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Full-Text Articles in Law
Silencing Human Rights In The Clash Of Arms? Israel’S Official Policy Of “Targeted Killings”—A Dark Side In Fighting Terrorism, Jackson N. Maogoto
Silencing Human Rights In The Clash Of Arms? Israel’S Official Policy Of “Targeted Killings”—A Dark Side In Fighting Terrorism, Jackson N. Maogoto
Jackson Nyamuya Maogoto
There is no act to which the law does not apply in as far as it is a matter falling within the purview of the law and the law takes a position as to whether it is permitted or forbidden. Where there are legal norms there are also legal standards to implement the norms. When a democracy fights terrorism the law cannot be presumed to be silent. International human rights law applies equally in war and in peace, and covers all classes of people at all times, and under all circumstances. The wide and sweeping notion of national security should …
Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto
Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …
Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto
Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article canvasses the international rubric and dynamic that informs the democracy and good governance crusade before moving the discussion to a regional setting targeting Pacific Island Countries with Fiji as a case study. It seeks to argue that democratic experimentalism, not the so-called “McDonaldization” (globalization as homogenization) of the world, is important. This is based on the premise that “McDonaldization” minimizes the complex way in which the local interacts with the international. The efficacy of democratic experimentalism is that it acknowledges that rights are not based on first principles, but that, they are inevitably socially constructed and historically contingent, …