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Full-Text Articles in Law
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
Failed States, Or The State As Failure?, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
This article seeks to challenge a basic assumption of international law and policy, arguing that the existing state-based international legal framework stands in the way of developing effective responses to state failure. It offers an alternative theoretical framework designed to spark debate about better legal and policy responses to failed states. Although the article uses failed states as a lens to focus its arguments, it also has broad implications for how we think about sovereignty, the evolving global order, and the place of states within it.
State failure causes a wide range of humanitarian, legal, and security problems. Unsurprisingly, given …
Giving The Gift Of Public Office, James A. Gardner
Giving The Gift Of Public Office, James A. Gardner
Buffalo Law Review
This interpretive essay, written for the Buffalo Law Review's annual essay issue, identifies an increasingly common pathology of American democracy in which voters treat the election of public officials not as an instrumental act designed to influence public policy, but as an opportunity to present public office as a gift to those who have pleased, entertained, or moved them. The reelection of Strom Thurmond to the Senate at age 93 and the election of nearly forty congressional widows to their late husbands' seats exemplify this trend. Although this behavior bears a passing resemblance to eighteenth-century habits of political deference and …
Democratization In Iraq, Kate Lotz, Tim Melvin
Democratization In Iraq, Kate Lotz, Tim Melvin
Human Rights & Human Welfare
With the war in Iraq over, Coalition forces are still present as the cultivation of Iraqi democracy is underway. Coalition-led democratization in Iraq will prove to be a lengthy and complex objective, but one which will be pursued until successfully accomplished.
Minority Rights, Minority Wrongs, Elena Baylis
Minority Rights, Minority Wrongs, Elena Baylis
Articles
Many of the new democracies established in the last twenty years are severely ethnically divided, with numerous minority groups, languages, and religions. As part of the process of democratization, there has also been an explosion of “national human rights institutions,” that is, independent government agencies whose purpose is to promote enforcement of human rights. But despite the significance of minority concerns to the stability and success of these new democracies, and despite the relevance of minority rights to the mandates of national human rights institutions, a surprisingly limited number of national human rights institutions have directed programs and resources to …
Democratization In Bosnia, Melanie Kawano, Amber Goodman, Chris Saeger
Democratization In Bosnia, Melanie Kawano, Amber Goodman, Chris Saeger
Human Rights & Human Welfare
Democratization in post-conflict, post-Dayton Bosnia has been characterized by many scholars as a “noble experiment”: the West’s guinea pig for internationally initiated post-communist democratization. In a state so wearied by war and dictatorship, democracy would be expected to take root quickly and flourish. However, due to various cultural and political influences, what the Dayton Peace Agreement originally intended to quickly lead to Bosnia’s self-governance has instead resulted in the state’s crippling dependence on external actors. The articles in this section of this bibliography explore the myriad influences (primarily under the umbrella of ethnicity) on the process.