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  • Author: Annie Pforzheimer, Andrew Hyde, Jason Criss Howk
  • Publication Date: 03-2021
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: Failure to plan realistically for needed changes in Afghanistan’s security sector following a peace settlement—and failure to start phasing in changes now—will lead to post-settlement instability. This report examines the particular challenges Afghanistan will face, with examples from the climate following peace settlements in other parts of the world offering insight into what may occur and possibilities for response. An Afghan-owned and Afghan-led strategy that incorporates some of this report’s recommendations can help create a lasting foundation for Afghan and regional stability.
  • Topic: Security, Political stability, Rule of Law, Peace, Justice
  • Political Geography: Afghanistan, South Asia
  • Author: Umar Mahmood Khan, Rana Hamza Ijaz, Sevim Saadat
  • Publication Date: 04-2021
  • Content Type: Special Report
  • Institution: United States Institute of Peace
  • Abstract: When Pakistan’s Federally Administered Tribal Areas were officially merged into Khyber Pakhtunkhwa Province in May 2018, the five million residents of the former tribal areas acquired the same constitutional rights and protections—including access to a formal judicial system—as Pakistan’s other citizens. This report, based on field research carried out by the authors, explores the status of the formal justice system’s expansion, finding both positive trends and severe administrative and capacity challenges, and offers recommendations to address these issues.
  • Topic: Security, Rule of Law, Justice, Tribes
  • Political Geography: Pakistan, South Asia
  • Author: Michael C. Davis
  • Publication Date: 02-2021
  • Content Type: Policy Brief
  • Institution: The Jamestown Foundation
  • Abstract: After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
  • Topic: Human Rights, Law, Rule of Law, Protests, Repression
  • Political Geography: China, Asia, Hong Kong
  • Author: Eric Maurice
  • Publication Date: 04-2021
  • Content Type: Policy Brief
  • Institution: Robert Schuman Foundation (RSF)
  • Abstract: For half a decade, the Polish government has been reshaping the country's judicial system in a process described by the European Union as a "threat to the rule of law". Despite numerous Council of Europe reports and resolutions, several infringement proceedings and decisions of the Court of Justice of the European Union (ECJ), and the unprecedented activation of the so-called Article 7 procedure of the Treaty on European Union (TEU), the transformation of the judiciary into relays of political power has continued and accelerated since the Law and Justice Party (PiS) won a new term in 2019 and the reelection of President Andrzej Duda in 2020, pushing Poland to the limits of the European legal order.
  • Topic: Government, European Union, Courts, Rule of Law
  • Political Geography: Europe, Poland
  • Author: Greg Delawie
  • Publication Date: 09-2020
  • Content Type: Journal Article
  • Journal: The Ambassador's Review
  • Institution: Council of American Ambassadors
  • Abstract: Kosovo, which declared independence from Serbia in 2008, is the most pro-American country in the world. From 2012 to 2013, it was also the world’s per-capita biggest source of foreign terrorist fighters (FTFs) in Syria. It would seem those two statements could not possibly both be true, but they are. This is the story of how the professional diplomats at the U.S. Embassy in Pristina, aided by experts from the United States, played a major role in helping the new country bring the FTF problem under control for our mutual benefit. Between 2012 (when the Syrian civil war started) and 2016, more than 300 Kosovo citizens went to fight with al-Nusra, or ISIS. U.N. Development Program analysts who interviewed FTFs identified two categories of reasons for this phenomenon: “push factors” and “pull factors.” Among the push factors were Kosovo’s poverty, weak rule of law (enabling porous borders), corruption and high unemployment, especially among the young (60%, compared to 30% overall, in a population with 50% age 25 or younger). The pull factors were more complicated: After the 1998-1999 Kosovo war, “humanitarian” NGOs from the Middle East came to build mosques and provide aid, also importing Wahabi-style Islam, which is very different from Kosovo’s Hanafi Islamic tradition. Some Kosovo imams trained in Middle Eastern religious schools came back with a more radical Islam. ISIS recruiters proclaimed a religious duty for Kosovars to help Syrian Muslims threatened by Syrian President Bashar al-Assad. Radical imams operating outside the Kosovo Islamic community recruited young men, often offering computer or English classes as bait.
  • Topic: Terrorism, Counter-terrorism, Conflict, Rule of Law
  • Political Geography: Europe, Kosovo, Balkans
  • 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: Charles T. Hunt
  • Publication Date: 02-2020
  • Content Type: Policy Brief
  • Institution: International Peace Institute
  • Abstract: Since first deployed in 1960, United Nations police (UNPOL) have consistently been present in UN missions and have become increasingly important to achieving mission objectives. Since 1999, these objectives have often included the protection of civilians (POC), especially in places like the Central African Republic, Darfur, the Democratic Republic of the Congo, Mali, and South Sudan. But despite its rise in prominence, the protective role of UNPOL is generally undervalued and regularly overlooked, and missions have tended to overly rely on militarized approaches to POC. This report examines the roles and responsibilities of UNPOL regarding POC. It outlines UNPOL’s contributions to POC and perceived comparative advantages, using examples of their role as compeller, deterrent, partner, and enabler. It also identifies and draws lessons from challenges to police protection efforts, including ambiguous mandates, policies, and guidance; poor coordination; problematic partnerships; and deficits in capabilities, capacities, and tools. Drawing on these lessons from past and current deployments, the report proposes recommendations for how member states, the Security Council, the UN Secretariat, and field missions can improve UNPOL’s efforts to protect civilians going forward. These recommendations include: Clarifying the role of UN police in POC through mandates, policies, guidance, and training to align the expectations of UN peace operations, the Secretariat, and member states for what UNPOL are expected to do; Involving all UN police in POC and giving them a voice in decision making and planning to infuse whole-of-mission POC efforts with policing perspectives and empower UNPOL to act more readily; Enhancing partnerships between UN police, host states, and other mission components to enable more responsive, better coordinated, and more comprehensive approaches to POC; and Providing more appropriate and more flexible capabilities, capacities, and tools to address critical capabilities gaps and adapt existing resources to better meet UNPOL’s latent potential for POC.
  • Topic: Security, United Nations, Peacekeeping, Reform, Rule of Law, Civilians, Police
  • Political Geography: Africa, Darfur, Mali, South Sudan, Central African Republic, Congo
  • Author: Kharis Templeman
  • Publication Date: 01-2020
  • Content Type: Policy Brief
  • Institution: Atlantic Council
  • Abstract: Over the past three decades, democracy has put down roots in many seemingly unlikely places across Asia, from Mongolia to Indonesia. At a time when democracy is in global retreat, the majority of these Asian regimes have demonstrated surprising resiliency, though many continue to suffer from glaring flaws: weak state capacity and accountability institutions, the absence of impartial rule of law, and uneven protection of political rights and civil liberties. This issue brief, “Democracy under Siege: Advancing Cooperation and Common Values in the Indo-Pacific,” by Dr. Kharis Templeman, examines challenges and opportunities for advancing cooperation and common values in the Indo-Pacific as the region faces an increasing challenge from China.
  • Topic: Civil Society, Corruption, Diplomacy, International Organization, Politics, Reform, Elections, Democracy, Rule of Law, Norms, Transition
  • Political Geography: Japan, China, Taiwan, East Asia, Asia, Australia, Korea, Indo-Pacific
  • Author: Olaf Weber, Vasundhara Saravade
  • Publication Date: 07-2020
  • Content Type: Working Paper
  • Institution: Gateway House: Indian Council on Global Relations
  • Abstract: India’s energy future needs to be low-carbon, climate-resilient and protected against price fluctuation. It can meet these needs by investing in Canadian oil companies, given the country’s political stability and rule of law. India can also attract greater foreign direct investment at home through the issuance of green bonds, a climate finance debt instrument that addresses environmental and climate-related challenges. This paper explores the regulatory perspective of the green bond market.
  • Topic: Climate Change, Energy Policy, Foreign Direct Investment, Rule of Law, Renewable Energy
  • Political Geography: South Asia, Canada, India, North America