Enhancing the decision-making process and minimising bureaucracy. Strengthening institutions through restructuring and optimisation of staff numbers and performance. Enhancing institutional audit, monitoring and performance assessment. . Creating a tailor-made system for quality assurance, accreditation and performance management. This book provides detailed policy recommendations with the aim of introducing radical changes in the governance system, ensuring strengthened institutional structures, and empowering leadership and decision-making processes. The recommendations are designed to enhance the functionality and resilience of KRI’s system of governance in the face of future threats and crises. The public and the political leadership (including those in power and the opposition) have no choice but to engage heavily in nation- and state-building in the KRI with clear will and determination in order to achieve unity and prosperity. Left unaddressed, the status quo will not achieve the legitimate expectations of the people and will ultimately lead to failure of the entire governing system. Indubitably, reform and institutionalisation cannot be actualised in one institution or one sector of governance alone. Rather, these processes require a comprehensive and overreaching approach involving not only the public, but also the governing and opposition parties as well as the civil society.
Topic:
Reform, Political structure, Institutionalism, and State Building
Political Geography:
Iraq, Middle East, and Kurdistan

18. With a Little Help from the Opposition? Relaxing Term Limits in the Argentine Provinces

Author:
Adrian Lucardi and Maria Gabriela Almaraz
Publication Date:
08-2017
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
How do incumbents manage to relax term limits when they cannot impose their preferences unilaterally? Interpreting constitutional reforms as a bargaining game between a term-limited executive and the opposition, we argue that reforms involving term limits should be more likely when (a) the incumbent party can change the constitution unilaterally, or (b) the opposition is pessimistic about its future electoral prospects; moreover, (c) this second effect should be stronger when a single opposition party has veto power over a reform because this precludes the executive from playing a “divide-and-rule” strategy. We examine these claims with data from the Argentine provinces between 1983 and 2017. In line with expectations, the results show that the probability of initiating a reform is highest when the executive’s party controls a supermajority of seats, but falls sharply when a single opposition party has veto power over a reform and this party expects to do well in the next executive election.
Topic:
Reform, Domestic politics, Institutionalism, Local, and Term Limits
Political Geography:
Argentina, South America, and Latin America

19. Collective Regional Image: Logics of Consciousness and Modes of Management in Post-Cold War Africa and Southeast Asia

Author:
Brooke Coe
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
One distinguishing feature of the “new” regionalism is its outward orientation – the increased importance of the external dimension of regional cooperation. It makes sense, then, that efforts to manage external perceptions of a region, on the part of policy-relevant actors in that region, might contribute to important changes to regional norms and institutions. By and large, though, existing accounts of normative and institutional change at the regional level do not explicitly conceptualize and theorize collective image consciousness and management. This paper offers an initial attempt to address this conceptual gap, making use of two cases of regional image crisis (post-Cold War Africa and post-1997 Southeast Asia) in order to draw out logics of regional image consciousness and to distinguish among types of regional image management efforts. As regional communities of states, Africa and Southeast Asia promoted and adhered to a relatively strict interpretation of the principle of non-interference during the Cold War period. In the post-Cold War era, the non-interference norm has eroded in both regions. In each, these developments constituted – in part – a collective image management strategy, aimed at external audiences. Reforms to regional institutions were promoted in part as efforts to ameliorate negative international perceptions.
Topic:
Regional Cooperation, Institutionalism, Regionalism, and Post Cold War
Political Geography:
Africa, Asia, and Southeast Asia

20. Collective Regional Image: Logics of Consciousness and Modes of Management in Post-Cold War Africa and Southeast Asia

Author:
Brooke Coe
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
One distinguishing feature of the “new” regionalism is its outward orientation – the increased importance of the external dimension of regional cooperation. It makes sense, then, that efforts to manage external perceptions of a region, on the part of policy-relevant actors in that region, might contribute to important changes to regional norms and institutions. By and large, though, existing accounts of normative and institutional change at the regional level do not explicitly conceptualize and theorize collective image consciousness and management. This paper offers an initial attempt to address this conceptual gap, making use of two cases of regional image crisis (post-Cold War Africa and post-1997 Southeast Asia) in order to draw out logics of regional image consciousness and to distinguish among types of regional image management efforts. As regional communities of states, Africa and Southeast Asia promoted and adhered to a relatively strict interpretation of the principle of non-interference during the Cold War period. In the post-Cold War era, the non-interference norm has eroded in both regions. In each, these developments constituted – in part – a collective image management strategy, aimed at external audiences. Reforms to regional institutions were promoted in part as efforts to ameliorate negative international perceptions.
Topic:
Regional Cooperation, Institutionalism, Regionalism, and Post Cold War
Political Geography:
Africa, Asia, and Southeast Asia