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4821. Post-Colonial Public Law: Are Current Legal Establishments Democratically Illegitimate?

Author:
Jean-Paul Gagnon
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The extant literature covering indigenous peoples resident on the African continent targets colonial law as an obstacle to the recognition of indigenous rights. Whereas colonial law is argued by a wide body of literature to be archaic and in need of review, this article takes a different route and argues the perspective that colonial law is democratically illegitimate for ordering the population it presides over – specifically in Africa. It is seen, in five case studies, that post-colonial public law structures have not considered the legitimacy of colonial law and have rather modified a variety of constitutional statutes as country contexts dictated. However, the modified statutes are based on an alien theoretical legality, something laden with connotations that hark to older and backward times. It is ultimately argued that the legal structures which underpin ex-colonies in Africa need considerable revision so as to base statutes on African theoretical legality, rather than imperialistic European ones, so as to maximise the law's democratic legitimacy for both indigenous and non-indigenous Africans.
Topic:
Law
Political Geography:
Africa

4822. Provisional Registration of a Retirement Fund under Scrutiny in Swaziland

Author:
Mtendeweka Mhango and P. Thejane
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
Recently the Industrial Court of Swaziland was faced with a complaint in Mngadi v Motor Vehicle Accident Fund's Pension Fund, which raised two important issues of first impression in Swaziland retirement law. This note discusses the significance and effects of Mngadi on provisional registration of retirement funds in Swaziland. It argues that Mngadi should be welcomed because it clarifies the significance of the need for retirement funds to operate in accordance with their registered rules. The note also discusses the problems with the Registrar's power to issue a provisional certificate of registration under Section 5 in light of the problems that emerged in Mngadi. The note argues that Mngadi should be welcomed because it highlights the characteristics of a defined benefit fund, and implicitly distinguishes it from a defined contribution fund. While Mngadi should generally be welcomed, the Industrial Court should be criticised for its failure to develop the law.
Topic:
Law
Political Geography:
Swaziland

4823. Electoral Conflict and Justice: The Case of Zimbabwe

Author:
Conrad Nyamutata
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
In recent years, Africa has faced a new form of conflict arising from disputed elections. Incumbents have refused to vacate office after apparently losing elections, triggering violent conflict. Regional organisations have invested considerable political energy to manage these conflicts. Post-electoral conflict accords (PECAs) resulting in power-sharing have been the favoured modus vivendi with regional mediators. However, little attention has been paid to the crucial issue of justice in the management of these disputes. Like most conflicts, electoral conflict centres on perceived injustice in the electoral process. Therefore, in order to manage these conflicts in an effective way, justice must be acknowledged in both procedural and substantive content. This article focuses on management of electoral conflict in Zimbabwe. It argues that the protracted post-electoral conflict in Zimbabwe can be explained, to a large extent, through failure to acknowledge procedural, distributive and retributive justice concerns.
Political Geography:
Africa and Zimbabwe

4824. Historical Construction and Development of Bosniak Nation

Author:
Caner Sancaktar
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
Every nation and national identity is a product of long historical process because nation is constructed and develops historically. Especially, conflicts with other ethnic - religious groups, nations and central government make great contribution to construction and development of nation. Therefore, as other nations, Bosniak nation historically has been constructed and developed during centuries. Major historical events and steps which shaped and affected historical construction and development of Bosniak nation are as following: (1) Islamization process in Bosnia and Herzegovina under the Ottoman rule since second half of 15th century; (2) the Bosniak rebellions led by Bosniak landowners and kapetans (the commanders of fortresses) against the Ottoman central government in 19th century; (3) armed resistance of Bosniak people against the Habsburg occupation, political opposition of Bosniak clerics and landowners against the Habsburg rule in Bosnia and Herzegovina between 1878 and 1918, and foundation of the Muslim National Organization in 1906; (4) Political opposition of the Yugoslav Muslim Organization founded in 1919 against Serbian and Croatian nationalism which oppressed Bosniaks within the First Yugoslavia; (5) clashes between Bosniaks and the Chetniks and between Bosniaks and the Ustasha during the Second World War; (6) official recognition of Bosniak nation by the socialist regime as one of the six constituent nations of the Second Yugoslavia; (7) significant progress in economic, social, political and cultural status of Bosniak people in the Second Yugoslavia; (8) foundation of the Party of Democratic Action and the Muslim Bosniak Organization after collapse of the socialist regime; (9) the Bosniak armed resistance against Serbian and Croatian militarist-nationalism during the Bosnian War from April 1992 to December 1995; (10) foundation of Bosnia and Herzegovina in which Bosniak politicians undertake influential political roles after the Bosnian War; (11) newspapers and periodicals published by Bosniak intellectuals, political parties and cultural associations in the periods of the Habsburg rule, the First Yugoslavia, the Second Yugoslavia and after collapse of the Second Yugoslavia. So, this article, in order to explain historical construction and development of Bosniak nation, focuses on these historical events and steps occurred within six historical periods of Bosnia and Herzegovina: the Ottoman rule in Bosnia and Herzegovina between 1463 and 1878, the Habsburg rule in Bosnia and Herzegovina until 1918, the period of the First Yugoslavia between 1918 and 1941, the period of the Second World War, the period of the Second Yugoslavia until 1990, and disintegration process of the Second Yugoslavia in the 1990s.
Political Geography:
Bosnia, Herzegovina, and Yugoslavia

4825. Could Turkey Be a Dominant Regional Power?: The Rise of Turkey as a Country of Middle-East and Europe

Author:
Bulend Aydin Ertekin
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
According to the common idea, "the economic power determines the political power." By this general principle, when we look at the powerful states, we see that these states (countries) have, at the same time, the powerful political effect on the other actors. In this paper, some trade and economic data of Turkey are shown in order to localize its place in the World rankings. By this purpose, this paper argues the fact that Turkey which, being one of the countries belonging G-20, has tried since 1991 to play a big role in its bilateral relations in Caucasia, Central Asia and Middle East (CCAME). However, when the data of international business of Turkey and those of each one of the countries of Central Asia treated in the contents of research are studied, it is seen very clearly that the influence of Turkey in Central Asia is not very dominant or does not create a dominating effect over the economic plan in spite of the existence of the diplomatic effects, visa facilities and the visits based upon the cultural level and mutually testified. Without any doubt, although nobody can deny the existence and the probability of the gradual growth of Turkey's relations in CCAME's countries, Turkey, whose face is turned mainly towards the occident and the large majority of trade made within the European countries,tries to be an influential actor in the determined areas. Naturally, in spite of the celebration of Nawruz with the Turkic World, acting as a Muslim country in Middle East, and accepting the norms of European Union as a European democratic and laicized country in Europe, Turkey presents several identities and makes it a multi-colored actor who can be used in favor of Turkey's interests.
Topic:
Foreign Policy and Globalization
Political Geography:
Europe, Turkey, and Middle East

4826. Turkish-Armenian Relations and the Issue of the Recognition of the claims of the Armenian genocide

Author:
Alica Vidlickov
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
This article examines the Turkish-Armenian relations, its development throughout the history and the situation between those two countries since Recep Tayyip Erdogan became the prime minister of Turkey in 2003 resulting in the change of the Turkish foreign policy. The main focus is on the problems between Turkey and Armenia stemming out from the different view on the happenings in 1915 and the recognition of the so called Armenian genocide. The article analyzes the decision-making of the individuals, the international organizations and the states when it comes to the question of the so called Armenian genocide and the reasons of the decisions made by individuals and states. These decisions are subjected to criticism on the basis of the reality image theory by Ibrahim Canbolat (1993) and the Thomas theorem (1928) as well as other criteria. States are the most important actors in the article because they form the foreign policy and the influence of this particular problem of the decisions of states influences the relations between Turkey and the EU as well as other world powers. Turkey's importance and image are still worsened due to these reasons and unfortunately, it seems that states have no interest in finding the truth.
Topic:
Foreign Policy and Genocide
Political Geography:
Turkey and Armenia

4827. Transformation of Turkish Foreign Policy Toward the Middle East : From Non-Involvement to a Leading Role

Author:
Mustafa Yetim and Cengiz Dinc
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
Turkey's foreign policy toward the Middle East has gone through a radical change over the decades. Earlier periods were marked by almost a complete neglect. However, since Özal, Turkey's interest toward the region has constantly increased. Especially in the last few years of the AKP government, in line with the new foreign policy vision, the Middle East has started to occupy a central place in Turkish foreign policy. In this article, underlying factors of this changing policy and newly envisioned regional role for Turkey will be analyzed. Turkey now pursues a pro-active and multidimensional foreign policy; and the Middle East seems to be the most suitable area for Turkey to implement a successful foreign policy based upon its new parameters.
Topic:
Foreign Policy
Political Geography:
Turkey, Middle East, and Israel

4828. The Trials and Tribulations of Constitutionalism and the Constitution Making Process in Zimbabwe

Author:
Jephias Mapuva
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
Constitutionalism in Zimbabwe has been characterised by controversy with citizens getting a raw deal. The colonial era was characterised by deprivation of basic rights and civil liberties. A plethora of constitutions were established to try and create a semblance of black representativity. The post-colonial era was informed by governance structures provided by the Lancaster House Constitutional document which was a surrender document that brought the protracted liberation struggle to an end. The vagaries of the Lancaster House Constitution lived to haunt even those who fought for the country, leading to an expression of dissatisfaction with its contents. After successive indecisive elections conducted under the Lancaster House Constitution, the political and economic crises of 2008 led to an impasse and the signing of the Global Political Agreement which gave birth to the Inclusive Government, a transitional arrangement during which a new constitutional draft would be written and put to a referendum. This paper will explore the general theory of constitutions from the Aristotelian classical perspective. Thereafter the paper will also provide an overview of the concept of constitutionalism, followed by the case of Zimbabwe from the colonial era and the various constitutional documents that existed. The recent political development and the role of civil society herein represented by the National Constitutional Assembly (NCA) will be presented and how the civic group has articulated the constitution reform debate since its inception in 1997.
Political Geography:
Zimbabwe

4829. Critical Security in the 21st Century: The Resonating Voices of Thucydides

Author:
James Rochlin
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
What makes Thucydides' work so incredibly alive and relevant for global politics today is the analytic of how the story is told. Three points stand out in this regard. First, the The Peloponnesian War features a momentous epistemological jump. One facet of this, among so many, is that divinity is swept aside and humans become the masters of their own destiny. Next, despite its recent reputation for being a classic text of Realism, Thucydides' work is not subject to the stultifying shackles of ideological boundaries. It is vastly eclectic and non-doctrinaire. Finally, the unraveling of the 27-year epic war is told through a multitude of competing voices that evokes the reader to interpret the text's ultimate meaning. It is this element that injects so much life into the text, since rather than being subjected to the dictation of 'truth' through an author's monologue, the reader must assume the role of judge and truth producer. These themes of epistemic rupture, human agency, eclecticism and situated truth are vital in relation to analyzing the current juncture in world politics, especially regarding the opportunities and perils of navigating through a sweeping transformation of the global constellation of power.

4830. American Democracy Promotion In The Arabian Gulf

Author:
Muhammad Azam and Sagheer Ahmad Khan
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
Advanced democracies, including the United States, have been championing democratic promotion around the world. In the past, American policy towards the Arab Middle East, however, had been mainly based on just paying lip-service to democracy sans concrete measures for promoting a democratic culture in the region. The events of 9/11 marked a watershed in the history of US foreign policy towards the region. Facing calls for a democratic Arab World from home and abroad in the wake of 9/11 the US government raised the ante for pushing democracy in the Arab Middle East. The rhetoric and emphasis laid on 'democracy in the Arab World' by the American leadership over the years after 9/11 was unprecedented. This study deals with the visible shift in US foreign policy vis-à-vis democracy in the region, focusing on the six GCC states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. In addition to American approach and strategy, practical measures taken in the areas of politics, economy, education, media, civil society, and human rights is also furnished. An effort is made to understand and highlight the methods and tools employed by the foreign democracy promoters, both at the levels of state and society. However, a large part of the study appertains to the activities conducted at the grass-roots level. The study is comparative in its nature, based on empirical analysis.
Topic:
Civil Society and Human Rights
Political Geography:
United States, America, Middle East, Kuwait, Arabia, Saudi Arabia, Bahrain, Qatar, and Oman