War and Democratization: Legality,Legitimacy and Effectiveness

Promotion of democracy in post-war and post-conflict societies became a hot topic during the 1990s. External actors linked their peace-building efforts to the promotion of democracy. Four modes of promotion of democracy by external actors can be distinguished: first, enforcing democratization by enduring post-war occupation (mode 1); second, restoring an elected government by military intervention (mode 2); third, intervening in on-going massacres and civil war with military forces (‘humanitarian intervention’) and thereby curbing the national sovereignty of those countries (mode 3); and fourth, forcing democracy on rogue states by ‘democratic intervention’, in other words, democracy through war (mode 4). In this special issue we consider the legality, legitimacy, and effectiveness of the four modes where the international community of states not only felt impelled to engage in military humanitarian or peace-building missions but also in long-term state- and democracy-building. All cases analysed here suggest that embedding democratization in post-war and post-conflict societies entails a comprehensive agenda of political, social, and economic methods of peace-building. If external actors withdraw before the roots of democracy are deep enough and before democratic institutions are strong enough to stand alone, then the entire endeavour may fail.     

Customising Freedom of Information Law Reform in South Pacific Micro-States

Abstract

This article highlights the importance of adopting a pluralist approach to developing freedom of information (FOI) schemes within specific states in an age of ‘adopter intensification’. The limitations of imposing universal ‘off the shelf’ schemes without addressing multifaceted and unique state requirements are highlighted. The South Pacific Region is utilised as an example that demonstrates adoption is merely the initial and simplest step in an ongoing process of adaption and implementation. Comprehension of the ongoing commitment required in implementing effective FOI schemes should exist prior to legislative conception. Draft schemes must consider not only the supply and demand element of FOI within specific states, but also their broader macro- and micro-level intricacies. Vanuatu and Tonga are used as examples to demonstrate that even where a pluralist and staged approach is undertaken progress can still be slow and problematic.     

Is there a role for the application of customary law in addressing aboriginal criminality in Australia

In the past decade, there has been no shortage of empirical evidence that supports the poor health, education, and employment prospects for Aboriginal Australians. Moreover, Aboriginal people are far more likely than non-Aboriginal people to be drawn to the attention of police and taken into custody. Their presence in the criminal courts is disproportionately high and they are vastly over-represented in prison. Commission after commission and study after study have concluded that Indigenous Australians are at vastly greater risk of threat to life, victimization, and health than non-Indigenous Australians. This essay argues that there are grounds for greater recognition of Aboriginal customary law as a means of addressing the malaise. It reviews the political and legal climate in which such responses to Aboriginal criminality are currently being addressed. Presented at the Academy of Criminal Justice Sciences Conference, Louisville, Kentucky, 13 March 1997. The author acknowledges the help of Paul Martin, legal practice librarian, University of South Australia and the resources of Graceland College.     

Coastal Oil Pollution: Spills,Crisis, and Policy Change1

The federal government's adoption of the Oil Pollution Act of 1990 represented a radical statutory departure from past policy. Coastal oil spill control provisions that had languished for decades within the industry-friendly confines of a few select congressional subcommittees suddenly became law. Much popular belief credits the 1989 Exxon Valdez spill crisis for bringing about this radical policy change. Closer examination reveals that postcrisis policy change is much more complex. Crisis events intermingle with other short- and long-term factors that either inhibit or support dramatic change. This study analyzes change within the coastal spill arena over several decades. Particular attention is given to crisis episodes, periods identified with a major catastrophe or a successive series of attention-getting spills over a brief time. Analysis finds that crises can play an instrumental role in eliciting change.     

Learning leaders: The key to learning organisations

Learning and knowledge management are crucial capacities for many NGOs. This article attempts to answer such questions as: why is learning seen as so important for NGOs? How do successful NGOs actually learn? And what role do key individuals or leaders play in this process? The article draws heavily on the findings of a study of South Asian NGOs, which suggests that an NGO's ability to learn is dependent on its organisational culture and in particular the development of an internal culture of learning. The case studies from South Asia reveal that the creation of this 'learning culture' derives primarily from the attitude of the leadership towards learning: at the heart of a learning organisation is a 'learning leader'.     

Alliance Behaviour,the Absentee Liberator and the Influence of Soft Power: Post-communist State Positions over the Iraq War in 2003

Thirteen post-communist governments gave diplomatic support to the Anglo-American position on Iraq in 2003; many also gave military assistance to the war itself and most contributed to post-war operations. However ‘small states’ may be defined, none of these 13 actors can be considered a major power in international relations. This article assesses the reasons for their support of the United States. It first considers what material gains they expected and gained, and applies their support of the US against expectations of alliance behaviour. It then contrasts the behaviour of those Central and East European states with that of Belarus and of Serbia. The article then argues that an important explanation for post-communist state behaviour over Iraq comes from an expression of existential values that can be understood through the notion of ‘soft power’.