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121. Journal of Public and International Affairs 2014

Author:
Daphne McCurdy, Chikara Onda, Aaron Aitken, Lucia Adriana Baltazar Vazquez, John Paul Bumpus, John Speed Meyers, Pierina Ana Sanchez, Yolaine Frossard de Saugy, Melanie Harris, Steve Moilanen, Stephen Pritchard, Nicolas Collin dit de Montesson, and Naomi Crowther
Publication Date:
05-2014
Content Type:
Journal Article
Journal:
Woodrow Wilson School Journal of Public and International Affairs
Institution:
Woodrow Wilson School of Public and International Affairs, Princeton University
Abstract:
From pressing foreign policy issues such as territorial disputes in the South China Sea and homicide rates in Honduras to contentious domestic policy debates such as the rights of Mexican immigrants in the United States and the construction of the Keystone pipeline, the topics in this year’s journal are wide-ranging in both functional and geographic focus. However, they all share a strong commitment to seeking solutions to the world’s most serious challenges through sound policy.
Topic:
Crime, Government, Oil, Poverty, Sovereignty, Bilateral Relations, Territorial Disputes, Foreign Aid, Immigration, Governance, Law, Cybersecurity, and Grand Strategy
Political Geography:
Africa, China, Iran, Canada, Philippines, Mexico, Honduras, United States of America, and South China Sea

122. 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

123. 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

124. Assessment on Changes regarding the Specially Empowered Judicial System in Turkey

Author:
Hande Özhabeş
Publication Date:
05-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
A number of amendments for criminal law have been instituted in Turkey in recent years within the framework of the judicial reform process that especially were geared towards the realization of the fair trial principle. Between 2011 and 2013, four groups of legal amendments named “Judicial Reform Packages” were passed. These brought about important improvements regarding fair trial, freedom of speech, personal liberty and security. The TESEV Democratization Program published a report evaluating the effect of these four judicial reform packages on rights and freedoms in September 2013. This brief report provides an evaluation of the amendment package instituted in March 2014 that included important changes vis-a-vis the specially empowered judicial system.
Topic:
Democratization, Law, Reform, Criminal Justice, and Justice
Political Geography:
Turkey and Middle East

125. TESEV’s Suggestion: Anti-Corruption Legislation and International Acquis

Author:
R. Bülent Tarhan
Publication Date:
01-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This comprehensive work has been prepared by Prime Minister’s Chief Inspector Bülent Tarhan and contains all related UN and OECD documents, government of Republic of Turkey’s fight against corruption action plans, decision and circulars of the prime ministry, national programme of Turkey related with undertaking of the EU Legal Acquis related provisions of the Turkish law, EU Progress reports, GRECO Turkey Reports, all anti-corruption laws and GNAT Corruption Investigation Commission Report as well as Mr.Tarhan’s article ‘Institutional Foundation of Anti-corruption’. Published by TEPAV (The Economic Policy Research Foundation of Turkey) this work is an extensive source of information to anyone who has been interested in this subject matter. In order to navigate easily in this 1040 page long document, you can click on the titles and sub-titles in the summary of contents. This work has only been published in Turkish.
Topic:
Corruption, Law, European Union, Courts, Accountability, Transparency, and Justice
Political Geography:
Europe, Turkey, and Middle East

126. Who Are Atrocity's "Real" Perpetrators, Who Its "True" Victims and Beneficiaries?

Author:
Mark Osiel
Publication Date:
09-2014
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Modern law's response to mass atrocities vacillates equivocally in how it understands thedramatis personae to these expansive tragedies, at once extraordinary and ubiquitous. Is there any principled order to this? If not, should we care?
Topic:
Genocide and Law
Political Geography:
Yugoslavia, Serbia, and Balkans

127. Private Enforcement of European Union Competition Law

Author:
Federico Casolari
Publication Date:
09-2014
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Review of: Competition Damages Actions in the EU: Law and Practice, by David Ashton and David Henry, Edward Elgar, 2013
Topic:
Law
Political Geography:
Europe

128. Sovereignty at sea: the law and politics of saving lives in mare liberum

Author:
Thomas Gammeltoft-Hansen and Tanja E. Aalberts
Publication Date:
10-2014
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states' obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics.
Topic:
Politics, Sovereignty, and Law

129. Ratings and Regulation: A Case of an Irreversible Marriage?

Author:
Giulia Mennillo and Suryapratim Roy
Publication Date:
09-2014
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
What are the rationales for policymakers to rely on putatively disinterested actors such as credit rating agencies (CRAs) for financial regulatory input? This paper draws on perspectives from International Political Economy and Comparative Legal Studies to analyze the reasons behind the use and retention of external ratings as an indirect instrument of financial regulation. We find that allowing `market practice' to determine the relationship between ratings and regulation creates tautological justifications of the CRAs' authority, and raises compelling questions in terms of legitimacy.
Topic:
International Trade and Finance, Political Economy, Governance, and Law

130. His Excellency Dr. Mohamed Moncef Marzouki, President of the Republic of Tunisia

Publication Date:
09-2014
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address by His Excellency Dr. Mohamed Moncef Marzouki, President of the Republic of Tunisia, titled The Arab Spring and the Tunisia Initiative on Creating an International Constitutional Court, followed by a question and answer session with the audience.
Topic:
Governance, Law, and Political Activism
Political Geography:
Arabia, North Africa, and Tunisia