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Begin New Search Publishing Institution Collaborative Research Center (SFB) 700

11. Governance Transfer by the Southern African Development Community (SADC). A B2 Case Study Report

Author:
Anna van der Vleuten
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
As early as 1992, the Treaty of the Southern African Development Community (SADC) already included a commitment to human rights, democracy, and the rule of law as governance standards in its member states, but it was in 2001 that SADC significantly broadened its efforts at governance transfer. SADC focuses in particular on standards related to gender, (socioeconomic) human rights, and (electoral) democracy, which are promoted and protected through various instruments including military interventions and sanctions in the framework of security cooperation. While the rule of law and good governance have also gained a more prominent place on the agenda since 2001, standards and instruments are less developed. Overall, there is a significant gap between the prescription of standards and policies on the one hand and the implementation of measures on the other. The suspension of the SADC Tribunal in 2010 following its rulings on human rights issues clearly shows the limits of SADC as an active promoter vis-à-vis its member states.
Topic:
Security, Development, and Governance
Political Geography:
Africa

12. Governance Transfer by the Organization of American States (OAS). A B2 Case Study Report

Author:
Mathis Lohaus
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
This case study examines to which extent the Organization of American States (OAS) engages in governance transfer to its member states. Both the standards and policies prescribed in regional documents as well as their application are analyzed. Historically, the organization has emphasized two areas. Human rights are protected through multiple treaties and a strong regional legal regime. Democracy is protected by strong incentives to avoid coups and supported via different types of assistance, including a long-standing system of election observation. The OAS addresses good governance since the 1990s, particularly with regard to combating corruption and modernizing public management. Provisions concerning the rule of law are addressed in connection with the other standards. After analyzing the framework and measures of governance transfer, this report explores how the observed patterns can be explained and briefly discusses the future prospects for the OAS.
Topic:
Human Rights and Governance
Political Geography:
America

13. Governance Transfer in the North American Free Trade Agreement (NAFTA). A B2 Case Study Report

Author:
Mathis Lohaus
Publication Date:
02-2014
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
This case study examines to which extent the Organization of American States (OAS) engages in governance transfer to its member states. Both the standards and policies prescribed in regional documents as well as their application are analyzed. Historically, the organization has emphasized two areas. Human rights are protected through multiple treaties and a strong regional legal regime. Democracy is protected by strong incentives to avoid coups and supported via different types of assistance, including a long-standing system of election observation. The OAS addresses good governance since the 1990s, particularly with regard to combating corruption and modernizing public management. Provisions concerning the rule of law are addressed in connection with the other standards. After analyzing the framework and measures of governance transfer, this report explores how the observed patterns can be explained and briefly discusses the future prospects for the OAS.
Topic:
Human Rights and Law
Political Geography:
America

14. Binnenpluralität des Islamischen Rechts - Diversität religiöser Normativität rechtsdogmatisch und -methodisch betrachtet

Author:
Hatem Elliesie
Publication Date:
04-2014
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
The recent developments in predominantly Muslim regions of the world reveal that the question of the constitution and legalization of statehood with reference to Islam presents greater challenges to local authorities than originally expected by many. The dichotomy of law as “divine statute” or “human statute” is only seemingly useful because the “divine statute” of Islamic law has always been standardized and applied within the framework of human order. The prominent position between a supratemporal norm and an unpredictable variety of everyday life reveals the legal cultural diversity of contemporary Islam. In a governancetheoretical analysis, the pluralism of Islamic authorities and institutional actors who interpret the law, especially the law schools (maḏhab, Pl. maḏāhib), therefore need to be taken into account. Their choice of methods and special dogmatic doctrines have since been taken over by the local, national, and state authorities in the finding of justice and application of the law. Their terms, methodology and regulatory structures are presented, explained and shall thereby be made available to a wider readership.
Topic:
Islam and Law

15. Governance Transfer by the Southern African Development Community (SADC)

Author:
Anna van der Vleuten and Merran Hulse
Publication Date:
03-2014
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
As early as 1992, the Treaty of the Southern African Development Community (SADC) already included a commitment to human rights, democracy, and the rule of law as governance standards in its member states, but it was in 2001 that SADC significantly broadened its efforts at governance transfer. SADC focuses in particular on standards related to gender, (socioeconomic) human rights, and (electoral) democracy, which are promoted and protected through various instruments including military interventions and sanctions in the framework of security cooperation. While the rule of law and good governance have also gained a more prominent place on the agenda since 2001, standards and instruments are less developed. Overall, there is a significant gap between the prescription of standards and policies on the one hand and the implementation of measures on the other. The suspension of the SADC Tribunal in 2010 following its rulings on human rights issues clearly shows the limits of SADC as an active promoter vis-à-visits member states.
Topic:
Democratization, Gender Issues, Human Rights, and Governance
Political Geography:
Africa and South Africa

16. Security sector reconstruction in a post-conflict country: Lessons from Timor-Leste

Author:
Deniz Kocak
Publication Date:
10-2013
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
Post-conflict missions by the United Nations are increasingly mandated to reform the security sector and to establish viable security governance organs in, often, collapsed states. UN missions in Timor-Leste, tasked with the build-up of local security institutions and forces from 1999 to 2005, were regarded by some as successful examples of externally-led security sector transformation in so far as they managed to establish a local police force and local security governance institutions. Yet, the breakdown of the Timorese security sector during violent clashes between newly created security forces in 2006 hinted at weaknesses in the externally driven implementation of SSR. The UN mission subsequently mandated to assist in rebuilding the dysfunctional security sector, was however openly challenged by growing local resistance towards external meddling into the highly sensitive domain of security, and simultaneously, by assertive local approaches to security governance. By tracing the UN mission's steps in performing SSR before and after the security breakdown of 2006, the paper explains inherent flaws in the UN's approach and expounds the Timorese' alternative approach. It will be argued that the UN failed to enforce its security governance model in Timor-Leste creating the way for an evolving local approach to security governance.
Topic:
Conflict Resolution, Security, Governance, and Reconstruction
Political Geography:
East Asia, United Nations, and Timor-Leste

17. Human Rights Obligations of Non-State Actors in Areas of Limited Statehood

Author:
Bernd Ladwig, Daniel Jacob, and Andreas Oldenbourg
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
The idea of a natural duty of justice expresses our cosmopolitan duty to ensure that everyone's human rights are institutionally protected and promoted. The state system is one way to specify this duty: Within a moral division of labor, states have an obligation to protect their citizens' human rights, and the community of states as a whole has subsidiary obligations if states fail to do so. In areas of limited statehood, however, both the remains of the state and the international community often do not fulfill their obligations. Without relieving them of their obligations, this raises the question as to whether it is possible to assign human rights obligations to non-state actors operating in areas of limited statehood, such as TNCs or NGOs. Our core argument is that these non-state actors do indeed have specific human rights obligations, which can be specified by examining their special relations to their social environment. Making use of criteria prominent in the global justice debate, we propose to distinguish four types of special relations: membership, cooperation, negative impact, and power. The relation between a non-state actor and society, then, determines the social scope of its human rights obligations.
Topic:
Civil Society, Human Rights, International Law, Non-Governmental Organization, and Governance

18. Evaluating Governance. Effectiveness and Legitimacy in Areas of Limited Statehood

Author:
Cord Schmelzle
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
While it is widely acknowledged that effectiveness and legitimacy both play an important role in the evaluation of governance, the causal relationship between these two concepts is far from clear. While some theorists hold that there is an inevitable trade-off between the demands of effectiveness and legitimacy, others argue that both qualities are mutually reinforcing. The aim of this paper is to shed light on the relationship between these two standards under conditions of limited statehood. The paper is organized into three sections: In the first section I will define the central concepts of effectiveness and legitimacy. While the main features of the concept of effectiveness are straightforward, the concept of legitimacy is notoriously opaque. In the second section, I will argue that the causal relationship between effectiveness and legitimacy is far more complex than usually assumed. Most scholars describe the connection as a virtuous circle: The more effective a political order or institution is, the more legitimate it is, and the more legitimate it is, the more effective it becomes. While the causal pathway from legitimacy to effectiveness is well understood, this does not hold true for the reverse connection from effectiveness to legitimacy. I will therefore identify four necessary conditions which have to be met in order to make the virtuous circle argument compelling. These are the conditions of (1.) “instrumental legitimacy belief,” (2.) “shared social goals,” (3.) “transparency,” and (4.) “generalization”. Finally, I will argue that these conditions are serious challenges to effective and legitimate governance in areas of limited statehood.
Topic:
Civil Society, Corruption, Power Politics, Fragile/Failed State, and Governance

19. From Compliance to Practice: Mining Companies and the Voluntary Principles on Security and Human Rights in the Democratic Republic of Congo

Author:
Jana Hönk and Tanja A. Börzel
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
Transnational institutions increasingly commit multinational companies to human rights and social standards on a voluntary basis. Our paper investigates the security practices of multinational companies and whether these comply with the Voluntary Principles on Security and Human Rights. Analysing the case of mining companies in the Democratic Republic of Congo we evaluate the impact of the Principles on local security practices and critically analyse the effects of these practices. We argue that one needs to go beyond compliance studies, which focus on the implementation of formal programs (output) and rule-consistent behaviour (outcome), in order to evaluate corporate governance contributions. We therefore develop a conceptual framework that looks at companies' local security practices, including non-compliant practices, and their effects on local security. Our approach leads to a more differentiated evaluation of the effects of voluntary standards and the potential for corporate governance contributions than much of the literature on business and governance does.
Topic:
Security, Human Rights, Natural Resources, and Neoimperialism
Political Geography:
Africa and Democratic Republic of the Congo

20. Governance with/out Government: False Promises or Flawed Premises?

Author:
Tanja A. Börzel
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
Governance with/out government has emerged as an alternative or functional equivalent to government. While there seems to be an increasing demand, the promise of governance to compensate for the weakness or failure of government rests on a major premise. Governments have to be strong enough so that non-governmental actors have an incentive to cooperate, and governments are not afraid of being captured. If this premise held, it would result in a serious dilemma for areas of limited statehood: The greater the demand for governance with/out government, the less likely it is to emerge and to be effective, precisely because government is weak.
Topic:
Government, Sovereignty, Political Theory, and Governance