scholarly journals The grabbed state: lawyers, politics and public land in Kenya

2012 ◽  
Vol 50 (3) ◽  
pp. 467-492 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Profession ◽  
Development Aid ◽  
Public Land ◽  
The Rule Of Law ◽  
Land Grab ◽  
International Development Aid

ABSTRACTIn 2002, Kenya's new National Rainbow Coalition (NARC) undertook to investigate and ensure the recovery of all public lands illegally allocated by the outgoing government. A Commission of Inquiry into the Illegal and Irregular Allocation of Public Land, chaired by the lawyer Paul Ndung'u, was appointed. The commission's report sets out the illegal land awards made to powerful individuals and families, provides important information about the mechanisms by which public land was misallocated, and shows how the doctrine that public land should be administered and allocated ‘in the public interest’ was consistently perverted. This paper explores what the Ndung'u report tells us about the role of the legal profession in the illegal and irregular misallocation of public land. It makes clear that the legal profession, far from upholding the rule of law, has played a central role in land corruption, using its professional skills and networks to accumulate personal wealth for itself and others. This stands in contrast to the role of the legal profession in promoting good governance and the rule of law envisaged by donors of international development aid. This paper focuses on ‘local’ land grabbing, and argues that the ‘global land grab’ or ‘investor rush’ needs to be understood alongside local manifestations of land privatisation.

scholarly journals A human rights-based approach: A gate to development of African women's land rights?

2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs
Keyword(s):  
Human Rights ◽  
International Development ◽  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
Development Cooperation ◽  
The Rule Of Law ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Human Rights Based Approach

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.

scholarly journals The role of records management in ensuring good governance in Africa

2020 ◽  
Vol 53 ◽  
pp. 103-123
Author(s):  
Olefhile Mosweu ◽  
Donald Rakemane
Keyword(s):  
Rule Of Law ◽  
Management Practices ◽  
Good Governance ◽  
Records Management ◽  
Access To Information ◽  
African Countries ◽  
The Rule Of Law ◽  
Economic Practices ◽  
African Context

Proper records management is central to the promotion of good governance. Africa is a continent which has generally been riddled with poor governance. Principles of good governance such as accountability, transparency and the rule of law are ascertained with available records. Poor records management practices promote bad economic practices such as corruption and fraud. An assessment of the performance of government can thus be realised through proper records management and access to information. Good records management practices therefore lead to good governance and vice versa; thus, the role of records management in promoting good governance cannot be overemphasised. However, there are some likely impediments that may hinder the promotion of good governance through records management in the African context. This paper explored the role played by records management in ensuring good governance in Africa. It then suggests strategies to promote good governance through proper records management practices. The paper contends that outdated archival laws, backlog of unprocessed records and absence of access to information laws in some African countries are the major impediments to the promotion of good governance. The paper recommends an amendment of outdated laws and the promulgation of access to information legislation as major initiatives, among others, which put records management in the forefront of promoting good governance in the continent.

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.

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 Access to remedy in transnational development projects: the need for effective and comprehensive remedy ecosystems

2021 ◽  
Vol 17 (1) ◽  
pp. 136-144
Author(s):  
Martijn Scheltema
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Indigenous Rights ◽  
Access To Justice ◽  
Development Projects ◽  
Special Issue ◽  
The Rule Of Law ◽  
General Stability ◽  
Democratic Systems

It is observed in the Introduction of this special issue that the rule of law has been an integral part of the development of democratic systems of government in national states and features powerfully within contemporary ‘good-governance’ promotion in the Global South by development financial institutions (DFIs). However, the rule of law is predominantly used to emphasise the importance of stability of contract and protection of property in connection with transnational development projects (TDPs) and does not so much focus on the general stability of (e.g. indigenous) rights, access to justice and fairness. Thus, it is important to deviate from a narrow interpretation of the rule of law and include the role of all types of actors in safeguarding this rule of law.

The Middlemen: The Legal Profession, the Rule of Law, and Authoritarian Regimes

2015 ◽  
Vol 40 (03) ◽  
pp. 700-722 ◽  
Author(s):  
Maciej Kisilowski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Legal Profession ◽  
Historical Record ◽  
Authoritarian Regime ◽  
Authoritarian Regimes ◽  
The Rule Of Law ◽  
Legal Professionals ◽  
Theory Of Fields

Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by revisiting the story of the emergence of the so‐called socialist legality in the communist states of Eastern Europe. Using the historical record from Poland, the author demonstrates a previously unnoticed, yet pivotal, role of legal professionals in facilitating socialist legality's rise to prominence. Using the lenses of Pierre Bourdieu's theory of fields, the article chronicles the evolving dynamic between the legal profession, the authoritarian regime, and society. These observations challenge conventional explanations of the emergence of the rule of law in nondemocratic conditions.

The ethical challenges of implementing counterterrorism measures and the role of the OSCE

2009 ◽  
Vol 20 (2) ◽  
pp. 123-132
Author(s):  
Steven Westervelt ◽  
Bibi van Ginkel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Security Council ◽  
Good Governance ◽  
Ethical Challenges ◽  
Regional Organizations ◽  
The Rule Of Law ◽  
Moral High Ground

AbstractThe United Nations established a counterterrorism mechanism in the form of the Counterterrorism Committee when it adopted Security Council Resolution 1373 (2001). The Committee has so far worked with regional organizations and individual states in capacity building efforts to augment local counterterrorism abilities. However, ethical bottlenecks remain. The problem of ethics arises when laws lack legitimacy regarding criminality and state power and when they diverge from the rule of law and good governance. Regional organizations are keenly placed to ensure that states adopt legitimate counterterrorism measures, thus avoiding ethical bottlenecks. By working with states to maintain the moral high ground, regional organizations such as the OSCE can prevent unnecessary compromises between human rights and security.

scholarly journals The Implications of Good Governance of Village Government Office in Sidoarjo

2019 ◽  
Vol 10 (3) ◽  
pp. 147-158
Author(s):  
Rita Ambarwati ◽  
Affandy Winarko Mudjib ◽  
Fita Fitria Lestariana ◽  
Gogor Arif Handiwibowo
Keyword(s):  
Rule Of Law ◽  
Public Service ◽  
Structural Equation ◽  
Good Governance ◽  
Simple Random Sampling ◽  
Equation Modeling ◽  
The Rule Of Law ◽  
Village Government ◽  
Practical Implications

This research examined determinant factors of good governance of a village government office in Sidoarjo. This research used a survey and a cross-section through a questionnaire as the data collection. The unit of analysis was the citizen who worked as a state civil apparatus and had used public services in a village government office. To determine the sample, the researchers used a simple random sampling. The data were analyzed using Structural Equation Modeling (SEM). The results show that the rule of law and responsiveness are dominant indicators to form good governance. However, transparency and good commitment are less dominant indicators in forming good governance. The practical implications of this research are useful for the local government as they need to increase the role of good governance in improving public service performance, especially for village service.

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