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The complementarity principle that governs the International Criminal Court is a central discourse of international criminal law. It provides a legal basis to prevent international crimes and support accountability in domestic criminal jurisdictions. Thus, judges, lawyers, and academics have come to view the principle as a benevolent instrument of justice and accountability. Several Third World states have contributed to the development of this principle in significant ways. They have reinforced the principle in domestic jurisdictions, but have also challenged its parameters in ICC proceedings. Focusing on the Kenyan and Libyan cases at the ICC, this thesis rethinks the nature and function of the complementarity principle from a Third World perspective. Using a postcolonial practice of reading and textual analysis, it exposes the relationship between the complementarity principle and the legacies of colonial race discourse by highlighting how the discourse surrounding the complementarity principle reproduces Third World states as Other in divergent ways. The thesis develops a single yet dichotomous framework to make sense of how colonial race discourse shapes the complementarity principle and how ICC judges and the Prosecutor evaluate Third World domestic criminal proceedings along lines of racial difference. It raises the possibility of developing a politics of refusal, as opposed to a politics of transformation, through exposing and dismantling international criminal law's Western and Eurocentric form.

Decentralized governance is recognized as an effective mechanism to reduce the risk of disaster impacts. However, the forced movement of people from their homes in the context of disasters and the impacts of climate change – described in this thesis as ‘disaster displacement’ – warrants increased scholarly attention. Geography, history, and culture have shaped forms of governance in Pacific Island Microstates which are characterized by formal and informal structures that are strongly influenced by customary authority. This thesis therefore asks: how does decentralized governance influence the capacity of Pacific Island Microstates to respond to disaster displacement? To address the research question, this thesis analyses the scholarship on disaster displacement and decentralized governance and examines its implications on the ground through a fieldwork-based case study of the Republic of Palau. The thesis considers how the idea of decentralized governance could be conceptualized in the Pacific. It examines the tension between the view that Pacific Island Microstates lack the capacity to respond to disaster impacts because they are ‘small’, ‘powerless’ and ‘isolated’, against the continuous resilience demonstrated by Pacific peoples. The thesis argues that while common characteristics of Pacific Island Microstates, such as population and geographical size, and a heightened risk of disasters and climate change impacts, do limit the physical and human resources required to address effective disaster risk reduction (DRR) and displacement, the resilience of Pacific peoples can compensate for these limitations. The thesis proposes that to enhance disaster resilience and maximize the capacity of Pacific Island Microstates to address disaster displacement, assumptions underlying both the assumed lack of DRR capacity, and historic Pacific resilience, need to be challenged. The thesis concludes that due to the historic status and social influence of customary authorities, the

In recent decades Australian judicial review of administrative action has been characterised as having taken a different shape to review in countries with a similar common law heritage. One explanation given for this difference is an attachment to what has been called ‘formalism’ or ‘legalism’ in Australian judicial doctrine. This thesis argues that instead, the source of the difference lies in the different normative institutional values of the Australian system of law and government. This thesis is divided into two parts. Part I sketches the contemporary framework of judicial review of administrative action in Australia. It looks at three defining features of it, the constitutional separation of judicial power, the distinction between merits and legality and the concept of jurisdictional error. This part of the thesis draws out the ways in which these features can be recognised as the product of a notion of judicial power which is responsive to institutional context. Part II of the thesis turns to a consideration of the normative values that have shaped conceptions of institutional power in Australia. This part of the thesis argues that, owing to the period in which the Australian Constitution was adopted, and certain aspects of Australian history, the Australian conception of government is characterised by what can be termed ‘new liberalism’ or ‘progressivism’, giving what can be recognised as a ‘functionalist’ character to Australian public law. A key tenet of new liberalism was that freedom was to be achieved through the state. A further tenet was that the people should be ‘self-governing’. Both ideas can be distinguished from the classical conception of liberalism at the centre of the traditional Diceyan conception of constitutionalism. This thesis argues that the presence of these ideas in the decades before and after Federation can be regarded as having helped to shape a concept of judicial power, which operates to prevent arbitrary state action and protect

The case law of the Constitutional Court on the choices of the Constituent, which is the subject of this study, refers to a similar procedure, in a preventive form: the Constituent sometimes immunises a law that he designates, in the preparatory work for constitutional revision, from any subsequent constitutional review. In this case, the Constituent power acts as a kind of preventive lit de justice. As a result, the Constitutional Court bows to this legislative provision, on the grounds that it takes up a “choice of the Constituent”. Before returning to this case law in detail, it is appropriate to set out certain conceptual guidelines (I). Based on these theoretical benchmarks, we will analyse the development of this case law (II) as well as, on the one hand, the inconsistencies that it generates (III) and, on the other hand, the consequences that it implies for the functioning of the rule of law (IV).

Rights – whether substantive or procedural – are a mirage for some groups because administrative and practical obstacles turn the Rule of Law into a chimaera. In this paper, I argue for the recognition of a right to the effective access to rights, as a core element of the Rule of Law. Tackling this issue is crucially important. Indeed, if the principle of equality before the law and fundamental rights have been widely recognised as part of the Rule of Law, one conundrum remains: many people do not have access to the rights they are entitled to because of practical and administrative barriers. Some sporadic measures and laws – “traces” of the right to the effective access to rights – have been taken to alleviate these problems, in a limited way however. I argue that beyond the “right to have rights”, as masterfully theorised by Hannah Arendt concerning post-war stateless persons, the Fundamental rights become an empty promise and the Rule of Law is not worthy of its name if they do not encompass a general right to the effective access to rights deriving from substantive and procedural rights. In short, the right to have effective access to rights is not a pleonasm., info:eu-repo/semantics/nonPublished

Designed to assist organizations preparing to celebrate the Bicentennial of the U.S. Constitution through community and school events, this guide provides educational ideas that can be useful in directing the public's attention to the Constitution and the values it represents. Information is included on selecting forum formats, such as mock legislative hearings, town hall meetings, mock trials, and debates and on how to handle scheduling, space requirements, topics, speakers, audiences, and public relations. How to organize successful planning groups and develop programs are described along with suggestions and potential resources for fund-raising efforts. Ideas are presented for developing local publicity including suggestions for working with local media sources. Educational programs that can be incorporated into local school curricula and sample community forum topics are highlighted. Alternative community activities, such as the use of speakers' bureaus or films, are described. Appendices include bibliographies of: (1) written resources about the U.S. Constitution (175 items); (2) Constitution-related audiovisual materials (228 items); and (3) organizations participating in "We the People" programs. (JHP)

info:eu-repo/semantics/nonPublished

This article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as "soft courts."It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individual views from UNTBs since 1990. Moreover, our European focus is warranted as nearly half of the cases concern states that are also parties to the European Convention on Human Rights. Based on a multi-dimensional analysis of non-refoulement across an original dataset of over 500 UNTB non-refoulement cases, decided between 1990-2020, as well as pertinent UNTB General Comments, the Article finds that whilst UNTBs, at times, do adopt a more progressive position than their "harder"regional counterpart, there are also instances where they closely follow the interpretations of the European Court of Human Rights and, on occasion, adopt a more restrictive position. This analysis complicates the view that soft courts are likely to be more progressive interpreters than hard courts. It further shows that variations in the interpretation of non-refoulement in a crowded field of international interpreters present risks for evasion of accountability, whereby domestic authorities in Europe may favor the more convenient interpretation, particularly in environments hostile to non-refoulement., European Union (European Union); Horizon 2020; European Resarch Council (ERC) Starter Grant; RefMig

The article analyzes the state and prospects of development of the national economy of Ukraine; Certain priority directions of development of certain sectors of the economy of Ukraine are envisaged, which envisage realization of concrete measures and implementation of numerous factors of social, political and economic aspects; Analyzed the statistics over the past five years and revealed a significant number of loss–making enterprises, indicating unfavorable economic conditions in the country, in particular: rapid depreciation of the national currency, rising inflation, declining household incomes, decreasing income and bank loans; Unsatisfactory state and prospects of investment attractiveness of Ukraine, etc. The observed tendency of the next financial crisis in the country due to the existing economic, social and political problems in the country is the level of legislative support and regulation of economic, administrative and legal relations in the process of financial and economic activity, which gives grounds for a scientific statement on the influence of criminal– Legal factors on the growth (in this case, the fall) of the national economy and the welfare of the Ukrainian population. The necessity of creation of such a legislative base, which would drastically improve the investment and legal climate in the country, has allowed to increase volumes of both domestic and foreign investments, which would have an effective influence on overcoming the crisis in the Ukrainian economy and socio–economic potential of the society., В статье исследованы состояние и перспективы развития национального хазяйства Украины на примере статистических данных; законодательное урегулирование хозяйственных, административных и правових отношений в процессе финансово–экономической деятельности. Обоснованы научные утверждения относительно влияния криминально–правовых факторов на рост (падение) национальной экономики и благосостояния населения Украины., У статті досліджені стан та перспективи розвитку національного господарства України на прикладі статистичних даних; законодавче врегулювання господарських, адміністративних та правових відносин у процесі фінансово–економічної діяльності. Обгрунтовано наукові твердження щодо впливу кримінально–правових факторів на зростання (падіння) національної економіки та добробуту населення України.

Comparative discussion focusing on the protection of legitimate expectations in the UK and Belgium, chaired by Dr Paul Daly.

Neste texto, exploramos - num contexto de envelhecimento - a possibilidade de determinar se, e por que, pode a taxa de contribuição de um sistema de pensões ser injustamente alta. Essa é só uma janela que permite olhar, de maneira mais geral, para os problemas principais de justiça inter-geracional que o envelhecimento das nossas populações coloca. Seguiremos três passos. Começamos com uma população de longevidade alta mas sem heterogeneidade de longevidades. Depois introduzimos desigualdades de longevidade dentro de cada geração. Finalmente, olhamos para um mundo onde a longevidade da nova geração é mais alta do que a da geração anterior. Na ausência de heterogeneidade de longevidade, torna-se complicado propor razões significativas para nos preocuparmos com uma taxa de contribuição excessivamente alta para os ativos. Isso tem a ver com a necessidade de levar a sério a intuição – frequente e plausível – de justiça distributiva entre vidas inteiras. Uma vez que introduzimos a heterogeneidade de longevidades, a preocupação de justiça entre pessoas de vida curta e longa acaba por ter um papel essencial. E mostramos que, surpreendentemente, o envelhecimento populacional atenua este problema em vez de o reforçar.

The acclaimed Rappaport Center for Law & Public Policy provides educational programs, career mentoring, and financial support to law students interested in government and public policy. Visit http://www.bc.edu/rappaport for more information.

The establishment of state-sponsored militia led to human rights violations in armed conflicts in Indonesia. Most of the state-sponsored militia was formed and supported by the Indonesian National Defense Forces (Tentara Nasional Indonesia), and based on the implementation of a concept called the Total People’s Security and Defense System (sistem pertahanan rakyat semesta-sishankamrata¬). Total People’s Defense is a legacy from Indonesia’s experience during the armed revolution for independence (1945-1949) and is recognized by the Second Amendment to the 1945 Constitution. This thesis focuses on the implementation of the Total People’s Defense by Indonesia in East Timor and Aceh and its pervasive effects on local populations.This thesis addresses the logical and legal gap between the professional Indonesian military and state-sponsored militias as part of the Indonesian military strategy. It focuses on the consequences of this gap across constitutional, human rights, and international humanitarian law. The thesis argues that only by shedding light on this gap can we truly understand the pervasiveness and power of the military in Indonesia, further complicated by numerous human rights violation and breaches of international humanitarian law. The thesis proposes the abolition of militia groups and engages with alternatives such as total demobilization, regularization, or security sector reform.The originality of this thesis lies in uncovering the legal mechanics that enable the endurance and might of the Total People’s Defense doctrine, as opposed to previous research that focused primarily on historical or political dynamics. First, the thesis uses doctrinal analysis of international humanitarian law as a tool for analyzing the problems of the Total People’s Defense and discussing the pattern of Indonesian responsibility in international law. Secondly, socio-legal approaches are used in analyzing viable solutions to abolish the militia by using the broader socio-poli

This paper explores how can the concept of constitutional identity be apprehended in contexts where a new constitution is adopted but is yet to be implemented by discussing the case of Tunisia, which adopted a new Constitution in January 2014.

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Rhetoric on the topic of Australian citizenship has widely emphasised its significance, particularly as a source of important rights and corresponding obligations. Despite this, as many commentators have noted, the constitutional limits of Parliament’s power over citizenship remain unsettled, and the rights and obligations that legally distinguish citizens from non-citizens are not easy to identify. This thesis is motivated by a desire to determine the extent to which claims about the significance of Australian citizenship are reflected in its reality, as a legal concept.There are three dimensions in which the legal concept of Australian citizenship is shaped: constitutional law, statute law and the common law. The thesis conducts a doctrinal study driven by two questions: First, what are the parameters of citizenship, and what rights and obligations are generated for citizens, within each of the three dimensions identified? Secondly, to what extent do the three dimensions intersect in a manner that helps to inform the legal meaning of Australian citizenship?The study finds that, within each individual dimension, silences and ambiguities limit the potential for a cohesive notion of citizenship that gives rise to clear rights and obligations to emerge. However, it demonstrates that, by paying close attention to the intersections between the three dimensions, it is possible to arrive at a conceptualisation of Australian legal citizenship that is more cohesive than the law within any individual domain would suggest. The thesis illustrates one way in which the intersections between the different citizenship dimensions might be coherently resolved. This is by no means the only interpretation available, nor does it provide an answer to every question that has plagued citizenship law in Australia. However, it serves as an indication of the potential for a clearer notion of Australian legal citizenship than that which exists at present to be developed through focus on the c

Described are various models and methods that have helped communities around the United States and Canada give the public a better understanding of legal and judicial systems. An introductory section discusses the role of the legal profession in improving public understanding of the law, how to put together a team to teach about the judicial system, how to find out what the public wants to know about the law, the need for lawyers to write better in order to reach and teach the public, the Canadian approach to public legal education, and how the American Bar Association (ABA) can help with public understanding about the law. The bulk of the publication contains descriptions of model programs. These include favorite programs of the ABA, programs sponsored by judges and the courts, media-related efforts, community education through legal services, school-based programs, and getting the law to the professional community. (RM)

In response to 9/11 and in the early stages of the Iraq War, Western governments relied on ‘hard’ coercive strategies for countering political violence that posed significant problems for human rights and the rule of law. Some years later, when it became clear that those coercive strategies would not provide a sustainable solution over the long-term, the same governments developed ‘soft’ policy responses to political violence which were designed to mitigate the excesses of previous years. These soft policy responses are viewed as having the capacity to improve social cohesion and reduce marginalisation, and they are designed to work alongside existing coercive measures. In combining hard and soft responses in this way, Western governments have created strategies for countering political violence that epitomise Joseph Nye's influential theory of ‘smart power’. Smart power suggests that governments can best achieve their policy objectives by supplementing hard power (coercion, threats and inducements) with soft power. Nye defines soft power as the capacity to influence behaviour through culture, ideology and institutions. This smart power model hinges on three key ideas or premises: (1) hard power and soft power are distinct, (2) soft power is morally preferable to hard power, and (3) hard power and soft power are complementary. The thesis refers collectively to these three ideas as ‘smart power thinking’. What is striking about Nye's theory is that he recognises a range of tensions, problems and complexities underlying each idea, but he largely dismisses these more complex issues in recommending that governments develop smart power strategies. This thesis critically examines smart power thinking in two separate but related fields: domestic counter-terrorism and foreign counter-insurgency. It does so through four case studies: UK counter-terrorism since 9/11, Australian counter-terrorism since 9/11, the Malayan Emergency of 1948-60 and the Iraq War during the Surge of