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Foreign direct investment (FDI) can deliver benefits beyond the provision of capital, such as efficiency gains. We argue that the theorised positive effects of economic linkage are reduced when linkages are based on natural resources. Domestic elite coalitions supporting reform are also weaker in countries with extensive natural resources. Kazakhstan and Azerbaijan have high-value natural resources and significant FDI, making them most likely cases for reform. Kyrgyzstan is a contrasting case as it has few natural resources. We find that the institutional reforms we would anticipate because of linkages have not occurred and those that exist are often cosmetic. [ABSTRACT FROM AUTHOR]

The property rights of children is an understudied area that straddles the development/humanitarian divide. Access to assets is important to the livelihood choices and economic well-being of adults. Yet, adults' ability to claim property can be significantly impaired by humanitarian emergencies that occurred in their youth. We typically do not think of children as economic actors because of their age; their property rights are future rights not yet realized. This paper addresses the future rights to property held by children and examines how fragile environments, characterized by conflict, displacement and disease, can undermine their ability to claim those rights when they become adults, thus depriving them of assets. We identify two types of responses that can begin to address this problem: (1) legal changes to protect children's assets when guardianship is lost; and (2) actions that can be taken by humanitarian organizations to identify children's assets and protect them through conflict and displacement. This is a particularly salient topic at the current time when the numbers of displaced people are higher than any time previously recorded, and half of the displaced are children. [ABSTRACT FROM AUTHOR]

Customary law is an alternative legal framework to statute or public law. In the past, the existence of customary law was viewed as problematic due to the uncertainty which accompanies legal pluralism. Increasingly, scholars are recognizing legal pluralism as simply a reality to be negotiated, rather than a problem. One frequently proposed solution to the difficulties posed by the existence of customary law is to write it down, or ascertain it, in order to provide for legal certainty. This article addresses this goal in three parts. The first part describes customary law and how it functions in its uncodified form in post-colonial settings, specifically in Sub-Saharan Africa and parts of Asia. While customary law thrived under colonization, it merely survived socialism where it was often explicitly undermined. The second part of the article details the reasons why scholars and public officials have often suggested writing customary law down as a solution, and situates these arguments within the contemporary debate on legal pluralism. In the third section, a specific case of written customary law, the Albanian Kanun of Lekë Dukagjini, is analyzed with a focus on its modem usage in a post-socialist context. The paper concludes noting that ascertainment does not bring legal certainty to customary law in the ways that are anticipated. Writing down an oral tradition or a practice may produce a document for reference, but this does not limit its use nor necessarily increases the predictability of its application. The article also emphasizes the role of customary law in defining group identity in post-socialist settings. [ABSTRACT FROM AUTHOR]

There is currently in international law an overstatement of the tie between property and identity. International conventions have folded property into a set of immutable human rights. There needs to be greater flexibility and nuance in this perspective. In this article, we identify two approaches to property rights: the first, which argues that property and identity are necessarily bundled together and considers property to be a human right; and the second, which understands them as explicitly separate and views property as a commodity. Empirically, we observe a transition between these two competing ideas. We posit that this transition happens voluntarily, with market development, or involuntarily through displacement due to conflict and disaster. The relationship between property and identity changes based on time, circumstance, and individual choice. Rights-based norms regarding property, and more specifically the restitution of property after displacement, need to be sufficiently flexible to encompass changes in identity and context. [ABSTRACT FROM PUBLISHER]

The article offers information about the gacaca courts in Rwanda, which were established to rectify genocide and assess the guilt or innocence of the people held in jails. The courts, which are held outside on the grass or gacaca under shelters, involve listing all the people present in an area before the genocide, those were killed and the accused. The gacaca courts are considered as the best option for trial for being more efficient in enlisting the support and participation of local communities. However, many people fear that the gacaca courts will only serve to open old wounds and retraumatize those who have already suffered.