Journal Service - Georg-August-Universität Göttingen
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Promoting the Rule of Law Through the Law of Occupation? An Uneasy Relationship
No full textA core objective of the law of occupation has traditionally been that theoccupying power should heed rule of law standards in the administration of theoccupied territory. Less clear is whether it should also seek to inculcate rule oflaw standards into the local government. To be sure, the pertinent rules of thelaw of occupation provide for far-reaching competences of the occupying power.However, given the predominately negative, security-focused and conservationistnature of the occupier’s powers, its involvement in the “rule of law transfer”business should not be overrated. While it is true that two major post-1945developments, i.e. international human rights law and the involvement of theUN Security Council, have contributed toward broadening, recalibrating,and dynamizing the applicable legal standards in situations of occupation,it is nonetheless crucial to resist the temptation to concede, in the name ofpromoting the rule of law, too much legislative leeway to the occupying power.Thus, the question whether, and to what extent, the law of occupation mandatesthe occupying power to engage in promoting the rule of law in the occupiedterritory, calls for a differentiated, and cautious, answer
Robin P. Harris, Storytelling in Siberia: The Olonkho Epic in a Changing World (2017)
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656298
A Theoretical Introduction and Legal Perspective on Rule of Law Transfers
No full textThis Special Issue of the Goettingen Journal of International Law (GoJIL) dealswith the theme of The Law Behind Rule of Law Transfers. Transfers of the ruleof law between legal orders have been studied extensively in academia. Yet, sofar scholarship has, in this regard, predominantly centered around the socio-political questions.There is, however, more to explore. The GoJIL Special Issue, therefore, departsfrom common scholarly paths and intends to assess and explain rule of lawtransfers as a legal phenomenon, applying a particular doctrinal perspective. Suchan analytical perspective is based on the assumption that rule of law transfers donot only consider the law but, although being ontological processes, encompassa legal dimension themselves.The following introduction will establish the theoretical basis on which sucha legal approach shall be carried out. Four arguments will be developed: First,that there exists a plurality of state and non-state legal orders which interact ona global scale (A.). Second, that one particular way of such interaction is thetransfer of legal items between legal orders (B.). Third, that the rule of law, asa fundamental legal concept, is such an item and subject to legal transfers (C.).And fourth, that – without doubting the influence of many social and politicalfactors – the law itself plays an underestimated role with respect to rule of lawtransfers in the global plurality of legal orders (D.). Subsequently, the wide rangeof legal perspectives on the topic of rule of law transfers contained in this specialissue shall briefly be outlined (E.)
The Law Behind Rule of Law Promotion in Fragile States: The Case of Afghanistan
No full textRule of law (RoL) promotion has become a go-to-tool in the complex processof stabilizing and rebuilding (post-)conflict States. The process is driven by aheterogeneous group of national, foreign, and international actors who defineand prescribe RoL norms and standards, who programme, finance, implement,and eventually monitor RoL reforms. While the legitimacy and effectiveness ofRoL promotion has undergone scrutiny, particularly within the overall contextof international development assistance, an aspect that has so far received littleattention is the legality of RoL promotion. This concerns both the mandate ofthe various actors and the execution of RoL activities on the ground.Since 2001, the international community has intensely supported the RoL inAfghanistan rendering it a veritable testing ground for RoL promotion. Thearticle explores the legal framework for actors in RoL promotion in Afghanistanfrom 2001 up to the present day, with a focus on the German Government, itsdevelopment cooperation agencies, and private non-governmental organizations(NGOs).The article shows that while detailed rules bind the monitoring and evaluation ofRoL activities in line with the existing international frameworks for developmentassistance, few laws and principles guide the programming and implementationof RoL promotion. The existing standards are generally too abstract to guidespecific RoL promotion activities. Further concretization and harmonization isnecessary in the interest of the sustainability of RoL promotion in Afghanistan– and elsewhere
#NoBorders. Världens Band: Creating and Performing Music Across Borders
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656297
Organised Cultural Encounters: Collaboration and Intercultural Contact in a Lullaby Choir
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656297
