Restorative Justice and Collective Responsibility: Lessons for and from the Rwandan Genocide

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis suggests that Rwanda is precisely a place where constructed notions of what "rule of law" ought to be are supplanting the need to implement reconstructive policies that may be best for Rwanda. In particular, the populist nature of the Rwandan genocide, coupled with the vast level of victimization, suggest that a shame-based restorative approach may be more successful in promoting reconciliation, deterrence, and peace than the guilt-based retributive approach currently in vogue. This article argues that, when the law blames occurrences of genocidal evil largely on the existence of some evil people, it obscures the fact that so many people, to varying degrees of complicity, are required for this evil to result in so many deaths.     

Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Crime and Reactions to Crime in Scandinavia

This short overview of available statistical data on crime and penal systems in Scandinavia indicates that the level of traditional forms of crime in Scandinavia is on a par with or lower than that found in many other European countries. As elsewhere in western Europe, Scandinavia experienced a substantial increase in crime rates during the post‐war period—indicating that these recorded increases may have common structural roots. The 1990s witnessed a stabilization of theft rates, albeit at a high level. Increasing equality between women and men may have contributed to an increase in the reporting of violent and sexual offences against women (and children), making these offences more visible. The system of formal control in the Scandinavian countries is characterized by relatively low police density; a clear‐up rate that has declined; above‐average conviction rates; the imposition of fines in a high proportion of criminal cases; and relatively low prison populations. The implications for crime policies are discussed.     

Local actors and international regionalism: The case of the Sea of Japan zone

The Sea of Japan Zone (SJZ) is an area that has been shaped essentially by transnational relations between the localities of western Japan, northeastern China and the Russian Far East. The emergence of this new type of space, based on interlocal cooperation, is a significant aspect of what could be called the ‘new’ regionalism, i.e. the polymorphous and multicen‐tred movement that is affecting international relations today as opposed to its more rigid version of the late 1950s. The shape of the new regionalism reflects the transformation of international relations in general: this particular regionalization process, that gave shape to the SJZ, is linked to the transnationalization of local actors. The idea of creating the SJZ, in the late 1960s, was first an external answer (interlocal cooperation) to an internal problem (uneven development in Japan). It became a reality some twenty years later as Russian and Chinese localism eventually converged with Japanese localism. Despite important domestic differences the need for local actors around the Sea of Japan to look outside for better development conditions made the synergy possible. It produced a new regional entity that needs to be defined and, for that purpose, that could be compared to other transnational zones in East Asia or even in Europe. Their common characteristic appears to be a functional approach to regional cooperation.     

International labour standards: Challenging globalization ideology?

The article centres on the role of differential labour standards in the restructuring of the global economy. The denial of labour rights in Asia is a significant factor in the Asian investment boom and in the employment crises in the OECD countries. The first section outlines the Clinton administration's intervention on labour standards in Asia, the strident reaction from Asian governments and from US business interests, and the administration's rapid retreat into ‘constructive engagement’. The second section considers neo‐liberal arguments advanced in favour of nonintervention in the labour sphere since the freeing up of trade and market forces generates economic growth, which in itself improves labour standards. The assumptions underlying this model are critiqued. Finally, alternatives that recognize the significant influence of labour standards on global investment flows are identified. Here it is argued that the emergence of independent unionism in Asia could have a significant effect on the structure of the the global economy in the longer term.     

Focus Group Follies?

Abstract

Media coverage of the contemporary British Labour party routinely suggests party leaders, notably Tony Blair, have been overly reliant on using focus group as a means of obtaining voter feedback. The paper explores this popular understanding by considering how and when qualitative forms of opinion research began to play a significant role in developing campaign strategy. Following their incorporation into party planning during the mid-1980s, focus groups provided an increasingly influential (and at the time more discreet) source of data and support for the leadership's Policy Review later that decade. Following the 1992 election defeat selective findings from the party's qualitative research programme became integral to the public relations' initiatives of Labour's self-styled “modernisers,” particularly in their largely successful attempt to delegitimise and then marginalise the role of the party's once formidable affiliated union supporters in internal affairs. Crucially this contributed to a climate that enabled the key moderniser Tony Blair to emerge and win the leadership.     

国际法律援助组织第十届会议综述

本文主要分三个部分,简要概述了国际法律援助组织第十届会议的主要内容。第一部分为法律援助面临的全球性问题,主要表现为法律援助经费缩减及带来的一系列问题,并介绍了有关各国和地区法律援助工作现状的比较分析成果;第二部分强调了网络、电话等现代化技术对法律援助工作的影响。即一些国家是如何利用网络等技术,以积极应对法律援助经费紧张的局面的;第三部分介绍了澳大利、南非采取的有关保障法律援助质量的措施。     

多层面国际警务合作方式的框架构筑

在非传统安全问题El益凸显的今天,加强国际警务合作已成为各国警方的共识。然而,各国间国家制度和警务理念等方面的差异在一定程度上阻滞了国际警务合作的有效展开．传统的国际警务合作方式难以全面适应新时期国际警务合作的现实需要．必须从多层面、多途径创设更为有效的国际警务合作方式,以此推动国际警务合作的深入。     

What's Different about Exporters? Evidence from Colombian Manufacturing

Using a large panel of Colombian manufacturing plants, this paper finds that exporters are significantly larger, more capital intensive, have higher labour productivity, and pay higher wages than nonexporters three years before exporting for the first time. The differential in performance increases in the years leading to entry in the export market. After entry, sales, employment, and the proportion of skilled workers in the labour force keep growing significantly faster for exporters, but the growth of labour productivity and capital intensity is indistinguishable for exporters and nonexporters.