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Parallel Courts In Post-Conflict Kosovo, Elena Baylis
Parallel Courts In Post-Conflict Kosovo, Elena Baylis
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Even as American attention is focused on Iraq's struggle to rebuild its political and legal systems in the face of violent sectarian divisions, another fractured society - Kosovo - has begun negotiations to resolve the question of its political independence. Kosovo's efforts to establish multi-ethnic rule of law in the context of persistent ethnic divisions offer lessons in transitional justice and in managing legal pluralism for Iraq and other states.
In Kosovo today, two parallel judicial systems each claim sole jurisdiction over the province. One system was established by the United Nations administration in Kosovo, while the other system is …
The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew
The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew
Articles
The West believes that without formal legal rules (the rule of law), how society operates is not transparent. This opaqueness in how things get done discourages trade, including foreign investment, which in turn makes overall economic development more difficult. Instead of predictable legal rules, the fear is that the void will be filled with unpredictable and arbitrary human indiscretions. Furthermore, the West believes that the absence of the rule of law makes the basic protection of human and civil rights problematic.
However, the Western view of the rule of law is not the only model. Alternative cultural assumptions about the …