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This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write...
The topic of Progressive Governance which is the focus of this volume is today inconceivable without the global modernization process which has permeated our societies and our daily lives. The 14 reform-minded heads of State and government who discussed Progresssive Governance in Berlin in June 2000 have above all else embraced this modernization process as an opportunity. Governments are under great pressure to provide political responses to the visible and tangible process of globalization. Particularly in the face of ever faster merging economies, the information revolution, unrestricted capital mobility and global culture change, people expect globalization to be managed politically and ...
Governance discourse centers on an “ideal type” of modern statehood that exhibits full internal and external sovereignty and a legitimate monopoly on the use of force. Yet modern statehood is an anomaly, both historically and within the contemporary international system, while the condition of “limited statehood,” wherein countries lack the capacity to implement central decisions and monopolize force, is the norm. Limited statehood, argue the authors in this provocative collection, is in fact a fundamental form of governance, immune to the forces of economic and political modernization. Challenging common assumptions about sovereign states and the evolution of modern statehood, parti...
In the past two decades, governance theories have arisen semi-independently across multiple disciplines. In law and regulation, planning, democratic theory, economics, public management, and international relations, among other disciplines, scholars have sought to describe new strategies of governing. As a result, the notion of governance is now one of the most frequently used social science concepts in the world. No single theory encompasses this diverse body of work, but rather multiple theories with different aims and perspectives. The Handbook on Theories of Governance collects these theories of governance together as an analytical resource for governing in an increasingly complex, fragmented and dynamic society.
One of the keys to dealing with militant Islamic groups is understanding how they work with, relate to, and motivate their constituencies. Mobilizing the Faithful offers a pair of detailed case studies--of the Egyptian groups al-Jamaa al-Islamiyya and al-Jihad and Lebanon's Hizbullah--to identify typical forms of support relationships, development patterns, and dynamics of both radicalization and restraint. The insights it offers into the crucial relationship between militants and the communities from which they arise are widely applicable to violent insurgencies not only in the Middle East but around the world.
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questio...