Domestic judicial defiance and the authority of international legal regimes

Tensions and occasional overt defiance of international courts suggest that compliance with international regimes is not a self-evident choice for domestic judges. I develop a formal theory of domestic judicial defiance in which domestic and supranational judges vie for jurisprudential authority in a non-hierarchical setting. The model emphasises the role of domestic non-compliance costs and power asymmetries in determining the conduct of domestic and international judges. I argue that the EU represents a special case of a particularly effective international regime. Weak domestic courts have little to gain from an escalated conflict with the European court of Justice. But even domestic judicial superpowers like the German Federal Constitutional Court have strong incentives to seek mutual accommodation with European judges. The analysis also yields new insights into concepts, such as “judicial dialogue” and “constitutional pluralism” that have featured prominently in the legal literature, and suggests new hypotheses for empirical research.     

Somali pirates: villains or victims?

The proliferation of piracy activity off the coast of Somalia has received a fair share of international attention. Its consequences have included a destabilising effect on trade, security and humanitarian aid. This has served to give reason for the deployment of multi-national forces by some of the countries affected by the scourge. While naval patrols have reduced the success rate of piracy attacks in some areas, there has been little respite in piracy incidents with the overall number of attacks and their geographic scope increasing. Piracy off the coast of Somalia has, in fact, evolved into organised syndicates with transnational networks. The problem is that various international actors have largely viewed piracy off the coast of Somalia in terms of threats to their own national interests and security. They have, thus, dealt with the issue in isolation from its wider context, which has not succeeded in ending the attacks. This article argues that to deal with the piracy problem more meaningfully, there is need for a contextual framework beyond addressing the ‘illegal’ activities. Piracy is a complex problem, with political, legal, social, economic, security and even human rights dimensions, and calls for a truly holistic approach that, especially, seeks to address the root causes on land. The article calls for a change in strategies in order to facilitate a ‘local Somali solution’ rather than an international one that is acceptable to the sensibilities of international actors. The article emphasises the need to extend the strong international cooperation demonstrated on the high seas in the fight against piracy to the fight against root causes of piracy onshore.     

Double Decades of Existence of the Kilum-Ijim Community Forest in Cameroon: What Conservation Lessons?

Abstract

Abstract

At a time when natural forests remain a substantial framework for solving manifold human-induced environmental problems, forest conservation efforts have often been met with a number of challenges, especially in the midst of growing populations of forest-adjacent communities in the developing countries of the world. However, the initiation of the Kilum-Ijim Forest Project in the Western Highland region of Cameroon (erroneously considered to have been a naturally savannized environment) twenty years ago tells a success conservation story. This study, therefore, examines the fate of the Kilum-Ijim Forest prior to the forest conservation project, the conservation efforts put in place to protect and restore the biodiversity of the area, the conservation challenges, and also proposes other areas of intervention for a continuous successful conservation legacy. Due to the constant population pressure and the resultant overexploitation of the Kilum Mountain forest, the original forest size, estimated at 17,500 hectares in 1963, was reduced to 10,500 hectares by 1983. In recognition of the umbilical link between forest and forest-adjacent communities, the Cameroon Government and BirdLife International liaised with the adjacent tribal communities for a sustainable way of managing the forest. While these communities benefit through the non-consumptive use of the forest and other alternative livelihood means, the ecological viabilities of the forest are equally promoted through biodiversity restoration. Due to this community-based management approach, the Kilum-Ijim forest remains an outstanding example of a richly endowed highland montane forest, with a number of endemic wildlife species. Today, conservation efforts have restored the forest size to over 20,000 hectares. Having understood the need for forest conservation and the ensuing conservation benefits, perhaps it is time to increase the forest conservation sites while more alternatives serving human needs are designed and promoted. This conservation legacy should also serve as an example worth emulating in other highland regions with a history of forest degradation.     

Research on African Women since 1972: A Commentary

This article discusses several problematic aspects of the call for reparations to Africa for the slave trade. The call for reparations is based on questionable interpretations of international law, and questionable interpretations of history. There are debates regarding both the numbers of slaves, and the characteristics of slavery, in the Americas, the Arab world, and Africa itself, which influence consideration of whether reparations are justified. There are also debates regarding both the contribution of the trans-Atlantic slave trade to Western development, and how the trade under-developed Africa. Thus, the call for reparations is heavily based on a counterfactual approach. Nevertheless, serious discussion of whether the West owes reparations to Africa for the slave trade might deflect the future consequences of political resentment of the West in Africa.     

Can a developing democracy benefit from labour repression? Evidence from Sri Lanka

While a growing body of academic literature casts doubt on the wisdom of authoritarian responses to labour in developing democracies, few empirical studies demonstrate the adverse effects of excluding organised labour from the policy arena or repressing trade unions in the industrial relations arena. This paper draws on the recent history of state–labour relations in Sri Lanka to help fill this gap. Beginning in the late 1970s, the Sri Lankan government adopted a labour-repressive export-oriented strategy of development. The author shows how the repression of private sector unions during this period destroyed the legitimacy of traditional left unions and the structure of institutionalised bargaining that was in place prior to Sri Lanka's authoritarian period. This erosion of the system of institutionalised bargaining eventually led workers to shift their support to more radical, ‘new left’ unions and culminated in a wave of extreme and violent forms of protest that chased away much needed foreign direct investment. The chaotic consequences of the labour repression suggest two primary conclusions: (a) that prior democratic mobilisation may make labour repression untenable over the long term; and (b) that repression may backfire, creating bursts of highly visible and destabilising protest that undermine the developmental objectives of neoliberal reforms.     

Predicting motor vehicle crash involvement from a personality measure and a driving knowledge test

Typically, safety‐related driver education programs are aimed at changing knowledge of vehicle operation rules and regulations. However, vehicle crashes are as likely to be related to driver personality variables as they are to the knowledge of vehicle operation and rules and regulations. In a study with 48 licensed drivers, crashes were found to be significantly correlated with conscientiousness, a five‐factor model personality dimension, but not with scores on a driving knowledge test. It would appear that prevention efforts should also be directed at changing conscientiousness‐related behaviors, including an emphasis on goal‐setting, and following rules and regulations.     

The German Federal Constitutional Court and European Judicial Politics

With its decision on the ratification of the Lisbon Treaty, the German Federal Constitutional Court (FCC) has handed over another landmark ruling on European integration. The ruling made Germany's ratification of the Treaty conditional upon the passage of a new law giving the Bundestag greater oversight of European affairs. This and the consequences of stronger parliamentary oversight for the German government and the way it conducts negotiations at European level have been the focus of most early comments on the decision. No less important, however, are the ruling's potential repercussions on European judicial politics. Coming after a series of highly controversial judgments by the European Court of Justice, the FCC's Lisbon decision is clearly meant as a warning to Brussels and, above all, Luxembourg. The decision could undermine the Court of Justice's authority and encourage non-compliance on the part of national courts, thus bringing about a constitutional crisis at European level. Alternatively, the decision may compel the Court of Justice to reconsider some of the most controversial aspects of its activist jurisprudence and to exert more restraint in the foreseeable future.