Global international relations and the Arab Spring: the Maghreb’s challenge to the EU

Abstract

This article contributes to the Global International Relations project by critically evaluating the roles ascribed to Europe and the EU by Levitsky and Way in their model for explaining regime transitions. Focusing primarily on their international dimensions of linkage and leverage, it assesses both the normative geopolitical underpinnings and explanatory power of their thesis, drawing on the North African cases of Tunisia and Mauritania at the start of the Arab Spring to illustrate and substantiate its observations and arguments. It concludes that the EU’s failure to discipline either country’s competitive authoritarian regime raises important questions about the validity of the privileged role in which they cast Europe.     

Access to justice and human rights in Afghanistan

In anthropological and legal literature, the phenomenon termed ‘legal pluralism’ has been interpreted as a co-presence of legal orders which act in relation to their own ‘levels’ of referring ‘fields’. The Afghan normative network is generally described in terms of pluralism, where different normative systems such as customs, shari’a (Islamic law), state laws and principles deriving from international standard of law (e.g., human rights) coexist. In order to address the crucial question of access to justice, in this article, I stress the category of legal pluralism by introducing the hypothesis of an inaccessible normative pluralism as a key concept to capture the structural injustices of which Afghans are victims. Access to justice can be considered a foundational element of every legal project. Globally, the debates concerning the diffusion and application of human rights develop at the same time ideologically, politically, and pragmatically. Today in Afghanistan, these levels are expressed in all their complexity and ambivalence. It is therefore particularly significant to closely observe the work done by the Afghanistan Independent Human Rights Commission and to discuss the issue of human rights by starting from a reflection on what might be defined a socio-normative condition of inaccessibility.     

Eyes Wide Shut: On Risk,Rule of Law and Precaution

The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty‐uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed the world risk society in second modernity. It is this tension that is the focus of analysis in this article.     

Connecting restorative justice with gender-responsive programming

Despite the encouraging results of public opinion assessments on restorative justice, people are not likely to spontaneously suggest restorative measures after a crime. Restorative justice thus seems in need of a public relations strategy. This paper discusses the strategy labeling victims as the universal remedy to promote restorative justice, and the proposal of promoting restorative justice through the media by foregrounding crime victims in media reports on crime. This strategy stems from a belief that the most appealing aspect of restorative justice to the public is its thoughtfulness to victims. However, I will argue that there are three problems with this approach. These concern: (1) the victim’s position in both restorative justice theory and practice; (2) the characteristics of media reporting on crime in general and victims in particular; and (3) the risk of attaining a result opposite to the initial objective (i.e. increasing punitive attitudes instead of promoting restorative justice).     

Buried voices: Mexican migrants’ views on the question of illegality

How do immigrant Mexican workers perceive the policies and social discourses that regulate their insertion into American society as noncitizens and illegals? Using ethnographic fieldwork and in-depth interviews, evidence is presented that unauthorized Mexican migrants do not consider themselves lawbreakers but rather moral actors responding to difficult socioeconomic conditions. Informed by a keen understanding of the social forces oppressing them, these migrants articulate a discourse of social justice that works as a powerful counterpoint to the hegemonic ideas of citizenship, belonging, and illegality. A careful analysis of migrant social reflexivity offers a much-needed corrective to the prevailing top-down perspective typically offered among contemporary scholars. By looking at the ways in which migrants make sense of immigration policies and articulate their right to have rights, this examination departs from the widespread tendency among scholars and policy makers of analyzing the migrant’s social and civic status as a matter of assimilation and immigration control.     

Human rights violations and genocide in the Democratic Republic of the Congo

The massacres that took place in the Democratic Republic of Congo (DRC) between 1996 and 2003 have posed an interesting challenge to the global community, specifically to its more powerful members. Ironically, the Tutsi-dominated government of Rwanda enjoys international recognition and benefits based on the genocide, Rwanda suffered in 1994, but continues to deny the same benefit to Hutus as they were accused of leading a counter-genocide campaign then in the DRC. While the people of the DRC, as well as human rights activists, call for justice for all who were affected, the government of Rwanda, strongly backed by a number of powerful international powers, opposed attempts by the international community to pin charges of genocide perpetrated by its army in the DRC on it. Because of the clear negation of the genocide report by the Rwandan government, the nature of human rights, human rights violations, and genocide criteria proposed and defended by key members of the international community in relation to the mass killings in the DRC are examined.     

European democracy,parliamentary decline and the ‘democratic deficit’ of the European Union

This article examines two different, yet interrelated, phenomena: parliamentary decline in western Europe and the ‘democratic deficit’ of the European Union (EU). It argues that the latter has helped to consolidate, and in certain areas, facilitate, the former. This is illustrated by two sets of empirical studies, covering first the European Community (and in particular the Common Agricultural Policy and Economic and Monetary Union) and then the Common Foreign and Security Policy, and co‐operation in Justice and Home Affairs. The main conclusion to be drawn is that a simple reordering of some policies within and across different pillars will not remedy the current democratic shortfalls of the EU which stem as much from the inadequacy of existing parliamentary structures to hold EU decision makers to account, as from the absence of a European demos. The combined effects of the above are particularly crucial for the democratic viability of the emerging European polity which, as with any other political system in the modern democratic era, needs to strike a balance between efficiency and accountability.     

Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

Book reviews

The Animal Rights/Environmental Ethics Debate ‐ The Environmental Perspective Edited by Eugene C. Hargrove. Albany, New York: State University of New York Press, 1992. Pp.xxvi, 261. Index. $19.95.