scholarly journals The Challenges for Court Reform after Authoritarian Rule: The Role of Specialized Courts in Indonesia

2021 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Melissa Crouch

Political transitions from authoritarian rule may lead to a process of court reform. Indeed, court reform has been a central pillar of the law and development movement since the 1960s. What challenges do court reform efforts face after authoritarian rule in Indonesia and to what extent can specialized courts address these challenges? In this article, I examine court reform and the establishment of specialized courts in Indonesia post-1998. I argue that we need to pay attention to the politics of court reform after authoritarian rule. Specialized courts as a type of institutional reform need to be considered together with judicial culture in order to address fundamental challenges in the courts.

Author(s):  
Matthew J. Nelson

How does religion shape regime types, and regime transitions, in Muslim-majority states? Focusing on Pakistan, this chapter examines the limited role of religious groups and religious ideas in driving political transitions between military and civilian-led regimes. Since the partition of India and the formation of Pakistan in 1947, civilian-led regimes have been removed in three military coups (1958, 1977, 1999); only one of these (1977) was framed in religious terms. Protesters later helped to oust Pakistan’s military regimes in 1969–1970, 1988, and 2007–2008. Again, these protests stressed nonreligious more than religious demands. Within Pakistan, ostensibly “democratizing” transitions have typically preserved separate domains (e.g., the security sector) for military decision-making; these reserved domains have limited the scope of democracy. This chapter, however, moves beyond military to ostensibly religious limitations on democracy, noting that, while nonreligious protests often figure in transitions away from authoritarian rule, religious constitutional provisions diminishing the rights of non-Muslims have produced what scholars of hybrid regimes call an “exclusionary” or “illiberal” democracy.


2018 ◽  
Vol 46 (4-5) ◽  
pp. 421-444 ◽  
Author(s):  
Andrew Harding

Abstract This article takes a long look at the law and development movement and its attempts to entrench the rule of law in developing countries in Asia via the means of legal technical assistance (LTA) designed to reform judiciaries and judicial bodies. It does so with special reference to Myanmar, being the latest instance of LTA in Asia. Currently there are more than 30 organisations working directly on rule of law LTA in Myanmar. Such efforts ought to represent the state of the art after half a century of LTA. The article looks at the trajectory of law and development since the 1960s, noting that the phases of law and development have led us through inaugural, critical, revivalist “moments” to a “post-moment” that appears to be pluralistic, and contextually nuanced. It notes that judicial reform has always featured in LTA through all of these “moments”, and discusses whether or in what circumstances judicial reform is the most desirable or justifiably prioritised approach to rule of law LTA. It concludes that in the current phase of law and development too much emphasis is placed on judicial reform, explaining why this is so and why other approaches could be more profitable. The argument leads to a conclusion that we might now usefully identify a “Burmese” moment in law and development—one in which we realise that one size will never fit all cases, that law and development is multi-faceted and needs to be broken down into distinct modes of operation. In this dispensation, the opportunity is offered to secure real and ongoing gains in rule of law technology.


2021 ◽  
Vol 21 (5) ◽  
pp. 256-300
Author(s):  
V.A. SLYSHCHENKOV

The western Law and Development movement engaged in legal assistance to the socioeconomic development of the third world states as well as the postsocialist countries by the Western patterns includes two different stages, the first one continues about a decade and a half from the beginning of the 1960s, the second lasts approximately twenty years starting the beginning of the 1990s. The article provides a detailed consideration of the history and the achieved results, the content of the activities as well as the theoretical sources of the movement in the jurisprudence, the sociology and the economics. The Law and Development movement encourages and assists in the legal reception from the Western legal orders. Taking into account the distinction between the political and the doctrinal legal reception, the movement acts within framework of the former because it uses the legal regulations as an instrument for achievement of extra-legal purposes. Informed by this approach, the legislation serves the present-day policy whereas the law, which is a special social regulator establishing freedom in a social life, does not find a proper expression in the legislation, a statute compliant with the law is not the legislator’s reference point. Hence the political legal reception does not contribute to a successful legal development, establishment of legal values and the rule of law. This predetermines a failure of the Law and Development movement as a whole. The true outcome of the movement is an impulse of some kind to the further independent legal development in the interested recipient countries.


Author(s):  
C. Claire Thomson

The first book-length study in English of a national corpus of state-sponsored informational film, this book traces how Danish shorts on topics including social welfare, industry, art and architecture were commissioned, funded, produced and reviewed from the inter-war period to the 1960s. For three decades, state-sponsored short filmmaking educated Danish citizens, promoted Denmark to the world, and shaped the careers of renowned directors like Carl Th. Dreyer. Examining the life cycle of a representative selection of films, and discussing their preservation and mediation in the digital age, this book presents a detailed case study of how informational cinema is shaped by, and indeed shapes, its cultural, political and technological contexts.The book combines close textual analysis of a broad range of films with detailed accounts of their commissioning, production, distribution and reception in Denmark and abroad, drawing on Actor-Network Theory to emphasise the role of a wide range of entities in these processes. It considers a broad range of genres and sub-genres, including industrial process films, public information films, art films, the city symphony, the essay film, and many more. It also maps international networks of informational and documentary films in the post-war period, and explores the role of informational film in Danish cultural and political history.


Author(s):  
Timur Gimadeev

The article deals with the history of celebrating the Liberation Day in Czechoslovakia organised by the state. Various aspects of the history of the holiday have been considered with the extensive use of audiovisual documents (materials from Czechoslovak newsreels and TV archives), which allowed for a detailed analysis of the propaganda representation of the holiday. As a result, it has been possible to identify the main stages of the historical evolution of the celebrations of Liberation Day, to discover the close interdependence between these stages and the country’s political development. The establishment of the holiday itself — its concept and the military parade as the main ritual — took place in the first post-war years, simultaneously with the consolidation of the Communist regime in Czechoslovakia. Later, until the end of the 1960s, the celebrations gradually evolved along the political regime, acquiring new ritual forms (ceremonial meetings, and “guards of memory”). In 1968, at the same time as there was an attempt to rethink the entire socialist regime and the historical experience connected with it, an attempt was made to reconstruct Liberation Day. However, political “normalisation” led to the normalisation of the celebration itself, which played an important role in legitimising the Soviet presence in the country. At this stage, the role of ceremonial meetings and “guards of memory” increased, while inventions released in time for 9 May appeared and “May TV” was specially produced. The fall of the Communist regime in 1989 led to the fall of the concept of Liberation Day on 9 May, resulting in changes of the title, date and paradigm of the holiday, which became Victory Day and has been since celebrated on 8 May.


2021 ◽  
pp. 174619792098136
Author(s):  
Sansom Milton

In this paper, the role of higher education in post-uprising Libya is analysed in terms of its relationship with transitional processes of democratization and civic development. It begins by contextualising the Libyan uprising within the optimism of the ‘Arab Spring’ transitions in the Middle East. Following this, the relationship between higher education and politics under the Qadhafi regime and in the immediate aftermath of its overthrow is discussed. A case-study of a programme designed to support Tripoli University in contributing towards democratisation will then be presented. The findings of the case-study will be reflected upon to offer a set of recommendations for international actors engaging in political and civic education in conflict-affected settings, in particular in the Middle East.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Catherine A. Nikiel ◽  
Elfatih A. B. Eltahir

AbstractFor millennia the Nile supplied Egypt with more water than needed. As the population grew and the economy expanded, demand on water increased accordingly. Here, we present a comprehensive analysis to reconstruct how total demand on water outstripped supply of the Nile water in the late 1970s, starting from a surplus of about 20 km3 per year in the 1960s leading to a deficit of about 40 km3 per year by the late 2010s. The gap is satisfied by import of virtual water. The role of economic growth in driving per capita demand on water is quantified based on detailed analysis of water use by agriculture and other sectors. We develop and test an empirical model of water demand in Egypt that relates demand on water to growth rates in the economy and population. Looking forward, we project that within this decade of the 2020 s, under nominal scenarios of population and economic growth, Egypt is likely to import more virtual water than the water supplied by the Nile, bringing into question the historical characterization of Egypt as “the gift of the Nile”.


2016 ◽  
Vol 44 (4-5) ◽  
pp. 579-594 ◽  
Author(s):  
Lamia Karim

In 2011, the government of Bangladesh began an investigation into the financial dealings of the Grameen Bank that won the Nobel Peace Prize in 2006. This disciplining of a world-renowned institution and its founder by the state reconfigures the altered relationship between the state and NGOs in Bangladesh. This article investigates this about-face between the state and NGOs from the 1990s, when their relationship was characterized as ‘partners in development’, to the late 2000s when the state saw the leading NGOs and their leaders as potential political adversaries. In Bangladesh, the former relationship of a weak state vis-à-vis the powerful, western-funded NGO has been recalibrated. Under the present condition of authoritarian rule, the state is willing to accept the role of the NGO as a development actor but not as a political contender. This article examines this shifting relationship between the state and NGOs.


2021 ◽  
pp. 002200942097476
Author(s):  
Marie Huber

Tourism is today considered as a crucial employment sector in many developing countries. In the growing field of historical tourism research, however, the relationships between tourism and development, and the role of international organizations, above all the UN, have been given little attention to date. My paper will illuminate how during the 1960s tourism first became the subject of UN policies and a praised solution for developing countries. Examples from expert consultancy missions in developing countries such as Ethiopia, India and Nepal will be contextualized within the more general debates and programme activities for heritage conservation and also the first UN development decade. Drawing on sources from the archives of UNESCO, as well as tourism promotion material, it will be possible to understand how tourism sectors in many so-called developing countries were shaped considerably by this international cooperation. Like in other areas of development aid, activities in tourism were grounded in scientific studies and based on statistical data and analysis by international experts. Examining this knowledge production is a telling exercise in understanding development histories colonial legacies under the umbrella of the UN during the 1960s and 1970s.


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