Your rule of law is not mine: rethinking empirical approaches to EU rule of law promotion

The promotion of the “Rule of Law” is a leading ambition of the EU’s external action (Article 21 TEU). The dominant approach in most policy documents is to define the rule of law in terms of legal and institutional checklists. However, several authors have criticized this “anatomical” approach and have argued for a “sociological” approach. In this paper, I will discuss two empirical models of the rule of law. Most current studies follow the model of the “Rule of Law in Action.” This approach is based on Roscoe Pound’s distinction between the “law in the books” and the “law in action.” I will argue that this conventional approach has several shortcomings. I will therefore introduce an alternative model, based on Eugen Ehrlich’s concept of the “living law.” The principal concern of the “Living Rule of Law” model is not the level of social support but rather the social definition of the rule of law. To assess the strengths and weaknesses of both approaches, I will apply both models in a case study about rule of law reform in a refugee camp on the Thailand–Burma border. It will be concluded that empirical research is essential to evaluate the EU’s external action. Moreover, empirical studies based on the model of the Living Rule of Law support a legal pluralist approach, which focuses on the user perspective of citizens and which recognizes the contested notion of the rule of law across cultural borders.     

Towards consolidating democracy: The paradoxical role of democracy groups in Thailand

Civil society is thought to contribute to consolidating democracy, but exactly how this happens is not especially well understood. This article examines the recent experiences of ‘democracy groups’ in Thailand. While acknowledging there are other factors that contribute to democratic consolidation, it finds the cumulative effect of Thailand's intermediating organizations, such as democracy groups, appears to be a redistribution of information and resources in ways that are causing changes in state‐society relations, making the country more pluralistic and contributing to consolidating democracy. Democracy groups and other civil society organizations are providing a widening circle of Thais with virtually unprecedented opportunities to participate in the policy‐making process. Yet despite their accomplishments, these groups might have greater consolidating effects if they themselves adhered more to democratic norms and procedures. Nevertheless, without democracy groups and other civil society organizations, Thailand would be less democratic than it is, although democracy is not fully consolidated yet.     

The EU as a global rule of law promoter: the consistency and effectiveness challenges

This paper aims to examine the consistency and effectiveness of the EU as a global promoter of values by focusing on the rule of law, one of the key values on which the EU is based and which is also supposed to guide EU’s external action. The paper first offers the diagnosis that the EU has failed to properly address a number of key issues: (i) what the EU seeks to promote under the heading ‘rule of law’, (ii) how it measures and monitors a country’s adherence to this principle and (iii) the disconnect between its external and internal policies and instruments. To address these issues, four key recommendations are made: (i) the adoption of a guidance note, (ii) the development of a transversal measurement and monitoring instrument, (iii) the adoption of a rule of law checklist and (iv) the revision of the role of EU Fundamental Rights Agency, with the view of transforming it into a ‘Copenhagen Commission’ with new powers and a broader geographical remit.     

Civil society and substantive democracy: Governance and the state of law in Belgium

Since the late 1980s, democratic institutions and an active civil society are being prescribed as important ingredients and preconditions to reduce poverty, social exclusion, and violent civil strife. Multi-party systems and elections are seen as the most important expressions of formal democracy. This paper argues that more attention is needed to substantive democracy, which requires a greater understanding of the various legal-political variants within a democratic framework. The paper discusses in some depth the crisis of governance in Belgium. The analysis raises questions about the relationship between 'political' and 'civil society', and between social movements and political parties.     

俄罗斯的大国法治建设:现状、难题及发展趋势

俄罗斯正在积极建设具有俄罗斯特色的大国法治,建立强有力的国家权力,完善市场经济法律制度,重建收入分配制度,统一法治思想.由于俄罗斯的大国特性,无论是在法律制度上,还是在法治思想上,俄罗斯法治建设的难题还很多.当前"梅普组合"权力机制为俄罗斯法治建设的发展提供了契机,大国内部治理机制的法治化得到加强,与其他大国之间的经贸往来和制度建设不断扩大,新的理性而积极的法律意识有所增强.但俄罗斯要实现统一有效的大国法治目标并不容易,"梅普组合"政权面临着许多困难和挑战.     

US democracy promotion: The Clinton and Bush administrations

Democracy promotion has been an element of US foreign policy for over five decades. On the assumption that democracy promotion abroad is more a Democratic than Republican issue, one could hypothesise that a recent President like Bill Clinton was more likely to champion democracy promotion than a Republican President like George W. Bush. We suggest in this article, however, that the Clinton and Bush records on this matter thus far are more similar than one might expect. Moreover, we argue that structural or enduring features of international relations and American politics make the US contribution to enlarging the democratic community quite modest most of the time. The consistent elevation of economic and military/security concerns over democratic progress has had a negative effect. We conclude by offering a few brief suggestions for promoting democracy abroad with a focus on long-term effects.     

Competing perspectives on democracy and democratization: assessing alternative models of democracy promoted in Central Asian states

This study examines alternative understandings of democracy and democracy promotion advanced by the US, EU, Russia and China in Central Asia using frame analysis. In the context of this study, ‘frames’ refer to the relatively cohesive sets of beliefs, categories and value judgements as well as specific ways in which these ideas are packaged for the targets of international democratization. The study assesses the implications of alternative representations of democracy promotion and competing models of governance for the prospects of democratization in Central Asia. It concludes that the substance of US and EU democracy promotion in Central Asia has neglected the cultural and political contexts of these states, while the Russian and Chinese models of governance and development have provided a better match to the interests of the ruling elites.     

Strengthening the rule of law in Indonesia: the EU and the combat against illegal logging

Indonesia is an emerging power, but one problem particular taints the success story: corruption. While corruption affects all public policies, its disastrous effects are most visible in forestry. Indonesia is still home to the third largest rainforests in the world, but the country is losing its forests fast. One main driver of deforestation is illegal logging. The strengthening of the rule of law is therefore a key to stop or at least to slow down Indonesia’s deforestation rate. The European Union has been keen to support the Indonesian government in its fight against illegal logging in accordance with the European Forest Law Enforcement Governance and Trade Policy (FLEGT). In September 2013, Brussels and Jakarta have signed a FLEGT Voluntary Partnership Agreement (a FELGT-VPA, more commonly known as “Timber Pact”). Under the Timber Pact, Jakarta promises an overhaul of its forest governance. This reform of forest governance is costly to the Indonesian government, in financial and political terms. After all, many actors profited from the old system. The question arises why the Indonesian government agreed to the Timber Pact. In the first part of the analysis, a rationalist perspective is taken to answer this question, focusing on the political and economical gains for the decision-makers. The second part looks at the issue from a constructivist angle and shows how the norm “fight illegal logging” fitted into the normative framework of Indonesian politics. By combining a rationalist and a constructivist perspective, a broad picture of successful EU norm diffusion is painted.     

The economic transition in Central Asia: Implications for democracy

Ten years have now passed since the August coup of 1991 heralded the collapse of the Soviet Union. Whilst many of these states have successfully navigated themselves through the processes of democratic transition and consolidation, others have not. Although each of the states within the Central Asia region have held elections so that we can speak of some sort of formal democracy having been established, substantive democracy within these states is either absent or falls short of the mark. This article identifies the obstacles to democratic transition and consolidation arising from current economic circumstances and the leaders' appraisal of the political costs of further democratization.     

The public sphere and local democracy

After summarizing some of the main criticisms of liberal democracy, this article examines proposals to overcome the malaise through the development of a strong public sphere or public spheres and/or the re‐invigoration of democracy at the local or municipal level. In particular attention will focus on the democratic potential at the local level of ‘citizens’ juries’.     

Frozen political liberalization in Jordan: The consequences for democracy

Prompted by serious economic difficulties, in 1989 the Jordanian government launched a series of political liberalization measures aimed at rejuvenating the country's parliament and party politics, and restoring freedom to the media. Despite much initial enthusiasm, the liberalization process has become frozen and there have been few substantive moves toward a meaningful transition to democracy. Two developments have combined to result in this democratization freeze. One is the reluctance of the state to give up many of its powers in relation to the forces of civil society. A second is the inability of professional associations and the emerging parliamentary opposition bloc to formulate and institute viable links within themselves and with other social actors in an attempt to pressure the monarchy for more political concessions. The hybrid, semi‐democratic, absolutist monarchy that has emerged in the process has enhanced its popular legitimacy by adopting certain democratic trappings, which, in the short run at least, appear detrimental to a more meaningful transition to democratic rule.     

The Gordian Knot of Brazilian Foreign Policy: Promoting democracy while respecting sovereignty

President Cardoso has provided decisive impetus for strengthening Brazil's commitment to democracy abroad, both through multilateral diplomacy and foreign policy. However, there exist inherent tensions between the dual principles guiding Brazilian foreign policy, the promotion and protection of democracy abroad and the attachment to national sovereignty and non-interference in internal affairs. This study assesses Brazil's response to threats to democracy during the last decade in 10 case studies. It argues that presidential diplomacy has played a key role in furthering the democratic commitment of Brazilian foreign policy. The author thanks Paulo Roberto de Almeida, Juan Fernando London ?o, Anja Linder, and Riordan Roett and gratefully acknowledges the support of the Democracy Coalition Project (DCP) of the Open Society Institute (OSI) in Washington DC.     

浅析印度经济增长的动力

中印是全球经济增长最快的两个发展中大国,但其增长模式却差异很大。印度的经济增长更具潜力和动力,因为推动印度经济增长的因素是:以信息产业为核心的服务业:低投入、高效率的增长模式和强有实力的私营企业。