1. Justice : Security and Justice Thematic Paper
- Author
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Desai, Deval and Sage, Caroline
- Subjects
CONTAINMENT ,RECONCILIATION ,CONSTITUTIONAL REFORM ,CONVENTION ,PRISONERS ,MULTINATIONALS ,THEFT ,LAND ISSUES ,CRIMES ,MEETINGS ,CODES ,JUSTICES ,DEFENSE LAWYERS ,PROSECUTIONS ,INFORMAL SECTOR ,JUSTICE SYSTEM ,INTERNATIONAL COOPERATION ,YOUTH VIOLENCE ,TRIAL ,ABUSES ,WAR ,VIOLENCE ,TRANSPARENCY ,ARBITRATORS ,EQUALITY BEFORE THE LAW ,COMPARATIVE LAW ,ACCESS TO LAND ,PEACE AGREEMENTS ,INHERITANCE ,INSTITUTIONAL CAPACITY ,TRIBUNALS ,PEACE ,PATRONAGE ,SEPARATION OF POWERS ,WARFARE ,OPPRESSION ,MULTINATIONAL ,PUBLISHERS ,ARMED FORCES ,PROPERTY RIGHTS ,NATIONALISM ,CIVIL WARS ,DONOR COUNTRIES ,COUNTERPARTS ,JUDGES ,ETHNIC POLITICS ,NEGOTIATIONS ,VICTIMS ,ATTORNEYS ,DOMINANCE ,MINISTER ,LEGAL RESPONSIBILITY ,LABOR LAWS ,COURT ,EMPOWERMENT ,HOMICIDE ,LAW REFORM ,INTERNATIONAL DONORS ,INTERNATIONAL NORMS ,CRISIS MANAGEMENT ,CRIMINALS ,LEGAL AID ,CITIZENSHIP ,CIVIL SOCIETY ORGANIZATIONS ,MULTINATIONAL ENTERPRISES ,BANKRUPTCY ,CODES OF CONDUCT ,POLITICAL WILL ,POSSESSION ,JUDICIARY ,CONFLICT MANAGEMENT ,JUDGE ,MONOPOLY ,ACTIONS ,CIVIL SERVANTS ,ADMINISTRATIVE LAW ,POLICE ,JUSTICE ,TRIALS ,JUDICIAL REFORM ,YOUTH ,REMEDIES ,FOREIGN CORRUPT PRACTICES ACT ,CRIMINAL ,LAND DISPUTES ,RULINGS ,LEGAL REFORMS ,CONFIDENCE ,INITIATIVE ,GOOD GOVERNANCE ,CUSTOMARY LAW ,FEDERALISM ,PRIVATIZATION ,COMMUNITY CONFLICT ,ELECTIONS ,UNDP ,LEGAL FRAMEWORKS ,LEGAL SYSTEMS ,VIOLATIONS ,HOME ,COLLAPSE ,CORRUPTION ,LEGISLATIVE PROCESS ,LAWS ,NATIONAL LAW ,POLITICAL PARTIES ,WORLD DEVELOPMENT ,LEADERSHIP ,GENDER ,ACCOUNTABILITY ,EU ,FREEDOM OF INFORMATION LEGISLATION ,OBSERVER ,INTERNATIONAL LEVEL ,VIGILANTISM ,BASIC SERVICES ,COMPARATIVE ANALYSIS ,STATE INSTITUTIONS ,LEGAL RESOURCES ,WAR CRIMES ,MODALITY ,SECURITY FORCES ,TECHNICAL ASSISTANCE ,ACTS ,INTERNATIONAL LEVELS ,LEGAL PLURALISM ,SEXUAL VIOLENCE ,CIVIL SOCIETY ,LEGAL CHALLENGES ,INTERNATIONAL STANDARDS ,LEGALITY ,NATIONS ,CIVIL WAR ,RULE OF LAW ,HOUSES ,VIOLENT CONFLICT ,ARBITRATION ,COMMUNITY VIOLENCE ,CRIME ,SOCIAL RIGHTS ,JURISDICTION ,TAX LAW ,MILITARY LEADERS ,CRIMINAL JUSTICE ,SANCTIONS ,JURISPRUDENCE ,FOUNDATIONS ,CORRUPT ,GLOBAL GOVERNANCE ,DEMOCRACY ,LAND OWNERSHIP ,RELIGIOUS LAW ,ARMED CONFLICT ,MEDIA ,CONFLICT PREVENTION ,RAPE ,RECONSTRUCTION ,DISPUTE RESOLUTION ,COMMON LAW ,BRIBERY ,TRADE AGREEMENT ,SECESSION ,CONFLICT RESOLUTION ,PROSECUTORS ,FOREIGN CORRUPT PRACTICES ,ECONOMIC BENEFITS ,HUMAN RIGHTS ,LEGAL ISSUES ,PUBLIC OPINION ,FREEDOM OF INFORMATION ,EQUALITY ,ECONOMIC DEVELOPMENT ,REBEL ,ASIAN STUDIES ,MEDIATION ,GANGS ,AUTHORITY ,LOCAL CONFLICT ,GENOCIDE ,INTERNATIONAL SUPPORT ,CONSTITUTIONS ,DUE PROCESS ,LEGAL PROTECTION ,POPULAR PARTICIPATION ,LEGAL FORMS ,EUROPEAN UNION ,APPLICABLE LAW ,ACCESS TO JUSTICE ,LABOR LAW ,COMPROMISES ,INDIVIDUAL RIGHTS ,INTERNATIONAL COMMUNITY ,RULING PARTY ,COURTS ,INTERNATIONAL ASSISTANCE ,FINAL JUDGMENT ,JUDICIAL CORRUPTION ,LEGAL REFORM ,SELF-DETERMINATION ,SOCIAL STRUCTURE ,INTERNATIONAL LAW ,LEGISLATION ,COMPLAINTS ,OFFICIAL LANGUAGE ,ANTI-CORRUPTION ,CONFLICTS ,UNIVERSITIES ,HARASSMENT ,MARGINALIZATION ,PRE-TRIAL DETENTION ,LEGAL FRAMEWORK ,LAWYERS ,REFUGEE ,FINANCIAL SUPPORT ,WAR ECONOMIES ,POLITICAL SETTLEMENT ,DISCRIMINATION ,LEGITIMACY ,PEACEBUILDING ,GENDER RIGHTS ,GOVERNMENT OFFICIALS - Abstract
There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts. However, while legal, regulatory and 'justice' institutions are now seen as key part of the 'solution' to problems of conflict, fragility and development, this recognition is not matched by a correspondingly clear sense of what should be done, how it should be done, by whom, in what order, or how 'success' may be determined. There often tends to be a clear misunderstanding of both the nature of the problem and (thus) of the solution. In this paper, the author seek to provide some insight into these questions and sketch out a practical conception of effective justice reform in situations of conflict and fragility that may provide the basis for effective programming.
- Published
- 2010