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1441. Human Rights, International Economic Law and 'Constitutional Justice'

Author:
Ernst-Ulrich Petersmann
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
According to J. Rawls, 'in a constitutional regime with judicial review, public reason is the reason of its supreme court'; it is of constitutional importance for the 'overlapping, constitutional consensus' necessary for a stable and just society among free, equal, and rational citizens who tend to be deeply divided by conflicting moral, religious, and philosophical doctrines. The European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and the European Free Trade Area (EFTA) Court successfully transformed the intergovernmental European Community (EC) treaties and the European Convention on Human Rights (ECHR) into constitutional orders founded on respect for human rights. Their 'judicial constitutionalization' of intergovernmental treaty regimes was accepted by citizens, national courts, parliaments, and governments because the judicial 'European public reason' protected more effectively individual rights and European 'public goods' (like the EC's common market). The 'Solange method' of cooperation among European courts 'as long as' constitutional rights are adequately protected reflects an 'overlapping constitutional consensus' on the need for 'constitutional justice' in European law. The power-oriented rationality of governments interested in limiting their judicial accountability is increasingly challenged also in worldwide dispute settlement practices. Judicial interpretation of intergovernmental rules as protecting also individual rights may be justifiable notably in citizen-driven areas of international economic law protecting mutually beneficial cooperation among citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental, and human rights governance can become more reasonable and more effective if national and international courts cooperate in protecting the rule of international law for the benefit of citizens (as 'democratic principals' of governments) with due regard for human rights and their constitutional concretization in national and international legal systems.
Topic:
Government
Political Geography:
Europe

1442. Correcting Course: Victims and the Justice and Peace Law in Colombia - Latin America Report N°29

Publication Date:
10-2008
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The more than 155,000 victims of Colombia's conflict registered to date with the attorney general's Justice and Peace Unit (JPU) – mostly those who suffered from the paramilitaries – are mainly onlookers to, not actors in, a lagging transitional justice process. Over three years after passage, implementation of the Justice and Peace Law (JPL) is stymied by the relative disinterest in promoting victims' rights of the Uribe government and much of political and civil society. The problems are exacerbated by serious operational and financial bottlenecks in the judicial process and assistance and reparations to victims, as well as the persistence of armed conflict with the Revolutionary Armed Forces of Colombia (FARC) insurgents and the emergence of new illegal armed groups (NIAGs) and paramilitary successors.
Topic:
Conflict Resolution, Security, Civil Society, Government, Human Rights, and Human Welfare
Political Geography:
Colombia and South America

1443. The Russian World—Changing Meanings and Strategies

Author:
Valery Tishkov
Publication Date:
08-2008
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Gorbachev's liberalization brought the opening of Russia to the outside world and with it interest in and contact with the Russian 1 diaspora. After the dis- solution of the Union of Soviet Socialist Republics (USSR), the problem of the diaspora evolved quickly, when it was transformed into a political and even a humanitarian challenge.
Topic:
Civil Society and Government
Political Geography:
Russia, Europe, and Asia

1444. Salafism and Radical Politics in Postconflict Algeria

Author:
Amel Boubekeur
Publication Date:
09-2008
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Despite the repression of radical Islamist movements since 1992 and the promulgation of a National Reconciliation law in 1999 aimed at encouraging the repentance of jihadi fighters, Algeria is still subject to regular terrorist attacks. Rather than follow the 1990s model of Islamist parties that believed in politics, expressed themselves within the system, discussed the concept of democracy, and had the goal of building an Islamic State, the radical anti-state rhetoric in Algeria today finds its expression in movements that do not believe in working within the political system. These movements are Salafist in nature and include Jihadi Salafism, personified by the recently formed al-Qaeda in the Islamic Maghreb (AQMI), and Da'wa Salafism, inspired by Saudi Wahhabism. These apolitical or anti-political Salafi trends are the result of the marginaliza-tion of political Salafists, mainly during the 1990s. They reveal the failure of participationist strategies among the moderate Islamist parties and their difficulties in mobilizing their base, a growing depoliticization among the new young Islamist generation, and the urgent need to reinvent pluralistic politics in a post-conflict Algeria.
Topic:
Security, Civil Society, Government, Islam, Politics, and Religion
Political Geography:
Africa and Algeria

1445. A Reinforced Obstacle to Democracy?

Author:
Richard Youngs
Publication Date:
07-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
Rising oil and gas prices appear to have helped shore up autocratic producer states across the world. They also seem to have led Western states to dilute their support for democratic reforms in these countries. But while this conventional wisdom correctly restates the problematic relationship between energy and democracy, the overall picture is more complex. The paper reveals that the opaque management of increased oil and gas revenues has sparked pressure for governance reforms from within producer states and has also encouraged new international initiatives linking energy security with good governance.
Topic:
Security, Energy Policy, Government, and Oil

1446. From Gridlock to Compromise: How Three Laws Could Begin to Transform Iraqi Politics

Author:
Jason Gluck
Publication Date:
03-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
On February 13, 2008 the Iraqi parliament simultaneously passed a law that sets forth the relationship between the central and provincial governments, an amnesty law and the 2008 national budget. The passage of these laws was the result of months of negotiation and last-minute substantive and procedural compromises that could portend a shift away from merely ethnic and sectarian-based alliances to inter-ethnic and sectarian issue-based politics. At the same time, Iraqi lawmakers may have discovered a strategy of simultaneous consideration of multiple matters that could increase the likelihood of consensus and resolution—a sharp contrast to what has until now been an issue-by-issue approach that has often resulted in impasses and political gridlock.
Topic:
Development, Government, and Treaties and Agreements
Political Geography:
Iraq and Middle East

1447. Embedded Provincial Reconstruction Teams

Author:
Robert Perito
Publication Date:
03-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In January 2007, President Bush announced that the U.S. would double the number of Provincial Reconstruction Teams (PRTs) in Iraq as part of his plan for a "New Way Forward." PRTs are small, civilian-military units that assist provincial and local governments to govern more effectively and deliver essential services. These new PRTs would be embedded with Brigade (Army) and Regimental (Marine) Combat Teams (B/RCTs) participating in the "surge" of U.S. forces into Baghdad, Anbar and Erbil provinces. The new ePRTs would begin as four person interagency teams, but would expand to include civilian experts in a broad range of specialties. These new PRTs were staffed with Defense Department civilians and members of the National Guard and Army Reserve until funds became available to the State Department to hire civilian contractors. The process of deploying civilian experts is now underway, but the B/RCTs to which they are being assigned will return to the United States by August 2008.
Topic:
Development, Government, and International Cooperation
Political Geography:
United States, Iraq, Middle East, and Baghdad

1448. Paper Versus Steel: Haiti's Challenge of Constitutional Reform

Author:
Robert Perito and Jasenka Jocic
Publication Date:
01-2008
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Haiti's constitution was adopted on March 29, 1987 when over 90 percent of the voters approved it in a popular referendum. The result was not surprising. Among the most democratic in the world, Haiti's constitution was proposed in the aftermath of the brutal Duvalier dictatorship and seemed to promise an end to arbitrary and violent rule. Unfortunately, that was not the case as the country endured two more decades of turmoil. In the period of instability following adoption of the constitution, its provisions were more often ignored or violated than observed.
Topic:
Government, Peace Studies, and Politics
Political Geography:
United States, Caribbean, and Haiti

1449. Reconsidering the Bayh-Dole Act and the Current University Technology Licensing Regime

Author:
Martin Kenney and Donald Patton
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Berkeley Roundtable on the International Economy
Abstract:
The Bayh-Dole Act of 1980 has been hailed by policy-makers and scholars as a critical policy innovation for ensuring the commercialization of inventions resulting from results of federally-funded research. This paper suggests that the current implementation of Bayh-Dole through university ownership of all researchers' inventions is not an optimal system in terms of economic efficiency and social interests regarding the rapid commercialization of technology. The current regime, within which the university owns researcher inventions, is plagued by ineffective incentives, information asymmetries, and contradictory goals for the university, the inventors, potential licensees, and university technology licensing offices (TLOs). These structural uncertainties lead to licensing delays, misaligned incentives among parties, and delays in the flow of scientific information and the materials necessary for scientific progress. For the very best TLOs these difficulties can be overcome, but for the average TLO this misalignment of incentives creates suboptimal outcomes in terms of technology transfer. The institutional arrangements within which TLOs are embedded are so perverse that it has encouraged a number of them to become income maximizers and operate in a manner similar to what pejoratively have been termed patent “trolls.”
Topic:
Economics, Education, Government, and Science and Technology

1450. The Services Transformation and IT Network Regulation

Author:
John Zysman and Kenji Erik Kushida
Publication Date:
06-2008
Content Type:
Working Paper
Institution:
Berkeley Roundtable on the International Economy
Abstract:
There is currently a fundamental transformation of services, a transformation central to the growth of productivity and competition in the global economy. This transformation, a response to commodification generated by decomposition of production and intensified competition in global markets, is driven by developments in IT tools, the uses they are being put to, and the networks they run on. The service transformation is changing how firms add value, affecting the underlying economic activity in countries around the world.
Topic:
Government and Science and Technology
Political Geography:
Japan and South Korea