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.     

Quality of democracy in unrecognized states: lessons from Northern Cyprus

Scholars have recently debated whether non-recognition is a blessing or a curse for democracy. Some suggest that lack of recognition forces political elites to democratize and acquire internal legitimacy to compensate for the lack of external legitimacy. Others suggest that democratization is used as a strategy by which to acquire international recognition. Still others claim that non-recognition obliges unrecognized states to rely on a patron state which, in turn, hinders the quality of democracy. To contribute to this discussion, we have conducted an in-depth case study. Focusing on democratic quality in Northern Cyprus from 2010 to 2016, it is observed that reliance on a patron state leads to dynamics of tutelage, in turn hindering the quality of democracy.     

Does Moderation Pay in a Consociational Democracy? The Marginalisation of the SDLP in the North of Ireland

A central question in the debate between “centripetalists” and “consociationalists” concerns whether power‐sharing arrangements provide incentives for moderation. This article helps to formulate an empirical answer through an examination of the electoral decline of the Social Democratic and Labour Party (SDLP) following the Good Friday Agreement (GFA) in the North of Ireland. Drawing on primary qualitative interviews with key players, this article argues that the SDLP were electoral losers under a system of ethnic out‐flanking. Sinn Féin has successfully presented itself as the “greener” and more robust representative of nationalist interests, whilst simultaneously moderating its message and operating the institutions of Northern Ireland. Sinn Féin has taken ownership of the GFA and has positioned itself as the party best able to ensure its delivery. Sinn Féin’s rights‐based agenda, and vibrant electoral machine, has resonated with the nationalist electorate who are less sure of what the contemporary SDLP stands for.     

国际法视角下的柏威夏寺领土争端及其对我国的启示

柬埔寨、泰国间的柏威夏寺领土争端吸引了全世界的关注.联合国国际法院曾于1962年对柬埔寨与泰国间的柏威夏寺领土争端案进行裁判,该裁判对国际领土争端的相关原则进行了阐释和重申,在国际法上产生了广泛的影响.对这一裁判进行回顾和解析,不仅有利于我们更好地了解当前柬埔寨与泰国间关于柏威夏寺的争端,也可对我国边界争端的解决提供某种借鉴.     

Just the Two of Us? Civil Conflicts,Pro-State Militants,and the Violence Premium

Quantitative literature discussing violence in civil conflicts tends towards a typical model of engagement between governments and revolutionaries. Whilst recent work has shown the significant impact of multiple anti-government groups, a further feature remains understudied—the role of pro-state militants. This article theorizes a “violence premium” when such groups arise, which leads to all connected groups devoting greater energy to conflict than they would in isolation. Employing duration analysis and data from The Troubles in Northern Ireland, where Republicans act as revolutionary insurgents, Loyalists as pro-state militants, and the British Army as government forces, the violence premium is empirically confirmed. Both Loyalists and Republicans deviate from their underlying strategies to attack more frequently when violence by their rivals increases, with Republicans and the British Army engaging in the same way. An extended analysis, accounting for the status of the victim, shows that the violence premium resulting from interaction between Loyalists and Republicans targeted only the civilian population of Northern Ireland, elucidating the sectarian component of The Troubles. These results show that including all conflict parties and considering how they are linked are important features in studies that aim to determine the net level of violence in civil conflicts.     

Victims of Terrorism and Political Violence: Identity,Needs, and Service Delivery in Northern Ireland and Great Britain

Terrorism and political violence exist fundamentally as communicative acts; inherently the acts themselves serve to inspire anxiety and fear. As the recipients of such a communicative act, victims of terrorism and political violence serve as the vehicle for the dissemination of these communications to both the intended and broader audiences. Their victimising experience is thus a complex interplay between a profound personal trauma and the political/communicative dimension of the attack. Given this complexity, this article addresses how victims’ needs are understood by victims of terrorism and political violence in both Northern Ireland (NI) and Great Britain (GB). Through engagement with practitioners, victims, survivors, and community activists, this article conceptualises the existing perceptions amongst these different groups regarding needs, the delivery of services to victims in NI and GB, and examines the origins of the different approaches. Results demonstrate that victims’ needs are highly context-dependent at a public level, but relate heavily to the experiences of other victims of terrorism and political violence at a private level.     

The demise of the intervention paradigm—resilience thinking in the Merida Initiative

Post-Cold War interventions have gone through a series of distinct paradigms—each allowing for its own oppositional discourse. This possibility seems to be diminishing with the rise of resilience thinking. In the early 1990s, liberal internationalist framings drove intervention by prioritising individual human rights over state rights to non-interference. Here, it was possible to oppose intervention as illegal boundary violation and unaccountable foreign rule. Neo-liberal approaches circumvented the legal problematic by conflating sovereignty with the capacity for good governance. However, they depended on a strong sociocultural dichotomy, giving rise to accusations of neo-colonialism. In contrast, the resilience discourse emphasises the positive, transformative aspects of local agency, rather than seeing it as deficient and needing paternal guidance. This paper argues that by claiming to merely plus up already existing social practices, international policy engagement in the Global South becomes difficult to conceive as boundary transgression or hierarchical imposition. These insights are drawn out with reference to the Merida Initiative, a US-Mexican security agreement signed in 2007.     

Territories of peace: alter-territorialities in Colombia’s San José de Apartadó Peace Community

ABSTRACT

Scholars are increasingly re-theorizing territory beyond the nation-state given Indigenous and Afro-descendant groups’ demands for ‘territory’ as they confront land grabbing in Latin America. Yet alternative territorialities are not limited to such ethnic groups. Based on 16 months of ethnographic research between 2011 and 2016, I explore the relational territoriality produced by a peasant ‘peace community’ in San José de Apartadó, Colombia. By tracing the collective political subject produced by the Peace Community’s active production of peace through a set of spatial practices, places and values, which include massacre commemorations, food sovereignty initiatives and Indigenous–peasant solidarity networks, this contribution presents a conceptual framework for analyzing diverse territorial formations.     

Consociationalism and its critics: Evidence from the historic Northern Ireland Assembly election 2007

Critics of consociational power-sharing institutional arrangements in deeply divided societies argue that such arrangements solidify the underlying conflict cleavage and render it all-important for party competition and voter behaviour. I find evidence to the contrary in the case of voter behaviour at the historic 2007 Assembly election in Northern Ireland. At least in the unionist bloc, I find the effective disappearance of the ethno-national conflict cleavage as a determinant of voter choice. This suggests that consociational arrangements have led to both inclusion and moderation, rather than polarisation and ‘ethnic outbidding’.     

Peace in Northern Ireland and the Remaining Issue of the “On-the-Runs”

The return of devolution to Northern Ireland in May 2007 marks an important turning point in the Northern Ireland peace process, but there remains the issue of the “on-the-runs”—a term used to describe persons suspected of committing a range of terrorist acts during the Troubles, who were never arrested, charged, prosecuted, or tried. It is thought that the On-the-Runs want to return to Northern Ireland, but determining the conditions for their return is a difficult and controversial issue, raising legal and moral concerns and causing strong and painful reactions among the victims of terrorist violence on all sides of the Northern Ireland conflict. It is also an issue that is complicated by the fact that while the Belfast Agreement of 1998 did not address expressly the situation of the On-the-Runs, it did provide for the accelerated release of a significant number of paramilitaries, both republican and loyalist, from prisons in both Ireland and Northern Ireland. This paper reviews the possible options in law for addressing the situation of the On-the-Runs, including extradition and prosecution, as well as trial and amnesty, and pardons. While the paper makes clear that the political offence exception to extradition is no longer the obstacle it once was, it also concludes that politics, rather than law, or simply the passage of time is more likely to offer the solution to the problem posed by the On-the-Runs.