National Constitutional Courts,the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape

This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influence the direction in which the relationship between the CJEU and constitutional courts will evolve. This article discusses several reasons that may result in better or a higher number of judicial interactions, as well as factors that may create tension or cause problems in the relationship between the CJEU and national constitutional courts. As such, it offers a framework that may help us to understand future post-Charter judgments by these courts setting out how they conceive their engagement with their counterpart(s) on fundamental rights issues.     

Fuel Distribution in Brazil： Profile and Stability of Plural Governances

This paper is dedicated to the study of governances adopted by fuel distributors in their transactions with gas station retailers in the State of Sgo Paulo. With the deregulation of the market, plural forms were allowed and have been a recurring presence. The main aim of the paper is to investigate why these plural forms have remained on the market The main hypothesis of this paper is that the plural forms found are transitory, not as a result of increased efficiency and reduced transaction costs, but because plural forms have become a key strategic step in securing business partners and promoting greater growth of the firm. Moreover, it is argued that the institutional environment has a significant influence on the coordination of plural forms, directly interfering with their stability. The research method was qualitative research with a group of 25 distribution companies which account for about 80% of sales of ethanol and gasoline in the domestic market.     

Steve Biko as existentialist communicator

Abstract

Despite ongoing interest and reflection on the work and ideas of Stephen Bantu Biko (1946–1977) in South Africa, no scholarly contribution from a communicological perspective has been published yet. While Biko regarded himself first and foremost as a freedom fighter who aimed to topple the apartheid regime, many regard him more as a philosopher – perhaps an ‘organising philosopher ’ or a sort of ‘social and political philosopher ’ as Sono (1993, 90ff.) puts it. More (2008, 64) goes further and argues that Biko, in his writings, displays a definite philosophical outlook, ‘an Africana existentialist preoccupation with “being-black-in-an-antiblack-world” and [a preoccupation with] questions of “black authenticity ” and “black liberation”’. The main aim of the article is to consider whether Biko as communicator makes human communication as a mode of existence come alive. Biko never addressed the problematic nature of human communication directly. The article concludes that Biko may be regarded as a foremost existentialist communicator during apartheid South Africa, and that his thoughts on meaningful and authentic existence remain relevant for confronting the vexing challenges facing contemporary South African communities.     

Killing and Voting in the Basque Country: An Exploration of the Electoral Link Between ETA and its Political Branch

We deal in this article with the relationship between ETA attacks and electoral support for Batasuna, its political wing. We show that the relationship is twofold, since the geographical distribution of electoral support for the terrorists affects the location of ETA attacks, but violence also influences electoral support for the terrorist cause. On the one hand, when ETA chooses a location for its attacks, it takes into account the electoral strength of Batasuna. Our results show that the higher the vote for Batasuna in a municipality, the more likely members of the security forces will be killed there. With regard to the targeting of civilians, the relationship is curvilinear. ETA kills civilians in municipalities that are polarized, where support for Batasuna falls short of being hegemonic. On the other hand, our results also show that ETA attacks have an effect on the size of its support community. When ETA kills members of the security forces, voters punish the Batasuna party electorally. In the case of civilians, it depends on the specifics of the various campaigns. We find that when ETA kills informers and drug-dealers, the vote for Batasuna increases. ETA's killing of non-nationalist politicians, however, decreases Batasuna's vote share.     

Evaluation of Dutch support to capacity development

Support for capacity development accounts for about 25 per cent of all international donor assistance. Yet there have been few evaluations to assess the effectiveness of this support. This paper presents the findings and lessons of an evaluation on Dutch support for capacity development that has tried to avoid some of the shortcomings of earlier evaluations. Dutch capacity development support has been effective in a number of cases. However, for sustainable capacity development it is crucial that donors reconsider their policies and practices in such a way that they facilitate endogenous capacity development, local resourcefulness, and downward accountability.

évaluation du soutien néerlandaise au développement des capacités

Le soutien apporté au renforcement des capacités représente environ 25 pour cent du total de l'assistance apportée par les donateurs internationaux. Cependant, peu d’évaluations ont été menées pour estimer l'efficacité de ce soutien. Ce document présente les conclusions et les enseignements d'une évaluation du soutien au renforcement des capacités apporté par les Pays-Bas, évaluation qui s'est efforcée d’éviter les défauts d’évaluations antérieures. Le soutien au renforcement des capacités apporté par les Pays-Bas s'est révélé efficace dans un certain nombre de cas. Cependant, pour parvenir à un renforcement des capacités durable, il est crucial que les donateurs revoient leurs politiques et leurs pratiques afin de faciliter le renforcement endogène des capacités, la ressource locale et la redevabilité descendante.

Evaluación de la ayuda holandesa al desarrollo de capacidades

Aproximadamente 25% de todos los donativos internacionales para la asistencia se destinan al desarrollo de capacidades. Sin embargo, existen pocas evaluaciones que valoren la eficacia de estos apoyos. En este artículo, se presentan los hallazgos y las experiencias obtenidas a partir de la evaluación realizada en torno a un apoyo efectuado por donantes holandeses, que fue destinado al desarrollo de capacidades. Dicho apoyo intentó evitar algunas de las fallas encontradas en evaluaciones anteriores. El apoyo holandés para el desarrollo de capacidades ha sido eficaz en algunos casos. No obstante, para que éste sea sostenible, resulta esencial que los donantes reorienten sus políticas y sus prácticas, de tal forma que se promuevan el desarrollo de capacidades endógenas, la ingeniosidad local y la rendición de cuentas dirigida a la base.

Avaliação sobre o apoio holandês ao desenvolvimento de capacidades

O apoio para o desenvolvimento de capacidades representa cerca de 25 por cento de toda a assistência de doadores internacionais. Porém, poucas avaliações têm sido feitas para analisar a efetividade desse apoio. Este artigo apresenta as conclusões e lições de uma avaliação sobre o apoio holandês ao desenvolvimento de capacidades que tenta evitar algumas das deficiências das avaliações anteriores. O apoio holandês ao desenvolvimento de capacidades tem sido efetivo em vários casos. Porém, para o desenvolvimento de capacidades sustentáveis, é crucial que os doadores reconsiderem suas políticas e práticas de forma que elas promovam o desenvolvimento endógeno de capacidades, as habilidades locais e a prestação de contas em sentido descendente.     

(Self) Regulating War?: Voluntary Regulation and the Private Security Industry

Private security companies' growing participation in U.S. and international military missions has raised concern about whether the private security industry is subject to sufficient controls. Industry self-regulation is often proposed as part of a multilayered framework of regulations to govern PSCs. But what can self-regulation contribute to regulation of the private security industry? This matters because privatization in the security realm has moved beyond understandings of the proper breakdown of public and private functions concerning the use of force. This article assesses what self-regulation can contribute to the control of this industry and whether the private security industry lends itself to effective self-regulation. It concludes that the private security industry does not exhibit the capacity to adopt and implement effective self-regulation on its own. If self-regulation is to complement state and international regulation, participation in the design and oversight of self-regulation must be broadened beyond private security companies alone.     

A Selected Bibliography on Occupied Beijing, 1937-1945

Abstract

This article examines the anti-French campaign triggered by the Laoxikai incident — a dispute in 1916–17 over lands bordering the French concession in Tianjin. The incident was a focal point for competing narratives of the nation, each drawing on traditions and inspirations that implied divergent futures for China. Constitutional monarchism, true monarchism, republicanism, and Christianity all played into the power struggles of the 1910s. This article also addresses the role of violent coercion in the incident, in which nationalism began to legitimate “punishment” of Chinese who continued working with the French. The nationalists felt shame on behalf of their nation, and through public humiliation they forced Chinese who appeared indifferent to the nation to share in the national shame. This development accelerated a trend of nationalistic violence and the discourse of “national humiliation”.     

Engaging environmental turbulence: drivers of organizational flexibility in the armed forces

Since the transformation was set in motion to change Western armed forces from large-scale mechanized defensive organizations into smaller agile expeditionary crisis response forces, the call for organizational flexibility has rocketed. Yet, actual research into the key organizational drivers of flexibility has hardly been done. To bridge this gap, the present study has analyzed to what extent modular organizing and organizational sensing have contributed to flexible military crisis response performance. The study uses the Netherlands’ armed forces as a representative example of a contemporary Western crisis response organization and empirically draws upon its recent operational experiences. It has uncovered that within most mission contexts, modular organizing acts as a facilitator for the organizational sensing process. Yet, within highly turbulent crisis response missions, organizational sensing becomes the predominant driver, stimulating ad hoc solutions that challenge existing structures, available technology, and standard procedures.     

Evaluating the potential of Protestant Christianity to stimulate democracy and good governance in sub-Saharan Africa through the valuing of the individual

ABSTRACT

The global distribution of Christians is expected to change by 2050, with the largest proportion of Christians – more than a billion – residing in sub-Saharan Africa. Historical and empirical studies have argued for a positive relationship between the proportion of Christians – Protestants in particular – and the development of liberal democracy. A key explanation for this positive influence is cultural, namely the valuing of the individual. Could the growth in Christianity have the potential to influence democratic development and good governance in the sub-Saharan region? To test our hypotheses – (1) sub-Saharan states with proportionally larger Protestant populations are more likely to have higher levels of democracy and good governance, and (2) sub-Saharan states with growing Protestant populations are more likely to have increasing levels of democracy and good governance – we employ a longitudinal and cross-sectional study (a panel of data) using data from the World Christian Database, Polity IV and the International Country Risk Guide. Our data show that the population share of Protestants is positively related with both levels of and growth in democracy and good governance. With the spread of Protestantism we could expect the future improvement of democracy and governance in the region.