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Law and Politics

Indiana Journal of Global Legal Studies

Ethnic conflict

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Full-Text Articles in Law

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier Jul 2009

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier

Indiana Journal of Global Legal Studies

The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures …


Deliberative Democracy In Severely Fractured Societies, Adeno Addis Jan 2009

Deliberative Democracy In Severely Fractured Societies, Adeno Addis

Indiana Journal of Global Legal Studies

The world is full of boundaries. Whatever their nature, boundaries provide the conditions for communal or individual identity and agency, and they make collective action possible. That very capacity to define and contain, however, allows boundaries to "close off possibilities of being that might otherwise flourish." Paradoxically, boundaries "both foster and inhibit freedom." This article explores how one particular boundary-ethnicity- has served both as an important source of identity and a cause of deep fracture in societies that this article calls "severely fractured." The purpose of the article is to explore what institutional structures and processes might be appropriate to …