Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

International sources of environmental policy change in China: the case of genetically modified food

Abstract

China's agricultural biotechnology policy has undergone a profound transformation over the last decade, from a strongly promotional to a more precautionary approach. From the 1980s onwards, China invested heavily in biotechnology development and in the early 1990s emerged as the leading biotech country in the developing world. In the late 1990s, however, it halted the authorization of new genetically modified crops and introduced stringent safety regulations. This paper investigates this policy shift and argues that international factors have played a central role. Two trends, in particular, are identified as key sources of the move towards greater precaution: China's ongoing international socialization, particularly in the context of the international scientific debate on biosafety and the negotiations on a biosafety treaty; and the growing globalization of agriculture and trade, which has exposed China to international competitive forces and trade restrictions in food trade. As the case of genetically modified food in China shows, political integration and economic globalization can work together to promote a strengthening of the domestic environmental policy agenda.     

The housing system of the former Soviet Union: Why do the soviets need housing markets?

Abstract

The administrative‐command system that had been in full force in the Soviet Union between 1927 and 1990 had its own logic and internal consistency. It is now common knowledge that this economic system has flaws that led to a deepening secular decline over the past three decades. Because of ideological reasons, and an inadequate economic understanding of the capacity of their system to be liberalized, many reformers sought a third way between central planning and markets. The consensus today is that there is no third way. Among the former Soviet republics, Russia has just embarked on market‐oriented reforms and is facing a difficult and unstable transition because central planning mechanisms have ceased to function, but markets are not yet in place. This transition is particularly problematic for housing, which is a very severely distorted economic sector.

The international evidence on market economies that has accumulated over the past 20 years shows that, when housing sector distortions exist, they are predominantly found on the supply side. In socialist economies, however, housing is part of the compensation provided by enterprises and other employers. As a result housing suffers from demand‐side distortions in addition to the supply‐side problems caused by the absence of land markets, vague property rights, and burdensome urban regulations. The housing sector is already so large and distorted in these highly urban economies that overall economic reforms cannot succeed without housing reforms. In addition to presenting an overview of Soviet housing, this paper provides comparative evidence indicating that, among all the distorted socialist housing systems, Russia's probably is the most impaired. The basic elements of a market‐oriented strategy to improve housing are briefly presented.     

"There Was No Plan": An Interview with Rajiv Chandrasekaran

The George W. Bush administration’s doctrines of preemption and democratization through military action have been much debated. Discussants have included former members of the military, students of international relations and diplomacy, philosophers, and legal theorists, to name a few. Not surprisingly, the focus of these expostulations has been on the utility of hard and soft power, the international ripple effects of military action and state toppling, and the legal and moral propriety of preemption. For the most part, public administrators have little participated in these debates. This is regrettable, for the central question nestled within any debate over public policy is the question of plausibility. Can this policy be executed successfully? The governance challenges in postconflict states are profound. Who should rule? How should the state be reconstructed? What administrative structures should be erected? Who should staff government offices and bureaucracies, and what principles should guide them? If preemption and democratization are to succeed, then these questions must be answered. Rajiv Chandrasekaran is an assistant managing editor of the Washington Post. His book Imperial Life in the Emerald City: Inside Iraq’s Green Zone (Alfred A. Knopf, 2006) is an examination of the Coalition Provisional Authority that governed Iraq from April 2003 through June 2004. Mr. Chandrasekaran has served as the journalist in residence for the International Reporting Project at the Johns Hopkins School for Advanced International Studies and as a public policy scholar at the Woodrow Wilson International Center in Washington, D.C. In March 2007, Mr. Chandrasekaran was interviewed by Kevin Kosar on behalf of the Public Administration Review.     

Transitional Justice in Peacebuilding: Dynamics of Contestation in the DRC

ABSTRACT

This article examines the place of transitional justice in peacebuilding by exploring how domestic and international actors frame this relationship and how this, in turn, moulds dynamics of contestation around transitional justice. In the transitional justice literature, contestation is usually framed around an international–domestic dichotomy: transitional justice agendas promoted by external actors confront strategies of instrumental adaptation of transitional justice by domestic elites and the adoption of alternative transitional justice approaches by local actors. Based on an analysis of transitional justice policy-making in the Democratic Republic of the Congo (DRC), this paper proposes that a more multifaceted reading of contestation to transitional justice is needed. In the DRC, both external and domestic actors variously acted as transitional justice promoters and resisters, and their positioning on transitional justice was strongly conditioned by their broader understandings of the nature of the conflict and transitional justice’s role in peacebuilding. It is therefore suggested that contestation of transitional justice does not necessarily reflect a rejection of international approaches to justice, but instead more broadly expresses a lack of agreement on what transitional justice is and what its goals are. The article thus contributes to a broader interrogation of how discourses about the meaning of transitional justice are constructed in practice.     

Mapping the Nexus of Transitional Justice and Peacebuilding

ABSTRACT

This article explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. It examines the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. It highlights that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship in each field has developed largely in parallel to each other, and often without any significant engagement between the fields of inquiry. The article also notes that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. It is suggested that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peacebuilders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.     

Reproducing remoteness? States,internationals and the co-constitution of aid ‘bunkerization’ in the East African periphery

ABSTRACT

The physical and social retreat of international interveners behind the walls of ‘bunkered’ aid compounds in (putatively) more remote and dangerous regions of the South has been the focus of growing critical attention in recent years. An increasingly remote and fearful culture of risk aversion and differentiation among Western states and organizations has been largely identified as the driving force behind this set of practices. This article presents a different perspective on the bunkerization phenomenon through focusing on the agency of Southern states in the process. Exploring bunkerization across eastern/central Africa—and in Ethiopia’s eastern Somali region in particular—the study emphasizes not only how African states have been key promoters of modern bunkerization, but also how bunkerization behaviour and mentalities have historically characterized how many African borderlands—and contemporary sites of international intervention—have been incorporated into the global state system.     

Rejecting refugees in illiberal Poland: The response from civil society

ABSTRACT

Since 2015, the European Union and its members have been responding to the increased arrivals of migrants and refugees at Europe’s southern shores. The states and societies of East and Central Europe are rarely discussed in this context. Even though their governments support the overall EU policy objectives in the area of freedom, security and justice, they vocally refused to participate in EU ‘burden sharing’. In this way these countries earned the label of uniquely xenophobic. This article seeks to complicate this perception by highlighting how civil society in Poland responded to the right-wing Polish government’s anti-refugee stance. Through the lens of Aronoff and Kubik’s concept of Legal Transparent Civil Society (LTCS) the author examine the evolving relationship between the ruling Law and Justice party and civil society organizations, proposing that activities for the benefit of refugees offer an insight into the transformation of civil society in the emerging illiberal political system.     

Two paths to financial liberalization: South Korea and Taiwan

Abstract

This article explores the emergence of new spaces for civil society organisations (CSOs) as a result of an increasing interest by international donors in multi-stakeholder approaches to good governance under the ‘new policy agenda’. Drawing upon a contemporary case study of civil society in Cambodia, it argues that CSOs have been encouraged to perform two key roles on a national level: professional service delivery agents and democratic watchdogs. Both roles are seen by donors as integral to supporting an accountable and professional model of the Cambodian state while drawing upon valuable private sector lessons in a synergetic model of governance. The result is the construction of particular neoliberal spaces for CSOs operating as technical implementation mechanisms in response to externally driven donor pressures. Furthermore, under this new framework of governance, CSOs face pressure to undergo internal transformation akin to new public management reform; embracing economistic and administrative modes of coordination as core values of civil society participation.     

A Case Study in ‘Institutionalisation before Liberalisation’: Lessons from Bosnia and Herzegovina

Abstract

International attempts to build a sustainable peace in Bosnia and Herzegovina have come close to the recommendations of Roland Paris’ conceptual framework of ‘Institutionalisation before Liberalisation’. The international peace mission in Bosnia has, through this approach, largely succeeded in dampening the dangers posed by the democratization process. This is clearly indicated by progress in stabilizing the civil peace and in democratization. However, this study of international policy highlights that, while the general policy approach of the ‘Institutionalisation before Liberalisation’ framework is a sound one, it is important to caution that care must be taken to avoid negative and unintended consequences.     

The rise of the randomistas: on the experimental turn in international aid

Abstract

In recent years, the use of experimental methodologies has emerged as a central means of evaluating international aid interventions. Today, proponents of randomized control trials (so-called randomistas) are among the most influential of development experts. This paper examines the growth of this thought collective, analysing how uncertainty has become a central concern of development institutions. It demonstrates that transformations within the aid industry – including the influence of evidence-based policy, the economization of development and the retreat from macro-planning – created the conditions of possibility for experimentation. Within this field, the randomistas adeptly pursued a variety of rhetorical, affective, methodological and organizational strategies that emphasized the lack of credible knowledge within aid and the ability of experiments to rectify the situation. Importantly, they have insisted on the moral worth of experimentation; indeed, the experimental ethic has been proposed as the way to change the spirit of development. Through causal certitude, they propose to reduce human suffering. The rise of experimentation has not, however, eliminated accusations of uncertainty; rather, it has redistributed the means through which knowledge about development is considered credible.     

Is it Population or Personnel? The Effects of Diversity on Immigration Policy Implementation by Sheriff Offices

Abstract

The federal-local cooperative immigration removal program Secure Communities (S-Comm) has resulted in wide variation into how aggressively national interior immigration policy has been implemented locally. Some communities have removed thousands, but others have removed few if any. Community composition explains much of the variation, but representative bureaucracy tells us agency diversity also influences implementation. Focusing on county sheriff offices, a vital local partner in S-Comm, this study finds that agency personnel diversity (specifically, offices with larger percentages of Hispanics and African Americans) produce fewer removals and submissions to ICE for immigration background checks. Other agency-specific factors are also important. Both the agency’s total budget and whether it has a 287(g) agreement with federal immigration authorities increase removals. Despite recent efforts to blur the distinction between immigration and criminal justice policy, this study finds no relationship between local removals and local crime.     

Wire-Walking: Risk Management and Policy Experiments in China from a Comparative Perspective

Abstract

Policy scientists have long examined how policy innovation has emerged and diffused by focusing on the interaction between agents and policy programs. In contrast, this article focuses on how uncertainty in policy environments has affected the fate of policy innovation in an authoritarian state. Using original data from China’s official newspaper, the People’s Daily,it is found that the central government’s decision to promote sensitive policy experiments is a function of the perceived risks in the policy environment. The U-shaped relationship between the promotion of sensitive policy innovation and inflation reflects the wire-walking behavior of China’s central government. The central authority in China tends to promote fewer sensitive political experiments when inflation increases and resumes promoting experiments when the inflation rate passes a certain tipping point. It is also found that the central authority intentionally regulates the promotion of political experiments during important political events.     

The Impact of the Fiscal Crisis on Public Administration Reforms: Comparison of 14 European Countries

Abstract

This study aims to empirically test a widespread assumption that fiscal crises instigate administrative reforms. The empirical analysis relies upon an international comparative study of the responses of 14 European governments to the fiscal crisis of 2008–2013. It is found that fiscal crisis and public administration reforms are not necessarily closely connected. In the majority of cases, the fiscal crisis did not have an instant effect of triggering structural public administration reforms or substantial shifts in existing reform trajectories. The crisis intensified the pressure to reform public administration to some extent, but the European governments’ responses predominantly followed a combination of straightforward cutbacks and incremental change. More substantial reforms were carried out in countries most severely hit by the crisis and/or where administrative reforms were conditioned by international financial assistance.     

Introduction: The OECD and Policy Transfer: Comparative Case Studies

Abstract

The six articles in this issue examine the role of the OECD in policy transfer. Two articles (Kudrle on international tax agreements, and Legrand and Vas on Australia’s vocational and educational training policy) conclude that the OECD has been influential, albeit in a grinding and lengthy way. Two others (Clifton on the OECD’s “enhanced engagement” policy with five G-20 countries, and Eccleston and Woodward on tax transparency) find the OECD’s influence either patchier or even dysfunctional. Carroll’s article provides a novel analysis of policy transfer through accession processes, while Alasuutari explores transfer in terms of a comparative analysis of policy rationalizations that refer to the OECD as a “standard.” A common theme of all six articles is the way in which policy transfer is driven by exogenous pressures and crises, and how international governmental organizations like the OECD exploit these pressures to protect and expand their global relevance.     

Transformation or Bureaucratization? The changing role of community representation in local strategic partnerships in England

Abstract

The debate about the need to build social capital and to engage local communities in public policy has become a central issue in many advanced liberal societies and developing countries. In many countries new forms of governance have emerged out of a growing realization that representative democracy by itself is no longer sufficient. One of the most significant public policy trends in the United Kingdom has been the involvement of community organizations and their members in the delivery of national policy, mediated through local systems of governance and management. One such policy area is urban regeneration. Central Government now requires local authorities in England to set up Local Strategic Partnerships (LSPs) to bring together stakeholders who can prepare Community Strategies and deliver social and economic programmes which target areas of deprivation. This paper reviews the key institutional processes which must be addressed, such as representation, accountability and transformation. It then investigates three very different examples of LSPs based on interviews with key representatives. The paper concludes that political commitments to community engagement in civil society are always mediated through existing institutional arrangements. Thus attempts to change deep-seated political structures and power relationships require a commitment to increase representation as well as to transform the practices and repertoires of deliberation and action.     

Creative appropriation: academic knowledge and interventions against sexual violence in the Democratic Republic of Congo

ABSTRACT

Recent academic research has questioned assumptions about sexual violence in (post-) conflict contexts. Gender norms rather than military decision-making have been found to constitute a major underlying reason for wartime sexual violence. In this contribution, we investigate whether international organisations seeking to prevent sexual violence in the Democratic Republic of Congo have accordingly changed their analytical perspectives and modified policies and programming. We find that many, but not all, such organisations creatively appropriate new academic work in their policy and project documents. However, incentives for continuity in the humanitarian field have slackened the pace of any substantive practical changes.     

Critical Theory,Democratic Justice and Globalisation

Abstract

One way of providing a focus for critical theory today is to articulate those substantive and robust norms of egalitarian justice that would appear to be presupposed by the idea of a republican and democratic constitutional order. It is suggested here that democratic justice requires the equalisation of effective communicative freedom among all structurally constituted social groups (SCSGs) and that this will have far-reaching implications that entail the deconstruction of all social hierarchies in both domestic and global orders. This argument is presented in three sections. The first defends the focus on groups rather than individuals in theorising democratic justice. The second intervenes critically in contemporary debates surrounding the theoretical relation between various aspects of justice including the demands of redistribution, recognition and political empowerment. The third turns to the challenges for critical theory presented by a complex and multifaceted process of globalisation and it defends a qualified form of cosmopolitanism and high lights the need for a radical democratisation of the international order.     

Participatory budgets in Canoas (Brazil) and Cascais (Portugal). A comparative analysis of the drivers of success

ABSTRACT

This article is a comparative analysis of two internationally awarded cases of Participatory Budgets in Canoas (Brazil) and Cascais (Portugal). Our main argument is that the success of these PBs relies on political/administrative, societal, and geographic drivers. This conceptual model has been adopted to analyse and discuss the success of the two case studies. The provision of an original conceptual model for comparative analysis and the empirical knowledge from the two cities are supported by the review of main literature in this field of study, and aim to contribute, with original findings, to the international debate on participatory budgeting.