Search

Begin New Search Topic Rule of Law

111. Re-Establishment and Reform of the Justice System in Kosovo (1999-2011)

Author:
Kosovar Centre for Security Studies (KCSS)
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
While the research describe the development of justice system in the pre-independence period, the research team paid particular attention for the post-independence justice system focusing on the legal mandate of EULEX and problems in the North. Nevertheless, having in mind the complex sector and the diverse mechanisms, it was not the intention of the researchers to deepen the analysis in some specific areas of justice but rather to provide a broader overview. In fact, this research is expected to serve as the basis for upcoming research papers of KCSS aiming to address more specifically the important aspects in the broader field of rule of law.The paper shall serve as reliable source for the students, researchers and the policy makers willing to have a general picture on the developments in this sector. The original version is in English language and translated into Albanian Language.
Topic:
Security, Reform, Rule of Law, and Justice
Political Geography:
Europe, Kosovo, and Balkans

112. Human Rights Standards for Targeted Sanctions

Author:
David Cortright and Erika de Wet
Publication Date:
01-2010
Content Type:
Policy Brief
Institution:
Fourth Freedom Forum
Abstract:
Support for human rights principles is essential for sustaining political support for the fight against global terrorism. Nothing erodes support for antiterrorism measures more than the perception that such programs are eroding basic individual freedoms. Disregard for the rule of law and an overreliance on repressive measures alienates many of the social groups and political constituencies whose cooperation is needed in the collective struggle against terrorism.
Topic:
Human Rights, Terrorism, Sanctions, and Rule of Law
Political Geography:
Global Focus

113. Monitoring Report: Albania in the Stabilisation and Association Process

Publication Date:
10-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
For the second consecutive year, the Open Society Foundation for Albania and a group of independent experts took the initiative of monitoring Albania's progress in the Stabilization and Association Agreement during the period October 1, 2007, to October 15, 2008. This report focuses on priority issues of EU-Albania relations, such as democracy and the rule of law, fundamental human rights and freedoms, and home affairs, as well as the institutional framework of administrative capacities on management of the European integration process. The report provides recommendations to the government of Albania and central institutions in fulfilling European integration priorities. Monitoring and assessment was concentrated in tangible outcomes. This report succeeded an interim report (October 2007-March 2008) that was submitted to the European Commission in preparation of its Albania Progress Report 2008. The full report from the European Commission is also available in PDF format.
Topic:
Human Rights, European Union, Rule of Law, Regional Integration, Management, and Freedom
Political Geography:
Albania

114. Building the Rule of Law and Establishing Accountability for Atrocities in the Aftermath of Conflict

Author:
Louis Aucoin
Publication Date:
01-2007
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
As places like Iraq and Afghanistan dominate the news, perhaps never before has post-conflict reconstruction assumed greater importance. As the resources of countries around the globe are invested in these and other conflict and post-conflict situations, it has become increasingly clear that the establishment of the rule of law is essential to the success of these efforts. In fact, the authorities have begun to recognize that the failure to prioritize the rule of law has been one of the chief failings of recent post-conflict missions.1 In the Secretary-General of the United Nations’ August 2004 report entitled “The rule of law and transitional justice in post-conflict societies,” Kofi Annan has defined the rule of law as: a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedure and legal transparency.2 In the past few decades, international and local actors have been working separately and together to foster all of these aspects of the rule of law in countries where it has been destroyed by conflict. There are now a number of activities that have emerged as standard strategies for the promotion of rule of law and transitional justice in post-conflict societies. New lessons are learned from each international mission or intervention in post-conflict societies, and practitioners are beginning to identify important methodological approaches building on those lessons. So-called “top-down” approaches, in which international elites attempt to impose foreign models, are frowned upon, and “bottom-up” strategies designed to foster local ownership and legitimacy are favored. In addition, practitioners of rule of law promotion now call for a holistic approach to this field in which multidisciplinary teams coordinate all of their activities pursuant to a strategic plan, which itself is the result of a careful pre-deployment assessment. The principal activities now intimately associated with this new field include: constitution-making, judicial reform, law development, democratic policing, establishing accountability/fighting impunity, fighting corruption, and the use of local customary practices in promoting the rule of law. This study analyzes the state of the art of rule of law promotion in the context of each one of these rule of law activities, briefly identifying the lessons learned, flagging questions unanswered, and, where possible, identifying the way forward.
Topic:
Conflict, Rule of Law, Accountability, and Atrocities
Political Geography:
Global Focus