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241. Regulating War: A Taxonomy in Global Administrative Law

Author:
Daphné Richemond-Barak
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article examines the intersection between the private security and military industry and the emerging framework of global administrative law ('GAL'). I explore in this article one aspect of this intersection, namely the use of GAL to create a taxonomy of the industry's regulatory schemes. The industry is characterized by a fragmented and decentralized regulatory framework, which has yet to be presented in a complete and orderly fashion. This article fills the gap by applying GAL's methodology to the private security and military industry. Using the industry as a case study in GAL, I identify (1) international formal administration (the United Nations Working Group on Mercenaries); (2) distributed domestic administration (contract and domestic legislation); (3) hybrid modes of administration (multi-stakeholder initiatives); and (4) private modes of administration (industry associations and codes of conduct). By emphasizing – but not limiting itself to – hybrid and private modes of administration, this article describes what is an increasingly complex manifestation of global governance. Its purpose is to highlight GAL's potential in understanding and contending with the growth of the private security and military industry.
Topic:
War and Law
Political Geography:
Africa and United Nations

242. Secularization of politics and law

Author:
Candan Turkkan
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
Central European University Political Science Journal
Institution:
Central European University
Abstract:
This paper offers a theoretical analysis of the interplays of secularization in the sphere of law and the sources of legality in liberal democracies. First section focuses on the sphere of law, and argues that not only its form and content, but also its enforcement has become secular. These surely happen simultaneously with secularization in a different yet related aspect of governance – namely, the practices of law-making. The following section argues that secularization in this particular area of who makes the law has taken place in conjunction with the rise of liberal, parliamentary, constitutional democracy that attributes the constituent power of the politico-legal system to the people. A direct effect of this is observable in the ways people identify (identity) with the politico-legal system and how the system represents (representation) the people have changed; this is extensively discussed in the last section.
Topic:
Law
Political Geography:
North America

243. The "Peoples' Congresses" in Russia: Failure or Success? Authenticity and Efficiency of Minority Representation

Author:
Alexander Osipov
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This paper addresses the phenomenon of public fora which are designed to represent certain ethnic groups and are set up through popular vote. The academic and practical interest in such "congresses" results from the fact that over time it has been shown that these endeavors have: (1)proven to be viable and durable organization structures for about two decades; (2)secured flexibility in their establishment and functioning;(3) provided for mass participation in public discussions and voting; (4) avoided "identity trap" and most complexities related to setting qualifications and the selection of eligibility criteria for the participants; (5) been a bridge between minority activists and public authorities. At the same time, the real practical outcomes, the ability to act independently and visibility of the "congresses" on the political landscape are far from being obvious, and this raises questions about the reasons for such doubtful achievements and the very meaning of "representation" in such a context.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Asia

244. Language Policies and Law in Education in Post-Soviet Belarus

Author:
Iryna Ulasiuk
Publication Date:
09-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The dissolution of the Soviet Union brought to the fore claims of linguistic minorities which had been ignored far too long. In almost all of the former Soviet republics language became an impetus to national revival and an important instrument in consolidating the newly independent states. At times excessively accentuated and overly politicized, the language issue demanded immediate reaction. It was not, therefore, surprising, that almost all of the former Soviet republics rejected to various degrees the legal dogmas which had been created in the Soviet Union and moved towards the weakening of the bonds within the former USSR, the lowering of the status of the Russian language as a symbol of long-term oppression and, as a consequence, the strengthening of the position of the titular language. Belarus has somewhat stood aloof in the process. With Russian being the de facto main language, and Belarusian playing largely a symbolic function, the position of other languages spoken by minority groups residing within the territory of Belarus seems indeed precarious. The present paper seeks to identify the main tendencies in the development of language legislation in the area of education, which has traditionally been considered as determinant for the survival of the language, in Belarus. It investigates the place of the Belarusian legislation in the field of education reserved for the language rights of the titular nation and those of national minorities.
Topic:
Education, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Belarus

245. Finish the Job

Author:
Paul D. Miller
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Since 2001, Afghanistan's economy has grown at an impressive rate and major development indicators in the country have improved dramatically. Even security and the rule of law -- long neglected -- are now improving. Washington and its allies could still win in Afghanistan if they are given the time they need.
Topic:
Security, NATO, Corruption, and Law
Political Geography:
Afghanistan and Washington

246. Letter to the Editor: Securing Justice in Kenya

Author:
Albert Muriuki
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
John Githongo's article "Fear and Loathing in Nairobi" (July/August 2010) failed to mention one institution that is keeping Kenya's elite in check: the International Criminal Court (ICC), which is trying to bring justice to millions of Kenyans affected by the postelection violence of 2007-8.
Topic:
Corruption and Law
Political Geography:
Kenya

247. New Research on Transitional Justice

Publication Date:
02-2011
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Participants: Aryeh Neier (Founder, Human Rights Watch and President, Open Society Institute), Monika Nalepa (Political Science Department, Notre Dame University), Lara Nettelfield (Post-Doctoral Fellow, Harriman Institute, Columbia University), Tina Rosenberg (Pulitzer Prize-winning author of The Haunted Land: Facing Europe\'s Ghosts after Communism), Ruti Teitel (Ernst C. Stiefel Professor of Comparative Law, and Associate Director, Center for International Law, New York Law School, and Visiting Professor, London School of Economics), and Leslie Vinjamuri (School of Oriental and African Studies, University of London). This event is part of the "Human Rights in the Post-Communist World: Strategies and Outcomes " series (Harriman Core Project 2010-2011).
Topic:
Human Rights, Human Welfare, International Law, Post Colonialism, and Law
Political Geography:
Africa, New York, and Europe

248. Bibliography of Periodical Literature

Author:
Norbert Scholz
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
This section lists articles and reviews of books relevant to Palestine and the Arab-Israeli conflict. Entries are classified under the following headings: Reference and General; History (through 1948) and Geography; Palestinian Politics and Society; Jerusalem; Israeli Politics, Society, and Zionism; Arab and Middle Eastern Politics; International Relations; Law; Military; Economy, Society, and Education; Literature, Arts, and Culture; Book Reviews; and Reports Received.
Topic:
Politics and Law
Political Geography:
Israel, Palestine, and Arabia

249. Lessons from the Past for Foreign Sovereign Immunity After Samantar v. Yousuf

Author:
Saurrabh Sanghvi
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In Samantar v. Yousuf,2 the Supreme Court held that an individual sued personally for acts taken as a foreign official did not enjoy any immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA), a statute governing when courts should provide foreign states with sovereign immunity.3 After Samantar, immunity in any individual official suit will likely be determined through reference to the pre-FSIA federal common law. This report outlines the pre-FSIA practices4 of the U.S. Department of State (“State Department”) and the courts to provide insight into how individual official suits may be handled in the wake of Samantar.5 If courts follow historical practice, they will likely rely heavily on State Department “suggestions of immunity” in determining whether immunity will be granted to individuals for actions taken as foreign officials. Moreover, when the Department is silent, the courts will likely interpret State Department policy to determine whether immunity is appropriate.
Topic:
Foreign Policy, Law, Legal Theory, and Immunity
Political Geography:
North America and United States of America

250. THE ROLE OF THE COMMITTEE TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Author:
Chelsea Purvis
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report analyzes the role of the Committee to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It provides an overview of the Committee’s mandate under CEDAW, finding that its mandate is similar to those of other human rights treaty bodies to which the United States reports. Like other human rights treaty bodies, the CEDAW Committee engages with States parties through a process of dialogue. It cannot consider complaints from individuals against states that have not ratified CEDAW’s Optional Protocol. The report then reviews the principle criticisms of the Committee by opponents of U.S. ratification of the Convention, exploring both the Committee’s most controversial recommendations and its contested legal authority. It discusses the contexts in which the Committee has made its most controversial recommendations and notes that each recommendation has had limited practical effect. The report explains that the CEDAW Committee does not have the legal authority to compel a State party to modify its law or values. If the United States were to ratify the Convention, the Committee’s findings and recommendations would have no direct binding legal authority under either domestic or international law. Finally, the report considers the effect that American participation might have on the Committee. U.S. ratification of CEDAW would allow the United States to contribute to the Committee’s process of dialogue. The United States has found engagement with other human rights treaty bodies productive, even though it does not consider recommendations made by human rights committees to be legally binding. U.S. ratification would also permit the United States to participate in the selection of Committee members, making it more likely that Committee recommendations would even more fully reflect U.S. standards.
Topic:
Gender Issues, Law, Women, and Discrimination
Political Geography:
United States of America and North America