What is the Use of a Human Right to Development? Legal Pluralism, ‘Participation’, and a Tentative Rehabilitation

The human right to development divides academic thought. On the one hand, it is mistrusted as an apology for human rights (and other) abuses. On the other, it remains a central pillar of the UN‐led campaign against poverty. Building on the concept of the right to participate in development framed in the UN General Assembly Declaration of 1986, this article seeks to show that there is some scope for the rehabilitation of that right. It demonstrates how the development discourse has tended to exclude minority and subaltern groups. Drawing on the insights of legal pluralism, it then outlines ways in which, for example, indigenous communities have reasserted some control over the development process, before suggesting how this could lay the basis for the wider rehabilitation of the idea of a human right to development.     

Party system stability and conflict initiation

The study of interstate conflict has yielded a voluminous literature to date, yet much of the recent work has only just begun to underscore the importance of domestic factors in predicting conflict initiation in democracies. In short, some of these studies find that when electoral accountability is greater—measured in a variety of ways—interstate conflict becomes less likely. Despite this burgeoning literature, scholars have spent far less time analysing the role linkage institutions, such as stable party systems, have played in foreign policy discussions. To address this gap, we argue that in more stable party systems conflict initiation becomes less likely due to the greater accountability present in these systems. This conjecture is supported by the results of a time-series cross-sectional analysis of 48 democracies from 1978 to 2000 that uses multiple measures of conflict initiation and party system stability.     

Jamaican Dons, Italian Godfathers and the Chances of a 'Reversible Destiny'

For close to 50 years, so-called 'dons' have positioned themselves as civic leaders in Jamaica, gaining acceptance among poor urban communities and (tacit) political recognition in the wider society. The dons' systematic, coercive organisation of the ghetto community and the counter-hegemonic, executive-style bureaucracy and culture entrenched here resembles the 'godfather'-led criminal culture and power of the (Italian) Mafia. However, over the last ten years the Mafia has faced a considerable decline in its omnipotence, due to increased state intervention and resistance within civil society, particularly by women in the local Italian communities. This article attempts to ascertain if such a 'reversible destiny' is also thinkable in Jamaica.     

Testing the Packer Theorem: The Efficiency of Florida’s Criminal Circuit Courts

Herbert Packer’s models of the criminal process are criminal justice theorems, often the foundation of student introduction to the field in introductory textbooks. To date, there is little empirical analysis of the conceptual foundations of the process-based models, namely that courts are more efficient through the utilization of plea bargains, while an increase in trials necessarily decreases efficiency. The present results reveal wide variability in Florida circuit criminal court efficiency within and between circuits from 2004/05 to 2010/11. Regression analysis revealed that the year over year difference in both plea bargain (β?=?.14) and trial percentage (β?=?.13) significantly predicted (p?<?.05) year over year changes in efficiency, but explained a small amount of the variance (R ²?=?.026) controlling for other factors (total model R ²?=?.58–.62). These results show there is more capacity for trials within the Florida courts, and an increase in trials does not negatively impact court efficiency as expected but that other factors are far more relevant in explaining changes in efficiency outcomes. Furthermore, the Packer “assembly line” analogy, a basic tenet of the criminal process, is not found: plea bargains do not strongly predict or explain court efficiency, with structures playing a greater role in court outcomes than the processes conceptualized by Packer. The application to courts and impact on criminal justice education are discussed.     

The Application of Public International Law by Dutch Courts

Netherlands International Law Review -