Promoting the Rule of Law Abroad


Book Description

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).




Promoting the Rule of Law Abroad


Book Description

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."--SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience--in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa--to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field.Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-H�l�ne Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).




Modern Chinese Real Estate Law


Book Description

With massive growth taking place in the real estate industry, how can China develop a free market and private ownership of land while still officially subscribing to Communist ideology? This study uses fieldwork interviews to establish how the Chinese real estate market operates in practice from both legal and business perspectives. It describes how the market functions, which laws are applicable and how they are applied, and how a nation can achieve dramatic economic growth so rapidly while its legal system is so unsettled. The book demonstrates how China is drawing on the world for ideas while retaining a domestic system that remains essentially Chinese, and how the recent revitalization of China's real estate market has confounded the predictions of many developments economists.




Human Flourishing: The End of Law


Book Description

This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .




The New World of UN Peace Operations


Book Description

Peace operations are the UN ́s flagship activity. Over the past decade, UN blue helmets have been dispatched to ever more challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been "flying blind" in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at the center of the institution. Building on an innovative multi-disciplinary framework, this study provides a first comprehensive account of learning in peacekeeping. Covering the crucial past decade of expansion in peace operations, it zooms into a dozen cases of attempted learning across four crucial domains: police assistance, judicial reform, reintegration of former combatants, and mission integration. Throughout the different cases, the study analyzes the role of key variables as enablers and stumbling blocks for learning: bureaucratic politics, the learning infrastructure, leadership as well as power and interests of member states. Building on five years of research and access to key documents and decision-makers, the book presents a vivid portrait of an international bureaucracy struggling to turn itself into a learning organization. Aimed at policy-makers, diplomats, and a wide academic audience (including those working in international relations, peace research, political science, public administration, and organizational sociology), the book is an indispensable resource for anyone interested in the evolution of modern peace operations.




Research Handbook on the Sociology of International Law


Book Description

Bringing together a highly diverse body of scholars, this comprehensive Research Handbook explores recent developments at the intersection of international law, sociology and social theory. It showcases a wide range of methodologies and approaches, including those inspired by traditional social thought as well as less familiar literature, including computational linguistics, performance theory and economic sociology. The Research Handbook highlights anew the potential contribution of sociological methods and theories to the study of international law, and illustrates their use in the examination of contemporary problems of practical interest to international lawyers.




A Theory on Africanizing International Law


Book Description

About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.




Latin American Democracy


Book Description

Nearly thirty years have passed since Latin America began the arduous task of transitioning from military-led rule to democracy. In this time, more countries have moved toward the institutional bases of democracy than at any time in the region’s history. Nearly all countries have held free, competitive elections and most have had peaceful alternations in power between opposing political forces. Despite these advances, however, Latin American countries continue to face serious domestic and international challenges to the consolidation of stable democratic governance. The challenges range from weak political institutions, corruption, legacies of militarism, transnational crime and globalization among others. In Latin American Democracy contributors – both academics and practitioners, North Americans and Latin Americans – explore and assess the state of democratic consolidation in Latin America by focusing on the specific issues and challenges confronting democratic governance in the region.




How Human Rights Can Build Haiti


Book Description

A cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.