Democratic Development,Judicial Reform and the Serbian Question in Croatia

In anticipation of Croatia’s accession to the European Union, this article assesses the way in which the state has come to terms with the Serbian question and the practice of non-discrimination in the justice sector. The first part offers an historical review of the Serbian question in Croatia and the main laws that discriminated against non-Croats during the war and rule of President Franjo Tudjman (1991–1999). The second part evaluates the nature of judicial reform in light of the external demands placed on Croatia to improve relations with the Serbian minority and recent rulings from the European Court of Human Rights, which have questioned the capacity of the Croatian judiciary to provide an effective remedy in cases of human rights violations.

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Hans Jonas: A Study in Biology and Ethics

Hans Jonas was a philosopher who looked nihilism in the eye and courageously stood his ground. He did so by volunteering to serve against the Nazis in World War II, by discovering the links to nihilism in his thought of his teacher Martin Heidegger and by developing a novel philosophy of nature that took its lessons from both Aristotle and Darwin. Jonas’s philosophy of organic nature – his rehabilitation of the soul as a relevant notion for biology – provided prescient insights for the still developing fields of bioethics and environmental ethics.

Serbia’s Sandžak Under Milošević: Identity, Nationalism and Survival

Sandžak has the largest Muslim Slav (Bosniak) community in the Balkans outside Bosnia–Herzegovina. In 1990, Sandžak Bosniaks organized a branch of the Party of Democratic Action (Alija Izetbegović’s party) and began to agitate for regional autonomy. During the 1990s under Slobodan Milošević’s regime, local Bosniaks became the victims of state terror that saw widespread official discrimination and the ethnic cleansing of entire villages. In spite of having a high birth rate, the Bosniak population of Sandžak declined by 7.88% in the years 1991–2002 entirely because of the Milošević regime’s policies. Since the overthrow of Milošević, however, the Belgrade government has begun investing in the region’s infrastructure and economy. As a result, the situation for Bosniaks of Sandžak has improved since 2001. This article relies on more than 500 hours of oral interviews conducted by the author throughout Sandžak.

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Lessons of Russian in Afghanistan

The experience of Soviet involvement in Afghanistan (1979–1989) is considered through the prism of institutional transfers. Afghanistan has a long history of attempts to implement Muslim, Soviet and Anglo-Saxon institutional designs. Most of them have failed. This failure can be attributed to the lack of ‘elective affinity’ between traditional and new institutions imported from more developed countries. It is argued that a careful examination of the degree of elective affinity must precede any attempt of institutional transfers. An analysis of Ph.D. dissertations defended by Afghan students at Soviet and Russian universities complements logical arguments and references to historical facts.

The Ohrid Agreement: The Travails of Inter-ethnic Relations in Macedonia

This article provides an overview of some of the key changes brought about by the groundbreaking Framework Agreement (known as the Ohrid Agreement) in Macedonia since its signing in 2001. A power-sharing arrangement, it saved Macedonia from the brink of civil war. This article describes how the Ohrid Agreement restored peace by addressing the constitutional status of minorities, their equitable representation in the public sector and issues connected with higher education in the 2002–2006 period. It further assesses the merits of decentralization as a remedy for safeguarding a unitary state in a multi-ethnic environment. It consequently argues that the Ohrid Agreement and the ensuing reforms have been important steps in the right direction revitalizing Macedonia by empowering not only the sizeable Albanian population but other less numerous communities as well. However, daunting challenges remain ahead. The perception and language gap between the two main ethnic communities hinder efforts for a truly functioning multi-ethnic state. Moreover, the new government formed after the July 2006 general elections has stirred controversy and caused tensions affecting its Euro-Atlantic perspective. To what extent this will affect Macedonia’s multi-ethnic democracy remains to be seen.

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Pedagogues,Periodicals, and Paranoia

Over the past year, several published volumes have argued that American politics is careening out of control, toward a slippery slope of twenty-first century theocracy. Most of these books present tendentious interpretations of contemporary politics as matter-of-fact analysis. The reader is assumed to hold the same interpretive bias and warned of the dangers of a new and powerful American “fundamentalism.” The current article explores a historical parallel to today’s trend. Nearly a century ago, the Progressive Education movement sought to undermine the pedagogical dominance of traditional, literature-based education, preferring a more socially-conscious curriculum. The striking similarities between John Dewey’s anti-traditional approach and the present-day anti-theocracy faction are multitude—and worth our consideration. The seeds of Progressive Education are now producing weeds of anti-religious sentiment across America’s political landscape—a cultural phenomena that is constricting the growth of a much needed civil discourse.

Human Rights in Kosovo

The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti Ahtisaari in February 2007.

Symposium: Part I: Public Intellectuals Then and Now

The French political thinker Raymond Aron (1905–1983) provides the imitable model of the political philosopher as civic educator. Writing in an age of extreme ideological polarization, he aimed at a truly balanced approach to historical and political understanding. In a series of writings from the late 1930’s onward, Aron defended a principled middle way between Machiavellian cynicism and the “abstract moralism” so evident in the public engagement of modern intellectuals. Aron argued for the renewal of liberalism on the foundation of a broad-based “democratic conservatism” and displayed remarkable lucidity regarding the totalitarian temptation. This paper explores this distinctive notion of “democratic conservatism”—equally distant from revolutionary romanticism and reactionary nostalgia—that guided Aron’s public engagement over a fifty-year period and that was central to his idea of the political responsibility of intellectuals.

Reconsidering the Effects of Bonding Social Capital: A Closer Look at Black Civil Society Institutions in America

Few studies consider how Putnam’s bridging and bonding social capital arguments apply to voluntary associations within American minority group communities. Consequently, I examine African-American civic groups to explore Putnam’s claims about the potential negative political effects of bonding social capital. In contrast to the bonding social capital thesis, I argue that black communal associations encourage African-Americans to be involved in a variety of mainstream civic and political activities that reach beyond their own group interests. Using the 1993–1994 National Black Politics Study I demonstrate that although black organizations are predominantly composed of African-Americans and work to advance their interests, these goals are not pursued at the expense of connecting blacks to others in the general polity.

Pluralism and Multiculturalism

I agree with Roger Sandall’s opposition to the ‘culture cult’ in broad outline, but wish to register three reservations. First, he is too sweeping in apparently attacking the whole of ‘multiculturalism’, and unfair in condemning claims on the basis of the motives allegedly behind them. Second, his relativist interpretation of Berlin and Herder needs qualification, since their work also contains the idea of value pluralism, which should be distinguished from relativism. Third, the political implications of pluralism support a commitment to liberal universalism and liberal multiculturalism, which may not be far removed from Sandall’s own position.

Tourism,Development, and Media

Tourism has long figured in municipal and state-wide plans for economic development and revitalization. Such plans often articulate themes subsequently used to organize tours, advertising campaigns, and merchandising. In the 1990s, some residents of Roswell, New Mexico, tried to build tourism using typical southwestern themes. Others capitalized on Roswell’s unique association with an alleged crash of an extraterrestrial craft. Early support from the New Mexico Tourism Department (NMTD) facilitated the success of Roswell’s UFO-based tourism. In 2007, NMTD launched its own alien-based advertising campaign promoting New Mexico as a tourist destination.

From Dictatorship to Democracy: Four Chilean Women’s Memories

A law school dean, a university president, a scholarly judge, and the head of the Foreign Ministry division in charge of Chile’s frontiers agree: The Constitution of 1980 was the initial turning point in Chile’s transition from autocracy to pluralism.

Immigration Benefits America

David Stoll suggests that because contemporary immigrants are non-European, uneducated, poor, and uninterested in joining the moral community of American society, their presence threatens national unity, obscures citizens’ obligations to one another and will shortly change the US into a minority–majority society. Drawing from historical accounts and statistical evidence, this article asserts that immigrants provide American society with social, economic and demographic benefits. Moreover, while pundits have long predicted that immigrants with national origins distinct from those of natives will transform American life to its detriment, the record reveals the US has been able to incorporate diverse nationalities to the benefit of immigrants and the native-born alike.

Strategy of Chinese policy entrepreneurs in the third sector: challenges of “Technical Infeasibility”

Studies of policy entrepreneurs have become a staple of public policy research. Very few such studies deal with the circumstances of China. This paper aims to remedy this oversight by exploring the mechanisms of policy change in China. Using John Kingdon’s Multiple Streams (MS) Model, the author develops the “Technical Infeasibility Model.” The paper tests the MS model’s applicability to China by examining strategies put forth by Chinese policy entrepreneurs in the third sector. It considers how they may successfully promote change by using a strategy of proposing a relatively radical policy concept that is politically acceptable and technically infeasible to policy makers. To illustrate such a strategy, this paper considers a case of policy change involving Chinese urban vagrants. The policy on “Detention and Repatriation,” which was first implemented in 1982, was challenged following the Sun Zhigang Incident in March 2003. Shortly thereafter law scholars filed two suggestion letters to the National People’s Congress Standing Committee calling for a constitutionality review of the Detention and Repatriation System. Though it was “technically infeasible” to air such a proposal in China at that time, the State Council initiated action to abolish certain provisions of the Detention and Repatriation System. However, the National People’s Congress Standing Committee did not conduct a constitutionality review.

Islamists in the “Rainbow” Coalition

In the 1980s, Britain’s Labour Party promoted a system of race-relations that envisioned Britain as a collection of discrete cultures with equal status. This multicultural model for organizing society conflicted with traditional British notions of a unified national culture, with an assimilationist model of immigrant incorporation. Today, the Labour Party’s relationship with Islamists is sharply dividing Labour’s “rainbow” constituency. Whereas the horrific events of 9/11 and 7/7 have led many Labour leaders to replace its defense of multiculturalism with Tory-sounding calls for immigrant assimilation, other Labour leaders are working harder than ever to accommodate their Muslim constituents.

The Abolition of the Death Penalty in Rwanda

This paper argues that Rwanda’s decision to abolish the death penalty should be viewed in a wider context rather than as a mere result of top–down pressure from the International Criminal Tribunal for Rwanda (ICTR). Part I traces the creation of the ICTR and the breakdown of negotiations as a result of the exclusion of the death penalty from the ICTR’s jurisdiction. It then outlines Rwanda’s efforts to prosecute the hundreds of thousands of individuals accused of committing genocide-related crimes and notes the limited and steadily decreasing role the death penalty actually played within Rwanda. Part II discusses Rwanda’s legislation abolishing the death penalty and argues that both international pressure and local historical and political forces influenced the decision. Part III situates Rwanda’s story within a growing paradox of excluding the death penalty from international criminal tribunals for the most serious crimes while national jurisdictions maintain it. It concludes that as in Rwanda, any perceived or potential impact of international criminal law in national jurisdictions must be measured in light of local circumstances.

The Capture Theory of Regulations—Revisited

Amidst the rekindled interest in regulating the market that has emerged since the 2008 financial crisis, most attention has been paid to the debate between those who call for more regulation of the private sector in order to protect the public good, and those who claim that such regulations would do further damage to the economy by unduly constraining business. This essay seeks to refocus the debate about regulation by examining an alternative criticism––the theory of regulatory capture––which argues that regulations are routinely and predictably 'captured' and manipulated to serve the interests of those who are supposed to be subject to them, or the bureaucrats and legislators who write or control them. Ample evidence suggests that regulatory capture is indeed widespread and takes a variety of forms, which are reviewed here. Rather than debating whether more or less regulations are needed, the paper suggests that what is needed is a way to make regulations stronger––more capture-proof. It closes with a major policy change that would help accomplish this goal.

The Age of Geoeconomics, China’s Global Role, and Prospects of Cross-Strait Integration

After noting the rise of geoeconomics in the post-Cold War era, the paper ascertains how the age of geoeconomics re-defines power and the rules of the balance of power game. Of particular significance is that a nation’s economic security eclipses its military security (or traditional national defense). In this context, I examine the meanings of the rise of a re-ascendant China for world politics in general and for Taiwan’s future in particular. Considering Taiwan’s heavy dependence on imported natural resources and its isolation and exclusion from vital international economic groupings, such as FTA’s. ASEAN, ASEM, and the 16-nation Asian super economic bloc in the marking. Finally, I take a prospective look at the prospect of a future cross-Strait integration between Taiwan and mainland China under the impact of the dictate of geoeconomics.

Returning to a Sane Foreign Policy

The next president of the USA will surely correct some of the Bush administration’s most egregious policy errors, particularly its gross insensitivity to the rest of the world’s opinions and its extreme bellicosity. To restore trust in American, and to strengthen national security, better diplomacy will be necessary. Strengthening a demoralized and nearly dysfunctional State Department by acknowledging the vital role foreign area experts must play will have to be a major part of the new administration’s policy.

That Enlightenment Question Again

Sandall’s complaint that the Enlightenment is in danger is not new as it repeats a long standing complaint about “the betrayal of the intellectuals”. But the danger today is not from either the Muslim world or from the marginalized academics who pursue an anti-liberal multicultural agenda that belittles the Western liberal tradition. In the United States the menace comes from the much more powerful far right that has abandoned America’s Enlightenment tradition. It is time for academics to start teaching students what that tradition is all about, and why it needs to be defended, but spreading fear about weak and divided Muslim societies is not the way.