External Factors: Facilitating Military and Political Stability in South Asia

The Cambridge Review of International Affairs interview with George Perkovich, conducted in February, 2001, provides an in-depth and up to date perspective of regional stability in the Indian subcontinent. Although the Kashmir conflict and terrorism in the region are coming under increased international scrutiny, the role played by external players with varying economic and strategic interests in both countries in shaping Indo-Pak interactions is limited. Domestic and external influences on the region compete with one another, maintaining a stalemate in the region. Long-lasting subcontinental stability can occur only if India and Pakistan actively choose to reconcile their differing views on the pressing issues of Kashmir and terrorism therein. Widely considered an expert on Indo-Pak nuclear politics and prize-winning author of India's Nuclear Bomb , Dr Perkovich outlines his understanding of the nature of the South Asian stand-off, and the possible effects of international efforts for its peaceful resolution.     

The European Court of Justice and the Annulment of the Tobacco Advertisement Directive: Friend of National Sovereignty or Foe of Public Health?

In Case C-376/98 Germany v Council the European Court of Justice annulled a Directive which banned the advertisement and sponsorship of tobacco. The judgment sanctions regulatory policy-making at the national rather than the Community level. The paper examines the legal basis of the annulment, its effect on economic efficiency and the implied role of the Court in the formulation of public policy in Europe. Within the institutional limits of the judicial power to determine policy, the Court focused on whether or not disparate national laws restrict free movement and distort competition and affirmed the primacy of the nation state to regulate economic activity.     

Courting Justice? Legitimation in Lawyering under Israeli Occupation

Israel has since 1967 administered the West Bank and Gaza Strip through highly legalistic and strongly repressive military governments. Has advocacy in Israeli courts on behalf of Palestinian residents of the West Bank and Gaza Ship has kgitimaed, and thus helped to perpetuate, ongoing Israeli military occupation of those regions? By examining legitimation in lawyering under lsraeli occupation, insight can be gained into the factors and their relative weights that lawyers facing harsh or repressive regimes must consider in balancing the costs and benefits of litigation to serve a social or political opposition movement. The author concludes that the benefits outweigh the legitimating effects of lawyers’work and that, on balance, Palestinians’election to seek representation in Israeli courts, and lawyers’choice to assist them, has been justified.     

Justice Excused: The Deployment of Law in Everyday Political Encounters

This paper examines the use of legal claims by government officials and citizens in everyday political encounters involving civil rights. Data come from 580 letters sent to the federal government between 1939 and 1941, and from the replies sent by the newly formed Civil Rights Section of the Justice Department. In almost every case, the department refused to intervene and explained its refusal by making legal claims about federal jurisdiction. These legal claims masked the department's discretionary choices and thus helped depoliticize the encounters. Surprisingly, however, a substantial number of letter writers challenged the government's legal claims by deploying their own legal and moral arguments. The willingness of these citizens to challenge official legal pronouncements cautions against making broad generalizations about the capacity of ordinary people to respond effectively when government officials deploy legal rhetoric.