United nations resolutions against international terrorism

Abstract

Nine years after the Munich Massacre of 11 Israeli athletes and after a request by the Secretary‐General for the General Assembly to act on the problem, the General Assembly reached a general consensus on a terrorism resolution. The resolution endorses a UN committee's recommendations to refrain from assisting terrorism in any way and to cooperate in the final elimination of terrorism. Negotiation of the resolution was difficult because third world countries did not want to weaken opposition to “colonial, racist, and alien regimes,” and they have held back from approving an international convention that would require trying or extraditing those accused of terrorist crimes. Problems of constitutional protection to individuals in democracies and of political asylum also stand in the way of an overall convention. Nevertheless, the General Assembly resolution has been useful in promoting cooperation among states to eliminate terrorism and in encouraging support for conventions against specific types of terrorism such as hijacking, taking of hostages, attacking diplomatic targets, and supporting nuclear terrorism.     

Articulating the Nexus of Politics and Law: War in Iraq and the Practice within Two Legal Systems

Does law rule foreign affairs in the democratic state? Basically, one might expect that democratic executives operate on the ground of what is called the Rechtsstaat, and that in a political system with checks and balances operations—especially those eventually dropping out of that ground—are subject to judicial review. However, legal systems are more often than not willing to abstain from a legal governance of its countries' foreign policy—because of "political reasons." Moreover, democracies obviously vary according to their legal operations. At least in the area of foreign affairs, the relationship of democracy and law does not take up a necessary character. Facing this contingency, the article engages in the discursive construction of a politics and law nexus in the course of the operations of two legal systems, in the United States and Germany. For that reason, it will proceed by deconstructing two legal decisions related to the war in Iraq. Building upon the premise that legal practices are intertwined into a larger web of (legal) text, the article argues that the possibility of a judicial abstention in cases bearing reference to foreign policy issues depends on meaning produced in the course of the signification and positioning of discursive elements like "politics" and "law." Thus, speaking law is a politico-legal practice.     

The politics of government‐business relations in Myanmar 1

All post‐colonial Myanmar governments and the business community benefited from their clientelistic networks. Without the help of government officials, many business firms would have gone under quickly; at the same time, without the assistance of business people, it would have been hard for most post‐colonial Myanmar governments to keep themselves in power. It is very clear that government‐business relations cannot simply be reduced to a zero‐sum game. This article clearly shows that if we assemble cases of government‐society relations in Myanmar in the way we solve a jigsaw puzzle, the picture that emerges is not simply a zero‐sum situation. Rather, certain interactions between incumbent governments and the business community in post‐colonial Myanmar were mutually empowering.     

Grassroots Citizenship at Multiple Scales: Rethinking Immigrant Civic Participation

Given the finding that the marginalized are less politically engaged, we examine those who are arguably the most marginalized—the undocumented—and ask: what underwrites recent cases where the undocumented have been politically engaged in meaningful and substantive ways? Additionally, how does this compare with the existing literature on the practice of citizenship for those with formal rights? And what are the implications for our understanding of political participation in the contemporary USA? We seek to address these questions by examining cases where undocumented immigrants act like citizens even though they lack formal political rights. Our cases deviate from previous literature which argues that more marginalized people participate less and that those without formal rights engage in contentious politics in lieu of “normal,” institutional politics. Our analysis of the DREAMers and of immigrant worker centers helps us rethink this traditional distinction between “normal” and contentious politics. Moving beyond a focus on the specific actions that fall into each category, we instead emphasize how the context for these actions is crucial to understanding the foundations of political participation. In particular, we argue that the same “normal” political actions taken by citizens versus noncitizens reveals different foundations underneath; for those without formal rights, what underwrites participation in “normal” and contentious politics alike is what we call grassroots citizenship. We examine how the political participation of undocumented workers and DREAMers takes place within immigrant organizations and how it relies on three pillars: solidarity, critical analysis, and collective action. While previous literature has emphasized the urban and local nature of active, alternative citizenships, our cases operate at multiple scales, demonstrating how grassroot citizenship can be leveraged and “scaled up” to state and national levels. Additionally, through an analysis of grassroots citizenship, we get some purchase on the question of why politicians sometimes listen to people who cannot vote.     

The Militarization of Urban Marginality: Lessons from the Brazilian Metropolis

This article examines the workings and effects of the penalization of poverty in urban Brazil at century's turn to uncover the deep logic of punitive containment as state strategy for the management of dispossessed and dishonored populations in the polarizing city in the age of triumphant neoliberalism. It shows how ramifying criminal violence (fed by extreme inequality and mass poverty), class and color discrimination in judicial processing, unchecked police brutality, and the catastrophic condition and chaotic operation of the carceral system combine to make the aggressive deployment of the penal apparatus in Brazil a surefire recipe for further disorder and disrespect for the law at the bottom of the urban hierarchy and steers the country into an institutional impasse. The policy of punitive containment pursued by political elites as a complement to the deregulation of the economy in the 1990s leads from the penalization to the militarization of urban marginality, under which residents of the declining favelas are treated as virtual enemies of the nation, tenuous trust in public institutions is undermined, and the spiral of violence accelerated. Brazil thus serves as a historical revelator of the full consequences of the penal disposal of the human detritus of a society swamped by social and physical insecurity. Drawing parallels between penal activity in the Brazilian and the U.S. metropolis further reveals that the neighborhoods of urban relegation wherein the marginal and stigmatized fractions of the postindustrial working class concentrate are the prime targets and proving ground upon which the neoliberal penal state is concretely being assembled, tried, and tested. Their study is therefore of urgent interest to analysts of international politics and state power at the dawn of the twenty-first century.     

Linking anticorruption threats,performance pay,administrative outputs,and policy outcomes in China

Little is known about the effects of two prominent public sector reforms—anticorruption efforts and high‐powered incentive systems—on the accomplishment of policy goals in the absence of the rule of law and in the presence of an extrinsic incentive to take advantage of corruption to achieve performance targets. This study explores how performance rewards and anticorruption efforts jointly affect administrative outputs and policy outcomes. We examine China's air pollution control policy with province‐level panel data. The analysis shows that performance rewards prompt administrative outputs that are linked to the incentive structure. Anticorruption activities have small significant, positive effects on those outputs only prior to the inception of high‐powered rewards, but have no significant effect on policy outcomes, regardless of the measure. The introduction of performance incentives contributes to the achievement of policy outcomes only when their measurement is subject to government manipulation.     

Reconciling Privacy and Access Interests in E-Government

Abstract

Privacy is both the most often cited and the least understood rationale for information policy aimed at protecting the disclosure of governmental information. The use of privacy as a means of limiting governmental information sharing has expanded rapidly in recent years, as a variety of interests—all seemingly concerned with informational privacy—have emerged in the policy making arena. Governments increasingly turning to e-government solutions must confront privacy issues while maintaining access to governmental information.

One of the most contentious privacy–access issues concerns the digitization of court records. Historically open to the public in paper form with limited exceptions, electronic court filings raise novel privacy issues unimagined by keepers of paper-based records systems. This paper looks at the rules that a number of municipal and state governments have adopted in order to move court records online. It examines the new court rules in light of the origins of informational privacy law, offering an avenue for comparing modern conceptualizations of data privacy with the legal principles created in seminal privacy decisions related to informational privacy. Using the rules themselves, the paper explores the dominant strands of privacy doctrine, illustrating the divide between privacy law and privacy policy regarding data protection statutes, freedom of information law exemptions, and other data controls.     

Migrants,refugees and foreign policy: prevention and intervention strategies

The authors discuss policy development options to deal with migrants and refugees to developed countries. "Our principal argument--perhaps to state the obvious--is that international migration and refugee movements are foreign policy, not simply domestic, issues. Nevertheless, citizens and policy makers are all too often unaware that if they want to secure their borders against unwanted population flows, this cannot be done simply by unilateral decisions to regulate entry." The focus is on Germany and the United States.     

The analytical foundations of extortionate terrorism

Extortionate terrorism is the threatened use of terrorist acts to gain concessions from the victim. In this article, game theory is used to seek answers to the following questions: (a) When will people resort to extortionate terrorism? (b) When will extortionate terrorism succeed and when will it fail? (c) What constitutes an “optimal” threat, i.e., what bribes, extortion, ransom, or payoff should be asked in exchange for which hostages or property? (d) When should unsuccessful threats be carried out and when should they be abandoned? (e) How should a victim choose among potential responses to specific terrorist threats and to the general problem of terrorism? Two different game theoretic models of terrorism are examined— one using ordinal preferences, the other von Neumann‐Mor‐genstern utilities. Terrorism is considered not simply as isolated incidents; institutions are potential victims of repeated terrorism. The terrorist and the victim, in formulating a response to each incident, are guided not only by present gains and losses, but by the effect their response has on others’ perception of their credibility and resolve—two long‐run variables.     

中国共产党对外交往的百年演进与当代发展 ——基于民族复兴视角的分析

在百年发展历程中,中国共产党始终将实现中华民族的伟大复兴作为处理中国与外部世界关系的根本指南。追求民族复兴是一个长期、宏大的历史进程,它使中国走上了一条不同于其他大国崛起的道路,这也是中国共产党长期执政的必然要求与历史使命。从实现目标及其顺序来看,民族复兴包括安全保障、富强发展、文明重构三个层次。在改革开放之前,中国共产党人的主要目标是在二战、冷战等严峻的国际安全环境下,实现保障国家安全这一目标。在改革开放之后,中国共产党领导下的中国外交主要服务于经济建设这一中心,走出了从“谋富”到“求强”的复兴之路。自党的十八大以来,中国开始更多地强调有中国特色的发展道路和发展模式及其对世界的可能贡献,文明复兴的趋势也越来越明显。当前,在习近平外交思想的指引下,中国共产党提出并推动构建人类命运共同体这一目标,将民族复兴事业推向一个新的高度,并为最终实现这一目标奠定了坚实基础。     

The structure of employment and structural adjustment in the Philippines

Growth in the 1970s seemed, at that time, to have brought the Philippines to a rather high equilibrium growth path. But the foreign debt and political crisis in the early and mid‐1980s had brought the economy down to a lower equilibrium path. The recovery years (1987 to 1990) did not prove to be sustainable, given the extreme debt overhang, so that the economy retreated once again to the lower equilibrium path in the early 1990s. Significant debt reduction schemes and the new inflows (remittances of overseas workers and rising foreign investments) allowed a new growth trend. Whether sufficient growth can be maintained in the medium and long term will depend to a large part on uncontrollable external conditions. Significant improvements in trade and industrial policies are needed so that external deficits and imports will finance those sectors that allow for creation of high quality employment. Policy will have to shift resources away from the trade, real estate and other service sectors to strong tradeable manufactures. If the Philippines cannot get out of the boom—bust cycle, labour productivity in the medium and long term will stagnate and the share of those employed in the total labour force will remain stable, leading to stagnating employment opportunities and worsening income distribution.     

The Movement for Rule of Law in China

Though not much noticed in the West, a great debate is raging across China today, from the law faculties of its major universities to the Central Party School to the dissident community, over “constitutionalism” and the establishment of rule of law. In the wake of major corruption scandals, there are great expectations that the new leadership under Xi Jinping will respond to social pressure and pursue political reforms that have stalled over the last decade. A leading China scholar, Cheng Li, and the now famous blind civil rights advocate Chen Guangcheng, who dramatically escaped house arrest and fled to the US Embassy in Beijing last year, comment on where this debate is headed and what it might—or might not—produce.     

China Has Good Laws,But They Should Apply to the Party

Though not much noticed in the West, a great debate is raging across China today, from the law faculties of its major universities to the Central Party School to the dissident community, over “constitutionalism” and the establishment of rule of law. In the wake of major corruption scandals, there are great expectations that the new leadership under Xi Jinping will respond to social pressure and pursue political reforms that have stalled over the last decade. A leading China scholar, Cheng Li, and the now famous blind civil rights advocate Chen Guangcheng, who dramatically escaped house arrest and fled to the US Embassy in Beijing last year, comment on where this debate is headed and what it might—or might not—produce.     

The Plots that Failed: Intelligence Lessons Learned from Unsuccessful Terrorist Attacks Against the United States

While much of the focus of terrorism research is on successful terrorist attacks, the most significant lessons for terrorism prevention may come from examination of terrorist plots and attacks that do not succeed. This article analyzes 176 terrorist plots against American targets that have been thwarted or otherwise failed during the past 25 years. It considers what kinds of intelligence and security measures are most useful in counterterrorism, and argues that the conventional wisdom about why intelligence fails—because analysts and agencies are unable to “connect the dots”—is wrong. Most plots, especially domestic terrorist plots, are not foiled through imaginative analysis, but through conventional law enforcement efforts and aggressive domestic intelligence collection that reveal to authorities just what the plotters are up to.     

DEFYING THE COMMISSION: CREATIVE COMPLIANCE AND RESPECT FOR THE RULE OF LAW IN THE EU

This article investigates how and to what extent member states comply with EU obligations in terms of process and outcome. The aim is to demonstrate how norm‐conform behaviour unfolds, or fails to unfold, in an interaction between a member state and the European Commission. The empirical focus is on recent rule of law crises in France, Hungary and Romania. The argument is that member states engage in symbolic and/or creative compliance, designed to create the appearance of norm‐conform behaviour without giving up their original objectives. The cases illustrate that creative and symbolic compliance strategies may be successfully employed by member states because they enable the Commission to disengage from conflicts it judges too costly and yet maintain its credibility, and are conditioned by the visibility of failure to change facts on the ground. The implication is that, at times, not only is compliance symbolic, but also to some extent is enforcement.     

Faith in an Interdependent World

The resurgence of political Islam and the endurance of broad religious belief in the most modern of societies—America—has created a crisis of faith among secularists. If modernity no longer implies a secular outlook, and secularism, by definition, cannot generate any values beyond an indifferent tolerance of all belief, what role will religion play in the 21st century? In an interesting confluence of reflection, Jürgen Habermas, one of Europe's leading secular liberal thinkers, argues that secular citizens must be open to religious influence, especially since the very identity of Western culture is rooted in Judeo‐Christian values. In his political afterlife, Tony Blair has converted to Catholicism and established a Faith Foundation to press for religious literacy because “you can't understand the modern world unless you understand the importance of religious faith.” Similarly, when Pope Benedict XVI visited secular France in September, President Nicholas Sarkozy scandalized the lay establishment by saying, like Habermas, that “rejecting a dialogue with religion would be a cultural and intellectual error.” He called for “a positive secularism that debates, respects and includes, not a secularism that rejects.” Despite the flurry of controversy over a recent spate of books extolling the virtues of atheism in the wake of Islamist terrorism, the more interesting issue by far is the emergence of post‐secular modernity.     

Notes on Post‐Secular Society

The resurgence of political Islam and the endurance of broad religious belief in the most modern of societies—America—has created a crisis of faith among secularists. If modernity no longer implies a secular outlook, and secularism, by definition, cannot generate any values beyond an indifferent tolerance of all belief, what role will religion play in the 21st century? In an interesting confluence of reflection, Jürgen Habermas, one of Europe's leading secular liberal thinkers, argues that secular citizens must be open to religious influence, especially since the very identity of Western culture is rooted in Judeo‐Christian values. In his political afterlife, Tony Blair has converted to Catholicism and established a Faith Foundation to press for religious literacy because “you can't understand the modern world unless you understand the importance of religious faith.” Similarly, when Pope Benedict XVI visited secular France in September, President Nicholas Sarkozy scandalized the lay establishment by saying, like Habermas, that “rejecting a dialogue with religion would be a cultural and intellectual error.” He called for “a positive secularism that debates, respects and includes, not a secularism that rejects.” Despite the flurry of controversy over a recent spate of books extolling the virtues of atheism in the wake of Islamist terrorism, the more interesting issue by far is the emergence of post‐secular modernity.     

God and the Political Planet

The resurgence of political Islam and the endurance of broad religious belief in the most modern of societies—America—has created a crisis of faith among secularists. If modernity no longer implies a secular outlook, and secularism, by definition, cannot generate any values beyond an indifferent tolerance of all belief, what role will religion play in the 21st century? In an interesting confluence of reflection, Jürgen Habermas, one of Europe's leading secular liberal thinkers, argues that secular citizens must be open to religious influence, especially since the very identity of Western culture is rooted in Judeo‐Christian values. In his political afterlife, Tony Blair has converted to Catholicism and established a Faith Foundation to press for religious literacy because “you can't understand the modern world unless you understand the importance of religious faith.” Similarly, when Pope Benedict XVI visited secular France in September, President Nicholas Sarkozy scandalized the lay establishment by saying, like Habermas, that “rejecting a dialogue with religion would be a cultural and intellectual error.” He called for “a positive secularism that debates, respects and includes, not a secularism that rejects.” Despite the flurry of controversy over a recent spate of books extolling the virtues of atheism in the wake of Islamist terrorism, the more interesting issue by far is the emergence of post‐secular modernity.     

Party finance in Russia: Has the 2001 law ‘on political parties’ made a difference?

The 2001 law ‘On political parties’ instituted several substantive changes to party finance in Russia. This article examines these elements of the law on parties, which have so far received little attention, to ascertain the aims of this party-funding reform, the extent to which these aims have been realised, and what impact—if any—the financial terms of the law have had on party finance. The article draws on new sources, namely parties' annual financial accounts, to shed fresh light on party funding in Russia and on the presidential administration's attitude to party finance.     

Modernization theory and the sociological study of development∗

The focus of this article is methodological and macro‐sociological. Its purpose is to disentangle some of the issues which arise in the sociology of development, and to question the assumptions and implications of a particular mode of conceptualization based on the notions of modernity and modernization which has provided the characteristic theoretical framework of the sociology of development. The principal assumptions of modernization theory as understood here—often enough made explicit by those who use this approach—are (1) that modernization is a total social process associated with (or subsuming) economic development in terms of the preconditions, concomitants, and consequences of the latter; (2) that this process constitutes a ‘universal pattern’. Obviously among various writers there are differences of emphasis with respect to the meaning of modernization, partly due to its relationship with—or derivation from—that most contentious concept ‘development’. For Lerner modernization is ‘the social process of which development is the economic component’ (Lerner, 1967, p. 21); while Apter sees development, modernization and industrialization as terms of decreasing conceptual generality (Apter, 1967, pp. 67–9). Some writers stress structural aspects while for others ‘the concept of modernization has to do with a transformation of culture and of personality in so far as it is influenced by culture, rather than of some aspect of social organization or of human ecology’ (Stephen‐son, 1968, p. 265). It is hoped that the following discussion is both specific enough to convey the essential aspects of the type of theory under review, and flexible enough to allow for some of the variants on the basic theme in what is a highly condensed survey of a substantial body of literature.1 The critical approach adopted reflects certain ideas about societies and hence the questions social scientists should ask; these preoccupations cannot be discussed fully within present limits but are indicated in the suggestions contained in the concluding section. The first section serves to outline the context in which the concept of development studies arose. This is followed by a schematic outline of the central concepts and conceptual procedures of the sociology of development, and more specifically of modernization theory, which are then criticized on a number of counts. These criticisms lead on to an argument for the use of a historical perspective—moreover, one which results in a re‐examination of the concept of underdevelopment, relating it to the expansion of Western capitalism and the effects of this process on the diverse indigenous societies of what is now called the Third World. The relationships of dependence and exploitation created by the process are exemplified in the colonial situation as narrowly defined though this is by no means the only situation characterized by such relationships. This perspective, developed in the work of certain political economists, can serve as the basis of a sociological approach which would prove more fruitful both in understanding the nature of underdevelopment itself, and in assessing the range of possibilities of development in the Third World, than that generally employed in the sociology of development at present.