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17691. Resource mobilisation and fundraising in basic schools: A case study of Copperbelt and North-Western province

Author:
Malunga Syacumpi
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
Zambia Institute for Policy Analysis and Research (ZIPAR)
Abstract:
Like many other countries, Zambia removed a major barrier to access to primary education when it abolished user fees for Grades 1–7 in 2002. The resulting fall in basic schools’ income, however, has not been relieved by adequate government resources trickling down through the complex school funding system. In an attempt to address their funding problems, some schools have adopted fundraising ventures as a way of supplementing government resources. The successes and practicability of implementation of such ventures remain to be seen. There is a lack of information about the adequacy of such measures and no institutional framework to guide their implementation. This study explores the range of resource mobilisation and fundraising activities adopted by basic schools. It looks into how basic schools are raising funds and how these funds are being utilised based on a sample of 30 basic schools (15 each from Copperbelt and North-Western provinces). The research was conducted through questionnaires with head teachers and school accountants/bursars as well as interviews conducted at the provincial and district level.
Topic:
Development, Education, Natural Resources, Infrastructure, and Mobility
Political Geography:
Africa and Zambia

17692. Constraints on the demand for youth labour in Zambia

Author:
ZIPAR, Grayson Koyi, Gibson Masumbu, and Albert Halwampa
Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Zambia Institute for Policy Analysis and Research (ZIPAR)
Abstract:
Zambia is one of many developing countries struggling to create adequate employment opportunities for its people, especially in the formal economy. Unemployment is highest among youths (15–24 years old) and particularly affects those without skills. Unless the challenge of youth unemployment is met, Zambia could face rising poverty levels in the future. Based on a survey of firms in the mining and quarrying, manufacturing, and construction industries, this study analyses constraints on the demand for youth labour and identifies five broad policy areas in which the government could help make it easier for firms to absorb more young people.
Topic:
Poverty, Labor Issues, Youth, Mining, and Unemployment
Political Geography:
Africa and Zambia

17693. Iran's Presence in Iraq: New Realities?

Author:
Mahjoob Zweiri
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
Center for Strategic Studies (CSS)
Abstract:
This study explores the new realties related to the Iran’s presence in Iraq. It focuses on Iran’s grand strategy in Iraq, and Iran’s decision-making process concerning that presence. The study discusses different methods that Iran has used to achieve its goals in Iraq. It also discusses in-depth the four Iranian levels of intervention in Iraq, and the consequences on the region. The study includes supporting data, which help to understand the nature of Iranian intervention in Iraq.
Topic:
Geopolitics, Grand Strategy, Foreign Interference, and Decision-Making
Political Geography:
Iraq, Iran, and Middle East

17694. Collective Self-Action

Author:
Ananth Padmanabhan and Michael Shih
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Collective self-defense is an express exception to the U.N. Charter’s prohibition on the use of force by states. It permits a member state to intervene in the defense of another member state when that state has been subject to an unlawful armed attack. Here we consider (1) the obligations that international law places on an intervening state and (2) the best practices for an intervening state that may be derived from past state practice.
Topic:
United Nations, Military Strategy, Legal Theory, Military Intervention, and Collective Defense
Political Geography:
Global Focus

17695. The Meaning of "Assist, Encourage, or Induce" in the Weapons Ban Context

Author:
Christina Koningisor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
More than half of all multilateral disarmament treaties currently in force prohibit member states from “assist[ing], encourag[ing], or induc[ing]” another party in its pursuit or use of the prohibited weapon. This report examines this provision across five major disarmament treaties and arrives at three key findings
Topic:
Arms Control and Proliferation, Treaties and Agreements, Military Strategy, and Multilateralism
Political Geography:
Global Focus

17696. Optimal Deterrence: An Evaluation of the Leaks-Regulating Regime

Author:
Ananth Padmanabhan, Tina Thomas, and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Recent high-profile leaks have led to renewed calls, especially from some members of Congress, for a more rigorous leaks-prosecuting regime. In response, others, most visibly the press and certain watchdog groups, have strongly resisted the claim that a more forceful response to unauthorized disclosures benefits the American public. This report evaluates the existing leaks-regulating regime and considers which of the current reform proposals are most likely to provide optimal deterrence. First, this report outlines the myriad and sometimes contradictory interests at stake implicated by unauthorized disclosure of classified information: protecting national security, safeguarding First Amendment rights, ensuring government accountability and transparency, promoting consistency in prosecution, and furthering efficient government functioning. Second, this report examines why it has proven difficult for the government to successfully prosecute leaks. It identifies four leading reasons. First, it can be difficult to identify a leaker, given the vast proliferation of the classification system and the expansion of national security bureaucracy. Second, the government faces significant legal burdens at trial— prosecutors often have to rely on circumstantial evidence; in the case of intangible information disclosure, the government may also have to deal with a heightened scienter requirements. Third, a trial may attract unwanted attention to an issue the government prefers to keep secret and defendants sometimes try to capitalize on this by using “graymail” defenses. Finally, the recipients of unauthorized disclosures—usually members of the press—enjoy robust constitutional protections that can restrict evidence gathering.
Topic:
Governance, Legal Theory, Deterrence, Classification, and Leaks
Political Geography:
Global Focus

17697. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

17698. UNCLOS Dispute Settlement in Context: The United States’ Record in International Arbitration Proceedings

Author:
Julia Brower, Christina Koningisor, Ryan Liss, and Michael Shih
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The United Nations Convention for the Law of the Sea (UNCLOS) establishes a compulsory dispute settlement regime for resolving disagreements between member states. Critics of the Convention have argued that the mandatory dispute resolution provisions force member states to cede too much control over the dispute resolution process to an international body. They have also argued that the dispute resolution process is biased against the United States, and that the United States tends to fare poorly in international arbitration proceedings. This report addresses the first criticism by examining possible exceptions to mandatory dispute resolution provisions. At least one Annex VII tribunal has interpreted Article 281(1) of UNCLOS to permit states to contract around the mandatory dispute resolution provision through regional agreements. However, a subsequent tribunal applied a much more constrained interpretation of the Article 281 exception. Ultimately, the impact of this exception will depend upon which interpretation is applied. The report also examines the scope of the Article 298(1)(c) exception, which exempts from binding resolution “disputes in respect of which the Security Council . . . is exercising the functions assigned to it by the [U.N.] Charter.” This exception is not confined to specific subject matters, but it is limited by the procedural difficulties of adding or removing an item from the Security Council’s agenda, as well as by the political costs that such an effort entails. Finally, the report notes that UNCLOS’s compulsory dispute settlement regime is not accompanied by similarly robust enforcement provisions. The report addresses the second criticism by examining the United States’ record in arbitration proceedings under eighteen multilateral treaties containing mandatory dispute resolution provisions, as well as a series of bilateral aviation agreements that provide for mandatory dispute resolution. Fifteen of those agreements have yielded very few readily identifiable arbitration proceedings involving the United States.
Topic:
International Law, United Nations, Legal Theory, and Arbitration
Political Geography:
North America and United States of America

17699. Internationally Protected Persons: The Status of Consular Employees

Author:
Ryan Liss
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This memorandum considers whether consular employees and their family members constitute “internationally protected persons” (IPPs) under 18 U.S.C. § 112. In addition, the memorandum briefly considers whether an assault against the child of a consular employee abroad meets the jurisdictional nexus requirements of 18 U.S.C. § 112, such that the assault could be prosecuted in U.S. courts. It concludes that existing U.S. and foreign law and state practice do not provide a definitive definition of IPPs that either clearly includes or excludes consular employees. Moreover, the status of a consular employee’s child is similarly unclear, as the status of consular employees’ family members depends on that of the employee. However, while a definitive answer is not provided, the travaux preparatoires of the relevant treaties and one U.S. decision at least suggest that consular employees are excluded from the definition of IPPs. Part I explains that the applicable U.S. statutory provisions do not provide an exhaustive definition of who constitutes an IPP. The statute relies instead on the definition of IPPs at international law. In addition, there are no U.S. cases directly on point, so the existing case law does not foreclose the possibility that a consular employee might qualify as an IPP. However, the court’s logic in one case, United States v. Marcano-Garcia,2 which relied on the assault victim’s status as honorary consul under the Vienna Convention on Consular Relations in determining his IPP status, suggests that a consular employee would not fall within the definition. The exclusion of consular employees from the definition of IPPs is also arguably supported by the international treaties that 18 U.S.C. § 112 was drafted to implement, as well as those treaties’ travaux préparatoires. Part II looks to foreign and international law. There are indications in statements made via United Nations reporting processes that some states regard themselves as obligated to protect consular employees. But these statements are vague and are not supported by a similar trend in foreign domestic legislation or foreign case law. Part III shows that even if a consular employee and his or her child qualify as IPPs, the jurisdictional nexus under 18 U.S.C. § 112 must be met. For American courts to exercise jurisdiction in this case, the provision requires that the accused either be a U.S. national or be present on U.S. territory. Having concluded that the law does not support a definitive conclusion regarding whether a consular employee qualifies as an IPP, Part IV concludes by discussing policy considerations both in favor of and against extending such protection to consular employees.
Topic:
Law, Legal Theory, Protected People, and Diplomatic Immunity
Political Geography:
United States of America and North America

17700. The War on Drugs and HIV/AIDS: How the Criminalization of Drug Use Fuels the Global Pandemic

Author:
Global Commission On Drug Policy
Publication Date:
06-2012
Content Type:
Special Report
Institution:
Global Commission On Drug Policy
Abstract:
The global “war on drugs” is driving the HIV/AIDS pandemic among people who use drugs, although research has shown that repressive law enforcement forces users away from public health services and into hidden environments where HIV risk becomes markedly elevated. An assessments of the impacts concluded that many nations and international organizations tasked with reducing the drug problem have actually contributed to a worsening of community health and safety. The time for leadership is now.
Topic:
HIV/AIDS, Health, War on Drugs, and Drugs
Political Geography:
Global Focus