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191. Egypt's Judges in a Revolutionary Age

Author:
Nathan J. Brown
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Egypt's tumultuous uprising of 2011 was about many things, but among the most central was a demand by legions of political activists and large crowds of mobilized citizens that public authority in the country be reconstructed to operate in a clearly accountable manner, fully governed by the rule of law. Egyptian judges might therefore be expected to look upon the post-uprising environment as a time when they can finally realize a vision that they have been articulating for a generation in the face of an imperious and impervious presidency: A state ruled by law in which they will be insulated from political pressures and private interests, providing full autonomy to individual judges and to the judiciary as a body to issue decisions that will be respected and implemented by all the agencies of the Egyptian state.
Topic:
Democratization, Regime Change, and Law
Political Geography:
Middle East, Arabia, and Egypt

192. Attorney General of the United States, Eric H. Holder, Jr.

Author:
Eric H. Holder
Publication Date:
02-2012
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program will feature an address by Eric H. Holder, Jr., Attorney General of the United States, on the topic of the efforts to combat financial fraud by the Department of Justice.
Topic:
Crime, Government, Law Enforcement, and Law
Political Geography:
United States

193. National minority groups in post-Lisbon Europe: the presence of Europeanisation and transnational human rights in one policy field

Author:
Tamara Jovanovic
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This working paper explores the role of some recent components under the European Union legal and political aegis and its coexistence with the CoE, here approached as a potential advancement of the protection, promotion and preservation of national minority groups in European Union member states. Although the European Union has been slow in the development of clear competences on minority rights, several considerations pertinent to national minorities can be depicted across the European Union frameworks. The European Union treaty is committed to the safe guard of human rights and the respect for minorities in its 'values article' which are applicable under Community Action. This basis is further accompanied by other policy functions which stimulate action on the promotion and preservation of minority identities, in particular in the fields of language and culture. Such policies are prescribed in different degrees of European Union competences and modes of implementation, ranging between formal legal effects and informal political consequences, generating varied forms of Europeanization. At the same time, nearly all European Union member states are bound by additional transnational regulations on human and minority rights, such as those developed by the Council of Europe. This level of transnational human rights is gradually also becoming embodied into European Union structures, while already embodied by most European states' constitutions. By taking account of some developments under each process, their interaction, but also coexistence, this paper aims to identify how Europeanization and transnational forces can help to construct and sustain a policy field, namely a national minority policy.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

194. Liberal internationalism and the law vs liberty paradox

Author:
Linda Bishai
Publication Date:
04-2012
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
This article examines and critiques the engagement of liberal international law with liberal internationalism in international relations (IR), demonstrating that the results are not to the credit of either discipline. In particular, two key assumptions of the legal liberal international order are flawed. First, the attempt to establish a two-tiered international liberal order based on law and democracy results in intervention (both forceful and performative) that counterproductively embroils liberal states, generating resentment and counter-democratic movements. Second, the assumption that security in a globalising world can only be created by the total globalisation of the liberal order and the removal of 'outlaw' states creates a new version of the security dilemma in which the actions taken to secure the liberal world order create the very conditions of its insecurity. The article concludes with recommendations for a critical post-structuralist engagement with a post-liberal politics of virtù that paradoxically allows for the liberal identity to be better secured in its international relations with the other.
Topic:
Security, Politics, and Law

195. Providing Justice in Haiti

Author:
Robert Maguire
Publication Date:
04-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In spite of the Haitian government's stated priority of improving rule of law, a Haitian court's decision not to prosecute former dictator Jean-Claude Duvalier for crimes against humanity has cast doubt on the sincerity of that commitment. The failings of Haiti's judicial system are well-known, but historically reform efforts have been ineffective. Improved provision of justice is critical for the creation of conditions for stability and the eventual withdrawal of the United Nations Stabilization Mission in Haiti (MINUSTAH). Modernizing Haiti's antiquated legal and penal codes are an essential component of rule of law reform. Some progress is being made toward this end. A greater emphasis is needed on coordinating efforts among international donors and improving interaction with Haitian counterparts to achieve progress on judicial reform.
Topic:
Crime, Human Rights, Foreign Aid, Fragile/Failed State, and Law
Political Geography:
United Nations, Caribbean, and Haiti

196. European Asylum Law and the ECHR: An Uneasy Coexistence

Author:
Laurens Lavrysen
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
During the last two decades the European Union has become a major actor in the field of asylum law. Meanwhile, human rights law, in particular the European Convention on Human Rights (ECHR), has become of paramount importance in this field. This paper highlights certain areas of concern in the European Asylum System from the viewpoint of the ECHR. It particularly focuses on the Dublin II Regulation, the reception conditions and the detention of asylum seekers.
Topic:
Human Rights and Law
Political Geography:
Europe and Dublin

197. The EU Charter of Fundamental Rights and its Impact on Labor Law: a Plea for a Proportionality-Test "Light"

Author:
Herman Voogsgeerd
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Traditionally, fundamental human rights have occupied an important place in labor law. The ILO constitution of 1919 focuses, for example, on the right of freedom of association. Subsequent ILO documents stress other fundamental rights such as the right to non-discrimination in the field of labor. The fundamental rights of the worker did begin to get some attention in the EU too, especially in non-binding documents such as the Community Charter of the Rights of the Worker from 1989. Since the entry into force of the Treaty of Lisbon in 2009, the Charter of Fundamental Rights introduced at the summit in Nice is legally binding to the same extent as the EU Treaty itself. The Charter includes fundamental rights in the field of labor law under the heading 'solidarity'. In this article two basic questions will be addressed. The first question will address the 'old' issue of the clash between fundamental (labor) rights and the four economic freedoms of the EU, which are seen by the ECJ as of fundamental nature as well. Since the seminal cases of Viking and Laval, a lot has been written about this theme by both European and labor lawyers. I will not revisit the literature that has been written about these cases, but the more dogmatic issue of a (potential) clash between the four economic freedoms and the fundamental rights is still in need of clarification. The second question is whether the fundamental human rights will get a more important place in the case law of the European Court of Justice now that the Charter of Fundamental Rights is of binding character, or, will there be just a continuation of the already developed relationship between fundamental freedoms and rights or between two different kind of fundamental human rights? I will focus here on case law in the field of labor law. The article will finish with a plea for a proportionality test 'light' in order to limit the interference of EU law with the essence of fundamental rights.
Topic:
Economics, Human Rights, and Law
Political Geography:
Europe

198. Political Reforms in Malaysia: Winds of Change or Hot Air?

Author:
Justina Chen
Publication Date:
05-2012
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
Since Malaysia Day last September, the administration of Prime Minister Najib Tun Razak has undertaken a whirlwind of legislative and policy reforms—making Najib arguably the most reformist Malaysian prime minister ever. Political pundits remark that the rushed reforms which were undertaken without consultation with key stakeholders are a sign that a general election is imminent, perhaps to be held in less than two months. Over the course of the last six months there have been a record number of legislative forms including: repeal of the infamous Internal Security Act; amendments to the University and University Colleges Act and the Printing Presses and Publications Act; announcement of a minimum wage policy as well as the passing of the Security Offenses Bill and Peaceful Assembly Act.
Topic:
Islam, Politics, Governance, and Law
Political Geography:
Malaysia and Southeast Asia

199. Moving Forward with the Legal Empowerment of Women in Pakistan

Author:
Anita M. Weiss
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The history of laws affecting women's rights and empowerment in Pakistan involves a com¬plex pattern of advances and setbacks, with the state's efforts to articulate a definition of women's rights complicated by the need to balance divergent views on the place of women in Pakistani society. After General Pervez Musharraf's 1999 coup, a number of factors, including international perceptions of Pakistan, brought women's rights, greatly curtailed by General Zia-ul-Haq's Islamization project, to the fore. Most critical among the changes to women's rights dur¬ing this period was the 2006 revision to the Hudood Laws, resulting in the Protection of Women Act. The incumbent Pakistan People's Party government has passed several important pieces of legislation continuing the progress for women's empowerment made under Musharraf. These new laws focus on sexual harassment at the workplace, antiwomen practices, and acid throwing. Additionally, the National Commission on the Status of Women has recently achieved elevated status. Despite these advancements, new legislation is needed to address ongoing challenges such as women's ability to control inherited land and human trafficking. If the Pakistani state is to make lasting improvements on these and other challenges facing the legal status of Pakistani women, it must find solutions that will not only benefit women in the country but create consensus among Pakistanis on the best and most achievable way to prioritize global rights for women while adhering to Islamic precepts.
Topic:
Gender Issues, Human Rights, Islam, Poverty, and Law
Political Geography:
Pakistan and Asia

200. Response

Author:
Hanna Zimnitskaya
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
Professor Asha Bajpai’s essay, “Children in India: Law, Policy and Practice,” commences by stating that India is the largest democracy in the world, and that by virtue of this title, one of the country’s main preoccupations is to remediate the law, policy, and practice related to the protection of children’s rights. However, her discourse overlooks an essential component of a flourishing democracy: participation. A nation is democratic to the extent to which all of its citizens are involved. As Amartya Sen points out, “if people are involved in making their own decisions and running their own lives, their actions are more likely to result...in achievement of their well-being freedoms.”
Topic:
Law
Political Geography:
India