The CCJ decolonizing Caribbean constitutionalism

The Caribbean Court of Justice was conceived to further the Anglophone Caribbean’s decolonization process. Decolonization included not just transitions from colony to independent statehood but also the repudiation of imperial formations. The Court’s capacity to do this is evident in the McEwan Case. Using bold approaches to interpretation, the CCJ effectively erased the general savings law clause (which was previously treated as effective in immunizing colonial laws from inconsistency with the Bill of Rights) and affirmed the fundamental rights of trans persons. Since those clauses tethered post-independence constitutionalism to colonial era legal arrangements, erasure has the effect of bringing the Constitution forward and home. I argue that erasure is the result of proper methods of interpretation and not overreach since savings clauses are now functionally obsolete. The CCJ also signalled its decolonising capacity by articulating Caribbean identity in inclusive terms. It rightly affirmed that trans persons are entitled to full membership in the political community, in circumstances where its position is likely an anti-majoritarian one. The CCJ is demonstrating its decolonizing capacity in a context where, it is argued, the Privy Council cannot. It is hoped that other Caribbean States will be encouraged to accede to the CCJ’s appellate jurisdiction.     

Toxic Crimes: Examining Corporate Victimization of the General Public Employing Medical and Epidemiological Evidence

This article examines the issue of corporate harm and violence using evidence from medical literature and related studies that focus on the health consequences associated with toxic waste, pesticide and dioxin exposure. These studies provide a useful alternative measure of the harms produced by corporate crimes of violence that are unmeasured in more traditional sources of data. Further, the kinds of health consequences associated with modern industrial production of toxic waste products can be thought of as “criminal” in the broadest sense since alternative, nontoxic methods of production are often available. Examples of these alternative methods of production are provided, along with a discussion of the impact current practices have on minority health. This revised version was published online in July 2006 with corrections to the Cover Date.     

Localizing Gender Equality after Conflict

Debates have grown in recent years concerning the realistic utility and application of international human rights law to a local context. Since 2000, the United Nations Security Council has issued eight Women, Peace, and Security resolutions geared toward promoting gender equality measures in conflict prevention during conflict and post-conflict settings. The first of these resolutions, United Nations Security Council Resolution (UNSCR) 1325, has been adopted by a number of UN Member States through National Action Plans (NAPs), which provide a framework and roadmap for integrating gender equality measures at the domestic level. Although NAPs were once considered promising, they have largely been unsuccessful.

By examining the implementation challenges facing other gender equality measures and localization programs that seek more effective implementation of the Women, Peace, and Security Resolutions, the following argues that a bottom-up approach rather than a top-down approach must be considered more seriously by international actors supporting implementation and integration of international human rights law, not only for the obvious reason that it emboldens local agency in the adoption process, but also because it is likely to produce outcomes that are meaningful and sustainable for the communities most affected by these provisions.

As such, continued emphasis on change that emanates from the top down in a given country often ignores the reality that gender equality measures in international human rights law are often perceived by governments and civil society actors as a serious disruption to domestic gender norms. Sole reliance on state institutions to deliver these commitments is flawed because it fails to recognize the necessary dialog and contestation among various stakeholders concerning the role of external norms in a local context.     

Language,nation and citizenship: contrast,conflict and convergence in Estonia's debate with the international community

This paper investigates the clash of (language) ideologies in Estonia in the post-Communist period. In an analysis of changing Western recommendations and Estonian responses during the transition of Estonia from Soviet Socialist Republic to independent state, we trace the development of the discourses on language and citizenship rights. Different conceptions of the nation-state and of how citizenship is acquired, together with different approaches to human rights, led to disagreement between Estonian political elites and the political actors attached to international institutions. In particular, the Soviet demographic legacy posed problems.

We use a context-sensitive approach that takes account of human agency, political intervention, power, and authority in the formation of (national) language ideologies and policies. We find that the complexities of cultural and contextual differences were often ignored and misunderstood by both parties and that in their exchanges the two sides appeared to subscribe to ideal philosophical positions. In the following two decades both sides repositioned themselves and appeared to accommodate to the opposing view. In deconstructing the role of political intervention pressing for social and political inclusion and in documenting the profound feeling of victimhood that remained as a legacy from the Soviet period and the bargain that was struck, we hope to contribute to a deeper understanding of the language ideological debates surrounding the post-Communist nation-(re)building process.     

Restorative justice and reconviction

Proponents of restorative justice have suggested that its practices have the potential to reduce reoffending by those responsible for a harm. This article examines these claims using the results of two separate studies of the reconviction of offenders dealt with by processes that had restorative characteristics. The first study examines reconviction rates over'a'period'of'six years for a sample of young people who took part in family group conferences. The second study examines outcomes for samples of 100 offenders involved in each of two different community panel pre-trial diversion schemes for adults. One scheme involved offenders and victims meeting together with community panel members to determine outcomes that would repair harm to the victim and contribute to preventing reoffending. The second scheme involved Maori offenders meeting with representatives of their tribe in a setting with spiritual meaning for Maori. Those participating in both the community panel schemes were less likely to reoffend than matched samples of others who had committed similar offenses. There were also economic savings to the criminal justice system when offenders were dealt with by the panels compared to those dealt with by traditional methods. Taken together, these projects indicate that restorative processes and practices can have a positive impact on helping people to avoid reoffending.