The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

Making War on Terror? Global Lessons from Northern Ireland

In place of the simple modelling employed in anti-terrorist legal discourse, this article posits an interactive model of the relationship between the state and violent political actors, exploring law's role in both the repression and mobilisation of challengers. Drawing on social movement theory, it hypothesises a process of 'legally implicated mobilisation' which takes account both of law's presence and its partial absence in 'legal grey zones' during violent conflict, and it suggests how law may impact upon key elements of the mobilisation process. The hypothesis is applied to qualitative data from Northern Ireland on violent challengers. The data point to the importance of 'messaging' about law in the state of exception, supporting claims that law can have a 'damping' effect on violent conflict. The relationship between repression and violence is partly symbiotic, and in the global 'war on terror,' prisoner-abuse may have a mobilising effect on violent challengers.     

The Demography of Genocide in Southeast Asia: The Death Tolls in Cambodia, 1975-79, and East Timor, 1975-80

In this research note Ben Kiernan, director of the Genocide Studies Program at Yale University (www.yale.edu/gsp), scrutinizes estimates of the number of people killed in the two most recent cases of genocidal mass murder in Southeast Asia: Cambodia and East Timor. He concludes that the two cases were proportionately comparable, though many more people died in Cambodia. Each tragedy took the lives of over one-fifth of the population.     

Book reviews

Slums of Hope: shanty towns of the Third World. Peter Lloyd, Harmondsworth, England: Penguin. 1979. 246 pp. £1.25 pb.

Agrarian Revolution: social movements and export agriculture in the underdeveloped world. Jeffery M Paige, London: Collier Macmillan. 1978. 435pp. £5.25 pb.

Population and Development: high and low fertility in poorer countries. Edited by Geoffrey Hawthorn, London: Frank Cass. 1978. 210pp. £11.00.

Theory of International Politics. Kenneth N Waltz, Reading: Addison‐Wesley. 1979.304 pp. £2.50.

The Commonwealth Office 1925–68. Joe Garner, London: Heinemann. 1978. 478 pp. £19.50.

Commodity Conflict: the political economy of international commodity negotiations. L N Rangarajan, London: Croom Helm. 1978. 390 pp. £12.95.

Global Fracture: the new international economic order. Michael Hudson, New York: Harper &; Row. 1977. 296 pp. £12.50

The Evolution of the International Economic Order. W Arthur Lewis, Princeton University Press. 1978. 81 pp. £5.00

The Newly Industrialising Countries and the Adjustment Problem. Foreign and Commonwealth Office, London: FCO. 1979. 96 pp.

Nuclear Weapons and World Politics: alternatives for the future. David C Gombert et al, New York: McGraw Hill. 1977. 370 pp. £5.20 pb.

Poverty, Wealth of Mankind. Albert T Tévoèdjrè, Oxford: Pergamon. 1979. 200 pp. £10.00. £5.00 pb.

Hosts and Guests: an anthropology of tourism. Edited by Valene L Smith, Oxford: Blackwell. 1978. 254 pp. £8.00.

Taxation and Economic Development: twelve critical studies. Edited by J F J Toye, London: Frank Cass. 1978. 299pp. £11.50.

The OPEC Market to 1985. Farid Abolfathi et al. Lexington, Massachusetts: Lexington Books (distributed in the UK by Teakfield). 1977. 406 pp. £15.00.

Mosquitoes, Malaria and Man: a history of the hostilities since 1880. Gordon Harrison, London: John Murray. 1978. 314pp. £8.50.

Minerals in African Undervelopment. S A Ochola, London: Bogle‐L'Ouverture. 1975. 148 pp. £5.00. £1.50 pb.

Mineral Economics and Basic Industries in Asia. K P Wang and E Chin, Boulder, Colorado: Westview (distributed in the UK by Ernest Benn). 1978. 358 pp. £16.10.

International Resource Flows. Edited by G and L A Garvey, Lexington, Massachusetts: D C Heath (distributed in the UK by Teakfield). 1977. 202 pp. £13.75.

How Europe Underdeveloped Africa. Walter Rodney, London: Bogle‐L'Ouverture Publications. 1972. 316 pp. £0.65 pb.

Britain, the EEC and the Developing World. Matthew McQueen, London: Heinemann Educational. 1977. 115 pp. £1.25 pb.

African History. P Curtin, S Feierman, L Thompson, and J Vansina, London: Longman. 1978. 612pp. £9.75.

African Historical Studies. E A Ayandele, London: Frank Cass. 1979. 314pp. £12.00.

Nigerian Historical Studies. E A Ayandele, London: Frank Cass. 1979. 305pp. £12.00.

West African Resistance: the military response to colonial occupation. Edited by Michael Crowder, London: Hutchinson. 1978. 314pp. £3.75.

The Population of Kenya, Tanzania and Uganda. Simeon Ominde, Nairobi, Kenya: Heinemann Educational. 1975. 124 pp. £2.50

The Widening Gulf: Asian nationalism and American policy. Selig S Harrison, New York: The Free Press. 1978. 468 pp. $15.95.

US Strategy in the Indian Ocean: the international response. Monoranjan Bezboruah, London: Praeger. 1977. 268 pp. £12.50.

Zionism and the Palestinians. Simha Flapan, London: Croom Helm. 1979. 361 pp. £11.95.

The Trading World of Asia and the English East India Company 1660–1760. K N Chaudhuri, Cambridge University Press. 1978. 629 pp. £37.50.

A Shaft of Sunlight. Philip Mason, New Delhi: Vikas. 1978. 240 pp.

Bhutan: the dragon kingdom in crisis. Nari Rustomji, Delhi: Oxford University Press. 1978. 150pp. £4.50.

Sons of the Soil: migration and ethnic conflict in India. Myron Weiner, Princeton University Press. 1978. 383 pp.

Energy and Economic Development in India. R K Pachauri, New York: Praeger. 1977. 185 pp. £14.00.

Frogs in a Well: Indian women in purdah. Patricia Jeffery, London: Zed Press. 1979. 187 pp. £7.50. £2.95 pb.

Land and Power in South America. Sven Lindqvist, Harmondsworth, England: Penguin. 1978. 333 pp. £2.25 pb.     

Suspect burial excavation procedure: A cautionary tale

Geographic location, time of reporting and need for rapid evaluation contributed to a lack of intelligence concerning a suspect burial site in scrub woodland (～15 km from the last known location of a missing person) in Northern Ireland. Police received reports of a subsiding ‘grave’, which was evaluated positively using GPR and victim recovery dogs (VRD). After 24 h work, archaeological excavation showed a vertical-sided, stepped excavation on undisturbed clay with no inhumation. Subsequent research showed the feature to be an engineering trial pit. The GPR response was a water table and rocks, VRD were possibly reacting to disturbed ground. The work serves as a demonstration of good archaeological practice in suspect burial excavation, following a lack of landscape evaluation and poor overall intelligence.     

Citizenship—the real democratic deficit of the European union? 1

Given the pressures of globalisation, the nation state is limited in its control over public policy agendas, particularly in the field of social policy. The response of domestic governments to the heat of international competition has been to create more flexible, post‐welfare state economies. A significant consequence of this development is the removal of social rights and the acceleration of social exclusion. This gap which has opened up could be filled by the European Union, but it has so far failed to take a leading role in this regard.

So, as European citizens we should be concerned that the forces which operate to balance the harsher effects of the free market have been lost at the European, supranational level. There are three central reasons why this is the case: (1) the European Union consists of 15 member states with competing, historically rooted understandings of social protection and, therefore, social rights; (2) defining social rights is traditionally a state‐derived function and as such, the absence of an EU state means the absence of comprehensive citizen protection; (3) these two factors are magnified by the relative weakness of the supranational institutions and democratic deficit between the key EU institutions (weak vis‐à‐vis member state governments and with regard to the supremacy of the market).

The combination of these problems has meant that the European Union has not taken the primary role in providing the kind of social protection that we used to enjoy in the domestic context. The result of this is a situation in which the market is determining both the level and even the kind of rights that we are entitled to, thus we are citizens of a European market and not of a European state.

As a state‐derived function, and without a European state, social and citizen rights are being neglected. As a consequence, unless citizen protection is developed through an intergovernmental or supranational framework, it is difficult to see how governments can honour their responsibility to safeguard their people.