Courts and the politics of secrecy: national security,human rights and the importance of supranational oversight

Abstract

The article examines the use of state secrecy in court litigation concerning alleged gross human rights violations committed in the struggle against terrorism, focusing specifically on cases of extraordinary rendition and comparing the performance of courts in the United States, in Italy and the European Court of Human Rights (ECtHR). The article explains that national courts have validated the assertion by national governments of the state secret privilege in litigation involving cases of extraordinary rendition, ensuring de facto immunity to individuals involved in gross human rights abuses. On the contrary, it underlines that the ECtHR has pierced the veil covering these ‘deep secrets’, undertaking a strict scrutiny of acts of extraordinary rendition to torture committed by governments in the name of national security. As the article argues, the success of the ECtHR can be explained by a number of reasons, including distance, time and institutional design. In conclusion, the case law of the ECtHR on secrecy and national security confirms the continuing importance of supranational courts as instruments of external oversight on the human rights practice of European states.     

Evaluating Transport Infrastructure Projects in Low Data Environments: An Application to Nigeria

Transport infrastructure consumes a large fraction of the development assistance envelope. Yet procedures for evaluating transport infrastructure projects are typically ad-hoc. This paper proposes an approach to assess the differential impacts of alternative investment proposals in data constrained environments where conducting reliable impact analyses is difficult. We first demonstrate a technique for estimating the cost of transporting products to markets. We then estimate the impact of improving the road network on economic activity. Finally, we perform simulations to demonstrate a methodology for prioritising alternative investments. The analysis demonstrates a pragmatic, though rigorous, approach for assessing transport infrastructure benefits.     

Source Cues, Partisan Identities, and Political Value Expression

This article examines the conditions under which partisan identities shape the positions people express on four political values: equal opportunity, self-reliance, moral traditionalism, and moral tolerance. The theoretical framework posits that (1) party source cues activate latent partisan biases in the minds of citizens, which in turn affect the degree to which individuals express support for these values; (2) out-party cues are more powerful motivators of value expression than in-party cues; (3) value shifts are more pronounced when liberal-conservative identities reinforce partisan sentiments; and (4) partisan cues promote horizontal constraint among these values. These hypotheses are tested using data from a set of experiments appearing on a novel national survey. The empirical results generally support these theoretical expectations.     

Fluctuating Saudi and Emirati Alignment Behaviours in the Horn of Africa

ABSTRACT

The overthrow of Omar al-Bashir after three decades of rule has brought to light a dynamic that has been present for years: an interweaving of political, economic and security issues between the states of the Horn of Africa and the Gulf monarchies. Since 2011, the most active powers are the Kingdom of Saudi Arabia and the United Arab Emirates, which seek political support to counter both Iran’s influence and the growing Turkish presence. The two Gulf monarchies’ search for alignments with African counterparts has favoured the continuous reshuffling of alliances with direct effects on the local actors’ strategic choices. These dynamics need to be considered to understand the determinants behind the currently increasing instability in the Red Sea area.     

Exploitation in Human Trafficking and Smuggling

This article explores the mechanisms that underpin human smuggling and trafficking. It argues for the continued analytical relevance of the distinction between “trafficking” and “smuggling”, as posited by the 2000 UN Protocols. While this distinction has come under sustained criticism from several authors over the last 15 years, it nonetheless continues to capture the essential features of two distinct phenomena (control over a human being vs. illegal entry into a country), and acknowledges the role of agency in smuggling. The paper goes on to discuss three different scenarios that may emerge as a result of the interplay between smugglers and smuggled persons, and it specifies the role of exploitation in each scenario. In addition, the paper offers empirical evidence of the key building blocks of smuggling — namely the search for reliable information and the reaching of an agreement in regard to the service offered — and of how smuggling can turn into trafficking. This work concludes by drawing out the relevant policy implications.     

Two Meanings of ‘Reasonableness’: Dispelling the ‘Floating’ Reasonable Doubt

The ‘reasonable doubt standard’ is the controlling standard of proof for criminal fact finding in several jurisdictions. Drawing on decision theory, some scholars have argued that the stringency of this standard varies according to the circumstances of the case. This article contends that the standard does not lend itself to the ‘sliding‐scale’ approach mandated by decision theory. This is supported through investigation of the concept of ‘reasonableness’. While this concept has mostly been studied as it operates with reference to practical reasoning, scant attention has been given to the meaning that it acquires when referred to theoretical reasoning. Unlike in the former case, reasonableness does not in the latter depend on the reasoner's attitudes in favour of the outcomes of a decisional process. Therefore, since criminal fact finding is an instance of theoretical reasoning, the question whether in this enterprise a doubt is reasonable is not susceptible to a decision‐theoretic approach.     

Social Determinants and E-Disclosure： Empirical Evidence From Spain

In the last few years, new communication tools have been changing the relationship between administration and citizens in order to enhance public accountability that is essential for government transparency. Public accountability and transparency on the web are topics that have attracted the interest of several scholars, who have begun to investigate the determinants of disclosure. The local government＇s websites have become the main channel for communication with stakeholders and the most important disclosure tools. This paper explores the use of websites by local governments; especially, its aim is to find out which social determinants predict the diffusion of e-disclosure in the public sector in light of agency theory and neo-institutional theory. In particular, the paper contributes to increasing the literature on the e-disclosure, moreover, the scoring system for the e-disclosure analysis in public local government is proposed. The analysis is carried out on a sample of local governments （LGs） in Spain during 2012.     

Is there a Southern European Healthcare Model?

Is there a typically Southern European model of healthcare? To answer this question it is not enough to find similarities between the Greek, Italian, Spanish and Portuguese health systems: it is also necessary that these similarities be in some way distinctive. For this reason the author compares these Southern European countries with other Western European countries, in particular those which, like the southern countries, have adopted a national health service. Notwithstanding the eccentricities of the Greek case, this comparison shows how the four healthcare systems share certain characteristics which effectively distinguish them from their Northern European counterparts. These traits are particularly evident in the birth of the national health service, the legacy of the previous health insurance system, the composition of healthcare costs, the rule of private hospitals, the entitlements of patients, and patients' level of satisfaction with the healthcare system.