At What Price? Managing the Costs of Tolerating Corrupt or Criminal Partners in Stability Interventions

2021 ◽  
Vol 2 (2) ◽  
pp. 69-84
Author(s):  
Rohan Jayawardena ◽  
Keyword(s):  
Rule Of Law ◽  
Recent Experience ◽  
The Rule Of Law ◽  
Popular Support ◽  
State Capture ◽  
Development Agencies ◽  
Criminal Conduct ◽  
Failing States ◽  
Selection Of ◽  
Police Forces

States or coalitions may conduct intervention operations to stabilise weak or failing states. Intervening powers often use military or police forces to impose security while development agencies rebuild the affected state’s institutions, including the Rule of Law. However, recent experience suggests that interventions may perpetuate criminal conduct. This paper examines the NATO missions in Afghanistan and other interventions to suggest links between partnering with corrupt or criminal actors and subsequent setbacks in stabilisation. It then proposes strategies by which future intervention forces may mitigate the risks of perpetuating criminal conduct. The paper asserts that intervention forces may empower criminal actors inadvertently or deliberately. It suggests that criminal allies may offer apparent security gains, and command popular support; and may be the only allies available. However, it concludes that perpetuating crime and corruption undermines the legitimacy of the affected state’s government and the intervention force, and potentially enables state capture. These outcomes may perpetuate violence. The paper suggests that intervention forces may mitigate these risks by setting clear priorities, planning against all potential threats including organised criminals, linking aid to the achievement of governance objectives, delaying transition until the affected state’s institutions are ready, and conducting deep selection of future leaders.

An International Rule of Law

2021 ◽  
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Rule Based ◽  
The Rule Of Law ◽  
Globalizing World ◽  
International Legal System ◽  
Elusive Concept ◽  
International Rule ◽  
Selection Of

The “international rule of law” is an elusive concept. Under this heading, mainly two variations are being discussed: The international rule of law “proper” and an “internationalized” or even “globalized” rule of law. The first usage relates to the rule of law as applied to the international legal system, that is the application of the rule of law to those legal relations and contexts that are governed by international law. In this context, the term international rule of law is often mentioned as a catchphrase which merely embellishes a discussion of international law tout court. The international rule of law is here mainly or exclusively used as shorthand for compliance with international law, a synonym for a “rule based international order,” or a signifier for the question whether international law is “real” law. This extremely loose usage of the term testifies its normative and symbolic appeal although it does not convey any additional analytic value. The second usage of the rule of law in international contexts covers all other aspects of the rule of law in a globalizing world, notably rule of law promotion in its widest sense. The increasing interaction between national and international law and between the diverse domestic legal orders (through law diffusion and reception, often again mediated by international law) is a manifestation of the second form of the rule of law. The structure of this bibliography roughly follows this bifurcation of the Rule of Law Applied to the International Legal System and the Rule of Law in a Globalizing World. Next to these two main parts, three further, separate sections discuss questions that arise at the intersection of the two variants or are of crosscutting importance to the rule of law as a whole. This includes sections on the Rule of Law as a UN Project: A Selection of UN Documents on the Rule of Law, the Interaction between the International and Domestic Rule(s) of Law, and the (International) Rule of Law: A Tool of Hegemony?.

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

2021 ◽  
pp. 1-33
Author(s):  
Andi Hoxhaj ◽  
Fabian Zhilla
Keyword(s):  
Civil Society ◽  
Comparative Analysis ◽  
Bosnia And Herzegovina ◽  
Rule Of Law ◽  
Western Balkans ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
State Capture ◽  
The Impact ◽  
The Eu

Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Doing Justice Better

2020 ◽  
pp. 189-194
Author(s):  
Michael Tonry
Keyword(s):  
Rule Of Law ◽  
Human Dignity ◽  
Structural Changes ◽  
Political Influence ◽  
State Agencies ◽  
The Rule Of Law ◽  
Life Without Parole ◽  
Three Strikes ◽  
Main Ideas ◽  
Selection Of

The main ideas in this book are simple. Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.

scholarly journals The vicious circle of corrosive capital, authoritarian tendencies and state capture in the Western Balkans

2020 ◽  
Vol 15 (2) ◽  
pp. 167-198
Author(s):  
Tena Prelec
Keyword(s):  
Cold War ◽  
United Arab Emirates ◽  
Rule Of Law ◽  
Secondary Data ◽  
Vicious Circle ◽  
Western Balkans ◽  
Policy Makers ◽  
The Rule Of Law ◽  
War Narrative ◽  
State Capture

The presence of 'non-Western actors' in the Western Balkans has recently attracted the attention of policy-makers and academics alike, with the rise in prominence of non-EU countries coinciding with the weakening power of accession conditionality. While this trend was initially discussed in the context of a 'new Cold War' narrative, evidence-based research soon showed that this engagement is underpinned by particularistic interests at the top and 'corrosive capital'. The governance dimension is therefore essential in understanding the ties existing between the Balkan countries and the non-Western actors. Making use of primary and secondary data, this article compares the modus operandi of two non-EU actors in the region: Russia and the United Arab Emirates. It is argued that non-transparent business deals can stimulate a normative shift in the Western Balkans' political leadership away from pursuing the rule of law, and towards an authoritarian turn, while strengthening small circles of self-serving elites, at the expense of the citizenry at large. This is conceptualised as a 'vicious circle' of illiberalism and state capture, as viewed through the lens of corrosive capital.

scholarly journals State Capture in Mexico: A Theoretical and Historical Review

2021 ◽  
Vol 7 (1) ◽  
pp. 105-124
Author(s):  
Gerardo Sánchez Lara ◽  
Andrea Valdés
Keyword(s):  
Political Violence ◽  
Money Laundering ◽  
Rule Of Law ◽  
Historical Review ◽  
The State ◽  
The Rule Of Law ◽  
State Apparatus ◽  
State Capture

The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.

scholarly journals Selecting Judges in Poland and Germany: Challenges to the Rule of law in Europe and Propositions for a new Approach to Judicial Legitimacy

2018 ◽  
Vol 19 (4) ◽  
pp. 769-816 ◽  
Author(s):  
Anne Sanders ◽  
Luc von Danwitz
Keyword(s):  
Rule Of Law ◽  
New Approach ◽  
The Rule Of Law ◽  
Judicial Appointments ◽  
Lively Debate ◽  
German System ◽  
European Standards ◽  
Polish Government ◽  
German Constitutional Law ◽  
Selection Of

The recent reforms of the Polish Judiciary have sparked a lively debate in Europe on the importance of judicial independence. This Article deals with the new Polish system of selecting and appointing judges and critically assesses it in the light of European standards for judicial appointments. It then compares the new Polish system to the German system of selecting judges, which has been advanced as a point of reference for the reform by the Polish government. Finally, the Article reconsiders and challenges some of the established concepts of German constitutional law as to the selection of judges and judicial legitimacy.The Article was closed on September 2, 2017 and accepted for publication. Subsequent developments could be included until March 15, 2018. The authors would like to thank Judge Thomas Guddat and theDeutsch-Polnische Richtervereinigung(Association of German and Polish Judges) for providing valuable details on the reforms in Poland.

scholarly journals Pemilihan Kepala Desa Serentak 2019 di Indonesia: Implementasi dan Tantangan

2020 ◽  
Vol 12 (2) ◽  
pp. 231
Author(s):  
Sardjana Orba Manullang ◽  
Megasuciati Wardani ◽  
Sitti Nur Alam ◽  
Sri sudono Saliro
Keyword(s):  
Data Collection ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Research Method ◽  
District Level ◽  
Technical Level ◽  
Literature Research ◽  
The Rule Of Law ◽  
Selection Of

This study aims to analyze how the implementation of the 2019 simultaneous village head elections in Indonesia, and how the challenges of implementing the 2019 simultaneous village head elections in Indonesia. This research uses literature research method with deriftive approach of analysis. The conclusion of this paper is the implementation of simultaneous village head elections in 2019 in Indonesia there are still differences in administrative requirements, caused by differences in the rule of law at the district level, be it the regulation of the selection of village heads in district regulations and at the technical level of regent regulations on the technical implementation of regional head elections. In addition, the challenges in the implementation of village head elections are on voter data collection, regulation of dispute resolution of village head elections, and money politics.

scholarly journals Refugee Policies and Narratives in the Globalised Era

2021 ◽  
Vol 21 (2) ◽  
pp. 101-121
Author(s):  
Dolores Herrero
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Climate Warming ◽  
Immigration Policies ◽  
Human Beings ◽  
Population Mobility ◽  
The Rule Of Law ◽  
Refugee Policies ◽  
Selection Of

One of the effects of globalisation has been population mobility as a result of famine, climate warming and war conflicts, among other things. This flow of refugees, however, is often seen as a menace to the rule of law and human rights concomitant with the Western lifestyle. Refugees are no longer regarded as human beings and victims, but rather as danger, even as potential terrorists, which has led many governments, including the Australian, to detain them indefinitely in detention centres where they are confined in inhuman conditions. The main aim of this paper will be to describe Australian immigration policies and how contemporary Australian narratives on and by refugees are reflecting this situation, mainly by analysing a selection of texts from three recently published collections, namely, A Country Too Far (2013), They Cannot Take the Sky (2017) and Seabirds Crying in the Harbour Dark (2017), and Behrouz Boochani’s No Friend but the Mountains (2018).

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