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141. The War of Law

Author:
Jon Kyl, Douglas J. Feith, and John Fonte
Publication Date:
07-2013
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
In the era of globalization, policymakers are increasingly debating the proper role of international law, and a group of legal scholars have embraced transnationalism, the idea that growing interconnectedness should dissolve international boundaries. But that approach is at odds with basic American principles.
Topic:
Globalization, War, and Law
Political Geography:
America

142. Violence's Law: Israel's Campaign to Transform International Legal Norms

Author:
George E. Bisharat
Publication Date:
04-2013
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Commonly law is seen as an alternative to violence, although it relies on violence or its threat for enforcement. Through a study of Israel's campaign to transform international humanitarian law (IHL) by systematically violating it, this essay considers the possibility that violence precedes and even creates law. Israel has a long history of ad hoc "legal entrepreneurialism," but its current effort, launched during the second intifada, is institutionalized, persistent, and internally coherent. The essay reviews the specific legal innovations Israel has sought to establish, all of which expand the scope of "legitimate" violence and its targets, contrary to IHL's fundamental purposes of limiting violence and protecting non-combatants from it.
Topic:
Law
Political Geography:
Israel

143. Bibliography of Periodical Literature

Author:
Norbert Scholz
Publication Date:
04-2013
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:
International Relations, Politics, and Law
Political Geography:
Middle East, Israel, and Arabia

144. Absorptive Capacity in the Security and Justice Sectors

Author:
Robert D. Lamb, Kathryn Mixon, and Andrew Halterman
Publication Date:
06-2013
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
This report presents the results of a case study of absorptive capacity in the security and justice sectors. This study was organized using the Measuring Absorptive Capacity (MAC) framework developed by the authors and introduced in the first volume of the CSIS Managing Absorptive Capacity series. The MAC framework was built to test the possibility that the capacity to absorb foreign aid might not be simply a function of the recipient's implementation capacity or the amount of aid offered. Rather, absorptive capacity might depend at least in part on the design and intent of the intervention itself, which in turn might be a function of the donor's capacity to account for local conditions.
Topic:
Security, Development, Peace Studies, Foreign Aid, and Law

145. Migration brokerage, illegality, and the state in Anglophone Cameroon

Author:
Maybritt Jill Alpes
Publication Date:
08-2013
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Migration brokers are important participants in the increasingly commercialized policing of borders. Focusing on connections between migration brokers and state authorities, a new DIIS Working Paper by Maybritt Jill Alpes asks how migration brokers relate to the realm of the law, as well as how the law relates to migration brokerage. By examining illegality only when it becomes visible to aspiring migrants and brokers in the context of departure, the paper illuminates how state regulation is intimately intertwined with the emergence of migration brokerage. The argument of the paper provides a counter-point to studies of migration and illegality that often adopt an implicitly statist perspective by categorising brokers as either legal or illegal, as well as by framing brokers as agents that work 'against' the state. The paper draws on case material from Anglophone Cameroon, in the work of two NGOs that engage in so-called 'travel consultations'. It contributes to on-going discussions within the 'Migration Industry and Markets for Migration Control Network'.
Topic:
Crime, Migration, Non-Governmental Organization, Immigration, Law Enforcement, and Law
Political Geography:
Cameroon

146. Breathing Life into Freedom of Information Laws: The Challenges of Implementation in the Democratizing World

Author:
Craig L. LaMay, Robert J. Freeman, and Richard N. Winfield
Publication Date:
09-2013
Content Type:
Working Paper
Institution:
National Endowment for Democracy
Abstract:
This report is intended to be a practical, useful guide for stakeholders in national and local governments, the media, civil society, and business to making freedom of information laws work. The authors' particular emphasis is on the role public officials and journalists must play in effectively breathing life into these laws, giving meaning to their democratic intent and legal guarantees.
Topic:
Democratization, Non-Governmental Organization, Communications, Mass Media, Governance, and Law

147. Justice on trial in Guatemala: The Ríos Montt Case

Publication Date:
09-2013
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Within ten days, Guatemalan courts made and unmade legal history. The trial and conviction of former dictator José Efraín Ríos Montt on 10 May 2013 for genocide and other human rights violations was an extraordinary achievement for a justice system that must grapple simultaneously with the legacy of a vicious internal conflict and the contemporary scourges of gang violence, corruption and illegal drug trafficking. Victims had barely finished celebrating, however, when the Constitutional Court annulled the verdict in a confusing decision that raised questions of outside interference. Widespread impunity for past and present violence continues to have a corrosive effect on the country's democracy. Failure to renew the trial for mass atrocities against Ríos Montt and pursue justice for the victims of violent crime would undermine its halting progress toward rule of law, including a strong independent judiciary.
Topic:
Corruption, Crime, Genocide, Human Rights, Narcotics Trafficking, and Law
Political Geography:
Latin America and Guatemala

148. Task Force Report on Streamlining and Consolidating Congressional Oversight of the US Department of Homeland Security

Publication Date:
09-2013
Content Type:
Working Paper
Institution:
Aspen Institute
Abstract:
Congressional leaders are best able to judge what committee should have jurisdiction over this department and its duties. But we believe that Congress does have the obligation to choose one in the House and one in the Senate, and that this committee should be a permanent standing committee with a nonpartisan staff.
Topic:
Security, Defense Policy, Weapons of Mass Destruction, Biosecurity, Governance, Law, and Reform
Political Geography:
United States

149. Fear of the Future: Russia in the Global Economy in the Next Few Years

Author:
Philip Hanson
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
The Russian economy, though so far in better shape than Europe, is facing the possibility of very slow growth in the near future. Its tendency to volatility was demonstrated in 2008-09, when Russian GDP fell more than that of any other large country. Looking at that experience and at current concerns, it seems that Russia has both demand-side (slow world growth, uncertain future oil prices) and supply-side (falling labour-force) problems. The continuing failure to provide secure property rights for business probably compounds these difficulties.
Topic:
Oil and Law
Political Geography:
Russia and Europe

150. Online Consultation and Citizen Feedback in Chinese Policymaking

Author:
Steven J. Balla and Zhou Liao
Publication Date:
11-2013
Content Type:
Journal Article
Institution:
German Institute of Global and Area Studies
Abstract:
In recent years, the Chinese government has increasingly utilised online consultation as a means of providing citizens with opportunities to offer feedback on draft laws and regulations. As little is known about the operation of online consultation, this article analyses the content of citizen feedback submitted on a revision to China's health system proposed by the National Development and Reform Commission. Citizen engagement with the political and substantive issues under consideration is crucial if online consultation is to impact government decision-making and enhance the performance of laws and regulations. This paper's main findings are that it was common for comments to address substantive issues in great depth, as well as express negative assessments of government decisions. This suggests that online consultation holds promise as an instrument of governance reform, which the Chinese Communist Party has embraced as a means of cultivating popular support.
Topic:
Development, Government, Law, and Reform
Political Geography:
China