UN Peacekeeping and the Rule of Law

2020 ◽  
pp. 1-18 ◽  
Author(s):  
ROBERT A. BLAIR
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
The Rule Of Law ◽  
Un Peacekeeping ◽  
The Impact ◽  
The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

Promoting the Rule of Law through the Principle of Subsidiarity in the African Union: A Critical Perspective

2019 ◽  
Vol 8 (1) ◽  
pp. 27-51
Author(s):  
O’Brien Kaaba ◽  
Babatunde Fagbayibo
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Eastern Africa ◽  
African Union ◽  
Critical Perspective ◽  
Regional Economic ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
The Relationship ◽  
Consistent Approach

The relationship between African Union (AU) and Regional Economic Communities (recs) frameworks, especially as it relates to the application of the principle of subsidiarity to intervention that aims to ensure strict adherence to democratic standards, is at the heart of this article. Although there exists a 2007 ‘Draft Protocol on the Relations Between the African Union and the Regional Economic Communities’, it is yet to be adopted, and more importantly, its provisions are ambiguous. The same problem of ambiguity applies to the 2008 ‘Memorandum of Understanding (mou) on Cooperation in the Area of Peace and Security Between the African Union, The Regional Economic Communities and the Coordinating Mechanism of The Regional Standby Brigades of Eastern Africa and Northern Africa’. The lack of a consistent approach to situations in Burundi, The Gambia and Zambia, has since raised the question of subsidiarity, or to put it more specifically, the vague articulation of the concept in the AU. In redressing this problem, the article provides some normative suggestions on how to ensure the effective application of the principle of subsidiarity in advancing democracy and good governance in Africa.

scholarly journals Digital Constitutionalism: Using the Rule of Law to Evaluate the Legitimacy of Governance by Platforms

2018 ◽  
Vol 4 (3) ◽  
pp. 205630511878781 ◽  
Author(s):  
Nicolas Suzor
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Good Governance ◽  
Contract Law ◽  
Private Governance ◽  
The Rule Of Law ◽  
The Core ◽  
Urgent Task ◽  
Social Media Platforms ◽  
The Relationship

Platforms govern users, and the way that platforms govern matters. In this article, I propose that the legitimacy of governance of users by platforms should be evaluated against the values of the rule of law. In particular, I suggest that we should care deeply about the extent to which private governance is consensual, transparent, equally applied and relatively stable, and fairly enforced. These are the core values of good governance, but are alien to the systems of contract law that currently underpin relationships between platforms and their users. Through an analysis of the contractual Terms of Service of 14 major social media platforms, I show how these values can be applied to evaluate governance, and how poorly platforms perform on these criteria. I argue that the values of the rule of law provide a language to name and work through contested concerns about the relationship between platforms and their users. This is an increasingly urgent task. Finding a way to apply these values to articulate a set of desirable restraints on the exercise of power in the digital age is the key challenge and opportunity of the project of digital constitutionalism.

Reform of Banking Laws and Regulations in Iran

2021 ◽  
Vol 3 (4) ◽  
pp. 1-110
Author(s):  
Ardeshir Atai
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
Reform Process ◽  
Reform Initiatives ◽  
Money Markets ◽  
The Rule Of Law ◽  
Banking And Finance ◽  
International Financial Architecture

Abstract The law reform process entails government policies and plans for the liberalization, privatization and deregulations of the economy including the banking and money markets. The International financial institutions (IFIs), International Development Agencies (IDAs) and the International Financial Architecture have pioneered law reform initiatives based on the rule of law practice and good governance. The dominant theory advocated by Perry-kessaris postulates that a sound legal system is attractive for foreign direct investment (FDI). The bilateral investment treaties (BITs) contain international law standards which can be used as a model for reforming laws and institutions in the host state including prudential regulation of banking and finance. Iran – a resource-rich country has signed many BITs with capital-exporting countries indicating its willingness to enforce the rule of law on the international level.

Introspecting the Office of the Special Prosecutor's Act and Ghana's Constitutional Framework on Anti-Corruption

2020 ◽  
Vol 28 (2) ◽  
pp. 219-243
Author(s):  
E. Kofi Abotsi
Keyword(s):  
Rule Of Law ◽  
Public Service ◽  
Law Reform ◽  
The Political ◽  
The Rule Of Law ◽  
Political Actors ◽  
Legal Rules ◽  
Exogenous Factors ◽  
The Impact ◽  
Public Service Obligation

There exists broad consensus that the reality and persistence of corruption under the 1992 Ghanaian Constitution undermines the ongoing attempt at democratic consolidation and responsible governance. From the standpoint of constitutional trusteeship, corruption has been said to undermine regime legitimacy and the overall public service obligation incumbent on political actors. However, past attempts at fighting the menace through the mechanism of law reform have floundered. The recent passage of the Office of the Special Prosecutor's Act 2018 (Act 663) represents yet another statement of intent to reinforce the accountability framework of the constitution and presents opportunities for fresh but nuanced reflections on the impact of the Constitution and legal rules on the prevention and suppression of corruption in Ghana. This article reviews the passage of the new law within the context of the political economy of the Rule of Law (ROL) and anti-corruption initiatives in Ghana. In this vein, the author makes the broad claim that while advocates of the ROL might race to appropriate any glory for its passage and future effectiveness, the reality cannot be denied that legally exogenous factors arguably constitute the main levers of change in the fight against corruption in Ghana. Accordingly, the success of this law depends on a host of contextual systemic and other variables impacting its operation.

The Importance of the Thin Conception of the Rule of Law for International Development: A Decision-Theoretic Account

2015 ◽  
Vol 8 (2) ◽  
Author(s):  
Christopher D. Boom
Keyword(s):  
Economic Growth ◽  
International Development ◽  
Rule Of Law ◽  
Negative Relationship ◽  
Special Focus ◽  
Theoretic Analysis ◽  
Legal Compliance ◽  
The Rule Of Law ◽  
Development Goals ◽  
The Relationship

AbstractThe rule of law is frequently claimed to be an important factor – if not a necessary element – for advancing international development. Among the development goals conformity with the rule of law has been thought to advance are economic growth, legal compliance, and respect for human dignity. Yet, as many commentators have observed, any attempt to draw straightforward conclusions about the relationship between the rule of law and these aims will inevitably be frustrated by the fact that there exist a number of very different understandings of what conformity to the rule of law consists in. In this paper, I draw attention to the distinction between competing “thin” and “thick” conceptions of the rule of law. Understandably, the thin conception’s relevance for advancing development aims has often been overlooked in favor of the thick conception’s. Nevertheless, I offer here a decision-theoretic analysis of the thin conception’s relationship to growth, compliance, and respect for dignity that justifies special focus on its significance for these areas. Specifically, I argue that, all things being equal, members of a state which violates the thin conception will have less incentive to engage in pro-growth conduct and/or more incentive to engage in anti-growth conduct, less incentive to comply with the law and/or more incentive to not comply, and will have less incentive to perform actions that will yield them greater utility and/or more incentive to perform actions that will yield them lower utility. In turn, this analysis predicts a negative relationship between violations of the thin conception and economic growth, legal compliance, and the amount of utility members of the state’s decisions will yield them.

scholarly journals THE COMMONWEALTH PRINCIPLES (LATIMER HOUSE) ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT: TWENTY YEARS ON

2019 ◽  
Vol 30 (2) ◽  
pp. 101-119
Author(s):  
Peter Slinn ◽  
Karen Brewer
Keyword(s):  
Rule Of Law ◽  
Future Development ◽  
Good Governance ◽  
Good Practice ◽  
The Rule Of Law ◽  
Twentieth Anniversary ◽  
Specific Implementation ◽  
The Relationship ◽  
Heads Of Government

2018 marks the twentieth anniversary of the Latimer House ‘process’ which commenced with the drafting of the Latimer House Guidelines for the Commonwealth on Good Practice Governing Relations between the Executive, Parliament and the Judiciary. Since then the Latimer House Guidelines have been transformed into the Commonwealth Principles (Latimer House) on the Relationship between the Three Branches of Government which have been endorsed by Commonwealth Heads of Government on several occasions. This article assesses the role of the Latimer House process over the last two decades against the background of the Commonwealth’s evolving commitments to good governance and the rule of law. In Part 1 explores the role of the Commonwealth in supporting good governance and the rule of law whilst Part 2 considers and evaluates the Latimer House process itself. Part 3 reviews the development of the Commonwealth Principles in practice whilst in Part 4 some specific implementation issues concerning the Judiciary are discussed. Part 5 considers the future development of the Commonwealth Principles whilst Part 6 provides a conclusion and overview.

scholarly journals PARTICIPATION OF INDIVIDUALS IN PUBLIC DECISIONS IN THE POLISH LEGAL SYSTEM-THE OUTLINE

2020 ◽  
Vol 1 ◽  
pp. 21-27
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Text Analysis ◽  
Good Governance ◽  
The Body ◽  
The Rule Of Law ◽  
Decision Making Processes ◽  
Polish Law ◽  
The Relationship

The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making. The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.

scholarly journals Good Governance: Importance in Practice, Theories and Definitions

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
G. H. Addink
Keyword(s):  
Social Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Three Dimensions ◽  
The Rule Of Law ◽  
Strategic Resources ◽  
Integrated Strategy ◽  
Institutional Dimension ◽  
Democratic Societies ◽  
The Relationship

This work addresses at exploring appropriate method in applying the principle of good governance; importance in practice, theories and definitions. This effort is importance to understand in more detail the three dimensions of good governance. The relationship between good governance and national prosperity is not always clear and opinions vary across countries. But it is seen that good governance is important for the economic and social development of countries and promotion of good governance also creates more open and democratic societies. For that reason, this work offers the three dimensions of good governance: the rule of law, the democracy, and the institutional dimension. The solution of this method would precisely construct a holistic and integrated strategy in managing and optimizing collective strategic resources.This work addresses at exploring appropriate method in applying the principle of good governance; importance in practice, theories and definitions. This effort is importance to understand in more detail the three dimensions of good governance. The relationship between good governance and national prosperity is not always clear and opinions vary across countries. But it is seen that good governance is important for the economic and social development of countries and promotion of good governance also creates more open and democratic societies. For that reason, this work offers the three dimensions of good governance: the rule of law, the democracy, and the institutional dimension. The solution of this method would precisely construct a holistic and integrated strategy in managing and optimizing collective strategic resources.

scholarly journals Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development

2018 ◽  
Vol 11 (2) ◽  
pp. 277-332
Author(s):  
Elizabeth Bakibinga-Gaswaga
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Law Reform ◽  
Washington Consensus ◽  
Legal Systems ◽  
Law And Development ◽  
The Rule Of Law ◽  
The Impact

Abstract Agenda 2030 for Sustainable Development has brought the rule of law to the forefront in the quest for sustainable development, with emphasis on Africa and the rest of the developing world. To ensure that law contributes to sustainable development, it is critical to address the mismanagement of legal pluralism in Commonwealth member countries in Africa, demonstrated by the conflict of legal systems and the stagnant evolution of institutions of governance in the aftermath of independence after colonial rule, and the current neoliberal economics-oriented/institutional approach based on the Washington Consensus. The current approaches to rule of law reform and development have resulted in the status quo in Africa, where the role of law and legal systems for sustainable development is not explicitly evident. The law is not applied consciously for development and the role of legal practitioners in development is undermined. An understanding of the impact of colonialism and post-colonial legal systems and the impact of the Washington Consensus; the influence of intergovernmental organizations and international non-governmental actors in providing rule of law reform assistance; and the methodology through which the technical assistance for law and development has been implemented to date is critical to developing new methods/approaches to the rule of law and development.

Economic growth and the concept of diminishing marginal governance effect

2019 ◽  
Vol 46 (4) ◽  
pp. 888-901 ◽  
Author(s):  
Lino Pascal Briguglio ◽  
Melchior Vella ◽  
Stefano Moncada
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Social Implications ◽  
Marginal Effect ◽  
Advanced Country ◽  
Content Type ◽  
The Rule Of Law ◽  
Real Gdp ◽  
High Level

Purpose The purpose of this paper is to examine whether good governance across countries, utilising the Rule of Law indicator of the Worldwide Governance Indicators, is associated with economic growth, measured in terms of real GDP. It is to be noted that in this paper both variables are measured in terms of changes, comparing like with like. It is hypothesised that a country with a high level of economic development and a high level of good governance (typically an economically advanced country) tends to find it more difficult to improve these two variables, when compared to a country with lower levels GDP per capita and good governance (typically an economically backward country). This assumption is termed the “diminishing marginal governance effect”. Design/methodology/approach The paper tests the hypothesis that governance improvements are related to real GDP growth, using the panel data regression approach. In this way both variables are measured in terms of changes, comparing like with like. Relevant control variables are utilised to impose the ceteris paribus condition. Findings The paper finds that improvements in good governance are statistically and significantly related to economic growth. This confirms the hypothesised “diminishing marginal governance effect” explained above. Research limitations/implications The main research limitation of this paper is that measuring changes in the “Rule of Law” indicator over time may be subject to errors given that the “Rule of Law” score of each year is an average value with related standard deviations, and the latter vary from one year to another and from one country to another. Practical implications The major practical implication of this paper is that good governance matters for economic growth and that in order to produce evidence for this the governance score must be measured in terms of changes and not in terms of levels. Another implication is that equations that compare economic growth with levels of governance are misspecified as they would not be comparing like with like. Social implications There are various beneficial social implications associated with good governance which is considered as a major pillar for orderly social relationships. Economic growth also has important social implications as it means, if properly distributed, improvements in material well-being of the population. Originality/value The originality of this paper is that it measures governance in terms of changes and not of levels. Studies on the relationship between governance and economic growth that measure governance in terms of levels generally do not find a positive relationship between the two variables. In using changes in both governance and real GDP, this paper confirms the “diminishing marginal effect of governance”, hypothesis.

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