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  • Author: David Steven, Maaike de Langen
  • Publication Date: 04-2020
  • Content Type: Policy Brief
  • Institution: Center on International Cooperation
  • Abstract: The COVID-19 pandemic is an unprecedented global emergency. It is not only a health crisis but also a human rights crisis. Justice actors face daunting responsibilities as they design, implement, and enforce new measures to prevent the spread of infection. Measures that heighten the risk of human rights abuses can undermine trust, at a time when the justice system most needs to maintain the public’s confidence. For better or for worse, justice systems and justice workers are on the frontline of this pandemic. This Pathfinders briefing, drafted by lead authors David Steven, Maaike de Langen, Sam Muller, and Mark Weston with the input of more than 50 justice experts from around the globe, discusses the most pressing priorities that the public health emergency poses for justice leaders and proposes seven areas for urgent action as the tide of infections continues to rise. It is the first in the Justice in a Pandemic series.
  • Topic: Human Rights, Governance, Rule of Law, Crisis Management, Peace, COVID-19
  • Political Geography: Global Focus
  • Author: David Steven, Maaike de Langen
  • Publication Date: 07-2020
  • Content Type: Policy Brief
  • Institution: Center on International Cooperation
  • Abstract: The COVID-19 pandemic has triggered what may be the worst global recession since the Second World War—and the impact of this second-order crisis will be widespread, including in the justice sector. Access to justice has been affected by the public health response to the coronavirus, but it will also be challenged by the economic downturn. The first in this series—Justice for All and the Public Health Emergency set out recommendations for how justice systems and actors can respond to the health impacts of the pandemic. This second briefing now turns to the question of how the economic downturn will affect access to justice—and how justice systems and partners can play a role in the recovery. The briefing examines how the economic effects of COVID-19 impact common justice problems, and how justice systems can anticipate and innovate in response. It provides recommendations for how justice systems and actors can react nimbly to the pandemic’s effects, and look ahead for opportunities to build back better, reshaping justice systems so they can support more inclusive, sustainable, and resilient economies.
  • Topic: United Nations, Global Recession, Rule of Law, Crisis Management, COVID-19
  • Political Geography: Global Focus
  • Author: Nikola Gjorshoski, Goran Ilik
  • Publication Date: 01-2020
  • Content Type: Working Paper
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its westernized triviality that has received a pejorative tone in Islamic political circles. Simplified, the triviality of liberal democracy for the Islamic political campus implies imposing a model of democracy that cannot be fully compatible with the original Muslim notion of society and government. Hence, the following paper analyzes exactly the relations of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as diferenta specifica of liberal western democratic discourse. Through the methods of induction and deduction, the author will illustrate how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards liberal democracy in Muslim countries through an axiological and praxeological perspective.
  • Topic: Democracy, Rule of Law, Islamism, Liberalism, Secularism, Sharia
  • Political Geography: Middle East, North Africa, Global Focus
  • Author: Conor M. Savoy
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Center for Strategic and International Studies
  • Abstract: The rule of law plays a critical role in the functioning of a well-governed, stable country. Not only does it help to provide transparent and accountable governance and protection of minority and human rights, it is also necessary to create the conditions for private sector-led growth, job creation, and attracting foreign investment. It should come as no surprise that five of the eleven indicators used by the World Bank in its annual Doing Business report are related to the strength of legal institutions; without strong, impartial legal institutions and respect for the rule of law, private sector actors—local and foreign—cannot make the investments needed to grow economies and create employment opportunities.1 Rule of law, though, remains an area of limited investment by donors. Part of this stems from an overall lack of attention on good governance, but it also comes from a sense that genuine reform requires significant involvement in local politics, which is something that many donors have traditionally sought to avoid. There does, however, seem to be a window of opportunity to reexamine good governance and, by extension, the rule of law. Since the adoption of the Sustainable Development Goals (SDGs) in 2015, there have been several shifts that have created such an opening. First, the SDGs included Goal 16: Peace and Security that explicitly endorsed the need for good governance, rule of law, and strong institutions. SDG 16 represents a strong commitment on the part of the international community to supporting the creation of transparent and accountable governing institutions. Second, the 2015 Financing for Development conference held in Addis Ababa elevated the importance of domestic resource mobilization and private sector investment in creating sustainable sources of development finance.2 While strong rule of law is not sufficient on its own to mobilize these two pools of capital, it is necessary to ensure that countries can effectively utilize their own resources and investors can commit private capital securely. Third, USAID has launched a new policy framework called the Journey to Self-Reliance, which seeks to move developing countries along a path toward sustainability and off foreign assistance.3 Critical to USAID’s Journey to Self-Reliance is a country’s commitment and capacity—two areas that will require significant strengthening of governance and rule of law.
  • Topic: Human Rights, Governance, Economic Growth, Rule of Law
  • Political Geography: Global Focus
  • Author: Philippe Leroux-Martin, Vivienne O'Connor
  • Publication Date: 08-2019
  • Content Type: Policy Brief
  • Institution: United States Institute of Peace
  • Abstract: Ce rapport invite les spécialistes oeuvrant à la consolidation de la paix à intégrer les principes de la pensée systémique et de la théorie de la complexité dans la façon dont ils conçoivent, mettent en oeuvre et évaluent leurs interventions. En se fondant sur les études réalisées au cours des dix dernières années à l’USIP et en s’appuyant sur la littérature d’autres domaines – comme le développement organisationnel, le management situationnel, la gestion du changement et la psychologie – les auteurs prônent des approches plus personnalisées et flexibles dans la consolidation de la paix et de l’État de droit.
  • Topic: Conflict, Rule of Law, Peace
  • Political Geography: Global Focus
  • Author: Andreas Schedler
  • Publication Date: 12-2019
  • Content Type: Working Paper
  • Institution: Kellogg Institute for International Studies
  • Abstract: Since the invention of modern democracy, political theorists as well as practitioners have alerted us against the dangers of “majoritarian tyrannies,” whose substantive meaning, however, remains unclear and controversial. Many have also alerted us against the dangers of such alerts serving as rhetorical cover for antidemocratic elites. In this twin exercise of conceptual explication and reappraisal, I intend to both clarify the meaning and reevaluate the political role of the idea of majoritarian tyrannies. In the main part of the paper, I elucidate their internal structure and variance by discussing three logical presuppositions: (1) the performance of tyrannical acts, (2) the exclusive targeting of minorities, and (3) collective action by the majority. In the final part, I propose to revalue the concept as an instrument of horizontal accountability among citizens. Antipopulist rather than antidemocratic in nature, it allows the losers of majoritarian decisions to call their fellow citizens to account for the injustices they engender.
  • Topic: Human Rights, Culture, Democracy, Citizenship, Rule of Law
  • Political Geography: Global Focus
  • Author: Ronja Harder, Jasper Linke
  • Publication Date: 01-2019
  • Content Type: Special Report
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
  • Topic: Security, Human Rights, Law Enforcement, Military Affairs, Rule of Law
  • Political Geography: Geneva, Global Focus
  • Author: Khalid Tinasti
  • Publication Date: 03-2019
  • Content Type: Research Paper
  • Institution: Brown Journal of World Affairs
  • Abstract: Evidence indicates that the “war on drugs” has failed to achieve its stated objectives of eliminating or reducing the production, consumption, and trafficking of illegal drugs. In 2016, an estimated 275 million people used drugs globally, and the value of the drug trade is estimated at between US$426 and $652 billion, an increase from 208 million drug users and $320 billion of market turnover a decade ago.1 Furthermore, the war on drugs has created major negative unintended consequences impacting global development objectives: mass incarceration, a thriving illegal drug market, the spread of infectious diseases, urban violence, and human rights violations. These unintended consequences prompted a global movement to address the problems created by drug control policies, based on evidence that while drug use is harmful, harm can be mitigated with the right mix of policies.
  • Topic: Crime, War on Drugs, Narcotics Trafficking, Rule of Law
  • Political Geography: Global Focus
  • Author: Andreas L. Paulus, Johann Ruben Leiss
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: This article explores rule of law transfers from an international perspective. Based on the observation that the proposal of an emerging international constitutional order seems to have lost momentum this article emphasizes a global legal reality that is characterized by a complex and rather non-hierarchical interplay between various (fragmented) international legal orders and suborders as well as national legal orders. This article discusses four legal mechanisms that are of pivotal relevance with respect to global rule of law transfers. These mechanisms include, first, so-called “hinge provisions” as doorways between different legal orders, second, harmonious interpretation as a legal tool of integration, third the sources of international law enabling transmission of norms and providing a framework for judicial interaction and, fourth, judicial dialogue as an informal means of rule of law transfer.
  • Topic: International Cooperation, International Law, Sovereignty, Rule of Law
  • Political Geography: Global Focus
  • Author: Peter-Tobias Stoll
  • Publication Date: 12-2018
  • Content Type: Journal Article
  • Journal: The Goettingen Journal of International Law
  • Institution: The Goettingen Journal of International Law
  • Abstract: International investment law appeals to a lawyer’s appetite for the rule of law by disciplining the exercise of power between States and foreign investors through legalization and judicialization. Originally supposed to serve as a fix to promote foreign investments in developing countries in times of legal uncertainties, now, thousands of bilateral investment agreements exist, and the number of cases in investment arbitration has exploded in the last decade. Further, there is a tendency of generalization, as investment protection now features as a standard element of international trade agreements, far beyond the original focus on developing countries. A number of flaws and shortcomings of the rules and procedures became apparent in the course of the more frequent use of the system and resulted in much discussion within the expert community, which resulted in some changes. Furthermore, the long neglected possibility became apparent, that investment claims could be directed against industrialized countries and that the conduct of their authorities could be subjected to review by international arbitration tribunals. This sparked heated public debates, particularly so in the EU. These two developments have in common, that they implicitly as well as explicitly raised the issue of the rule of law. This paper will assess the system of international investment law as it stands, its critique and its reform, through the lens of the rule of law. It will also make a highly idealistic proposal on the further development of international investment protection. In concluding, it will reflect on the proper use of the rule of law in legal analysis, by setting out the different perspectives in which the term may be employed, and the methodological consequences.
  • Topic: International Law, International Trade and Finance, Rule of Law, Investment
  • Political Geography: Global Focus