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51. Paraguay's Compliance With The Inter-American Human Rights System

Author:
Aníbal Pérez-Liñán, Madeline Soiney, and Andrés Hernández
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Why do new democracies comply with international human rights obligations? We analyze Paraguay’s compliance with all reparation measures requested by the Inter-American Human Rights System over the past two decades. In contrast to most studies, which focus on reparation measures ordered by a single organ in the system, our study covers all orders resulting from friendly settlements, reports published by the Inter-American Commission on Human Rights, and rulings by the Inter-American Court of Human Rights. We provide a novel classification of human rights cases, and evaluate three competing explanations for compliance: legal factors, international pressures, and domestic political will. Our analysis of 1,426 reparation-years underscores the importance of changes in political will over time.
Topic:
Human Rights, Democracy, Rule of Law, and Institutions
Political Geography:
Latin America, Paraguay, and Global Focus

52. Gender-responsive Budgeting in Tanzania

Author:
Bertha O. Koda and Lilian V Mtasingwa
Publication Date:
12-2021
Content Type:
Research Paper
Institution:
Oxfam Publishing
Abstract:
The Constitution and laws of the United Republic of Tanzania require the use of gender-responsive budgeting (GRB) to promote gender-balanced and integrated national economic plans. It is at the village level where community budget needs are identified, though women’s needs are often marginalized. Although women are best at articulating their needs, their voices are seldom raised owing to limited representation. Government budgets typically sideline the needs of small-scale female farmers for access to land, markets, credit, and extension services, especially compared with male farmers. Instead, budgets designed to address general farmers’ needs, such as markets and loans for inputs and storage for surplus harvests, are directed primarily to farmers who grow strategic crops, who are mainly men. Tanzania provides for a separate budget facility for women and youth, and although most interviewees from the grassroots and the government consider this as evidence of a gender budget, it reflects a limited knowledge of GRB. Some projects supported by nongovernmental organizations and civil society organizations reflect women’s and men’s diverse needs, a feature that government budgeting should emulate. Communities need to be empowered to challenge constraints to their participation in decision making on budgets related to their priority needs. Citizens must be involved in all phases of the budget process and cycle. Government officials and institutions must be provided with adequate GRB knowledge and skills so they can use available democratic systems and structures to empower communities to engage in GRB.
Topic:
Governance, Rule of Law, Diversity, and Gender
Political Geography:
Africa and Tanzania

53. War on Terrorism and its Impacts on Pakistan's Security

Author:
Huma Bilal, Azkaa Khan, and Mian Muhammad Azhar
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This article moves around the security of Pakistan and examined the incident of 9/11 and counter-terrorism strategies of civil-military during the war on terror. This study tells us that big attacks increase terrorism. After 9/11 some countries actively supported America in the war against terrorism and faced its negative consequences. Terrorism is a serious issue in the world. Many countries have taken serious actions against this evil. Pakistan faces many security challenges in the war against terrorism. This article is based on qualitative research techniques and secondary data. The massive lesson here is that the decision-making process should not be one-sided otherwise it leads to serious consequences. Pakistan experienced the worst issues in the portfolio of security. This requires a serious action plan on border security. Establish the writ of the state and secure the people from all internal and external threats. Resolve the conflicts between hostile factors peacefully without compromising on rule of law.
Topic:
Security, Terrorism, Taliban, Al Qaeda, and Rule of Law
Political Geography:
Pakistan and South Asia

54. Zuma Goes to Jail: Implications for Rule of Law, Democracy, and Governance in South Africa

Author:
Peter SAKWE MASUMBE
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
The Nkafu Policy Institute
Abstract:
There is a great silver lining in the quest for popular confidence in applying the rule of law, democracy, and governance processes in Africa’s politico-economic and socio-cultural landscapes, despite several setbacks occurring in several African countries today. In South Africa, the Constitutional Court recently found former president Zuma guilty of contempt of court and landed him a 15-month prison sentence, which is irrefutably a historic judgment in the annals of African politics. This judgment is loaded with several lawful and legitimate inferences for the continent’s democracies, rules of law, governances, and leadership. But can this judgment deter other African political leaders and apparent heavyweights in the governing processes from impunity? No matter the answer to this question, this judgment serves to remind Africans that human development in terms of applying democratic principles in the continent is gaining ground through the judiciary. Therefore, the African Union, with its Malabo’s Protocol and its envisaged creation of an African Court of Justice, reminiscence of the International Court of Justice, should re-examine itself, especially in the Protocol’s clause, which provides immunity to serving or former heads of state. This historical judgment pronounced by Acting Chief Justice Sisi Khampepe, signifies, in his words, “…A mission to share knowledge, rules of governance and democracy, in a lofty and lonely work of the judiciary, as an independent arm of government, impervious to public commentaries, and political rhetoric, to uphold and apply the Constitution and the law, no matter whose guts it is.” Ostensibly, in Africa, hardly has a court lower or higher, passed a safeguarding sentence, still less on a former president – civilian or military; whose governance was serenely investigated and found wanting. Necessarily, this judgment is unique, which an African court had to make, as deterrence to other African leaders.
Topic:
Civil Society, Democracy, Rule of Law, and Illegal Behavior
Political Geography:
Africa and South Africa

55. History and identity should not blight the EU’s enlargement policy towards the Western Balkans

Author:
Erwan Fouéré
Publication Date:
05-2021
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The EU must reject any attempt to introduce notions of history and identity into its enlargement policy. Otherwise it risks trampling on its 70 years of experience in overcoming the legacy of the past and promoting a peace project based on reconciliation and the rule of law. Yet this is precisely what is happening with Bulgaria’s veto against the opening of EU accession negotiations with North Macedonia. In March of last year the European Council gave the green light for the opening of accession negotiations with Albania and North Macedonia. A date for the first intergovernmental conference to formally launch the negotiations with both countries remains – unfortunately, out of sight.
Topic:
History, European Union, Rule of Law, Regional Integration, Identity, and Regional Politics
Political Geography:
Europe, Bulgaria, Balkans, Albania, and North Macedonia

56. Judicial Independence in Afghanistan: Legal Framework and Practical Challenges

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, and Independence
Political Geography:
Afghanistan and Middle East

57. Exploring avenues in the EU’s rule of law crisis: What role for the Netherlands?

Author:
Luuk Molthof, Nienke van Heukelingen, and 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, and Institutions
Political Geography:
Europe, Finland, Belgium, Denmark, Sweden, and Netherlands

58. Rule of Law Diplomacy: Why the EU Needs to Become More Vocal in Georgia, Moldova, and Ukraine

Author:
Laura Gelhaus, Pavel Havlíček, and 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, and Rule of Law
Political Geography:
Europe, Ukraine, Moldova, Georgia, and United States of America

59. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

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, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

60. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

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, and Institutionalism
Political Geography:
Europe and Turkey

61. The Role of the Judiciary in Recognizing and Implementing International Law: A Comparative Analysis with Special Reference to Sri Lanka

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, and Jurisdiction
Political Geography:
Asia and Sri Lanka

62. 2023: Turning Moment for European Energy Policy toward Balkans and the European Promotion of the Rule of Law

Author:
Aleksandar Kovacevic
Publication Date:
09-2021
Content Type:
Policy Brief
Institution:
Institute for Development and International Relations (IRMO)
Abstract:
The year 2023 is likely to bring congruence of events that may cause a “perfect storm” of breaking down security of energy supply, fragile political stability in the Balkans and its unsustainable social contract. As the region grows fragmented from mid-1960’s till nowadays, very few economic forces remain the EU than among themselves. The terms of trade favor imports against exports. After 20 years of infrastructure development and integration efforts, with support of donors and creditors, despite small improvements; Logistic Performance Index (LPI) for the Balkan countries remains slightly over half of best performers such as Germany. Port resources in place that may cause such impact to entire region in the given moment of time. Cross border trade in goods and services is negligibly small. Countries trade more with the rest of are not allocated in line with the commercial practice. That is not good enough for the region that links Mediterranean with the landlocked Danube area. Travel time along major railway routes (Zagreb – Belgrade or Belgrade -Bar) are twice longer than during 1980’s. Belgrade Port, that is the key destination for transport with all sea ports in the region is constrained by the city planning and kept below minimum throughput to be reported in European inland port statistics. Croatia, Montenegro or Albania, are hardly in position to engage into trade as their ports operate far below competitive thresholds. The transactions are prohibitively expensive.
Topic:
Energy Policy, International Cooperation, Infrastructure, European Union, and Rule of Law
Political Geography:
Europe and Balkans

63. Rebuilding Constitutionalism and Rule of Law in Zimbabwe

Author:
Stephen Buchanan-Clarke and Sikhululekile Mashingaidze
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Good Governance Africa (GGA)
Abstract:
Recommendations to the Zimbabwean government Commit to a new, inclusive pathway for a mediated, citizen-centred national dialogue to align with and enact the principles set out in the Zimbabwe Constitution of 2013, to resolve the current constitutional crisis and legitimacy question. Comprehensive legal, political, and economic reform is critical. Commit to the drafting and passing of a comprehensive electoral law consistent with the 2013 Constitution that guarantees the independence of the Zimbabwe Electoral Commission (ZEC), allows for the appointment of an independent ZEC chair from outside of Zimbabwe, and prevents government from interfering with the work of the commission. Ensure a comprehensive delimitation exercise, extend the voter registration process, and ensure there is a transparent and comprehensive verification process to develop a credible voters’ roll. This would include allowing independent interested stakeholders from civil society, the media, and opposition parties access to inspect the voters’ roll prior to elections. Promote a free and fair election campaign environment for all players, and actively guard against voter intimidation by establishing a special body to investigate complaints of political violence and allow external independent observers early access to all voting stations prior to election day. Restore independence and citizen trust in the county’s public institutions through, for example, the institution of an independent and impartial judicial committee tasked with restoring judicial independence and making recommendations for complete judicial reform, to eradicate judicial corruption, ensure the independence of judges and improve the functioning of the courts. End partisanship in the police force, starting with undertaking investigations into allegations of human rights violations against the Zimbabwe Republic Police (ZRP) and other security sector agencies, and ensuring those responsible for such abuses are held accountable under the law.
Topic:
Government, Human Rights, Reform, Elections, Constitution, Rule of Law, Police, and Inclusion
Political Geography:
Africa and Zimbabwe

64. Kosovo Security Barometer Special Edition on Corruption, Rule of Law and Police integrity in Kosovo

Author:
Shpat Balaj
Publication Date:
02-2021
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
The first section introduces the level of trust expressed by respondents on the relevant institutions (justice, security and municipal institutions), as well as the direct contact of the surveyed respondents with these institutions during 2018. Similar to previous years, security institutions are leading when it comes to public trust when compared to other institutions analysed in this special edition. The second section of the report interprets key security threats and risks in Kosovo. Given that corruption has been ranked as the highest problem to Kosovo’s national security, this section is focused on views of respondents towards corruption in the relevant institutions. Apart from general interpretation of data on corruption in Courts, Prosecution, Kosovo Police and Municipalities, the report offers cross-tabulated data analysis based on regions, rural/urban areas, gender balance, and ethnic composition of respondents for all targeted institutions. While, the third or final section of the report provides a detailed interpretation of open-ended and closed-ended questions of the 2018 survey of Kosovo Security Barometer on main issues harming police integrity in Kosovo. Accordingly, results presenting opinions of respondents on corruption within sectors of the Kosovo Police mirror a better understanding on what are the most and the least corrupted police sectors in Kosovo. Furthermore, data analysis through cross-tabulated results (based on regions, areas, gender balance, and ethnic background) provides an exhaustive elaboration of respondents’ attitudes towards police corruption in Kosovo. Given that the Kosovo Security Barometer’s survey was conducted in the second half of 2018 (September-October 2018), thus it does not reflect some of the developments that have occurred from November 2018 to March 2019.
Topic:
Security, Corruption, Rule of Law, and Police
Political Geography:
Eastern Europe and Kosovo

65. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland

66. To Be Served and Protected: Israeli Arab Citizens and the Police

Author:
Guy Ben-Porat
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
In January 2021, Prime Minister Benjamin Netanyahu paid a visit to Umm al-Fahm, an Arab city in the north of Israel. The visit, officially celebrating the country’s millionth COVID-19 vaccine recipient, also had a political purpose: winning the forthcoming elections in March 2021. For the first time, Netanyahu and the Likud party hoped to gain support from Israel’s Arab citizens. Among Netanyahu’s promises of economic betterment was a commitment to fight ris- ing crime and violence in Arab cities. He pledged “a comprehensive plan” with the primary goal of constructing more police stations “because a dense network of police stations creates more security.” Going further, he added that he “also want[ed] more intelligence, more officers, and more means [of enforcement].” Netanyahu declared himself “first and foremost committed to the rule of law and safety for citizens.”1
Topic:
Human Rights, Inequality, Citizenship, Rule of Law, and Police
Political Geography:
Middle East, Israel, and Palestine

67. Detecting the Ideological Position of Political Islam Towards Liberal Democracy in Muslim Countries

Author:
Nikola Gjorshoski and Goran Ilik
Publication Date:
01-2020
Content Type:
Working Paper
Journal:
Journal of Liberty and International Affairs
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, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus

68. Justice for All and the Public Health Emergency

Author:
David Steven and Maaike de Langen
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Center on International Cooperation (CIC)
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, and COVID-19
Political Geography:
Global Focus

69. Justice for All and the Economic Crisis

Author:
David Steven and Maaike de Langen
Publication Date:
07-2020
Content Type:
Policy Brief
Institution:
Center on International Cooperation (CIC)
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, and COVID-19
Political Geography:
Global Focus

70. Networks of impunity: Corruption and European foreign policy

Author:
Chris Raggett
Publication Date:
03-2020
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
European governments have failed to prevent corrupt actors from laundering hundreds of billions of dollars through the international financial system and their own economies. This breakdown in the rule of law empowers kleptocratic regimes across the globe, which capitalise on the political culture underpinning Europe’s approach to globalisation. Western governments create a negative feedback loop that hinders their foreign policy initiatives when they treat corruption in other countries as an inherent part of the local culture. European policymakers should aim to catch up with, and overtake, their US counterparts on anti-money laundering regulation and enforcement. European countries should create national institutions – and an international coalition of Western states – that are dedicated to countering kleptocrats.
Topic:
Foreign Policy, Corruption, European Union, Rule of Law, Financial Crimes, and Impunity
Political Geography:
Europe

71. EU MONITOR: The new Slovak government: An exemplary to the rest of the V4 amidst global crises?

Author:
Miroslava Pěčková
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Europeum Institute for European Policy
Abstract:
The results of Slovak presidential and European elections in 2019 indicated a political change in Slovakia, distancing itself from a twelve year-long dominance of ruling party SMER, which got embroiled in many corruption scandals throughout its reign. Firstly, the presidential elections in March 2019 appointed Zuzana Čaputová to President, defeating SMER´s candidate Maroš Šefčovič. She took hold of the office as an explicit advocate for multilateralism, anticorruption and a more liberal direction for the country, stating that her “main focus is to bring about change in Slovakia, and for Slovakia to be a reliable and predictable partner of the European Union”, while having an “inspirational effect” to other European countries in this regard1. Secondly, two months later, the coalition PS-SPOLU (whose former vice-president is Čaputová) noticeably won the elections to the European Parliament, with its programme promising a “real European Slovakia” and an intention to actively participate in the EU´s development and unity2. The coalition´s success marked another election lost by SMER in a row and subsequently offered the possibility of further political upheaval in the upcoming elections. The composition of the new government coalition arising from the 2020 Slovak parliamentary elections confirmed the change of political leadership in the country, thus bringing a potential for change as it consists of the parties of previous opposition and defined itself against its predecessor. This paper will analyse the new government´s programme and policies specifically pertaining to rule of law and green transformation vis-à-vis their feasibility in the context of contemporary developments. The COVID-19 pandemic influenced the beginning of the rule of the new government and is going to affect the real shape of its original political plans and reforms due to significant impact on Slovak economy. Moreover, the paper will reflect if these developments are likely to be significant in the Visegrad 4 context.
Topic:
Politics, Elections, European Union, Rule of Law, and COVID-19
Political Geography:
Eurasia, Eastern Europe, Czech Republic, and Slovakia

72. COMMENTARIES: State of the European Union address 2020

Author:
Katerina Davidova, Vít Havelka, Jana Juzová, Christian Kvorning Lassen, Danielle Piatkiewicz, and Zuzana Stuchlíková
Publication Date:
09-2020
Content Type:
Commentary and Analysis
Institution:
Europeum Institute for European Policy
Abstract:
Experts from EUROPEUM Institute for European Policy comment on the State of the Union address (SOTEU) given by the President of the European Commission Ursula von der Leyen on 16 September 2020. Topics of the commentaries: Christian Kvorning Lassen: General Impressions – A Visionary Speech Challenged by Political Reality; Christian Kvorning Lassen: A Stronger European Health Union is Needed; Christian Kvorning Lassen: Migration – Ambitious rhetoric, dubious feasibility; Danielle Piatkiewicz: Multilateralism: Europe’s Call to Global Action – Taking the Lead; Kateřina Davidová: EU’s climate momentum not quashed by the pandemic as new target is presented; Jana Juzová: European Neighbourhoods – Vague Reassurances, Economy First; Zuzana Stuchlíková: Next Generation EU, Rule of Law and Conference on the Future of Europe; Vít Havelka: The EU and the UK fights over blame for Brexit fiasco
Topic:
Climate Change, Health, Migration, European Union, Multilateralism, and Rule of Law
Political Geography:
Europe

73. Sustainable Energy through Green bonds in India

Author:
Olaf Weber and 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, and Renewable Energy
Political Geography:
South Asia, Canada, India, and North America

74. How Embassy Pristina Helped Kosovo Manage the Foreign Terrorist Fighter Problem

Author:
Greg Delawie
Publication Date:
09-2020
Content Type:
Journal Article
Journal:
The Ambassadors 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, and Rule of Law
Political Geography:
Europe, Kosovo, and Balkans

75. The Rule of Law and its Social Reception as Determinants of Economic Development. A Comparative Analysis of Poland and Germany

Author:
Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, and Maria Krell
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
Topic:
Economic Growth, Rule of Law, Trade, and Economic Development
Political Geography:
Europe, Poland, and Germany

76. Protection through Policing: The Protective Role of UN Police in Peace Operations

Author:
Charles T. Hunt
Publication Date:
02-2020
Content Type:
Policy Brief
Institution:
International Peace Institute (IPI)
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, and Police
Political Geography:
Africa, Darfur, Mali, South Sudan, Central African Republic, and Congo

77. Democracy under siege: Advancing cooperation and common values in the Indo-Pacific

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, and Transition
Political Geography:
Japan, China, Taiwan, East Asia, Asia, Australia, Korea, and Indo-Pacific

78. Security Sector Capture in Serbia – An Early Study

Author:
Predrag Petrovic and Jelena Pejic Nikic
Publication Date:
02-2020
Content Type:
Commentary and Analysis
Institution:
Belgrade Centre for Security Policy (BCSP)
Abstract:
Report on state capture in Serbia is BCSP genuine and pioneering work aiming to document and deconstruct ongoing process of state capture in the security sector through presentation of mechanisms, actors and consequences of this process. For several years now, various international indexes have been measuring the stagnation and decline of democracy, the rule of law and fundamental freedoms in Serbia. Although the country is still formally in the process of European integration, the European Commission noticed back in 2018 that there are elements of state capture in the entire Western Balkans region. Due to the significance and ubiquity of this phenomenon in Serbia, the BCSP has embarked upon a pilot research project that aims to establish the main factors and conditions, as well as the mechanisms and actors, involved in state capture in the security sector. The capturing of the police, the security services and the defence sector in Serbia is analysed in this early study. Furthermore, it was necessary to situate the analysis in the country’s political context, and special chapters cover parliamentary oversight and control and the security sector financing. The research was conducted from May 2019 to April 2020 and is based on insights gleaned from both primary and secondary sources.
Topic:
Security, Regional Cooperation, Democracy, Rule of Law, and Regional Integration
Political Geography:
Europe and Serbia

79. The Impact of Disintegration Dynamics on EU Trade Policy: An Institutional Analysis

Author:
Konstantinos J. Hazakis
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Centre for Global Political Economy, University of Sussex
Abstract:
Safeguarding access to international markets requires an effective EU international trade policy. Equally important, preserving an open, rules-based world trading system presupposes strong EU capability as well as consensus of EU states on the scope and targets of EU international trade policy. The paper presents a policy oriented analytical framework of EU international trade policy taking into consideration the impact of disintegration dynamics and emerging trade protectionism. Initially, the analysis sets the problem while section two offers the major tenets of the politicization of EU international trade policy. Section three presents the key arguments of the institutional analysis on the issue while section four analyses the content of an alternative policy framework for understanding disintegration - EU trade policy interaction. Section five concludes and reaches useful policy implications. It is suggested that there is a need for more Europe on international trade meaning enhanced, effective and inclusive EU trade institutional action.
Topic:
International Trade and Finance, European Union, Global Markets, Rule of Law, and Trade Policy
Political Geography:
Europe

80. From Words to Deeds: Upholding the Rule of Law in the CEE Region

Author:
Camille Dobler
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
With ongoing discussions on rule of law conditionality, and with the European Commission first Annual Rule of Law Report due soon, the focus on the rule of law is back at the top of the EU political agenda this autumn. As eyes turn to the latest political developments and threats to core EU principles and values in Central and Eastern Europe (CEE), this policy brief suggests switching from a top-to-top perspective to a societal approach to uphold the rule of law. This would go beyond recommendations to cleanse the rule of law toolbox from inefficient political instruments, and strengthen legal ones. In addition to introducing conditionality, this brief advocates for more active support of local civil societies in exercising their democratic prerogatives over electoral and representative democracy.
Topic:
Civil Society, International Cooperation, International Law, European Union, and Rule of Law
Political Geography:
Europe

81. Towards a More Principled European China Policy?

Author:
Stephan Frühling
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Promoting political values (democracy, human rights and the rule of law) in China is a colossal undertaking, but the EU could be more effective than we think. To do so, it must act strategically, in unity, and in concert with like-minded partners. It must also strengthen its record of upholding political values and reform its procedures for foreign policy decision-making. On 30 June 2020, China adopted a National Security Law for the Hong Kong Special Administrative Region that not only undermines human rights and the rule of law that were promised to its citizens, but also violates international law. A few weeks before, when China’s intention became public, the European Union reacted cautiously, expressing concern but clarifying that the introduction of the law would not adversely affect its relations with China. The EU’s first reaction fell far short of statements released by the United States, the United Kingdom and Australia, among others. But the EU’s reaction grew more critical over time. The first EU institution to adopt a tougher approach was the European Parliament. Shortly after, the European Commission and – to a lesser extent – the European Council followed with statements by its presidents after the EU-China summit held on 22 June 2020. This episode could turn out to be exemplary for the role of political values in the European Union’s relations with China. China and Europe have fundamentally divergent political values, even though they often use the same terminology. For a long time, many Europeans believed that China’s definition of democracy, human rights and the rule of law –, the three constitutive values enshrined in the Treaty of the European Union – would ultimately converge with the European understanding. This has not turned out to be the case. China is growing more self-confident, not only defending but starting to spread its own definitions of the triad of political values. This comes at a time when the EU is realigning its China policy more generally. The new European Commission strives to be a “geopolitical” entity strategically engaging to achieve concrete results in its bilateral relations with China. The starting point of this shift is the 2019 “Strategic Outlook” developed by the European External Action Service, which defines China not only as a “partner”, but also a “competitor” and a “systemic rival”. On political values, China clearly is a “systemic rival”. The crucial question is whether “systemic rivalry” in the field of political values carries implications for other policy fields in which the EU and China are partners or competitors. A general consensus that the EU should adopt a more principled China policy and defend and promote its political values spells out very differently across EU institutions. By institutional design, the European Council is a pragmatic rather than principled institution. Compromise resulting from bargaining among member states with different interests shapes its approach. At the other end of the spectrum, the European Parliament serves a principled watchdog function, but has very limited competencies in foreign and security affairs. The European Commission strives to overcome the decades-old challenge of policy silos resulting from its fragmented institutional structure and the more than 60 sectoral dialogues with China. This carries the potential to turn more principled. However, to this day it is not clear whether the European Commission will make the promotion of political values a policy priority even if this comes at the cost of economic cooperation. This paper outlines ongoing debates on the EU’s new China policy and the role of political values in it, and provides 25 concrete policy recommendations for a more principled China policy that defends and promotes democracy, human rights and the rule of law.
Topic:
Foreign Policy, Human Rights, Democracy, and Rule of Law
Political Geography:
China, Europe, and Asia

82. The Rule of Law in the EU Budget: Backing Down Is Too High a Price for the EU to Pay

Author:
Milan Nič, Roderick Parkes, Siawomir Sierakowski, and Shahin Vallée
Publication Date:
11-2020
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Hungary and Poland are threatening to veto the EU’s new budgetary arrangements if other governments apply the rule of law mechanism to them. It is becoming clear, however, that the new EU financial framework, and the much-heralded recovery fund, are more vital to Eastern Europe than to Europe’s South and that time is not on the side of the former. Awareness of this fact allows for a cool assessment of the pair’s bargaining positions – and of the precedent that any hasty resolution to the crisis will set.
Topic:
Government, Budget, European Union, and Rule of Law
Political Geography:
Europe and Eastern Europe

83. Gendarmeries and constabulary-type police: Roles and responsibilities of police with mixed military and civilian characteristics

Author:
Ronja Harder and 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, and Rule of Law
Political Geography:
Geneva and Global Focus

84. Systems Thinking for Peacebuilding and Rule of Law (French) (Penseé Systémique Pour la Consolidation de la Paix et L’état de Droit en Soutien de Réformes Complexes dans des Environnements Touchés par les Conflits)

Author:
Philippe Leroux-Martin and 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, and Peace
Political Geography:
Global Focus

85. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine

86. Poisoned heritage for the new Commission: The rule of law question

Author:
György Fóris
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The rule of law issue is not going anywhere anytime soon. The Polish and Hungarian governments will likely remain in power for years. Czech, Croat and some Romanian leaders seem impressed and ready to follow the paths Kaczyński and Orbán have paved. And Italy might not have seen the last of Matteo Salvini. Member states that increasingly question, ignore, or even attack previously agreed-upon policies, political priorities or common principles are becoming a regular occurrence within the Union, one that the new Commission will have to deal with. In this Discussion Paper, György Fóris finds that in an increasingly politicised Union, the design of the current rule of law mechanism is lacking. He argues it cannot function effectively on legal grounds alone as long as the existing Treaty foundations remain ambiguous and the final decision is taken at the political level, where it is the Council and not the Commission that is the decisive player. So the von der Leyen Commission will face a difficult choice: either try to live with all of the formal members of the Union, listening to and mediating between them, while continuing to defend the rules and values that were entrusted to it as the Guardian of the Treaty and thus preserve the EU’s unity. Or, take sides and lead an open political fight against those who seem to weaken the previously agreed interpretation of fundamental European rules and principles. Fóris, however, offers a third option: While not giving up on unity, likeminded and willing EU countries could intensify their level of cooperation, while formally retaining all parties within the framework of a larger (and looser) Community.
Topic:
Treaties and Agreements, European Union, and Rule of Law
Political Geography:
Europe, Poland, Romania, Hungary, Croatia, and Czech Republic

87. Good Governance of the Security Sector in Southeast Asia: What Role for Parliament?

Author:
Mario Joyo Aguja, Hans Born, Pou Sothirak, Paul Chambers, Iis Gindarsah, Rastam Mohd Isa, Nurul Izzati Kamrulbahri, Mohd Syahir Naufal Mahmud Fauzi, Yin Myo Thu, and Aries A. Arugay
Publication Date:
09-2019
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
The publication "€Good Governance of the Security Sector in Southeast Asia: What Role for Parliament?" is a compilation of contributions submitted at the 10th Anniversary Workshop of the Inter-Parliamentary Forum on Security Sector Governance in Southeast Asia (IPF-SSG) in Siem Reap on 15-16 September 2016. The publication consists of country case studies of Cambodia, Indonesia, Malaysia, Myanmar and the Philippines.
Topic:
Security, Governance, Law Enforcement, and Rule of Law
Political Geography:
Geneva, Indonesia, Malaysia, Asia, Philippines, Cambodia, Southeast Asia, and Myanmar

88. Freedom of Expression and Justiciability in Pakistan

Author:
H.S. Sharif and Jafar Riaz Kataria
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
Topic:
Human Rights, Governance, Culture, Freedom of Expression, and Rule of Law
Political Geography:
Pakistan, South Asia, and Punjab

89. The Power of Ideas That Won the Cold War is Still Needed

Author:
Christopher Datta
Publication Date:
11-2019
Content Type:
Journal Article
Institution:
American Diplomacy
Abstract:
To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
Topic:
Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, and Journalism
Political Geography:
Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, and Senegal

90. Egypt’s Consolidated Authoritarianism

Author:
Amr Hamzawy
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
The current Egyptian political scene reveals an important paradox: since its ascendancy to power in 2013, the military-led authoritarian government has not faced significant challenges from civil society despite systematic hu- man rights abuses and continuous societal crises. Apart from limited protests by labor activists, student movements, and members of syndicates, Egyptians have mostly refrained from protesting, instead hoping that the government will improve their living conditions despite a rising poverty rate of 33 percent, an inflation rate between 11 and 12 percent, and unemployment at eight percent. This popular reluctance to challenge the authoritarian government has continued to shape Egypt’s reality since the collapse of the short-lived democratization process from 2011–2013.
Topic:
Authoritarianism, Democracy, Rule of Law, Protests, and Dictatorship
Political Geography:
Africa, Middle East, North Africa, and Egypt

91. Toward The End Of The Global War On Drugs

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, and Rule of Law
Political Geography:
Global Focus

92. A Court Worth Having? Growing Pains at the International Criminal Court

Author:
Tod Lindberg
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The establishment of the International Criminal Court (ICC) in the Hague is a testament to liberal normative aspiration in international politics—the conviction that there should be a neutral juridical body, beyond the influence of the ebb and flow of political power among states, that is capable of holding the perpetrators of atrocities or aggression to account. Now, more than twenty years after the negotiation of the 1998 Rome Statute––the treaty establishing the court––and coming up on seventeen years since the ICC entered into force in 2002 with the ratification by sixty state-parties, one vexing question for proponents of international justice is that of how far beyond mere aspiration the court has managed to get.
Topic:
Politics, Rule of Law, Justice, and International Criminal Court (ICC)
Political Geography:
Yugoslavia, Rwanda, United States of America, and The Hague

93. Advancing the Rule of Law Through Executive Measures: The Case of MINUSCA

Author:
Edith Vanspranghe
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) has been mandated to implement “urgent temporary measures” in the form of arrests and detentions of individuals. This rather innovative mandate brings about several legal and conceptual consequences that the article addresses, focusing on the compatibility of these measures with UN peacekeeping norms and principles and with past UN practice. In addition, the measures are said to contribute to law and order, public safety, the fight against impunity, and to the rule of law. This sheds light on the UN’s interesting conception of the rule of law in the Central African Republic and in conflict and post-conflict settings in general.
Topic:
International Law, United Nations, Conflict, and Rule of Law
Political Geography:
Africa and Central African Republic

94. Poland’s 2019 election: Bright prospects for the populist Right

Author:
Marco Siddi and Barbara Gaweda
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
Poland’s incumbent party Law and Justice seems poised to win the election thanks to its welfare policies and the weakness of the opposition. However, its attacks on the independence of the judiciary and the media could further erode the rule of law and exacerbate disputes with the EU.
Topic:
Authoritarianism, Elections, European Union, Populism, Conservatism, and Rule of Law
Political Geography:
Europe and Poland

95. The Rule of Law: A Critical Building Block for Good Governance and Economic Growth

Author:
Conor M. Savoy
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
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, and Rule of Law
Political Geography:
Global Focus

96. Tyrannies of Majorities: A Conceptual Reassessment

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, and Rule of Law
Political Geography:
Global Focus

97. Better Protection of the Rule of Law – or of European Taxpayers’ Money

Author:
Tamás Lattmann
Publication Date:
11-2019
Content Type:
Policy Brief
Institution:
Institute of International Relations Prague
Abstract:
The rule of law holds great importance to the EU, as it also should to its member states and improving its protection has become a focus of new legislative efforts. Will this proposed regulation be useful and effective tool added to EU’s legislation or will it do the opposite and hurt the member state governments? The author focuses on already existing procedures and their deficiencies and compares them to the current proposal while also shedding light on the background of the new legislation. The reflection addresses some of the questions that may be raised related to EU law, member state sovereignty and its possible effects. The regulation still has a long way to go to become a law and in or order for that to happen it needs to be accepted by the Council. The author lists potential scenarios that could occur in the process of the law’s adoption and explains the legislative procedures.
Topic:
Rule of Law, Tax Systems, and European Parliament
Political Geography:
Europe

98. Ten years after EULEX: Key principles for future EU flagship initiatives on the rule of law

Author:
Naim Rashiti
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With its “credible enlargement perspective for and enhanced EU enlargement with the Western Balkans”, the EU plans to launch several new flagship initiatives for the six aspiring countries. The key initiative envisaged is “to strengthen rule of law” through more detailed assessment of the rule of law and reform implementation by including case-based peer reviews, trial monitoring of serious corruption cases and organised crime, developing indicators for reform implementation and deploying advisory missions. The EU has begun some planning but detailed action plans are yet to come. New programmes and initiatives should be new in content and form. In the case of Kosovo, things are more complex; the clarity of the new plan and drawing the line between the past and future is key for any success of the upcoming initiatives. With EULEX still on the ground, after 10 years of deployment, plagued by low trust and an image of failure, the rule of law has little improved in Kosovo. The EU should carefully consider the conditions upon which new initiatives are established. Equally, local authorities need to be fully in the driving seat. Reluctant to do so until now, the government has recently initiated a Functional Review of the Rule of Law Sector and Justice 2020. Their agendas have not progressed much in the absence of political will, and undefined roles and agendas remain between the local authorities and EU. Any new initiatives should be launched based on certain principles that ensure they have full local ownership, are driven by local demand, are based on in-depth evaluation and verification, build upon broad consultations and inclusion, have a clearly defined role and scope, have realistic expectations and contribute to streamlining the reform agendas.
Topic:
Reform, European Union, Rule of Law, and Regional Politics
Political Geography:
Europe

99. 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

100. Kenyan Democracy and the Rule of Law

Author:
John Mukum Mbaku
Publication Date:
03-2018
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
Certain characteristics and values have the power to make or break a democracy. The supremacy of law, for instance, is the foundation on which democracy is built; it is the heart and soul of a free society and the basis for peaceful coexistence. This holds particularly true in Kenya. To manage the conflicting interests of diverse subcultures, all citizens, regardless of their political, economic, and ethnocultural affiliation, must be subject to the law. Thus, a governing process undergirded by the rule of law is critical for a future of peace and development in Kenya.
Topic:
Development, Government, Democracy, and Rule of Law
Political Geography:
Kenya and Africa