Search

Begin New Search Topic Rule of Law Publication Year within 25 Years

111. Rule of/by Law?

Author:
Brad Glosserman and Ralph A. Cossa
Publication Date:
09-2016
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Pacific Forum
Abstract:
The rule of law took a few huge hits during the year’s second trimester, as Beijing chose to ignore the UNCLOS Arbitral Tribunal’s ruling that negated many of its South China Sea claims, while Pyongyang displayed its usual disdain for the latest UN Security Council Resolution 2270 with a series of ballistic missile launches, highlighted by a submarine-launched ballistic missile test. There were also a number of significant multilateral forums addressing regional security and economic issues, or both. Most in some form also touched upon the South China Sea and Korean Peninsula, even as ASEAN danced around the Tribunal’s ruling. Meanwhile in the battle of who gets to make trade rules, the Chinese-backed Regional Comprehensive Economic Partnership (RCEP) seemed to fare only slightly better than the US-driven Trans-Pacific Partnership (TPP), the objection to which seems to be the only thing the two US presidential candidates agree upon.
Topic:
International Trade and Finance, Territorial Disputes, Maritime, Conflict, and Rule of Law
Political Geography:
China, Asia, North America, and United States of America

112. Hard Power versus Soft Power or a Balance between the Two?

Author:
Peter Volten
Publication Date:
07-2016
Content Type:
Journal Article
Journal:
All Azimuth: A Journal of Foreign Policy and Peace
Institution:
Center for Foreign Policy and Peace Research
Abstract:
Many things have changed in Turkey within the last decade, but also in Brussels as to the political practises. This commentary seeks to answer whether Turkey and the EU can find and maintain a sensible balance between toughness and empathy, between considerations of hard power and soft power. Turkey is obviously an essential, regional player both economically and militarily. Geopolitics may not appear high on the agenda of the EU, but the situation in the Middle-East simply could not and cannot be ignored as a geopolitical challenge, one that might beg for acting in concert with Turkey. On the other side, Europe represents an attraction and example based on a long history and struggle for material wealth, technological and scientific progress as well as for the accomplished degree of democracy and the rule of law. More recently, however, EU soft power suffers a number of setbacks. We disown our most basic values of soft power and will lose impact in promoting a just, democratic order in the world. If the EU and its member states fail to recover from this set-back, we risk to fall back in the hard power game, also with potential and aspiring states.
Topic:
Politics, European Union, Democracy, Geopolitics, Rule of Law, and Soft Power
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

113. Kosovo’s Membership and Representation in Regional Security Initiatives

Author:
Donika Emini
Publication Date:
09-2014
Content Type:
Policy Brief
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
In particular, the challenges are present with respect to Kosovo’s access to defense related regional initiatives. While Kosovo’s recent membership in the RCC is expected to open the doors for representation and access to other regional security initiatives, the findings in this paper show that the progress is limited and accompanied by a wide variety of challenges. By not being fully-fledged member, Kosovo is constrained in benefiting from joint operations and activities in the field of rule of law, justice and security. Consequently, the political agreements reached in the dialogue between Kosovo and Serbia and the concept of introducing regional cooperation in the Western Balkans, are seriously challenged.
Topic:
Security, Treaties and Agreements, Rule of Law, Representation, Justice, and Regional Security
Political Geography:
Europe, Kosovo, and Balkans

114. 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

115. How to Monitor the Rule of Law, Democracy, and Fundamental Rights in the EU

Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
There is a risk that no concrete steps will emerge from consultations and discussions in the European Commission and Council on how to protect the EU’s fundamental values within its member states. The European Commission could take two initiatives to improve compliance with fundamental rights, democracy, and the rule of law by its member states. Namely, to reintroduce country-monitoring and develop a fundamental rights litigation strategy. These measures would not require the introduction of new legislation or amendment of the EU treaties. Rather, they could be put into effect within a short timeframe through informal changes in internal policy by the institutions and inter-institutional agreements. This policy brief explores the legal and practical feasibility of these two initiatives with the goal of informing EU member state diplomats and Commission officials during their ongoing discussions on how best to protect fundamental rights in Europe.
Topic:
Diplomacy, Human Rights, European Union, Democracy, and Rule of Law
Political Geography:
Europe

116. The High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on Its New Structure and Operations

Author:
Onur Bayramoğlu
Publication Date:
01-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
One of the most critical areas of reform in Turkey’s recent history involves the judiciary, which has served to corroborate the tutelary regime. With a discourse emphasizing that the judiciary itself must also be bound by the “rule of law”, the Justice and Development Party (JDP) took a number of steps toward reforming the administration of supreme judiciary bodies, as well as the judiciary in general. The constitutional amendments brought to the ballot in the referendum of 12 September 2012 essentially represented an initiative to transform the judiciary. The amendments package was intended to equip the Constitutional Court and the High Council of Judges and Prosecutors (HSYK) with a more pluralist structure. This report titled “the High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on its New Structure and Operations” is based on discussions of the roundtable meeting attended by representatives from judges and prosecutors professional associations such as YARSAV (The Association of Judges and Prosecutors) and Demokrat Yargı (Democratic Judiciary Association), which adopted divergent positions over the course of the referendum; one representative from HSYK, the direct addressee in the debate; and experts with diverse opinions. With the roundtable, we intended to generate direct discussion by experts and practitioners of the field in a small group affording sufficient time for speakers. As a result, we treated the current situation and practice through an insider’s perspective and in detail. This also provided a shared platform where parties coming from varying political positions exchanged opinions regarding both the HSYK and several contested aspects of the judiciary reform. The roundtable ensured that critiques were communicated to and discussed with the directly relevant parties through face-to-face conversations.
Topic:
Democratization, Law, Rule of Law, Justice, and Judiciary
Political Geography:
Turkey and Middle East

117. Agencies, Roles and Their Choices: Reform of the Korean Legal Profession from 1995 to 2007

Author:
Yukyoung Choe
Publication Date:
04-2012
Content Type:
Journal Article
Journal:
Joint U.S.-Korea Academic Studies
Institution:
Korea Economic Institute of America (KEI)
Abstract:
Northeast Asian countries including Japan, Korea, China and Taiwan, have recently considered adopting the U.S.-style legal education as a revolutionary remedy to dissolve chronic problems of the Pre-Reform system. Especially in Korea and Japan, reform of the legal professional training system underwent a profound transformation by switching their four-year undergraduate legal education system to a three-year postgraduate – the U.S.-style law school — legal education.1 Although the legal education system itself does not guarantee an advent of a law-governed society, the U.S.-style law school system provides symbolic meaning to Asian countries moving toward the rule of law, access to justice, and globalization.2 Despite seemingly unending controversies, both Japan and Korea implemented the postgraduate law school system in 2004 and 2009 respectively. They both have conformed to the globalization pressure, the public demands of establishing a law-governed society by expanding the size of their legal education, and increasing the number of practicing lawyers.
Topic:
Education, Law, Rule of Law, and Domestic Policy
Political Geography:
Asia and South Korea

118. Re-Establishment and Reform of the Justice System in Kosovo (1999-2011)

Author:
Kosovar Centre for Security Studies (KCSS)
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
While the research describe the development of justice system in the pre-independence period, the research team paid particular attention for the post-independence justice system focusing on the legal mandate of EULEX and problems in the North. Nevertheless, having in mind the complex sector and the diverse mechanisms, it was not the intention of the researchers to deepen the analysis in some specific areas of justice but rather to provide a broader overview. In fact, this research is expected to serve as the basis for upcoming research papers of KCSS aiming to address more specifically the important aspects in the broader field of rule of law.The paper shall serve as reliable source for the students, researchers and the policy makers willing to have a general picture on the developments in this sector. The original version is in English language and translated into Albanian Language.
Topic:
Security, Reform, Rule of Law, and Justice
Political Geography:
Europe, Kosovo, and Balkans

119. 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

120. Monitoring Report: Albania in the Stabilisation and Association Process

Publication Date:
10-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
For the second consecutive year, the Open Society Foundation for Albania and a group of independent experts took the initiative of monitoring Albania's progress in the Stabilization and Association Agreement during the period October 1, 2007, to October 15, 2008. This report focuses on priority issues of EU-Albania relations, such as democracy and the rule of law, fundamental human rights and freedoms, and home affairs, as well as the institutional framework of administrative capacities on management of the European integration process. The report provides recommendations to the government of Albania and central institutions in fulfilling European integration priorities. Monitoring and assessment was concentrated in tangible outcomes. This report succeeded an interim report (October 2007-March 2008) that was submitted to the European Commission in preparation of its Albania Progress Report 2008. The full report from the European Commission is also available in PDF format.
Topic:
Human Rights, European Union, Rule of Law, Regional Integration, Management, and Freedom
Political Geography:
Albania