Rule of law and democracy in the Western Balkans: addressing the gap between policies and practice

ABSTRACT

Three decades since the beginning of democratization processes, the Western Balkan countries have built a democratic façade by holding elections, by promulgating legal acts guaranteeing freedom of expression, or by constitutionally declaring a strict system of checks and balances. In reality, however, political elites rely on informal structures, clientelism, and control of the media to undermine democracy. Given that formal democratic freedoms are effective only to the extent that political elites are bound by the effective rule of law, the core argument of this study is that the structural weaknesses of democratic institutions are purposefully exploited by domestic regimes, which are able to misuse these fragile institutions to their advantage.     

When Children are the Least Vulnerable to False Memories: A True Report or a Case of Autosuggestion?

In this case report, a legal case revolving around the reliability of statements given by a 6‐year‐old girl is described. She claimed to have witnessed her mother being murdered by her father. Two psychological experts provided diametrically opposed opinions about the reliability of her statements. One expert, a clinician, opined that the girl's statements were based on autosuggestion whereas the other expert, a memory researcher, stated that autosuggestion was unlikely to have played a role. This case and the analysis of the experts' opinions illustrate what may happen when experts in court are unaware of the recent literature on (false) memory. That is, recent studies show that autosuggestion is less likely to occur in young children than in older children and adults. The current case stresses the importance and implications of relying on memory experts in cases concerning the reliability of eyewitness statements.     

Further data on interrogative suggestibility and compliance scores following instructed malingering

Purpose. This study examined whether people can successfully feign high levels of interrogative suggestibility and compliance as measured by the Gudjonsson Suggestibility Scales (GSS) and the Gudjonsson Compliance Scale (GCS) when given instructions to malinger. Methods. Participants (N = 90) were randomly allocated to one of three groups that received: (1) instructions to give into leading questions in order to look vulnerable to suggestions, (2) instructions to be compliant with the examiner, or (3) the standard GSS/GCS instructions. Results. One of the two malingering instructions led to modestly elevated scores of total suggestibility, while subscales remained unaffected. In contrast, both malingering groups obtained highly elevated compliance scores. Conclusions. These findings suggest that heightened suggestibility is rather difficult to malinger, thereby confirming the reliability of the GSS. On the other hand, it might be easier to malingering compliance as measured with the self‐report GCS.     

I Shield Myself From Thee: Selective Avoidance on Social Media During Political Protests

This study examines the phenomenon of politically motivated selective avoidance on Facebook in the context of the Hong Kong Umbrella Movement protests in 2014. We conceptualize selective avoidance as individual choices that users make to shield themselves from undesirable dissonant views by removing unwanted information and breaking social ties that transmit such information. Given the political turmoil and high level of polarization during the protests, we argue that selective avoidance was related to the socio-psychological factor of perceived out-group threat. We present an analysis of a survey of 769 students from Hong Kong conducted at the height of the street protests. We find that 15.6% of the respondents removed content and/or unfriended a Facebook friend during the protests. The use of Facebook for protest-related information and expression was associated with higher likelihood of selective avoidance, which in turn predicted actual participation in the street protests. The level of perceived out-group threat strengthened the positive relationship between Facebook use and selective avoidance. We thus argue that group conflict in a time of political turmoil may catalyze selective avoidance, transforming a heterogeneous socio-informational environment into a more insulated gated community. Such acts may promote protest participation but also lead to a more fragmented and polarized citizenry.     

Leviathans, federal transfers, and the cartelization hypothesis

Federal fiscal arrangements are argued to give rise to tacit collusion among competing Leviathans (Brennan and Buchanan, The Power to Tax, CUP, 1980). Though frequently encountered in academic and policy discussions, the cartelization hypothesis has rarely been scrutinized formally. This paper explores the effect of federal equalizing transfers on Leviathans engaged in tax competition. Contrary to the hypothesis, equalization is found to potentially complement tax competition in taming the Leviathan by implicitly taxing tax revenues extracted by the Leviathan. Thus, transfers might be an appropriate constitutional provision against fiscal expropriation.     

The Legal Effects of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ

This article aims to extract from the jurisprudence of the InternationalCourt of Justice a basic theory of legal effects of unilateralinstruments of international organizations in public internationallaw. These effects can be divided into three categories. Thefirst is substantive effects. These include binding, authorizingand (dis)empowering effects. The second category is causativeeffects, whereby determinations of fact or of law bring substantiveeffects into existence. The third category is modal effects– how and when the substantive effects come into existence(e.g. immediate or deferred, retroactive or non-retroactive,reversible or irreversible effect). Each of these categoriesof legal effects behaves differently according to whether theeffects are intrinsic or extrinsic. Intrinsic effects are basedon the special treaty powers of the United Nations SecurityCouncil and General Assembly. In this hypothesis, all threecategories of effects exist to the full extent that the explicitand implicit powers of the adopting body allow for them. Extrinsiceffects are directly based on general international law, inparticular on the rules of formation of customary internationallaw. Here, there are no causative effects. Substantive effectsdo not strictly speaking exist; only pre-substantive ones do.And modal effects are always immediate, non-retroactive andreversible.     

Mixed fragmented migrations of Iraqis and challenges to Iraqi refugee integration: the Jordanian experience

This article focuses on Iraqis in Jordan who intend to migrate further. It is maintained that the distinction between forced and voluntary migrations and the formal labels used to categorize migrants do not express the complexity of movements within and from the region. It is argued that movements out of Iraq and into Jordan, and further migrations to the West, are underpinned by more than one reason though triggered by force or violence. Indeed, the reasons urging movements of Iraqis in our study took different turns as people got to particular places and faced the context of reception there. We have identified challenges to Iraqi refugee integration and related them to the variety of intended and unintended fragmented movements that go together with multiple changes in formal migrant statuses. The article thus contributes to discussions on mixed migrations and fragmented migrations in the region and portrays the agency of Iraqis in migrating amidst the structural factor of force. The article also provides valuable contributions to discussions on fragmented journeys of would-be asylum seekers in the West.