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91. Modern Authoritarian Regimes: a Contribution to the Systematisation of the Continuing Debate

Author:
Jan Holzer and Peter Martinek
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
This paper deals with the conceptual framework of so-called ‘modern authori- tarianism’, allegedly a form of government typical of non-democratic regimes at the begin- ning of the twenty-first century. The paper is based on the approach of Tyler Roylance, who divided the sources of legitimacy employed by modern authoritarian regimes into five spheres: the economy, the media, political competition, civil society and the rule of law. Following the arguments presented by various authors in their efforts to conceptualise different examples of modern authoritarianism, the paper aims to contrast this debate with the classical approaches to the research of non-democratic regimes.
Topic:
Corruption, Authoritarianism, Rule of Law, and Propaganda
Political Geography:
Global Focus

92. Budgetary Sanctions as a Mechanism to Protect the Rule of Law in the EU

Author:
Marta Makowska and Melchior Szczepanik
Publication Date:
09-2018
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
In the draft multiannual financial framework (MFF) 2021-2027, the European Commission (EC) proposed a political conditionality mechanism through which EU funds could be suspended for countries violating the rule of law. If implemented, it would grant the EC new powers to control the condition of the rule of law in Member States, but it is based on imprecise criteria. Even though the EC has declared that the mechanism is designed to discipline state institutions responsible for breaches, it could be damaging mainly to the final beneficiaries of the funds.
Topic:
Sanctions, Budget, European Union, and Rule of Law
Political Geography:
Europe

93. Integrity on Trial: Judicial reform in Georgia, Ukraine and Moldova

Author:
Steven Blockmans, Nadejda Hriptievschi, Viacheslav Panasiuk, and Ekaterine Zguladze
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Under the terms of their Association Agreements with the EU, Georgia, Ukraine and Moldova are expected to strengthen the independence of the judiciary, establish zero tolerance of corruption in the legal profession, and reform legislation regarding prosecutors, judges and lawyers. The EU is keen to identify and build upon existing positive sources of resilience, as well as to track and respond to vulnerabilities with the mix of instruments and budgets at its disposal. It is taking a differentiated approach to improving relations with its neighbouring countries. In the case of Georgia, this raises the question of whether the radical overhaul of the Saakashvili-era reforms can withstand the corruptive practices of narrow-minded political and economic operators. In Ukraine, the challenge is how to prolong and channel the positive reform dynamic to firmly anchor institutional and procedural change in the justice sector. In Moldova, the issue is rather to insulate the pockets of successful reform while supporting drivers of change in their fight against illiberal forces. This study identifies innovations in the three associated states’ justice sectors. It analyses changes to both the ‘hardware’ of the justice system, i.e. the constitutional and institutional frameworks, and the ‘software’, i.e. the selection, appointment, promotion and disciplinary procedures and other means to fight corruption in the justice sector. It concludes with a review of existing court practice with the AA/DCFTAs. By doing so, the paper not only gauges national judges’ awareness about the need to enforce their country’s contractual obligations with the EU, it also offers insights into the degree of domestic courts’ openness to use international/European law to put an end to conflicting national rules and bad practices.
Topic:
Corruption, Reform, European Union, Rule of Law, and Judiciary
Political Geography:
Europe, Ukraine, Moldova, and Georgia

94. Civilian-Led Governance and Security in Nigeria After Boko Haram

Author:
Jibrin Ibrahim and Saleh Bala
Publication Date:
12-2018
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Nigeria’s military has largely degraded the capacity of Boko Haram since the peak of the insurgency in 2015. The government and security forces must now focus on winning the peace. This Special Report outlines the insurgency and its aftermath, the challenges facing the Nigerian government, the imperative of national police reform, and ways forward to stable and effective civilian-led governance.
Topic:
Security, Insurgency, Governance, Reform, Rule of Law, Justice, and Boko Haram
Political Geography:
Africa, Nigeria, Chad, Cameroon, and Niger

95. Exit Strategy: Rule of Law and the U.S. Army

Author:
Shima D. Keene
Publication Date:
09-2018
Content Type:
Special Report
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
Establishing the rule of law is a key goal and end state in counterinsurgency (COIN) operations and is a critical aspect of securing peace and preventing future conflict. However, recent experience in theaters such as Afghanistan has shown that establishing effective rule of law institutions and practices is not a straightforward task. Consequently, considerations as to how and when rule of law institutions can start to be developed and integrated into the stability transition process must not only be planned in advance, but also form part of the U.S. Army’s strategy from the start of any military intervention. The analysis provided in this monograph will assist the U.S. Army, and more broadly the Departments of Defense and State, in better facilitating a seamless rebalancing from military to police functions in post-conflict environments, and to ensure that sustainable and effective rule of law interventions are delivered as part of an exit strategy.
Topic:
Military Strategy, Armed Forces, Military Intervention, Rule of Law, Army, and Nation Building
Political Geography:
North America and United States of America

96. Frontier Justice: A New Approach for U.S. Rule of Law Assistance

Author:
Robert M. Perito and Donald J. Planty
Publication Date:
05-2018
Content Type:
Commentary and Analysis
Institution:
Public International Law Policy Group
Abstract:
United States rule of law assistance is failing to help recipient governments provide good governance, security and justice. This is particularly true in three categories of states in crisis: (1) states that are experiencing extreme levels of organized criminal violence; (2) states where international Islamist terrorism is attempting to impose extreme versions of Shariah law; and (3) states where corrupt authoritarian governments have morphed into kleptocracies. Though conditions have changed in these countries, U.S. rule of law assistance continues to employ a fragmented and technocratic approach to improving foreign criminal justice systems. Dedicated officials, civil society leaders, and concerned citizens in these countries want to establish the rule of law. In many cases, our current assistance does not help them change the prevailing paradigm. What new approaches for U.S. rule of law assistance are required to provide them with the support needed to change the system? In countries threatened by criminal violence, terrorism, and corrupt authoritarian rule, the study found that those working to promote a democratic political process believed rule of law was the essential element in providing good governance, security, and justice. They pointed out that law enforcement authorities and the criminal justice system were primary targets for those seeking to impose despotic regimes. They looked to the United States as a natural ally sharing common values and providing a model of what they can achieve. These individuals confirmed the critical importance of U.S. assistance in preventing further deterioration in the local conditions and to providing any hope that the situation might be improved. In all cases, these activists lamented the fact that U.S. rule of law assistance programs were often not strategically focused, culturally relevant, or adequately resourced. They made clear that more—not less—U.S. help is required to move forward. Indeed, they called for increased use of U.S. political and diplomatic leverage, closer consultations on program selection and development, and more intelligent targeting of financial resources. Whether aimed at establishing justice, enabling economic development, or promoting foreign investment, U.S. rule of law assistance has been a tool of U.S. foreign and national security policy since the end of World War II. The Obama Administration, however, subordinated rule of law programming to assistance for promoting democracy, protecting human rights, and enabling good governance. There also was a sharp drop in the financial resources devoted to aiding the justice sector. Outside of large programs in Iraq and Afghanistan, funding for aid to courts and corrections fell from several billion dollars to $1.9 billion in 2013 to less than $500 million in 2016. At the same time, rule of law assistance became ‘securitized’ with assistance increasingly focused on convicting and incarcerating drug traffickers and terrorists. The study identified other conditions and practices that undermined the effectiveness of U.S. rule of law programming. From the Washington perspective there is no readily knowable number for the total amount the United States spends annually on rule of law assistance, nor is there a common policy, doctrine, strategy, or coordinating mechanism for this aid. Funding is provided from a number of legislative funding sources, allocated to various government departments, and then spread among numerous implementing partners, primarily non- governmental organizations (NGOs) and commercial contractors. Assistance programs militarize civilian security forces and train prosecutors to charge terrorism suspects and jailors to prevent radicalization. Government agencies concerned with the rule of law programming utilize staff with legal and law enforcement backgrounds largely as advisors and rely upon generic program officers to handle program design, funding and program management. As a result, establishing the rule of law is less a tool than an end state that hopefully will result from programs to ensure free elections, fight drug trafficking, and counter violent extremism. In the field, the study found the administration of U.S. rule of law assistance is neither strategically focused nor designed to produce sustainable change. U.S. programs fail to emphasize that state building efforts are political initiatives and not technical exercises. Program funding is not concentrated to achieve objectives and mobilize sufficient local support. In areas where criminals, jihadists, and insurgents operate without respect for national borders, U.S. assistance does not have a regional perspective. Project implementation is also affected by a lack of U.S. government staff with legal and law enforcement backgrounds on the ground and by risk adverse State Department personnel policies that restrict the movement of U.S. officials making it difficult for them to meet with counterparts and visit project sites to access progress.
Topic:
Security, Governance, Legal Theory, Rule of Law, Borders, and Legal Sector
Political Geography:
North America and United States of America

97. Intelligence Services: Roles and responsibilities in good security sector governance

Author:
Fairlie Chappuis and Ronja Harder
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This SSR Backgrounder explains the roles and responsibilities of intelligence services in good security sector governance (SSG). Intelligence services perform an essential security function by providing governments with timely and relevant information necessary to protect the security of states and their societies. Applying the principles of good SSG to intelligence services makes them both effective and accountable within a framework of democratic governance, the rule of law and respect for human rights. This SSR Backgrounder answers the following questions: What are intelligence services? What do intelligence services do? How is intelligence produced? What intrusive legal powers do intelligence services hold? How can intelligence services comply with good security sector governance? How does security sector reform benefit intelligence services? How can secrecy be made compatible with good governance? What is international intelligence cooperation?
Topic:
Security, Human Rights, Intelligence, Governance, and Rule of Law
Political Geography:
Geneva and Global Focus

98. Land Acquisition in India: A Review of Supreme Court Cases (1950-2016)

Author:
Namita Wahi, Ankit Bhatia, Pallav Shukla, Dhruva Gandhi, Shubham Jain, and Upasana Chauhan
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Context: India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition of land by the state for economic development projects, including infrastructure and industry, lies at the heart of these challenges. Simultaneously, securing constitutionally guaranteed land rights to the poorest and most vulnerable communities in India against the state and other dominant communities, has been considered crucial to their economic and social empowerment. Land is not only an important economic resource and source of livelihoods, it is also central to community identity, history and culture. Unsurprisingly then, throughout India, dispute over state acquisition of land that deprives people of their land rights spans various dimensions of economic, social, and political life. How do we mitigate this conflict? The CPR Land Rights Initiative report on ‘Land Acquisition in India: A Review of Supreme Court cases from 1950-2016’, offers some preliminary answers to this question. Not only is this report the first comprehensive country-wide study of land acquisition disputes since India's independence, but also for the first time ever analyses these disputes along various metrics, such as i) public purpose, ii) procedure for acquisition, iii) compensation, iv) invocation of the urgency clause, v) pendency of claims, and vi) tracks trends with respect to distribution of disputes across geography and time, and central and state laws. The Report also analyses litigation under the newly enacted Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) for the three year period, 2014 to 2016. A detailed presentation of the findings from the report can be accessed here. Key findings: Reasons for inequity between state and land losers: The Report concludes that the political and social contestation over land acquisition stems from the inherently coercive nature of the land acquisition process, which creates a severe imbalance of power between the state and land losers. While much of this imbalance was created by the text of the Land Acquisition Act, 1894, a considerable part of it could also be attributed to executive non-compliance with the rule of law. The result is a situation of great inequity for the land losers. Legal reform under the LARR Act should be implemented by government, not subverted to redress these inequities: The Report finds that specific provisions of the LARR Act are steps in the right direction to redress the imbalance of power that was built into the Land Acquisition Act, 1894 in so far as: i) they empower livelihood losers along with title-holders to bring claims for compensation and rehabilitation, ii) bring compensation requirements in accordance with existing reality, and iii) introduce requirements of consent and social impact assessment. The Report shows that litigation helps channelise political contestation of state action into legal as opposed to extra legal disputes. Therefore, by empowering hitherto disempowered land losers to bring claims under the LARR Act, the Act will help preempt extra-legal conflict. Since conflict inevitably stalls or derails legitimate development projects, it is in the interest of the government to comply with, and not subvert the LARR Act. Legal reforms must be supplemented by administrative and bureaucratic reforms: The Report highlights that legal reform is a necessary but not a sufficient precondition for ensuring greater equity and efficiency within the land acquisition process. In the absence of administrative and bureaucratic reforms, the introduction of the LARR Act will not succeed in eliminating inequities and inefficiencies embedded within the implementation of existing land acquisition procedures. In fact, the increase in procedural requirements under the LARR Act implies an even greater need for securing executive compliance with the rule of law, in order to translate the equities intended by these additional procedures into reality for land losers. Types of administrative reforms required: Such administrative reforms include building of state capacity to meaningfully comply with the increased procedural requirements stipulated by the LARR Act, and designing institutional structures that incentivise such compliance with the rule of law. This, in turn, requires a serious mind-set shift within the government toward accepting the reform enshrined in the LARR Act, and not subverting it as we have seen in both the LARR Ordinance, and the state amendments to the LARR Act, as also the rules adopted to implement the LARR Act in the states.
Topic:
History, Reform, Economic Growth, Land Law, Courts, Supreme Court, Rule of Law, and Land Rights
Political Geography:
South Asia, India, and Asia

99. Internal Security in Papua New Guinea: Trends and Prospects

Author:
Sinclair Dinnen
Publication Date:
12-2017
Content Type:
Commentary and Analysis
Institution:
Lowy Institute for International Policy
Abstract:
Concerns about personal security have been prominent in Papua New Guinea for many years. Personal security figures regularly in travel advisories issued by foreign governments. International news coverage of Papua New Guinea is often about violence or crime, reinforcing the country's reputation as a dangerous and lawless place. A visitor to Port Moresby, the sprawling national capital, sees evidence of this in the elaborate security arrangements that shape the urban landscape. Drivers of insecurity in this young nation are complex and multidimensional, stemming from the legacies of a recent colonial past, along with the ongoing challenges of state consolidation and the uneven effects of economic globalisation. The main security threats are non-traditional, including urban crime, gender-based violence, corruption, arms trafficking, border protection, resource poaching, climate change, natural disasters, and transnational crime. Although some view China's growing presence as a potential threat, its activities in Papua New Guinea have been largely confined to diplomacy, development assistance and investment. Prime Minister Peter O'Neill has acknowledged the absence of any "distinct conventional external threat", while PNG's National Security Policy recognises the developmental and political character of the country's security challenges.
Topic:
Security, Crime, Development, Natural Resources, and Rule of Law
Political Geography:
AustralAsia and Papua New Guinea

100. Explaining Variation in Public Debt: A Quantitative Analysis of the Effects of Governance

Author:
Andreas Eisl
Publication Date:
06-2017
Content Type:
Research Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
This paper examines the main political influence factors accounting for the variation in public debt accumulation on a global scale. This allows for a reassessment of the recent focus on a regime type theory of public debt and for a test of an alternative governance theory. I argue that political stability, the rule of law, the control of corruption, government effectiveness, and regulatory quality promote lower public debt accumulation by reducing the incentives for governments to “borrow from the future,” by increasing state capacity to collect taxes and effectively use public funds, and by providing more security and equity to private investment, inducing higher economic growth and tax revenues. Both theories are tested against a number of controls stemming from theories of public choice, theories of governmental distributional conflict, as well as from politico-institutional and macroeconomic explanations of public debt accumulation. Applying different specifications of quantitative models, the two governance indicators political stability and regulatory quality show consistent effects on public debt accumulation, partly confirming the proposed governance theory. Furthermore, the paper can reproduce a public debt-reducing effect of more democratic regime types across a number of model specifications – though without a high degree of robustness.
Topic:
Corruption, Economics, International Political Economy, Regulation, Rule of Law, Macroeconomics, and Public Debt
Political Geography:
Global Focus