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Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad PDF Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
ISBN: 0870032666
Category : Political Science
Languages : en
Pages : 296

Book Description
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad PDF Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
ISBN: 0870032666
Category : Political Science
Languages : en
Pages : 296

Book Description
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Promoting the Rule of Law Abroad

Promoting the Rule of Law Abroad PDF Author: Thomas Carothers
Publisher:
ISBN: 9780870032196
Category : Business & Economics
Languages : en
Pages : 363

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).

Rule of Law Dynamics

Rule of Law Dynamics PDF Author: Michael Zurn
Publisher: Cambridge University Press
ISBN: 1139510975
Category : Law
Languages : en
Pages : 401

Book Description
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).

The Court and the World

The Court and the World PDF Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Category : Law
Languages : en
Pages : 402

Book Description
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

The Rule of Law in Afghanistan

The Rule of Law in Afghanistan PDF Author: Whit Mason
Publisher: Cambridge University Press
ISBN: 1139495526
Category : Law
Languages : en
Pages : 367

Book Description
How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.

Democracies and International Law

Democracies and International Law PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108843131
Category : Law
Languages : en
Pages : 349

Book Description
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Jurisdiction in International Law

Jurisdiction in International Law PDF Author: Cedric Ryngaert
Publisher:
ISBN: 0199688516
Category : Law
Languages : en
Pages : 273

Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Who Gets a Childhood?

Who Gets a Childhood? PDF Author: William S. Bush
Publisher: University of Georgia Press
ISBN: 0820337196
Category : History
Languages : en
Pages : 274

Book Description
Using Texas as a case study for understanding change in the American juvenile justice system over the past century, the author tells the story of three cycles of scandal, reform, and retrenchment, each of which played out in ways that tended to extend the privileges of a protected childhood to white middle- and upper-class youth, while denying those protections to blacks, Latinos, and poor whites. On the forefront of both progressive and "get tough" reform campaigns, Texas has led national policy shifts in the treatment of delinquent youth to a surprising degree. Changes in the legal system have included the development of courts devoted exclusively to young offenders, the expanded legal application of psychological expertise, and the rise of the children's rights movement. At the same time, broader cultural ideas about adolescence have also changed. Yet the author demonstrates that as the notion of the teenager gained currency after World War II, white, middle-class teen criminals were increasingly depicted as suffering from curable emotional disorders even as the rate of incarceration rose sharply for black, Latino, and poor teens. He argues that despite the struggles of reformers, child advocates, parents, and youths themselves to make juvenile justice live up to its ideal of offering young people a second chance, the story of twentieth-century juvenile justice in large part boils down to the exclusion of poor and nonwhite youth from modern categories of childhood and adolescence.

The Future of Freedom: Illiberal Democracy at Home and Abroad (Revised Edition)

The Future of Freedom: Illiberal Democracy at Home and Abroad (Revised Edition) PDF Author: Fareed Zakaria
Publisher: W. W. Norton & Company
ISBN: 0393069397
Category : Political Science
Languages : en
Pages : 303

Book Description
“A work of tremendous originality and insight. ... Makes you see the world differently.”—Washington Post Translated into twenty languages ?The Future of Freedom ?is a modern classic that uses historical analysis to shed light on the present, examining how democracy has changed our politics, economies, and social relations. Prescient in laying out the distinction between democracy and liberty, the book contains a new afterword on the United States's occupation of Iraq and a wide-ranging update of the book's themes.

Plunder

Plunder PDF Author: Ugo Mattei
Publisher: John Wiley & Sons
ISBN: 1405178949
Category : Social Science
Languages : en
Pages : 306

Book Description
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?