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Reassessing the Rule of Law Legacy of the Khmer Rouge Tribunal
No full textThe focal point of transitional justice efforts in Cambodia have been recently-completed criminal prosecutions at the Extraordinary Chambers in the Courts of Cambodia (“ECCC”). Like other international criminal justice institutions, the ECCC has been framed as not only a criminal court, but also as an institution capable of helping achieve various transitional justice goals such as improving the rule of law and respect for human rights domestically in Cambodia. This Article identifies troubling connections between the ECCC experience and the Cambodian government’s increasing use of rule by law tactics in recent years. The Article identifies two related ways in which the ECCC experience may have further damaged, rather than helped mend, the rule of law in Cambodia. First, by providing training to Cambodian legal actors beholden to the autocratic government, the ECCC has engaged in a form of “negative capacity-building” by enhancing the abilities of such actors to weaponize Cambodia’s legal system against perceived threats to the dominant Cambodia People’s Party (“CPP”). Second, by playing into the dominant social perception in Cambodia that powerful CPP-aligned actors remain the ultimate arbiters of contentious legal cases, even when producing inconsistent, incompatible outcomes, the Court’s social messaging has lent some legitimacy to rule by law tactics in Cambodia. These negative rule of law outcomes are especially troubling given the authoritarian backsliding Cambodia has recently experienced. Moreover, the potential negative rule of law legacy of the ECCC should serve as a cautionary tale against the notion that international criminal law prosecutions solely produce positive rule of law effects in postatrocity States
19. Yugoslavia: Death of A Nation -- Part III: Wars of Independence
No full textThe Death of Yugoslavia (Serbian, Montenegrin, Bosnian, Croatian and Slovenian: Smrt Jugoslavije, Macedonian: Смртта на Југославија, Smrtta na Jugoslavija), later retitled into Yugoslavia: Death of a Nation in an updated and revised edition, is a six part BBC documentary series first broadcast in 1995, and also the name of a book written by Allan Little and Laura Silber that accompanies the series. The book and film cover the collapse of the former Yugoslavia from three decades ago. Notable in its combination of never-before-seen archive footage interspersed with interviews of most of the main players in the conflict, including Slobodan Milošević, the leader of Serb nationalism, then President of Serbia, through the secession of Slovenia and Croatia, to the war in Bosnia. Film footage does not extend as far as the Kosovo crisis or the secession of Montenegro. (abstract from Simon Gros\u27s Vimeo page) —————— Part 3: Wars of Independence Slovenia and Croatia soon declare their independence and ask for international recognition. But Belgrade (the capital of both Serbia and Yugoslavia) does not see it this way because it soon means the collapse of Yugoslavia
15. United States Bosnian policy: politics, careers, and principles/ ABC Nightline, undated
No full textThe Motivation Paradox: Exploring Copyright’s Assumptions About Creativity and the Allocation of Creative Resources
No full textCopyright is instrumental in promoting the progress of science by encouraging authors and other creators to produce and disseminate creative works by granting them an exclusive property right over the creative resources they produce. However, only some copyrighted works correlate with this goal. Some works do not promote a better society, while others harm society’s well-being. The existence of these works demonstrates that the legal structures in copyright law are somehow encouraging the production of works that do not correlate with the goals of progress. One reason might be that the law has not adequately defined the word “progress.” The ill-definition of progress, the grant of exclusive property rights over creative resources, and the reliance on market rewards to support the incentive to create all undermine the creation of socially impactful works that have a more direct bearing on societal progress.
This Article hypothesizes that the cause for the disconnect between creative production and societal progress is due to copyright law’s assumption that there is a single motivator for creativity, which is market rewards, when human beings are motivated to creativity for a multitude of reasons—some intrinsic, such as the innate desire to improve and make a difference, and others extrinsic, such as the motivator to make money from the market. This Article will show how artistic and creative works created by an intrinsically motivated author or creator can facilitate dialogue, include and support marginalized communities, create social change, and mobilize people for social innovation. This indicates that the content of creative works and their impact on society vary depending on whether the author or creator was intrinsically or extrinsically motivated when the work was created, meaning that motivators matter when producing works. As a result, this Article proposes that intrinsic motivators must be insulated from extrinsic ones and presents a taxonomy of normative arrangements of how creative resources may be allocated in society based on the first author’s and subsequent users’ motivation for creating works
Blackness at the Intersection: Intersectionality and the Black Diaspora
No full textA ground-breaking collection applying Crenshaw\u27s concept of intersectionality to the black diasporic experience in Britain.
In the 1980s, Professor Kimberlé Crenshaw first coined the term \u27intersectionality\u27. Since then, the concept has spread across national and disciplinary boundaries, and has had a transformative impact on the way in which we understand identity and the experience of discrimination. But outside the US, the application of intersectional theory has largely been disconnected from any analysis of \u27Blackness\u27, despite intersectionality\u27s origins in critical race theory (CRT).
Curated by Crenshaw, Andrews and Wilson as well as several of the leading scholars of CRT, this collection bridges that gap, and is the first to apply both these concepts to contexts outside the US. Focusing on Blackness in Britain, the contributors examine how scholars and activists are employing intersectionality to foreground Black British experiences. Its essays encompass key issues such as gender and Black womanhood, issues of representation within contemporary British culture, and the position of Black Britons within institutions such as the family, education and health. The book also looks to the role intersectionality can play in shaping future political activism, and in forging links beyond \u27Blackness\u27 to other social movements.https://scholarship.law.columbia.edu/books/1375/thumbnail.jp
