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12. Toward The End Of The Global War On Drugs
- Author:
- Khalid Tinasti
- Publication Date:
- 03-2019
- Content Type:
- Research Paper
- Institution:
- Brown Journal of World Affairs
- Abstract:
- Evidence indicates that the “war on drugs” has failed to achieve its stated objectives of eliminating or reducing the production, consumption, and trafficking of illegal drugs. In 2016, an estimated 275 million people used drugs globally, and the value of the drug trade is estimated at between US$426 and $652 billion, an increase from 208 million drug users and $320 billion of market turnover a decade ago.1 Furthermore, the war on drugs has created major negative unintended consequences impacting global development objectives: mass incarceration, a thriving illegal drug market, the spread of infectious diseases, urban violence, and human rights violations. These unintended consequences prompted a global movement to address the problems created by drug control policies, based on evidence that while drug use is harmful, harm can be mitigated with the right mix of policies.
- Topic:
- Crime, War on Drugs, Narcotics Trafficking, and Rule of Law
- Political Geography:
- Global Focus
13. Gendarmeries and constabulary-type police: Roles and responsibilities of police with mixed military and civilian characteristics
- Author:
- Ronja Harder and Jasper Linke
- Publication Date:
- 01-2019
- Content Type:
- Special Report
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
- Topic:
- Security, Human Rights, Law Enforcement, Military Affairs, and Rule of Law
- Political Geography:
- Geneva and Global Focus
14. Constitutionalism and the Mechanics of Global Law Transfers
- Author:
- Andreas L. Paulus and Johann Ruben Leiss
- Publication Date:
- 12-2018
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- This article explores rule of law transfers from an international perspective. Based on the observation that the proposal of an emerging international constitutional order seems to have lost momentum this article emphasizes a global legal reality that is characterized by a complex and rather non-hierarchical interplay between various (fragmented) international legal orders and suborders as well as national legal orders. This article discusses four legal mechanisms that are of pivotal relevance with respect to global rule of law transfers. These mechanisms include, first, so-called “hinge provisions” as doorways between different legal orders, second, harmonious interpretation as a legal tool of integration, third the sources of international law enabling transmission of norms and providing a framework for judicial interaction and, fourth, judicial dialogue as an informal means of rule of law transfer.
- Topic:
- International Cooperation, International Law, Sovereignty, and Rule of Law
- Political Geography:
- Global Focus
15. International Investment Law and the Rule of Law
- Author:
- Peter-Tobias Stoll
- Publication Date:
- 12-2018
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- International investment law appeals to a lawyer’s appetite for the rule of law by disciplining the exercise of power between States and foreign investors through legalization and judicialization. Originally supposed to serve as a fix to promote foreign investments in developing countries in times of legal uncertainties, now, thousands of bilateral investment agreements exist, and the number of cases in investment arbitration has exploded in the last decade. Further, there is a tendency of generalization, as investment protection now features as a standard element of international trade agreements, far beyond the original focus on developing countries. A number of flaws and shortcomings of the rules and procedures became apparent in the course of the more frequent use of the system and resulted in much discussion within the expert community, which resulted in some changes. Furthermore, the long neglected possibility became apparent, that investment claims could be directed against industrialized countries and that the conduct of their authorities could be subjected to review by international arbitration tribunals. This sparked heated public debates, particularly so in the EU. These two developments have in common, that they implicitly as well as explicitly raised the issue of the rule of law. This paper will assess the system of international investment law as it stands, its critique and its reform, through the lens of the rule of law. It will also make a highly idealistic proposal on the further development of international investment protection. In concluding, it will reflect on the proper use of the rule of law in legal analysis, by setting out the different perspectives in which the term may be employed, and the methodological consequences.
- Topic:
- International Law, International Trade and Finance, Rule of Law, and Investment
- Political Geography:
- Global Focus
16. Modern Authoritarian Regimes: a Contribution to the Systematisation of the Continuing Debate
- Author:
- Jan Holzer and Peter Martinek
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Warsaw East European Review (WEER)
- Institution:
- Centre for East European Studies, University of Warsaw
- Abstract:
- This paper deals with the conceptual framework of so-called ‘modern authori- tarianism’, allegedly a form of government typical of non-democratic regimes at the begin- ning of the twenty-first century. The paper is based on the approach of Tyler Roylance, who divided the sources of legitimacy employed by modern authoritarian regimes into five spheres: the economy, the media, political competition, civil society and the rule of law. Following the arguments presented by various authors in their efforts to conceptualise different examples of modern authoritarianism, the paper aims to contrast this debate with the classical approaches to the research of non-democratic regimes.
- Topic:
- Corruption, Authoritarianism, Rule of Law, and Propaganda
- Political Geography:
- Global Focus
17. Explaining Variation in Public Debt: A Quantitative Analysis of the Effects of Governance
- Author:
- Andreas Eisl
- Publication Date:
- 06-2017
- Content Type:
- Research Paper
- Institution:
- Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
- Abstract:
- This paper examines the main political influence factors accounting for the variation in public debt accumulation on a global scale. This allows for a reassessment of the recent focus on a regime type theory of public debt and for a test of an alternative governance theory. I argue that political stability, the rule of law, the control of corruption, government effectiveness, and regulatory quality promote lower public debt accumulation by reducing the incentives for governments to “borrow from the future,” by increasing state capacity to collect taxes and effectively use public funds, and by providing more security and equity to private investment, inducing higher economic growth and tax revenues. Both theories are tested against a number of controls stemming from theories of public choice, theories of governmental distributional conflict, as well as from politico-institutional and macroeconomic explanations of public debt accumulation. Applying different specifications of quantitative models, the two governance indicators political stability and regulatory quality show consistent effects on public debt accumulation, partly confirming the proposed governance theory. Furthermore, the paper can reproduce a public debt-reducing effect of more democratic regime types across a number of model specifications – though without a high degree of robustness.
- Topic:
- Corruption, Economics, International Political Economy, Regulation, Rule of Law, Macroeconomics, and Public Debt
- Political Geography:
- Global Focus
18. Intelligence Services: Roles and responsibilities in good security sector governance
- Author:
- Fairlie Chappuis and Ronja Harder
- Publication Date:
- 01-2017
- Content Type:
- Special Report
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- This SSR Backgrounder explains the roles and responsibilities of intelligence services in good security sector governance (SSG). Intelligence services perform an essential security function by providing governments with timely and relevant information necessary to protect the security of states and their societies. Applying the principles of good SSG to intelligence services makes them both effective and accountable within a framework of democratic governance, the rule of law and respect for human rights. This SSR Backgrounder answers the following questions: What are intelligence services? What do intelligence services do? How is intelligence produced? What intrusive legal powers do intelligence services hold? How can intelligence services comply with good security sector governance? How does security sector reform benefit intelligence services? How can secrecy be made compatible with good governance? What is international intelligence cooperation?
- Topic:
- Security, Human Rights, Intelligence, Governance, and Rule of Law
- Political Geography:
- Geneva and Global Focus
19. Promoting the Rule of Law Abroad: Towards a Multi-Dimensional Approach
- Author:
- Manuel Balán
- Publication Date:
- 01-2013
- Content Type:
- Policy Brief
- Institution:
- Institute for the Study of International Development, McGill University (ISID)
- Abstract:
- Few if any issues are as crucial in ensuring sustainable development as the promotion and consolidation of the Rule of Law (henceforth RoL). In fact, RoL has become a major ingredient in analyses of what is missing in countries struggling for political and economic development. Yet, this objective remains elusive, as there is limited knowledge of what policies work in promoting the Rule of Law. With this in mind, this paper analyzes CIDA’s approach to RoL promotion, tracking how different programs promoted by CIDA addressed RoL concerns. Overall, and despite the term having been left out of CIDA’s priorities for some time, the organization shows interest and investment in RoL related projects. Yet, CIDA’s approach has lacked a clear and explicit direction, and has emphasized projects dealing with capacity building.
- Topic:
- Corruption, Development, Governance, Rule of Law, and Political Science
- Political Geography:
- Global Focus
20. Human Rights Standards for Targeted Sanctions
- Author:
- David Cortright and Erika de Wet
- Publication Date:
- 01-2010
- Content Type:
- Policy Brief
- Institution:
- Fourth Freedom Forum
- Abstract:
- Support for human rights principles is essential for sustaining political support for the fight against global terrorism. Nothing erodes support for antiterrorism measures more than the perception that such programs are eroding basic individual freedoms. Disregard for the rule of law and an overreliance on repressive measures alienates many of the social groups and political constituencies whose cooperation is needed in the collective struggle against terrorism.
- Topic:
- Human Rights, Terrorism, Sanctions, and Rule of Law
- Political Geography:
- Global Focus
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