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71. 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

72. 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

73. 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

74. 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

75. 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

76. 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

77. 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

78. 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

79. 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

80. 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