Rule of law and democracy in the Western Balkans: addressing the gap between policies and practice

ABSTRACT

Three decades since the beginning of democratization processes, the Western Balkan countries have built a democratic façade by holding elections, by promulgating legal acts guaranteeing freedom of expression, or by constitutionally declaring a strict system of checks and balances. In reality, however, political elites rely on informal structures, clientelism, and control of the media to undermine democracy. Given that formal democratic freedoms are effective only to the extent that political elites are bound by the effective rule of law, the core argument of this study is that the structural weaknesses of democratic institutions are purposefully exploited by domestic regimes, which are able to misuse these fragile institutions to their advantage.     

From Dayton to Bernese Jura: The Election of the Croat Member of the Presidency of Bosnia and Herzegovina

After the signing of the Dayton Agreement, critical literature has attempted to portray consociation in Bosnia and Herzegovina as the predominant source of the country's political problems. At the same time, this literature has widely neglected the centripetal rules that have existed since the first elections of the tripartite Presidency. The paper analyzes the outcomes of the existing centripetal cross-ethnic vote pooling rules. It concludes that such outcomes are negative and it then discusses a possible solution by drawing inspiration from the application of the Bernese Jura's geometric mean. The paper focuses on the election of the Croat member in the tripartite Presidency as representative of the least numerous ethnic group. We argue that the application of the geometric mean based upon results in Croat-majority municipalities could eliminate certain grievances and weakens the chances for election of the Croat member by voters from dominantly Bosniak areas.     

Die Zusammensetzung des Schweizerischen Bundesrates nach Partei,Region, Sprache und Religion, 1848–2015

Verschiedene Kriterien sind für die Wahl in den Bundesrat bedeutend. Seit 1999 muss die Bundesversammlung darauf Rücksicht nehmen, dass verschiedene Sprachen und Regionen der Schweiz im Bundesrat angemessen vertreten sind (Art. 175 Ab. 4 BV). Zusätzlich achtet das Parlament darauf, dass ein gewisser Parteiproporz und die Präsenz beider Geschlechter in der Regierung gesichert werden. Früher war auch die konfessionelle Zugehörigkeit der Bundesratsmitglieder ein Thema und bis 1999 durfte maximal eine Person pro Kanton amtieren. Mittels einer Vollerhebung relevanter Merkmale aller Mitglieder des Bundesrates seit 1848 und einer, verglichen mit bisherigen Studien, differenzierteren Auswertungsmethode legen wir einen präzisen Überblick über die Vertretung der Parteien, Regionen, Sprachen und Religionen in der Regierung vor. Ein Anwendungsbeispiel – der potentielle Einfluss des Übergangs vom Majorz‐ aufs Proporz‐Wahlsystem für die Wahl des Nationalrates im Jahr 1919 – illustriert, wie diese Daten für wissenschaftliche Zwecke genutzt werden können.     

Critical legal and environmental view on the Ramsar Convention in protection from invasive plant species: an example of the Southern Pannonia region

The emergence and continued expansion of one of the most dangerous causes of biodiversity loss and habitat alteration such as invasive species at some Ramsar wetlands of the Southern Pannonia raise a series of questions of both an environmental as well as a legal character relevant to these fragile ecosystems. The Ramsar Convention provides a set of general instructions and guidelines, but it does not establish an adequate mechanism of sanctions that could be imposed on states or individuals who violate its provisions. Fully aware of the importance of wetlands and their wildlife for a healthy living environment and human welfare, the authors of this paper describe the present conditions of invasive plant species at some Ramsar Sites and briefly analyze the current legal framework for the implementation of the Ramsar Convention. Finally, the authors propose innovative normative solutions that would improve the protection of wetlands and contribute to the suppression and prevention of the presence of invasive species not only in this region, but also worldwide.     

No child left behind in the European Union?: the position of Romani children

This paper analyses how different EU documents (communications, recommendations, reports and surveys, etc.) focusing on Roma frame the position of Romani children. Many studies have shown that because of their intersectional positioning, Romani children often face multiple discrimination and triple exclusion: on the basis of their ethnicity, their age and their socio-economic status. The paper comments on selected findings on Roma in the Second European Union Minorities and Discrimination Survey published by the Fundamental Rights Agency in late 2016. One of the main findings of this Survey was that 80% of Roma live below the country-specific risk of poverty line in all EU Member States in which the Survey has been conducted. By specifically examining the implication this finding has for the position of Romani children, I argue that their position is, in fact, produced and reproduced with systemic, but also everyday racism. When it comes to Roma, but specifically Romani children, not even the European Union (EU), based on principles of fundamental human rights, is immune to such phenomena.     

Policies and practices of fertility control under the state socialism

The socialist state run modernization produced low fertility throughout Eastern Europe. Fertility rates started falling soon after the end of the Second World War quickly reaching below replacement levels in many areas. This article examines the state responses to the falling fertility as well as birth control practices that individuals relied on in order to maintain small families. After outlining some common features of population policies under the state socialism, the article focuses on family planning policies in Yugoslavia. It is argued that liberal population policy and uninterrupted liberal abortion legislation in Yugoslavia, resulted, among other reasons, from the communist leadership's commitment to national and gender equality, respectively. It is further argued that gender hierarchy within the marriage and family remained almost untouched by the socialist project of women's emancipation and that these hierarchical gender relations shaped birth control practices in specific ways.     

Are There Universal Collective Rights?

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists.     

Testing the China Threat paradigm: China's high-speed railway diplomacy in Southeast Asia

Vying for high-speed railway projects overseas has become a prominent feature of China's diplomacy in recent years, including in Southeast Asia. These efforts have been widely depicted within the premises of the China Threat narrative – as a part of Beijing's agenda to alter the power balance in Southeast Asia at the expense of the economic, political, and security well-being of countries in the region. This paper challenges such interpretations and concludes that these projects do not have either the intention or capacity to facilitate such a hostile and far-reaching agenda toward the region.     

Neutrality,autonomy, and power

This paper critically examines Alan Patten’s theory of neutrality of treatment. It argues that the theory assumes an inadequate conception of personal autonomy, which undermines its plausibility. However, I suggest that the theory can resolve the problem by developing and reinterpreting its conception of autonomy and introducing an additional strategy for addressing the power imbalances that result from the market-based interactions between individuals and their conceptions of the good.     

Localized Islam(s): interpreting agents,competing narratives,and experiences of faith

This special issue investigates contemporary transformations of Islam in the post-Communist Balkans. We put forward the concept of localized Islam as an analytical lens that aptly captures the input of various interpreting agents, competing narratives, and choices of faith. By adopting an agent-based approach that is sensitive to relevant actors’ choices and the contexts where they operate, we explore how various groups negotiate and ultimately localize the grand Islamic tradition, depending on where they are situated along the hierarchy of power. Specifically, we outline three sets of actors and narratives related to revival of Islamic faith: (1) political elites, mainstream intellectuals, and religious hierarchies often unite in safeguarding a nation-centric understanding of religion, (2) foreign networks and missionaries make use of open channels of communication to propagate their specific interpretations and agendas, and (3) lay believers tend to choose among different offers and rally around the living dimension of religious practice. Contributions in this issue bring ample evidence of multiple actors’ strategies, related perspectives, and contingent choices of being a Muslim. Case studies include political debates on mosque construction in Athens; political narratives that underpin the construction of the museum of the father of Ataturk in Western Macedonia; politicians’ and imams’ competing interpretations of the Syrian war in Kosovo, Macedonia, and Albania; the emergence of practice communities that perform Muslim identity in Bulgaria; the particular codes of sharia dating in post-war Sarajevo; and veneration of saints among Muslim Roma in different urban areas in the Balkans.