Improvising Peace: Towards New Social Contracts in Tunisia

ABSTRACT

Eight years after the Arab Spring revolutions, Tunisia's state and citizens are crafting an increasingly resilient national social contract, despite setbacks. This case study examines what is driving Tunisia's efforts, focusing in particular on key transition initiatives – including a national dialogue and a forward-looking constitution adopted by broad consensus, following nation-wide consultations. The case examines how informed and empowered Tunisians built these structures to leverage the inherent resilience capacities of the people, which developed throughout state and civil society formation, women's movements, labour movements, and civic education. The research suggests that two issues that gave rise to the revolution have remained particular challenges for efforts to mediate and address conflict: political and social polarisation and lack of livelihoods. It reveals how Tunisians are calling for more inclusion and institutionalised citizen engagement as a means to address them. Conclusions point to how post-revolution, democratisation gains as well as values of compromise, tolerance, dialogue appear to be immunising Tunisia against irreparable reversals and are laying the foundations for sustainable democratic peace.     

Alternatives to EU Membership and the Rational Imagination

The domestic scenario following a Brexit vote is likely to be characterised by high stakes, uncertainty and fissile political debate. No off‐the‐peg arrangement touted for Brexit—be it Norwegian, Swiss, Turkish or Canadian—was designed to engage with such a context. Nor does it seem wise to rush to medium‐term commitments which might pre‐empt democratic politics and wise choices. Far more important will be the legitimacy of any institutional settlement governing this arrangement, which will provide the context for its revision and development and the space for democratic reflection over how these policies are to be governed. It will be suggested that here there is much insight to be gained from looking at regional arrangements beyond the EU.     

Making sense of the legal and judicial architectures of regional trade agreements worldwide

Regional trade agreements (RTAs) constitute one of the most important elements of the international economic order. Researchers have accordingly embarked on comparative analyses of their design. Yet one fundamental question remains unanswered: how have officials in different RTAs responded to the challenge of regulatory misalignments among the member states? In this article, I turn to 10 of the most established RTAs in the world and document three types of responses. Some RTAs rely on the principle of mutual recognition or references to existing international standards; the same agreements also rely on technical dispute resolution mechanisms. Other RTAs, by contrast, make use of extensive harmonization and permanent courts charged with interpreting law. Yet a third group exhibits a hybrid design. This heterogeneity in legislative and judicial design invites explanation. I show that there is a remarkable correspondence between the legal traditions of the member states (common vs. civil law) and the design of RTAs. This correspondence undermines the claims of world polity theorists about the nature of the international order, but is consistent with other strands of sociological institutionalism and certain elements of rationalist and neoliberal institutionalism. I conclude by reflecting on the implications of different RTA designs for the regulation of everyday life in the member states, the World Trade Organization as an international regulatory body, and national sovereignty and democracy.     

Beyond Dyads: Regional Democratic Strength’s Influence on Dyadic Conflict

Over the history of modern international relations research, we have moved from systemic and regional studies to empirical explorations of dyadic interactions. However, our statistical models have put the details of dyadic interactions under a microscope at the expense of ignoring the relevant regional context that these dyads interact in. This development has been in part due to computational limitations, but do we really believe that decision makers interact with one another while ignoring the regional power balance and the wishes of regional powers? In this article, I take a look at the well-researched relationship between democracy and peace by using a multilevel approach to dyadic interactions and the regions they are embedded in. The findings suggest that when the regional power balance favors democracies, it influences conflict between dyads, especially mixed dyads, by increasing the costs of aggression by autocracies and establishing regional norms of cooperation and compromise.     

From Rebels to Rulers: The Challenges of Transition for Non-state Armed Groups in Mindanao and Myanmar

This article presents a critical comparison of the ongoing peace processes in the southern Philippines and Myanmar (Burma). It does so by examining two key armed groups: the Moro Islamic Liberation Front (MILF) on Mindanao, and the Karen National Union (KNU) in Myanmar. We identify common elements that help to explain the relative – albeit incomplete – success of these two groups in navigating their respective peace processes. The MILF and KNU are ethnonationalist armed groups struggling for self-determination against states that are experienced by ethnic minority communities as culturally alien, and economically and politically dominant. Both conflict actors are characterized by complex combinations of “greed” and “grievance” factors but nevertheless enjoy significant (albeit contested) political legitimacy among the communities they seek to represent. We explore the complex relationships between armed ethnic groups, conflict-affected communities, and civil society actors. We argue that engagement with civil society is a key element of success in the Mindanao peace process, which could be replicated in Myanmar. We examine the roles and changing nature of the state in the Philippines and Myanmar, and contrast the degrees of international involvement, as key variables in these peace processes. We observe that negotiations of comprehensive peace settlements are threatened by “the tyranny of elections” in Myanmar (2015) and the Philippines (2016), and observe the importance of including national parliaments in peace processes in a timely manner. The peace process between Manila and the MILF represents a rare example of a Muslim minority pursuing its political objectives through structured dialogue. The article focuses on the challenges faced by armed groups moving from insurgency to reinvent themselves as credible political actors and governance authorities. Our analysis draws on peace-building literature, specifically the phenomenon of “rebel governance.”     

Focal Points and Turning Points in Negotiation: A Comparative Analysis

In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow them. In this article, we focus on the relationship of these two negotiation concepts. We raise the following questions: Does the development of focal points precipitate departures, and, if so, how? Do departures lead to the development of focal points, and, if so, how? Are there circumstances in which focal points do not precipitate turning points and vice versa? Do negotiations that feature focal points create more or less durable agreements? Do negotiations that include turning points create more or less durable agreements? To help answer these questions, we have analyzed four cases. In the German Foundation Agreement negotiation, the development of focal points precipitated turning points. In the South African Interim Constitution negotiations, turning point departures precipitated the development of focal points. And in the negotiations to end the Burundi civil war and to reach the Nouméa Accord between France and New Caledonia, parties shared focal points that did not precipitate turning points. These case analyses provide insights into the role of focal points in producing effective and durable agreements. They also suggest opportunities for further research on the interaction between these concepts.     

《民法典》时代的劳动者私生活安宁权：确立与实现

劳动者私生活安宁权的生成，既得益于《民法典》的颁行，又源于网络化时代劳动者私生活安 宁权益保护的迫切需求。从权利性质上看，劳动者私生活安宁权兼具自由权和社会权双重属性。然而，在当下 其权利实现却面临诸多困难，表现为与雇主监督管理权的矛盾及冲突，《民法典》隐私权保护框架的不周延性 以及劳动法保护规范的滞后性。研究建议，就劳动者私生活安宁权的实现路径来看，一是要对《民法典》的保 护路径予以细化和调整，二是要在劳动法中创制新的制度与规则对劳动者进行特别保护。与此同时，应遵循 “两 步走”策略，以协调《民法典》保护与劳动法保护之关系，从而充分实现劳动者的私生活安宁权益。     

Alliance of Civilizations： The global peace project of the 21st century

The Alliance of Civilizations was established in 2005, at the initiative of the Governments of Spain and Turkey; under the auspices of the United Nations for inter civilizations dialogue to bridge the gap between the West and Muslim world. This article analyzes advantage and disadvantage sides of the success of this initiative.     

The Future of Northern Ireland: the Role of the Belfast/Good Friday Agreement Institutions

Since the 2016 Brexit referendum a series of crises has gripped Northern Ireland's politics. This has had a destabilising effect across society, which has arguably been felt most acutely by political unionism. The Belfast/Good Friday Agreement (B/GFA) of 1998 created a series of institutions to deal with political conflict in Northern Ireland, manage cross-border cooperation and normalise relations between the UK and Ireland. However, many aspects of it have been sparingly and ineffectually deployed, most notably the second and third strands dealing with north/south and east/west relations respectively. In this article, the authors argue that regular use of the institutional arrangements created by the Agreement would help to deal with the challenges currently facing Northern Ireland and help address unionist anxieties over the Protocol. Use of the North-South Ministerial Council (NSMC), the British Irish Council (BIC) and the British-Irish Intergovernmental Conference (BIIGC) should be prioritised. The unresolved issues arising from Brexit require a recommitment to the intergovernmental logic at the heart of the 1998 Agreement, despite the obstacles.     

亚文化与廉政文化的冲突及其消解

廉政文化建设中如何对待亚文化,是一个值得研究的课题。干部的生活圈、社交圈、工作圈是当前亚文化集结聚合的三个主要领域。在廉政建设中,它从深层次制约和支配个体的行为和社会活动,对廉政文化或者起着某种补充、强化作用,或者起着干扰甚至消解作用。调和亚文化与廉政文化之间的冲突,东西方文化有着各自不同的路径,但“和而不同”是应遵循的一条重要原则。