Is the Sun Setting on Cosmopolitan Justice?

Reports on the UN criminal tribunals and the related hybrid courts raise grave concerns about their sustainability in terms of costs and their legal standards in respect of evidence. The effectiveness of the current courts is compared to the domestic prosecution of offenders from the Auschwitz concentration camp. Although the Auschwitz court failed to capture the enormity of the crime of genocide, there are nonetheless good reasons to re-visit the use of domestic courts and other remedies for such crimes today, particularly after adoption of the genocide law by nation states. Ideals of cosmopolitan justice behind the UN courts are being exported to societies that are ill-equipped to apply or afford them; and domestic legal development suffers as a consequence.     

Can Amnesties and International Justice be Reconciled?

When states are attempting to recover from periods of serioushuman rights abuse, they often must try to reconcile the competingdemands of different stakeholders. These demands may range fromclaims that complete impunity is a necessary sacrifice to achievepeace, to the belief that without justice no meaningful peacecan be reached. This paper will attempt to highlight the waysin which international courts and quasi-judicial bodies addressthe dilemma of peace versus justice, in relation to amnestylaws. The discussion will consider the main international standardson impunity, the international jurisprudence relating to amnestiesand whether international courts should recognize amnestiesthat are accompanied by alternative forms of justice. This paperwill argue that international courts should recognize amnestiesthat are introduced with democratic approval to promote peaceand reconciliation, provided that they are accompanied by mechanismsto fulfil the victims' rights.     

Transitional Justice and ‘National Ownership’: An Assessment of the Institutional Development of the War Crimes Chamber of Bosnia and Herzegovina

In anticipation of its closure in 2014, the International Criminal Tribunal for the former Yugoslavia has begun to set out proposals for preserving and promoting its legacy of prosecuting persons responsible for violations of humanitarian law during the conflicts of the 1990s. A key aspect of this legacy has been to support the ‘national ownership’ of the justice systems in the former Yugoslavia that will continue to try war crimes cases in the years to come. This study explores the institutional development of the War Crimes Chamber of the Court of Bosnia and Herzegovina (WCC) to national ownership. In particular, it considers three critical aspects of the WCC's functioning that highlight the challenges that it faces as a mechanism of transitional justice in Bosnia and Herzegovina (BiH). These are the composition of prosecutors and judges, prosecutorial practices and outreach and communication activities. The article shows that the continued difficulties with these areas of legal practice figure as significant obstacles to the WCC's transition to full national ownership by both the legal professionals and local populace of BiH.     

Victims’ Rights and Distributive Justice: In Search of Actors

The aim of this article is to discuss the role that victim groups and organizations may have in framing and supporting an accountability agenda, as well as their potential for endorsing a distributive justice agenda. The article explores two empirical cases where victims' rights have been introduced and applied by victim organizations to promote accountability—Colombia and Peru. It will be argued that if transitional justice in general and victim reparations in particular are to embark in a quest for distributive justice, it cannot do so without considering victims as political actors, and putting forward demands in terms of victims’ rights.     

How Do Summer Youth Employment Programs Improve Criminal Justice Outcomes,and for Whom?

Cities across the U.S. have turned to summer youth employment programs (SYEPs) to improve the behavioral, economic, and academic outcomes of inner‐city youth. This paper evaluates the impact of the Boston Summer Youth Employment Program using both experimental and non‐experimental variation. Similar to previous studies of summer jobs programs in other cities, I make use of an embedded randomized controlled trial and find that the program reduces violent crime by 35 percent, as measured by the number of arraignments from administrative records during the 17 months after participation. In contrast to prior work, I also find a similar reduction in arraignments for property crimes (?29 percent). This study also provides exploratory evidence on the mechanisms driving these reductions in crime using self‐reported responses of participants from a pre‐/post‐program survey. The results provide suggestive evidence that the beneficial impacts on violent and property crime are largely driven by improved conflict resolution skills versus other factors that would increase the opportunity cost of crime. These findings give researchers some insights into the behavioral changes that occur during the program while also providing a look inside the “black box” as to how SYEPs affect youth outcomes in the long run.     

Gendered Justice Gaps in Bosnia–Herzegovina

A gendered reading of the liberal peacebuilding and transitional justice project in Bosnia–Herzegovina raises critical questions concerning the quality of the peace one hopes to achieve in transitional societies. By focusing on three-gendered justice gaps—the accountability, acknowledgement, and reparations gaps—this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian–Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical.     

Towards the Mainstream? UKIP and the 2009 Elections to the European Parliament

This article examines the performance of the UK Independence party (UKIP) at the 2009 European Parliament election, and asks whether the party's second-place finish indicates that it is now entering the political mainstream. It argues that while UKIP's success at these elections marks an important step in its development, the party continues to face significant barriers to further electoral progress. The article also considers the implications for the Conservative party under David Cameron, and cautions that UKIP's success could signal a more generalised shift towards the acceptance of the populist right in Britain. Finally, the article argues that the rise and recent success of UKIP is deserving of greater academic attention, and outlines possible research agendas to take this work forward.     

Justice,Charity, and Disaster Relief: What,If Anything,Is Owed to Haiti,Japan, and New Zealand?

Whenever fellow humans suffer due to natural catastrophes, we have a duty to help them. This duty is not only acknowledged in moral theory but also expressed in ordinary people's reactions to phenomena such as tsunamis, hurricanes, and earthquakes. Despite being widely acknowledged, this duty is also widely disputed: some believe it is a matter of justice, others a matter of charity. Although central to debates in international political theory, the distinction between justice and charity is hardly ever systematically drawn. To fill this gap in the literature, I consider three accounts of this distinction— the “agent‐based,” the “recipient‐based,” and the “mixed” view—and argue that they are all unsatisfactory. I then offer a fourth alternative, the “autonomy” view, which successfully overcomes the difficulties affecting its rivals. I conclude by considering the implications of this view for the moral grounds of disaster relief in earthquake‐stricken Haiti, New Zealand, and Japan.     

Revitalizing and de-territorializing fascism in the 1950s: the extreme right in France and Italy,and the pan-national (‘European’) imaginary

ABSTRACT

In this article Mammone explores a still relatively neglected story in the history of post-war neo-fascism, notably the attempts by some French and Italian right-wing extremists to revitalize fascist ideology after the war by means of two interconnected strategies, namely, radicalization (rejection of the democratic system) and ‘de-territorialization’ (in the sense of converting narrow fascist nationalism into pan-European nationalism). Mammone describes these project(s), as well as the influence of thinkers such as Julius Evola and Maurice Bardèche, and their location in the wider ideological context of the extreme right in the 1950s. The immediate outcome of this ‘de-territorialized fascism’ was the creation of an extreme-right international association, the Mouvement Social Européen, in which French and Italian activists played a central role. Mammone breaks new ground regarding the non-national dimension of extreme-right thought, a topic too often studied within the boundaries of a given geographical territory and nationalist ideological landscape. By utilizing a transnational framework, he also shows the continuous connections and interactions between the Italian and the French extreme rights.     

What's the big deal? Naturalisation and the politics of desire

This article takes the naturalisation process as a vantage point to consider how citizenship constitutes a site of emotional investment not only on the part of applicants and ‘new’ citizens but also on the part of the state. The premise of this article is that naturalisation is more than solely the admission of foreigners to the position and rights of citizenship, and it approaches naturalisation as a state practice that needs to be understood within a politics of desire. The article asks three questions: what makes naturalisation a thinkable and desirable means of acquiring citizenship? Second, what do practices of naturalisation tell us about ‘the state's attachment to particular embodiments of desirable citizens’ (S. Somerville, 2005 Somerville, S., 2005. Notes toward a queer history of naturalization. American quarterly, 7 (3), 659–675.[Crossref], [Web of Science ®] , [Google Scholar], Notes toward a queer history of naturalization. American quarterly, 7 (3), 661)? Third, ‘who may desire the state's desire’ (J. Butler, 2002. Is kinship always already heterosexual? Differences, 13 (1), 22)? Using policy documents and auto-ethnographic material, the article examines practices through which the state selects its own objects of desire and produces them as citizens, while it also produces itself as desirable. The article concludes that naturalisation distinguishes desirable from less desirable citizens through fantasies of English proficiency and birthright citizenship. In addition, the staged performance of the citizenship ceremony assures the state of its desirability by subsuming ‘as if’ enactments of citizenship.     

Microenterprise development and the entreprenurial poor: including the excluded?

Microenterprise develpment has received much attention as being a participatory strategy that can potentially alleviate poverty by including the excluded in the process of development. But recent controversies regarding the purposes, processes and profitability of alternative microenterprise development techniques suggest that participation means different things to different people. A review of three types of microenterprise development institutions suggests that while some programme policies discourage participation, others encourage ‘inclusion’ only in token. Only a few programmes support genuine participation of the entreprenurial poor. Key policy issues related to the participatory principles, benefits and costs of microenterprise development are discussed. © 1997 John Wiley & Sons, Ltd.     

Intelligence and the Media: The Press,Government Secrecy and the ‘Buster’ Crabb Affair

This article explores the official cover up of the mysterious disappearance of naval frogman Lionel Buster Crabb in 1956. Existing histories of the affair have tended to focus on the manner of Crabb's death, advancing a series of plausible and suitably implausible explanations. Using recently declassified sources, this article, in contrast, seeks to use the Crabb affair as a window onto government secrecy and relations between the press and the intelligence services. It is argued that the affair was a climacteric for the intelligence community and its relationship with Fleet Street, rupturing long-standing taboos about secret service work and bringing to the fore a brand of investigative journalist determined to make front-page news of intelligence shortcomings and failure.     

Economic Growth and Changes in the Branch Structure of Economy in Latvia： Linkage and the Sequence

From 2000 to 2012 the Latvian economy experienced four important events： （1） accession to the European Union in 2004; （2） the fastest GDP growth in the European Union and one of the fastest in the world in 2006; （3） the fastest GDP decrease in the European Union and in the world in 2009; and （4） resumption of economic growth in 2011. Such substantial changes during relatively short period of time make the experience of Latvia interesting in context of economic growth. Now Latvia has success in overcoming the consequences of the global economic downturn but the question which still remains relevant is the rationality of the branch structure of economy, because of high share of non-tradable sector in GDP. Such high fluctuations of the GDP during period analyzed, as well as requirements of the modem economy show the necessity to provide changes in the branch structure of economy. The most acceptable and popular direction in accordance with the strategy ＂Europe 2020＂ indicates that these changes should be in favor to the innovative manufacturing branches. On the other hand, the question--whether the changes in the branch structure of economy would be a tool for maintaining and providing the economic growth in Latvia--is actual. The importance and relevance of this question are reinforced by the fact that there is no consensus in the literature about the sequence of the economic growth and changes in the branch structure of economy. The article considers the linkage between economic growth and the changes in the branch structure of economy in Latvia, as well as search for sequence between these processes.     

Feminist thought and the totalitarian interloper: on rhetoric and the fear of ‘dangerous thinking’

Starting from the premise that thinking in itself cannot be dangerous, but that the presentation of thought as public communication can be an occasion to debate the potentialities of an intervention, this article addresses feminist theoretical disputes as rhetorical exchange. The focus is the now well-known critique that Martha Nussbaum made of Judith Butler’s work, a critique to which some have responded by questioning in turn Nussbaum’s certainties regarding what feminism is and should be. This article addresses the highly inflammatory terms and frames of reference of these exchanges. It asks: how is that those who are understood as leading feminist theorists can be read as dangerous collaborators with evil and those who defend normative theories of social justice can be read as fascistic? The article explores these questions by relating them to the ‘dangerous’ accusation that has been levied elsewhere (that is, in relation to the utilization of post-structuralist theory) and notices as crucial the terms of reference and versions of historical memory that are evoked, in particular those that evoke the history of totalitarianism and the figure of the fascist. The article argues that there are many routes by which to ‘explain’ the appearance of these contexts and figures but advocates a genealogical approach to understand how these contexts, fears and forms of rhetoric emerged. Concluding, the article suggests – rhetorically – that there is little comfort or gain to be had through a pretence that evil will attach itself to a particular theoretical style as if to a magnet, and little credibility to be given to one who claims the ability to see, to foresee and to comprehend the constitution of all the battles that face feminists and women, let alone democratic norms.     

‘… the Defence of the Realm and Nothing Else’: Sir Findlater Stewart,Labour Ministers and the Security Service

In May 2013, a report on the British Security Service (MI5) by Sir Samuel Findlater Stewart was released by the Cabinet Office. Dated November 1945, the report on the future organization and activities of MI5 was significant in that it defined the Service's post-war remit, accountability and relations with the Secret Intelligence Service (SIS), laying the groundwork of MI5's mandate until the introduction of the Security Service Act in 1989. The article also suggests that the report is significant, not just because it sheds important light on MI5's wartime and post-war role, but because it helps question existing assumptions about the relationship between the Security Service and the post-war Labour Government of Clement Attlee, often viewed as a troubled one.     

Maastricht Treaty in the Shaping and Development of the Common Foreign and Security Policy （CFSP）

For the European Union （EU）, it discusses how to deliver （great project） European unification. Motivated by the idea that the association of European countries is a far better alternative to the previous mutually confronted Europe, a project in the following decades led to the emergence of a new and unprecedented work on European soil--EU. Its present form is the product of more than 50 years of evolution of European integration, which today despite initial six Western European countries including the former main rivals Germany and France include 27 member countries of the union, as well as many other countries with candidate status for membership in the EU. Seen in the development context, the union is not a preconceived model of the association of European countries, but is the product of a complex multiple decade-long process of integration in which different actors are involved. Within this process, depending on the achieved level of integration, the union received a different shape. In its present form and name as the EU, it occurs even in the early 90s of the last century, long before it passed through small-scale forms of integration.