Making the innocent pay

Even those of us who enter the legal profession for reasonsof personal advancement or greed can spot an injustice whenwe see it. As students and raw recruits to the profession, weshare with our clients the notion that, in any cause, one sideis ‘right’ and the other ‘wrong’. Toallow the party in the wrong to vanquish the party in the rightwould be unjust, notwithstanding the fact that the law permitsit. In time our perspective mellows: we learn to appreciatethat     

Rail Safety: Targeting Oversight and Assessing Results

Rail safety has emerged as a significant issue in the past two years as a result of two major factors: a statistical lack of improvement in rail safety in the past decade, and a catalytic event in the form of a major derailment involving loss of life at Graniteville, South Carolina, in January 2005. The convergence of long-term leveling of rail safety indicators and the shock of a major rail accident prompted the Senate Appropriations Committee to ask the Government Accountability Office to assess the oversight role of the Federal Railroad Administration, the modal agency of the U.S. Department of Transportation charged with overseeing rail safety. The report is a reminder of the continuing importance of regulatory activities and the general movement in federal management toward greater use of data and performance measures since the Government Performance and Results Act of 1993.     

Disarming Somalia: lessons in stabilisation from a collapsed state

International efforts to resolve the Somali crisis have foundered on one central paradox: the restoration of state institutions is both an apparent solution to the conflict and its most important underlying cause. Somalis tend to approach disarmament and demobilisation—two central pillars of the ‘state-building’ process—with the fundamental question: who is disarming whom? If the answer threatens to entrench unbalanced and unstable power relations, then it may also exacerbate and prolong the conflict. In this paper, the authors examine disarmament and demobilisation initiatives from southern Somalia, Puntland and Somaliland. In southern Somalia, externally-driven disarmament and demobilisation initiatives in support of successive interim ‘governments’ have been widely viewed with suspicion and alarm. In Somaliland and Puntland, Somali-led, locally owned efforts have achieved a degree of success that can be instructive elsewhere. The authors conclude that conventional international approaches to ‘state-building’ in Somalia must be reassessed—notably that security sector issues must be treated not as a purely ‘technical’ issue, but as an integral part of the political process.