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1. Citizen Commitment – How Fragile States in Sub-Saharan Africa can Thrive

Author:
Clement Mutambo
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
Council on International Policy (CIP)
Abstract:
Fragile states are nations whose institutions of governance are highly susceptible to corruption, deception, and bias. According to the Fund for Peace, the vast majority of Sub-Saharan Africa countries qualify as moderately to severely fragile states. Why? Because African institutions are weak and dysfunctional, and leaders manipulate their systems with impunity. If the fragility fiasco is to be changed, African people need to realize that neither their leaders nor international observations can fix the issue; only the people hold the power to determine their future. Despite the tumultuous conditions in many nations in the Sub-Saharan continent, there is hope. The recent Malawian election demonstrated that despite weak local institutions and inadequate support from the international community, change can be made if citizens unite and demand accountability for corruption and abuses of power. When Malawians realized the outcome of their late 2019 presidential election was rigged, they took matters into their own hands. Even though six international observers, including the United Nations Development Program, Southern African Development Community, European Union, and African Union, argued that the elections were free and fair, overwhelming evidence of ballot tampering suggested otherwise.
Topic:
Governance, Elections, Fragile States, and Courts
Political Geography:
Africa and Sub-Saharan Africa

2. Historical injustice and “Bogus” claims: Large infrastructure, conservation and forest rights in India

Author:
Kanchi Kohli
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
Topic:
Environment, Human Rights, Infrastructure, Courts, Conservation, and Land Rights
Political Geography:
South Asia, India, and Asia

3. LGBTIQ Rights in Kenya: On Artivism and Social Change

Author:
Deborah P. Amory
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The struggle for LGBTIQ rights in Kenya provides a unique and fascinating case study of the powerful social change taking place right now. On May 24, 2019, the High Court of Kenya will rule on whether to decriminalize same-sex relationships, which are currently punishable by up to fourteen years in prison. The court was originally scheduled to decide this case in February but delayed the ruling, citing mounds of documents that had still not been read. Activists pointed out that judges had already had several years to read the documents, and some worried that the delay was a sign of government interference with the judicial process.
Topic:
Social Movement, Political Activism, Courts, and LGBT+
Political Geography:
Kenya and Africa

4. From Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty Withdrawal

Author:
Hannah Woolaver
Publication Date:
01-2019
Content Type:
Journal Article
Abstract:
If a state withdraws from a treaty in a manner that violates its own domestic law, will this withdrawal take effect in international law? The decisions to join and withdraw from treaties are both aspects of the state’s treaty-making capacity. Logically, international law must therefore consider the relationship between domestic and international rules on states’ treaty consent both in relation to treaty entry and exit. However, while international law provides a role for domestic legal requirements in the international validity of a state’s consent when joining a treaty, it is silent on this question in relation to treaty withdrawal. Further, there has been little scholarly or judicial consideration of this question. This contribution addresses this gap. Given recent controversies concerning treaty withdrawal – including the United Kingdom’s exit from the European Union, South Africa’s possible withdrawal from the International Criminal Court, and the threatened US denunciation of the Paris Agreement – and the principles underlying this body of law, it is proposed that the law of treaties should be interpreted so as to develop international legal recognition for domestic rules on treaty withdrawal equivalent to that when states join treaties, such that a manifest violation of domestic law may invalidate a state’s treaty withdrawal in international law.
Topic:
International Law, Treaties and Agreements, European Union, Courts, and State Actors
Political Geography:
United Kingdom, Europe, South Africa, and United States of America

5. The European Union and the Law of Treaties: A Fruitful Relationship

Author:
Paz Andrés Sáenz De Santa María
Publication Date:
07-2019
Content Type:
Journal Article
Abstract:
This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.
Topic:
International Law, Treaties and Agreements, European Union, and Courts
Political Geography:
Europe and European Union

6. Brigitte Bierlein, Federal Chancellor of the Republic of Austria

Author:
Brigitte Bierlein
Publication Date:
09-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
Topic:
Security, Human Rights, National Security, Law, Political stability, and Courts
Political Geography:
New York, Europe, Austria, and European Union

7. Role of Judicial System of Pakistan in Social Maladjustment of the Children under Child Custody Litigation

Author:
Kaleem Javed and Umbreen Javaid
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The present study is aimed to explore the role of judicial system of Pakistan in social maladjustment among the children under child custody litigation. In addition, the study is also intended to find out the gaps in child custody litigation for addressing the problems in child custody litigation. The presents study used qualitative research design and conducted 25 in-depth interviews lawyers, judges, parents and relatives of the children under child custody litigation. For the purpose of data collection, researchers selected eight guardian courts situated in Lahore. Interview guide was used to collect data from the respondents who were selected using purposive sampling techniques. Respondents were assured that their provided information will not be shared with anyone without their prior permission. For analyzing data, thematic analysis technique was used. The present study found that judicial system in general and child litigation particularly have an active role in enhancing social maladjustment among the children. There are many factors which are responsible for this increase which include both internal and external factors of court. However, court is responsible to make decision therefore; the majority of the respondents were of the views that court delay in decision making, unpleasant court environment and inefficiency of staff and judges is the main cause of social maladjustment in children. It is concluded that the role of judicial system and its impacts are very severe upon psychological health of the children, therefore, court should tackle the cases very seriously and on urgent bases for keeping children in good environment according to their needs.
Topic:
Children, Courts, Psychology, and Youth
Political Geography:
Pakistan, South Asia, and Punjab

8. Current law constraining the President: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 2

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the second of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. As explained in Part 1 of this series, the Trump administration’s continued support for the Saudi coalition’s war in Yemen has triggered a range of Congressional responses. Although Congress faces challenges in passing new legislation to denounce Saudi Arabia’s actions in Yemen and its killing of Jamal Khashoggi, the White House’s Saudi policy implicates at least four pieces of existing legislation: the Arms Export Control Act (AECA), the War Powers Resolution, the Foreign Assistance Control Act (FAA), and the Leahy Laws. These laws were all passed during the Cold War to curtail the executive’s increasing ability to unilaterally sell arms, supply military aid, and order U.S. troops to assist allies in a theater of war. The executive must abide by these laws. If the President refuses or cuts corners, Congress can bring him to heel directly via impeachment, or indirectly through court orders that force executive branch agencies to halt the restricted activity.
Topic:
Government, War, Law, Courts, and Legislation
Political Geography:
Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

9. Constraining U.S. foreign policy by enforcing current law: a series on Congress’s options to limit arms sales and aid to Saudi Arabia, part 3

Author:
Jacques Singer-Emery
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
This is the third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
Topic:
Government, International Law, Law, War Crimes, Weapons, Courts, and Legislation
Political Geography:
Yemen, Saudi Arabia, North America, United States of America, and Gulf Nations

10. Representation of Women in the Judiciary in Turkey

Author:
Bertil Emrah Oder
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The recently announced Judicial Reform Strategy was subject to public debate with a series of promises ranging from issuing green passports to lawyers as a privileged of visa exemptions to the introduction of an appeal process in criminal cases concerning the freedom of expression.1 The fundamental shortcoming of this new strategy and other reform efforts is the lack of a specific agenda on the representation of women professionals in the judiciary, especially in the leading positions including the apex courts. Policies on women’s representation in the judiciary remained “invisible” in recent reform efforts on judicial policies.
Topic:
Gender Issues, Law, Women, Inequality, Courts, Criminal Justice, and Representation
Political Geography:
Turkey and Middle East