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  • Author: Catherine S. Panaguiton
  • Publication Date: 03-2017
  • Content Type: Policy Brief
  • Institution: Council on International Policy (CIP)
  • Abstract: The judgment award rendered in the Republic of the Philippines vs. The People’s Republic of China was a significant development to the disputes in the South China Sea and the West Philippine Sea. Conflicting opinions from littoral and affected states on the legal issues abound the institution of the case and the conduct in these areas as a whole have been raised and a decision has been rendered on these issues. Provisions in the UNCLOS that were made to be deliberately vague because States at the UN Conference negotiating UNCLOS could not agree on more precise language have been clarified. The judgment not only has implications in the lawyering and judicial sphere. It also carries practical implications that are to be considered in lawmaking and formulation of government policies. All these implications will be discussed in this paper.
  • Topic: Peace Studies, Law
  • Political Geography: South China, West Philippines
  • Publication Date: 01-2017
  • Content Type: Special Report
  • Institution: Center for International and Regional Studies: CIRS
  • Abstract: Following the ‘Arab Spring’ uprisings in the Middle East and North Africa, many had high hopes not only for democratization but also for transitional justice to address the myriad abuses that had taken place in the region, both during the uprisings and for decades prior to them. Despite these hopes, most of the transitions in the region have stalled, along with the possibility of transitional justice. This volume is the first to look at this process and brings together leading experts in the fields of human rights and transitional justice, and in the history, politics and justice systems of countries such as Egypt, Tunisia, Libya, Algeria, Bahrain and Morocco. While these countries have diverse histories, political institutions, and experiences with accountability, most have experienced non-transition, stalled transition, or political manipulation of transitional justice measures, highlighting the limits of such mechanisms. These studies should inform reflection not only on the role of transitional justice in the region, but also on challenges to its operation more generally.
  • Topic: Democratization, Human Rights, Law, Arab Spring
  • Political Geography: Middle East, North Africa
  • Author: Renate Mayntz
  • Publication Date: 03-2016
  • Content Type: Working Paper
  • Institution: Max Planck Institute for the Study of Societies
  • Abstract: In sociology generally, the infringement of legal norms is not treated as a special kind of norm violation, the sociology of law being an obvious exception. The study of illegal markets therefore faces the challenge of distinguishing illegality from legality, and relating both to legitimacy. There is no conceptual ambiguity about the distinction between legal and illegal if legality is formally defined. In practice, (formal) legality and (social) legitimacy can diverge: there is both legitimate illegal action and illegitimate legal action. Illegal markets are a special kind of illegal social system, constituted by market transactions. Illegal markets are empirically related to organized crime, mafia and even terrorist organizations, and they interact both with legal markets and the forces of state order. Where legal and illegal action systems are not separated by clear social boundaries, they are connected by what has come to be called “interfaces”: actors moving between a legal and an illegal world, actions that are illegal but perceived as legitimate or the other way around, and a gray zone of actions that are neither clearly legal nor illegal, and neither clearly legitimate nor illegitimate. Interfaces facilitate interaction between legal and illegal action systems, but they are also sources of tension and can lead to institutional change.
  • Topic: Crime, Markets, Sociology, Law
  • Political Geography: Global Focus
  • Author: Aleksandra Maatsch
  • Publication Date: 01-2016
  • Content Type: Working Paper
  • Institution: Max Planck Institute for the Study of Societies
  • Abstract: This paper investigates how the intergovernmental reform process of European economic governance affected national parliaments’ oversight of this policy area. Which parliaments became disempowered and which managed to secure their formal powers – and why? The dependent variable of the study is operationalized as the presence or absence of “emergency legislation” allowing governments to accelerate the legislative process and minimize the risk of a default by constraining national parliaments’ powers. The paper examines how national parliaments in all eurozone states were involved in approving the following measures: the EFSF (establishment and increase of budgetary capacity), the ESM, and the Fiscal Compact. The findings demonstrate that whereas northern European parliaments’ powers were secured (or in some cases even fostered), southern European parliaments were disempowered due to the following factors: (i) domestic constitutional set-up permitting emergency legislation, (ii) national supreme or constitutional courts’ consent to extensive application of emergency legislation, and (iii) international economic and political pressure on governments to prevent default of the legislative process. Due to significant power asymmetries, national parliaments remained de jure but not de facto equal in the exercise of their control powers at the EU level. As a consequence, both the disempowerment of particular parliaments and the asymmetry of powers among them has had a negative effect on the legitimacy of European economic governance.
  • Topic: Politics, Governance, Law, Reform
  • Political Geography: Europe
  • Author: Bojan Elek, Milena Milosevic, Stevo Muk
  • Publication Date: 12-2016
  • Content Type: Policy Brief
  • Institution: Belgrade Centre for Security Policy
  • Abstract: Evidence shows that progress in democracy and rule of law reforms in the region, albeit different across countries, is slow. Even when it has been achieved, progress has generally been more technical rather than directly focusing on politically sensitive issues.
  • Topic: Political Theory, Law, Democracy
  • Political Geography: Balkans
  • Author: Sabrina Zirkel
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Political Science Quarterly
  • Institution: Academy of Political Science
  • Abstract: At this 60th Anniversary of Brown v. Board of Education, Jeffrey D. Hockett offers us a new interpretation of the dilemmas, debates, and deliberations that members of the Court engaged in on their way to this decision. Hockett challenges conceptualizations of the decision in Brown as emerging purely from any one set of motives and that it can be analyzed through only one theoretical or methodological lens. Instead, he argues through painstaking review of the discussions between the justices about the case and early drafts of opinions that different justices were swayed by different arguments, took into account different considerations, and made different compromises. In short: There was no “one” road to Brown v. Board—there were potentially as many paths as there were justices. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19333#sthash.mXg1UKS3.dpuf
  • Topic: International Relations, Education, Politics, Law
  • Political Geography: America
  • Author: Christopher Huszar
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Central European University Political Science Journal
  • Institution: Central European University
  • Abstract: The recent financial crisis devastated financial markets the world over. The events of the crisis caused many to question the policies of the pre-crisis era, which tended towards minimizing regulation as well as many others amorphously placed under the term Washington Consensus. The text Globalisation, the Global Financial Crisis and the State , edited by John H. Farrar and David G. Mayes, professors of law and finance, respectively, focuses on the interactions between states, economic policies and laws against the backdrop of the global financial crisis. Utilizing perspectives in the fields of law, political science and economics, the twelve chapters delve into interdisciplinary arguments over the changing regulatory structure of the world and the global forces that shape the state. The authors' overarching argument is that the financial crisis marked a discursive departure from the models supported by pre financial crisis policies typified by the Washington Consensus towards a more multilateral approach symbolized by the emergence of the G-20 and more state oriented control over commercial activities.
  • Topic: Economics, Markets, Financial Crisis, Law
  • Political Geography: Washington
  • Author: Jan Klabbers
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The theory of functionalism dominates the law of international organizations, explaining why organizations have the powers they possess, why they can claim privileges and immunities, and often how they are designed as well. Yet, the theory of functionalism is rarely spelt out in any detail, and its origins have remained under-explored. The purpose of the present article is to outline how functionalism came about by focusing on the 'pre-history' of international institutional law. To that end, the article studies the work of a number of late 19th, early 20th century authors on the law of international organizations, paying particular attention to the writings of Paul Reinsch. It turns out that functionalism, as developed by Reinsch, was inspired by his familiarity with colonial administration: colonialism and international organization both manifested cooperation between states. While this is no reason to discard functionalism, it does provide an argument for viewing international organizations more critically than functionalism habitually does.
  • Topic: Law
  • Author: Stéphanie Dagron
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Lawrence O. Gostin's new book begins with the sentence '[t]his is a unique moment to offer a systematic account of global health law' and he is right. The book under review is published at a time when the most influential international institutions are emphasizing the necessity for multilateral cooperation in the field of public health. For example, the United Nations General Assembly (UNGA) addresses this point in its current deliberations on the post-2015 Millennium Development Goals Agenda. Contemporary globalization has irrevocably made borders porous to capital, services, goods, and persons. Global social, economic, and political changes, such as increasing industrialization, urbanization, environmental degradation, migration, drug trafficking, and the marketing strategies of transnational corporations (e.g., in the food, pharmaceutical, and tobacco industries) have a significant impact on health. This impact is transnational and intersectoral: global health hazards go beyond the control of individual nation states and extend beyond the restricted field of health care.
  • Topic: Economics, Health, Migration, United Nations, Food, Law
  • Author: Birgit Lode
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Already back in 1987 the Brundtland report by the World Commission on Environment and Development stressed that '[n]ational and international law is being rapidly outdistanced by the accelerating pace and expanding scale of impacts on the ecological basis of development'. Since then international environmental law regimes have multiplied and an up-to-date introduction to the constantly evolving field of international environmental law is very welcome, not least due to the lack of equally concise alternatives in the introductory literature. Aimed at filling this gap, Timo Koivurova with his Introduction to International Environmental Law chooses an approach well suited to the student readers he primarily intends to address. The book dispenses with footnotes, tables of treaties, and a comprehensive bibliography. Instead, a manageable number of endnotes accompany each chapter, preceded by a set of questions and research tasks, and followed by suggestions for further reading and websites addressing the respective topics. Thereby, the subject matter is presented in the most general fashion possible without making concessions to the scientific nature of the book, allowing '[i]nternational environmental law and politics [to] speak for themselves' (at xix). Moreover, in order to make the information provided easily accessible and comprehensible by a broad range of readers the book includes several boxes going into more detail on, e.g., specific cases, conventions, institutions, or environmental disasters. It illustrates topics and sometimes presents them from a different angle by adding photographs and figures, clarifying essentials as well as sparking the readers' imagination.
  • Topic: Environment, Politics, Law