Search

You searched for: Publication Year within 10 Years Remove constraint Publication Year: within 10 Years Publication Year within 5 Years Remove constraint Publication Year: within 5 Years Topic Rule of Law Remove constraint Topic: Rule of Law
Number of results to display per page

Search Results

  • 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: Shilpa A. Venigandla
  • Publication Date: 05-2021
  • Content Type: Policy Brief
  • Institution: International Peace Institute
  • Abstract: Most countries that host UN peacekeeping operations face an impunity gap. Their national courts often lack the capacity to prosecute international crimes such as genocide, crimes against humanity, war crimes, and grave violations of human rights. As a result, special or hybrid courts and international courts, like the International Criminal Court (ICC), often have to step in. In such contexts, some UN peacekeeping operations have been mandated by the UN Security Council to support justice, fight impunity, and pursue accountability, mainly in support of national justice mechanisms. This issue brief focuses on cooperation between UN peacekeeping missions and the ICC. After discussing the impunity gap when it comes to international criminal justice, it outlines frameworks that provide a foundation for cooperation between the ICC and the Security Council. It then explores the benefits of cooperation and the political barriers and conflict dynamics that have prevented UN peacekeeping operations from fully assisting the ICC. The paper concludes by considering how the protection of civilians (POC)—particularly the establishment of a protective environment—could provide opportunities for cooperation between peacekeeping operations and the ICC in pursuit of a more coherent approach to international justice. Given that international justice reinforces protection mandates, POC could serve as a guiding principle for peace operations’ future support to international criminal justice. By reflecting and building on best practices and lessons learned from previous challenges, peacekeeping operations can more effectively pursue international justice and ensure the sustainability of their protection efforts.
  • Topic: United Nations, Peacekeeping, Rule of Law, Accountability, Justice, International Criminal Court (ICC)
  • Political Geography: Global Focus
  • 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: Luuk Molthof, Nienke van Heukelingen, Giulia Cretti
  • Publication Date: 08-2021
  • Content Type: Policy Brief
  • Institution: Clingendael Netherlands Institute of International Relations
  • Abstract: Despite the existence of an extensive ‘rule of law toolbox’, the EU has found it difficult to deal with rule of law issues. Many experts attribute the EU’s failure to act to a lack of political will and determination on the part of EU institutions and member states. However, not all actors are lacking in political will (equally). The Netherlands, for instance, has been very concerned about the erosion of the rule of law inside the EU and has been one of the more active member states – along with, for instance, Belgium, Finland, Sweden and Denmark – in trying to address the EU’s rule of law crisis. In this policy brief, we examine three possible avenues available to the Netherlands to strengthen the political will of EU institutions and (like-minded) peers to assertively address this crisis and to increase pressure on backsliding member states to safeguard the rule of law.
  • Topic: European Union, Democracy, Rule of Law, Institutions
  • Political Geography: Europe, Finland, Belgium, Denmark, Sweden, Netherlands
  • Author: Laura Gelhaus, Pavel Havlíček, Stefan Meister
  • Publication Date: 07-2021
  • Content Type: Policy Brief
  • Institution: German Council on Foreign Relations (DGAP)
  • Abstract: Supporting the rule of law has been central to the EU’s Eastern Partnership (EaP) policy since 2009. There has been very limited success in this, however. The EU’s core problem is what is usually its strength: addressing a highly politicized area through a technical approach. EU policymakers need to acknowledge that their political silence is permitting ruling elites in EaP countries to block progress in the rule of law and that the EU is failing to call out pervasive systems of informality there.
  • Topic: Diplomacy, European Union, Partnerships, Rule of Law
  • Political Geography: Europe, Ukraine, Moldova, Georgia, United States of America
  • Author: Shoaib Timory
  • Publication Date: 02-2021
  • Content Type: Policy Brief
  • Institution: Afghanistan Research and Evaluation Unit (AREU)
  • Abstract: In a government with a separation of powers, independence is an indispensable feature of the judiciary. An independent judiciary gives credibility to political systems and is also the force behind reinforcing democracy and the rule of law. This watching brief briefly maps out the existing legal framework that ensures the independence of the judicial branch in Afghanistan and the reasons for the weak utilis ation of this feature which puts the judiciary in an uneven position compared to the other two branches of government. Moreover, the watching brief presents a set of recommendations for the enhancement of judicial independence in the country.
  • Topic: Democracy, Rule of Law, Judiciary, Independence
  • Political Geography: Afghanistan, Middle East
  • Author: Benjamin Nurkic
  • Publication Date: 03-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
  • Topic: Law, Reform, Constitution, Rule of Law, Legal Aid
  • Political Geography: Europe, Bosnia and Herzegovina
  • Author: Etleva Paplekaj
  • Publication Date: 06-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
  • Topic: Reform, Democracy, Constitution, Political stability, Rule of Law, Institutionalism
  • Political Geography: Europe, Turkey
  • Author: K.A.A.N. Thilakarathna
  • Publication Date: 06-2021
  • Content Type: Journal Article
  • Journal: Journal of Liberty and International Affairs
  • Institution: Institute for Research and European Studies (IRES)
  • Abstract: International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
  • Topic: International Law, Rule of Law, Judiciary, Jurisdiction
  • Political Geography: Asia, Sri Lanka