The evolution of rule of law in Cambodia

Cambodian leaders have confounded the efforts of the international community to promote rule of law. Over the past decade the Cambodian government has introduced a series of legal reforms and overseen an increase in the use of legal proceedings including defamation lawsuits against opposition politicians and members of civil society. These reforms and practices, as well as the role of the judiciary in relation to each, may be better understood through elite perceptions of the rule of law in Cambodia. Comprehending the rule of law as it is understood by the ruling elites offers better insight into the trajectory of legal development and the obstacles to Western ideals for legal reform. This article situates Cambodia within the context of illiberal democracy and examines how a thin rule of law has evolved, focusing on defamation law as a legal and political strategy of control. While the international community has pressed Cambodia to carry out liberal legal reforms for some time, the article will outline the obstacles facing reformers and the competing desires of Cambodian leaders embedded in the patronage based political order.     

The Guatemalan National Revolutionary unit: the long collapse

ABSTRACT

The Guatemalan National Revolutionary Unit (URNG) fought one of the longest and bloodiest civil wars in recent Latin American history. In 1996, the URNG and the Government of Guatemala signed a Firm and Lasting Agreement ending the country’s civil war and initiating the URNG’s post-war life as a political party. After finishing third in its initial electoral competition, the URNG has since been unable to capture more than 4% of the vote, on its own or in coalition, leaving it a minor political party. What explains the poor electoral performance of the URNG as a political party? Based upon fieldwork, elite interviews, and analysis of electoral data, I argue that the URNG’s minor party performance was caused by both organizational and institutional factors.     

Peace-building and business elites in Guatemala and El Salvador: explaining the discursive ‘institutional turn’

ABSTRACT

The local business elites of El Salvador were generally in favour of the peace agreement and supported its negotiation and implementation in 1992, while in Guatemala the private sector reluctantly supported the peace process and, after the peace agreements were signed in 1996, the private sector sought to obstruct parts of its implementation. In the aftermath of the peace accords, business elites united around an ideology espousing a minimal state and a focus on market solutions to social problems. Although welcoming the security-related measures in the peace accords, business elites have often obstructed transformations towards more inclusive and democratic societies. However, in recent years there has been a change in discourse among influential business associations towards recognition of the need for strong state institutions and the need for institutionalised mechanisms for dialogue to find solutions to social problems. In this article, we seek to shed light on the significance of this discursive turn for continued peace-building.     

The United Nations' Response to 9/11

ABSTRACT

The United Nations has been at the forefront of the global campaign against terrorism after the events of September 11, 2001, giving the campaign legitimacy and universality. The Security Council acted with remarkable speed with its Resolution 1373 and set up the Counter Terrorism Committee with extensive powers. Its UK Chairman provided able leadership but reservations over human rights issues, lack of funding for assistance, and the danger of duplicating the work of other UN bodies with specific mandates have been revealed as deficiencies. The General assembly condemned the events of 9/11 and held debates on the subject later. The Secretariat's views were expressed by several eloquent statements of the Secretary-General and in a policy working group report that advocated a tripartite strategy of “discussion–denial–cooperation” and made 31 recommendations. Counter terrorism is only one tool in tackling terrorism. Human rights concerns must be addressed. A separate, functional commission under the Economic and Social Council is recommended to provide the international community with a universal forum for a focused discussion on terrorism.     

Ethnic Conflict and the New Legalism in China

In October 2014, the Chinese Communist Party committed to the establishment of a “socialist rule of law with Chinese characteristics.” Since then a group of Chinese political elites that we refer to as new legalists has been calling for ethnic conflict to be managed in accordance with the rule of law. This article finds that the deeply embedded and highly politicized problem of ethnic conflict in China lends credence to the legalist position that new law-based approaches are needed, although a number of practical problems arise when attempting to strengthen the rule of law. There are for instance powerful factions in the country supporting the continuation of repressive policies or selective ethnic preferentialism, and there are relatively low levels of legal awareness in ethnic-minority communities and general inadequacies in the Chinese legal system. We argue that an elite group of new legalists in China is attempting to reshape ethnic-minority policy in order to break free from the everyday protean politics of ethnic relations that is based largely on a negative cycle of violent confrontation and financial compensation.     

Domestic elites and external actors in post-conflict democratisation: mapping interactions and their impact

Abstract

Following the end of the Cold War, post-conflict democratisation has rarely occurred without a significant international involvement. This contribution argues that an explanation of the outcomes of post-conflict democratisation requires more than an examination of external actors, their mission mandates or their capabilities and deficiencies. In addition, there is a need to study domestic elites, their preferences and motivations, as well as their perceptions of and their reactions to external interference. Moreover, the patterns of external–internal interactions may explain the trajectory of state-building and democracy promotion efforts. These issues deserve more attention from both scholars and practitioners in the fields of peace- and state-building, democracy promotion, regime transition and elite research. Analyses of external actors and domestic elites in post-conflict democratisation should therefore address three principal issues: (1) the identification of relevant domestic elites in externally induced or monitored state-building and democratisation processes, (2) the dynamics of external–domestic interactions and (3) the impact of these interactions on the outcomes of post-conflict democratisation.     

Terrorism,Human Rights and Law Enforcement in Spain

ABSTRACT

Terrorism systematically violates human rights and disrupts basic political processes common to liberal democracies. Combating terrorism is thus necessary in order to protect these fundamental rights and maintain the well functioning of tolerant polities. However, state initiatives put in place to cope with terrorism may also damage human rights, even when these measures are formulated by elected accountable authorities and implemented in the context of open societies. Spain has precisely been among those European countries most affected by the wave of terrorism initiated more than three decades ago across western industrial societies, and thus where violations of fundamental rights as well as obstacles to the exercise of civil liberties as a consequence of such violence became particularly severe. Also, a case where effective rule of law was temporarily damaged in the fight against the ethnonationalist terrorism perpetrated by ETA (an acronym for Euskadi ta Askatasuna, meaning Basque Homeland and Freedom) but successfully restored by efforts from both state institutions, as a result of an effective division of power, and civil society. It is therefore an experience providing substantive knowledge and valuable insights on how to counter terrorism in accordance with the principles and procedures of democracy. Accordingly, this paper aims at a better understanding on the interrelated issues of terrorism, human rights and law enforcement in a context of political change.     

Politics,exit strategy and political settlement in Sierra Leone: a critical analysis of a laboratory experiment (1991–2015)

Abstract

A glance at key indicators—in terms of growth forecast and stable elections—will project Sierra Leone as a political settlement model for a post-conflict state. Sierra Leone has been an important laboratory for UN and international donors’ interventions and thinking. However, efforts by the international donor community to decentralise power to the margins, both geographically and demographically, have failed. Instead, this focus on the institutions of governance has allowed the same elite to maintain power. Sierra Leone today shares similar socio-economic and political conditions with the Sierra Leone before the outbreak of the civil war. A detailed analysis of the country’s socio-economic trends, its political institutions and the logic and dynamics of violence show a disturbing picture. While the international community considered that an exit strategy was feasible, the political settlement remains an experiment in that it is detached from everyday life and livelihood concerns of Sierra Leoneans and reveals the structural violence behind this process.     

Iran's perception of Western Europe: A study in national and foreign policy articulation

Acts of public communication cannot be isolated from other features of a political process. In fact, a study of public policy articulation can provide a valuable framework of national perceptions, demands and expectations through which a nation's evolving position in the international system may be analyzed. Iran offers a valuable opportunity in this regard because its policy articulation occurs through a limited number of communication channels‐one of which is the newspaper Kayhan. Kayhan has been chosen because of its clear capacity to reflect accurately the perceptions of Iran's political elite in regard to general national development and foreign policy objectives. This paper will concentrate on two reference periods‐one pre‐1973 and one post‐to analyze in terms of selected variables, Iran's evolving elite perceptions of its traditional relationship to Western Europe. Editorials and policy statements have been keyed to selected variables representing various channels of Iran's perceptions and then analyzed to chart shifting policy priorities among Iranian elites. The results indicate a radically altered self‐perception of both national development objectives and Iran's self‐perceived role in global power relationships.     

Violence and the breakdown of the political settlement: an uncertain future for Bangladesh?

Abstract

We explore the dynamics of the elite political settlement in Bangladesh after the democratic transition in 1991 and its impact on the elite interactions in the arena of competitive electoral democracy. We trace the history of how a political settlement around regime succession developed in the mid-1990s, and then experienced difficulties in multiple stages, and finally broke down in 2011. Violence was instrumentally used, by the ruling elites and the main opposition party, to influence the processes of negotiations around the succession of power. We argue that ‘partyarchy’—where political parties exert informal control of the party through formal processes and institutions—and dynastic rule prevent the political elites from reaching a stable settlement around regime succession. We also show how the changes to the rules of the game around regime succession have led to a qualitative shift in the extent and nature of violence in the political domain, and explore why democratic consolidation remains elusive.     

Revisiting elites,transitions and founding elections: An unexpected caller from Indonesia

This article assesses the usefulness of the literature on democratic transitions for analysing recent regime change in Indonesia. A first stage in this literature emphasized the autonomy of elite relations (whether unified or disunified) and the roles adopted by elites (for example, soft‐liners, minimalists and swingmen). A second stage contextualized elite behaviours, addressing such variables as economic crisis and the intrinsic properties of different modes of transition. However, some limitations in this conceptualization are revealed by attempts to apply it in the Indonesian case. Specifically, elite relations are difficult to classify empirically and role choices remain highly ambiguous. Further, the notion that economic crisis compels elites to democratize, and second, the argument that transition by opposition‐led ‘replacement’ leads to far‐reaching changes and authoritarian backlash, are unsupported by Indonesian data. Two principal conclusions are reached: Indonesian democracy has good prospects for consolidating, and the literature on transitions has limited capacity to explain this benign outcome.     

The Responsibility to Protect at Ten: Glass Half Empty or Half Full?

Abstract

Far from having faded away, ten years after its formal adoption, the responsibility to protect (R2P), is arguably more relevant than ever. In the current overall context of protection crises, heightened in severity by the emergence of violent extremists, R2P has changed the way in which the international community characterises situations that involve protection failures, and has raised expectations about what should occur when atrocity crimes have been committed or are imminent. UN member states now agree that prevention is at the core of R2P, that international action should employ the full range of diplomatic, political and humanitarian measures, and that military force should only be considered as a measure of last resort. While there is continued contestation about particular aspects of R2P – as there is over much older normative advancements, such as human rights – R2P has helped to forge political consensus and build new institutional capacity to prevent and respond to atrocity crimes.     

An analysis of news sources used in reports on slavery in the Sudan in the New York Times and Washington Post between 1986 and 2001

Abstract

For over 25 years the Sudan and the United States have had a contentious relationship. In 1986 several international human rights organisations pointed to the re-emergence of the practice of slavery in the Sudan. Past research by American media has shown that journalists tend to use routine channels and American government officials, especially those from the ‘golden triangle’ (the White House, Pentagon and State Department) when covering stories related to foreign countries. However, in the case of the Sudan there was no clear American foreign policy for an extended period of time. Consequently, there was a stark absence of reporting on the slavery issue in the two elite American newspapers (the New York Times and the Washington Post) examined in this study. Furthermore, even when the topic was covered the sources used defined the issue through an American perspective, rather than within an historical and geopolitical context.     

Ethnic Elites and Rituals of Provocation: Politicians,Pastors, and Paramilitaries in Northern Ireland

ABSTRACT

Prominent theories of ethnic conflict argue that instrumental ethnic elites incite violence in order to promote their own power. Yet this approach focuses primarily on political leaders and ignores other ethnic elites, meaning that we know little about how other influential actors think about provocation. In this paper, I present novel data from Northern Ireland on diverse elite attitudes toward polarising Protestant parades with a long history of sparking ethnic violence. Using original surveys of Protestant elected officials and clergy as well as interviews with ex-paramilitaries, this paper demonstrates that these elite groups have different, often competing, interests and opinions regarding contested parades: while politicians tend to support provocative parades, the others do not. By addressing elite actors that are often ignored, I present a more nuanced picture of elite-mass relations and ethnic mobilisation in conflict.     

Responsibility to Protect in the Age of Global Terror: A Methodological Reassessment

Abstract

Ten years after its formal adoption, the R2P doctrine remains an incomplete project in a world of continuing conflicts now aggravated by the existential threat of global terrorism. The debate on the permissibility of military action to stop mass atrocities when authorisation to use force is not forthcoming from the Security Council has produced only a plurality of conflicting theories but hardly any progress at the normative level. A two-pronged approach could be used to consolidate R2P as a doctrine fully integrated into the corpus of international law. The first prong requires the revamping of the largely neglected Article 48 of the ILC Draft on State Responsibility; the second involves using R2P as a platform to initiate a reform of customary international law to make it more consistent with elementary principles of justice and universal human rights.     

Derogating from International Human Rights Obligations in the ‘War Against Terrorism'? — A British–Australian Perspective

ABSTRACT

This article examines the United Kingdom's Anti-terrorism, Crime and Security Act 2001 and the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2002 (Cth) from an international human rights law perspective. It argues that both pieces of legislation raise serious concerns in relation to international legal obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Both international treaties allow for ‘derogation’ from certain provisions in times of ‘public emergency’. While the United Kingdom has officially derogated from some of its treaty obligations, Australia has yet to submit a similar notification. This article argues, however, that the United Kingdom's derogation is unlawful. Likewise, current circumstances in Australia would not permit lawful derogation from the ICCPR.     

Perceived human rights and support for new democracies: lessons from Mexico

Political elites in emerging democracies are likely to promise improvements on human rights. From an empirical perspective, however, emerging democracies tend to perform rather poorly in this domain. Given this tension between elite rhetoric and performance, it is important to examine the extent to which citizens in emerging democracies evaluate democracy and new democratic leaders' performance on the bases of their perceptions of respect for human rights. This topic remains largely unexplored and conventional wisdom suggests that economic satisfaction, not human rights concerns, drives individuals' support for democracy. We aim to fill this gap in the literature by investigating the extent to which specific and diffuse political support is related to individuals' perceptions of respect for human rights in the context of an emerging democracy. Taking advantage of two representative survey data sets from Mexico from 2003 and 2010, our empirical findings suggest that citizens are more likely to support their president, their government and democratization when they believe that human rights are respected. By examining the relationship between democracy and human rights protections at the individual level, our research is a pioneering effort to better explain the interaction between the prospects of democratic consolidation and perceptions of human rights.     

Terrorism,Conflicts and the Responsibility to Protect Cultural Heritage

Abstract

Intentional destruction of cultural heritage is a well-known phenomenon which has been particularly exacerbated in recent times. Its common denominator is represented by the intent to persecute the communities for which that heritage represents an essential element of their cultural identity and distinctiveness. In legal terms, it produces different implications, to the point that – depending on the circumstances in which it is perpetrated – it may be qualified as a war crime, crime against humanity, violation of internationally recognised human rights, or evidence of the existence of the intent to commit genocide. Since the whole international community is seriously affected by the destruction of cultural heritage, it is indispensable that the doctrine of responsibility to protect (R2P) be put into practice seriously and effectively with the purpose of protecting humanity against the irreplaceable loss of its heritage.     

Remittances and varieties of democratization in developing countries

ABSTRACT

How do remittances affect democratization in developing countries? In this paper we reconcile divergent findings in the literature by examining the effect of remittances on procedural and liberal democracy in developing countries at various stages of their democratic development. Remittances are primarily sent to middle-class individuals and bypass government control. Yet, governments in countries receiving remittances want to tax this remittance income. Government officials therefore need to incentivize participation of the middle class in the formal economy by reducing the threat of expropriation. Improving procedural democracy, which assures citizens of improved property and rule of law protections, is one way to accomplish this. We argue that this relationship should only be present in mixed regime types, with the democratizing effect of remittances waning as the country’s level of democracy or autocracy strengthens. Further, we expect elements of liberal democracy, such as civil rights and equality under the law, to remain unchanged in all remittance-receiving countries. The middle class and governing elite are less incentivized to improve liberal democracy to limit the power and mobilization capacity of the poor and prevent increased redistribution. We test our theory on a dataset of developing countries from 1975 through 2011.     

The Middle East’s Troubled Relationship with the Liberal International Order

Abstract

The Middle East has had a complex relationship with the so-called liberal international order. Many peoples and elites of the region welcomed the promise, and promises, of the liberal order after the collapse of the Ottoman Empire, and sought to integrate into it; for other peoples and elites, there have been negative reactions and resistance to it. Today, a majority of countries are integrated, at least nominally, into the global order, while some are decidedly still in systemic challenge with it. The Middle East has also had difficulty in cohering as a region; the condition today is one of collapsed regional order and proxy conflict.