Skip to main content

Home/ Building Global Democracy/ Group items tagged law

Rss Feed Group items tagged

Bill Brydon

National responsibility, global justice and exploitation: a preliminary analysis - Jour... - 0 views

  •  
    "This article addresses the problem of filling in a missing component of David Miller's non-cosmopolitan theory of global justice, as elaborated in his recent National responsibility and global justice (Oxford: Oxford University Press, 2007). Miller originally included non-exploitation as one of the norms of global justice, but he does not provide a theory of exploitation in his recent book. This article is a preliminary attempt to suggest how Miller might fill in this gap. This article identifies the problems Miller faces in coming up with a theory of exploitation, given the limits imposed by the other parts of his theory of global justice. It examines and criticises several possible theories of exploitation that Miller might use. Finally, it argues that a modified version of Hillel Steiner's liberal theory of exploitation fits into Miller's overall theory of global justice."
Bill Brydon

Democratization and the illegalization of political parties in Europe - Democratization - - 0 views

  •  
    "This article explores the literature on democratization to account for the proscription of political parties in democratizing states. A survey of 22 party bans in 12 European states identifies two distinct classes of proscription derived from the 'degree of democratization' present in a banning state. I identify features of 'new' and 'incomplete' democracies that help explain proscription. Case studies on Germany, Austria, Russia, Latvia and Greece illustrate the impact of 'modes of transition', heightened uncertainty, political tensions and instability on 'new democracy bans', and the impact of illiberalism, limited checks on executive power and circumscribed political participation on 'incomplete democracy bans'."
Bill Brydon

COMMUNICATING INJUSTICE? - Information, Communication & Society - - 0 views

  •  
    "This study examines online collective action concerning grievances of farmers whose land was expropriated by the Chinese government for economic development. Such actions have resulted in numerous conflicts between officials and farmers who fear losing their sole survival source without adequate compensation. The authors examine two cases of such grievances: the Wang Shuai and Wu Baoquan Incidents. These cases were initiated by aggrieved 'netizens' and reinforced by the news media through the Internet. Data include online material from a sample of seven Chinese websites discussing the cases. Using perspectives on framing and its connection to online activism, the authors examine how protest on behalf of initiators and varied support from the media produced different outcomes. Concise framing and continuous media attention are essential to mobilizing support for successful collective action. These techniques and new technologies are part of an expanding trend in grassroots activism in China."
Bill Brydon

Does the Involvement of Global Civil Society Make International Decision-Making More De... - 0 views

  •  
    The negotiation and contents of the Statute for an International Criminal Court (ICC) were strongly influenced by global civil society actors. After examining definitions of global civil society, this article will consider whether and why such involvement
Bill Brydon

Human Rights Quarterly - The Justice Balance: When Transitional Justice Improves Human ... - 0 views

  •  
    Evidence from the Transitional Justice Data Base reveals which transitional justice mechanisms and combinations of mechanisms positively or negatively affect human rights and democracy. This article demonstrates that specific combinations of mechanisms-tr
Bill Brydon

International Crisis Group - B22 Venezuela: Accelerating the Bolivarian Revolut - 0 views

  •  
    President Hugo Chávez's victory in the 15 February 2009 referendum, permitting indefinite re-election of all elected officials, marked an acceleration of his "Bolivarian revolution" and "socialism of the 21st century". Chávez has since moved further away
Bill Brydon

GENDER: Laws, Budgets and Pigeonholes - Part 1 - IPS ipsnews.net - 0 views

  •  
    The fight for women's rights came about hand in hand with the struggle for democracy, civil rights and national liberation in different countries and periods, says Ines Alberdi, executive director of UNIFEM
Bill Brydon

Ashes from the phoenix: state terrorism and the party-list groups in the Philippines - ... - 0 views

  •  
    An ongoing theme in Filipino history has been the exclusion of the left from electoral politics. Something that may provide an aperture facilitating left-wing participation are the provisions of the 1987 Constitution providing for the election, based on p
Bill Brydon

Deterrence, Democracy, and the Pursuit of International Justice. Leslie Vinjamuri. 2010... - 0 views

  •  
    In recent years the efforts to hold the perpetrators of mass atrocities accountable have become increasingly normalized, and building capacity in this area has become central to the strategies of numerous advocacy groups, international organizations, and
Bill Brydon

International Crisis Group - Understanding Transitional Justice in Fragile States - 0 views

  •  
    Speech by Nick Grono, Deputy President of the International Crisis Group, to the Overseas Development Institute, "Peace Versus Justice? Understanding Transitional Justice in Fragile States", 9 October 2009
Bill Brydon

On the circularity of democratic justice -- Thompson 35 (9): 1079 -- Philosophy & Socia... - 0 views

  •  
    In this article, I argue that justice and democracy stand in a circular relationship: just outcomes emerge from democratic deliberations, but only if such deliberations meet the standards of justice. I develop my argument by engaging in a critical dialogu
Bill Brydon

Constraints on the promotion of the rule of law in Egypt: insights from the 2005 judges... - 0 views

  •  
    During the 2005 elections in Egypt, newspapers around the world widely reported on the 'judges' revolt'. The judiciary, supported by civil society, confronted the executive by denouncing the fraudulent results of the constitutional referendum, as well as
Bill Brydon

Provisions, practices and performances of constitutional review in democratizing East A... - 0 views

  •  
    This analysis of the institutional design and actual performance of constitutional review in five newly democratized nations in East Asia shows that during the last two decades the judiciary has come to play an increasingly important political role in South Korea, Taiwan and Indonesia. Constitutional courts in these three countries are more active in counterbalancing executive and legislative power than ever before. This however contrasts with the experiences of Thailand and Mongolia where constitutional courts were unable to fulfill a similar function. The discussion for potential explanations for this cross-national variance in court performance supports the critique in parts of the scholarly literature against purely institutional, cultural and structural explanations. Rather, the degree of political uncertainty and diffusion of political power are critical determinants for understanding why politicians comply with court judgments, or attempt to marginalize justices. In addition, the relationship between institutional support, compliance and the area of judicial review matters. In this regard, one lesson of the East Asian comparison is that a too early introduction of review of separation of power conflicts could actually make things worse, by threatening the court's authority and marginalizing its influence. This represents a danger often neglected in the democratization literature that claims judicial control of horizontal accountability mechanisms would necessarily help to consolidate democracy.
Bill Brydon

Democracy and 'punitive populism': exploring the Supreme Court's role in El Salvador - ... - 0 views

  •  
    El Salvador is characterized by the sad record of having one of the highest degrees of violence and crime in Latin America. Recent governments have tried to fight it with programmes called 'mano dura' or 'super-mano dura' with measures and practices that have often violated human rights and judicial guarantees. This paper aims to explore the Supreme Court's role in the application of these policies by the Salvadoran government. We discovered that the highest court in this country supports this kind of policies termed by some analysts 'policies of punitive populism'. In this sense, the Constitutional Chamber acted in contrast to what is required by democratic theory. The paper proceeds as follows: in the first part we analyse the theoretical framework of public safety policies and frame the Salvadoran case. In the second part, we explore the Supreme Court cases that support (or not) these policies, examining the performance of the court in relation to these cases. The last part is a summary of our evidence.
Bill Brydon

Seeing Like the WTO: Numbers, Frames and Trade Law - New Political Economy - 0 views

  •  
    A stark contrast exists between the popular image of the World Trade Organisation (WTO) as a uniquely powerful international organisation (IO) and its actual capacity to monitor national policies and to enforce compliance with WTO rules among its member states. Rather than overseeing policy implementation itself like the International Monetary Fund or the World Bank, the WTO relies much more heavily than other high-profile IOs on a legalist method of surveillance. This article suggests that the notion of a 'member-driven legalism' is central to how the WTO 'sees' the world. In particular, the WTO's processes reflect a strong institutional belief that neo-liberal policies can be implemented by a consensus- and member-driven legalistic WTO system.
Bill Brydon

Pushing the Limits of Global Governance: Trading Rights, Censorship and WTO Jurispruden... - 0 views

  •  
    For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publications case that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a critical assessment of the new WTO jurisprudence regarding trading rights and the China Accession Protocol.
« First ‹ Previous 41 - 56 of 56
Showing 20 items per page