Suchergebnisse

© The Author(s) (2018). Published by Oxford University Press. All rights reserved. The article examines the 'public policy exception' by which domestic judges decline to recognize and enforce international arbitration awards under Article V(2)(b) of the 1958 NewYork Convention. It explores litigation in China and NewYork to identify reasons invoked by domestic courts, viewed comparatively, to decline to enforce foreign arbitration awards on localized public policy grounds. It examines the nature and operation of public policy and due process defences, and considers the difficulties faced by domestic courts in delineating the concept of substantive and procedural justice clearly and reliably. The article examines the prospect of domestic courts refining shared norms of transnational public policy and due process of law that transcend their differences.

Interrogating the assumption that we live in a time 'after' crisis, this article explores financial crisis, recovery and ongoing questions of governance and intervention through a gender 'lens'. It locates the 'afterwards' of the global financial crisis as central to understanding how particular relations of gendered power have been able to prevail in producing a world of governance post 'post-crisis'. Asking what the limits, and liminality, of global financial governance are 'after' crisis, the article argues that governance responses to the crisis can be understood in gendered terms: in their efforts to stave off the potential instability of an undecided, ambiguous and potentially unpredictable economic space, and as concentrating power in the hands of financial elites, particularly, elite groups of white men.

The conflict in Sierra Leone was known for the scope and severity of atrocities targeted at civilians, including sexual and gender-based violence (SGBV) mainly perpetrated against women and girls. Post-conflict initiatives included the establishment of a hybrid criminal tribunal, the Special Court for Sierra Leone (SCSL), and a truth and reconciliation commission (TRC). However, neither possessed a mandate for reparations to victims, yet both have made some contribution to tranformation. The judgments and processes of the SCSL have provided a measure of recognition to victims of SGBV. The TRC was required to to pay special attention to the experiences of women and girls in respect of sexual violence and structural inequality. It also interpreted its mandate broadly, in particular to making general recommendations as to the position of women and girls, as well as more specific recommendations as to reparations projects. These recommendations addressed three aspects of gender justice based on Fraser (recognition, representation and redistribution) and offered considerable scope for transformative reparations for victims of SGBV, including through structural, legal and social changes intended to guarantee the non-repetition of sexual violence. However, this article argues that although several of the TRC's recommendations had transformative potential, much of this potential has not been realised due to the failure of the government to implement those recommendations.

One dusty day in 2002, at Takhta Baig Voluntary Repatriation Centre near Peshawar in northwestern Pakistan, an Afghan woman - let us call her Amena - entered a nondescript room and sat down in front of a camera. A brief conversation took place with a woman sitting nearby at a computer terminal. Amena placed her chin where she was directed to do so, swept back a few strands of hair creeping out of her veil, and stared straight ahead for a few seconds while a series of photographs of one of her eyes was taken. Almost immediately, a small alarm sounded on the computer terminal of the woman seated alongside her. Amena was gently ushered toward the other side of the room for discussions with other officials. Some short time later, she was advised that her request to the Office of the United Nations High Commissioner for Refugees (UNHCR) for a modest cash grant and some supplies to aid her and her family's repatriation to Afghanistan had been denied. This was because, according to output of the UNHCR's iris verification program, she had already received assistance earlier the same year. When asked, Amena admitted that she had indeed sought UNHCR repatriation assistance multiple times, under pressure from family members. She walked away. Soon, she could soon no longer be seen amid the press of trucks, cars, bicycles, and people that stretched to the suburbs in the distance.

In March 2012, Thomas Lubanga Dyilo from the Democratic Republic of the Congo was the first person to be tried and convicted by the International Criminal Court (ICC). The charges for which Lubanga was found guilty–the conscription, enlistment and use of child soldiers–belied a range of other crimes that were documented as part of the conflict in which Lubanga and his militia were involved, including acts of sexual and gender-based violence. The decision of the ICC's Office of the Prosecutor not to fully investigate, or include charges for, these latter crimes in the Lubanga case set in train what can be described as a 'gender injustice cascade' throughout the trial and reparations process. The ultimate effect of the cascade has been to limit victims of the sexual and gender-based crimes in this conflict from gaining direct access to any reparations measures, let alone the 'transformative' ones some advocates were searching for. This case highlights some key limitations of Court-ordered reparations for securing gender justice, let alone transformation, under the ICC's framework.

The aim of this article is to analyze the educational programs of the Turkish Military Academy both in the Ottoman era and the Republican time with special emphasis on the sociology courses. This analysis is important in the sense that the Military Academy is always perceived as a pioneering institution of the modernization process in Turkey. As a result of assessing the development process of the Academy curricula it could be safely stated that the aim of changes and designs has always been to promote rationality and to follow up with the recent improvements in military academies of other countries. Explanation is also offered why a sociology course has not been a permanent feature of the curriculum at the Academy.

This article examines power dynamics in political groupings during the 2014 Afghanistan presidential election and assesses the impact on political stability and order. The focus is the power dynamics of local political-economic and identity networks that have come to underpin and constitute the state in post-2001 international state-building. The article first seeks to understand how the complex relationships between the two leading presidential candidates, Ashraf Ghani and Abdullah Abdullah, and key powerbrokers were negotiated and subsequently influenced electoral outcomes. Second, focusing on negotiations over the appointment of the Cabinet ministers, advisers and staff, and governors, the study maps the restructuring of political networks within the Afghan state. The analysis reveals the impact of the election on the redistribution of power and resources, and the consequences for political order and state stability in the post-2014 period.

The introductory article to this volume positions the Afghan case within the broader literature on the political economy of war-to-peace transitions. The paper begins by critiquing the rise of democracy promotion, and then employs a political economy framework to understand the more focused research on democratisation and elections. The paper highlights some of the major features of the Afghan case that provided a backdrop for the 2014 election: a deeply divided society, a highly militarised and invasive international presence, and a history of flawed elections. This discussion helps contextualise the seemingly technical questions about constitutional design, electoral systems and the organisation and monitoring of elections. It is argued that the pursuit of elections and democratisation efforts more broadly, in a context of growing insecurity and political fragmentation, have had unintended and perverse effects. The concluding section sets out the main themes of the individual contributions that follow.

© 2014 Taylor & Francis. Taking as its point of departure Matthews' (2011) 'Constitutional stretching: Coalition governance and the Westminster model (Commonwealth & Comparative Politics, 49(4), 486–509), this article draws on the experience of coalition government in Westminster to review, categorise and consider how power sharing has necessitated a rethink of what is the British constitution. Defining constitutional stretching as being about the sustained operation of two-party government within the Westminster model, it shows that traditional practices around manifestos, collective responsibility and the prerogative have been adjusted since 2010 in order to facilitate functioning administration. The article observes that some stretching is not entirely novel with precedents to be found in earlier single party administrations. It further argues that while conventions have been strained, the Cameron/Clegg government survived, suggesting a need to adjust our understanding of constitutional concepts. Given the likelihood of future hung parliaments, this could mean more permanent constitutional change and the article makes some modest suggestions for updating guidance.

Thirty years ago, in April 1975, Milton Friedman, came to Australia to declare that the world economic situation manifestly unsound.[1] Friedman asserted on that trip what Michael Kalecki predicted in his 1943 article would be the response of 'captains of industry' to Keynesian macroeconomic policies; it was that '…government expenditure financed by borrowing will cause inflation' (Kalecki, 1990: 348). A chorus of Australian businessmen and mandarin economists came out in support of Friedman, leading to the demise of Keynesian macroeconomic policy and the rise of neo-liberal policies. Milton Friedman, at the time was the Paul Snowden Russell Distinguished Service Professor of Economics at the University of Chicago; and acknowledged head of the 'Chicago School' of monetary economics, called 'monetarism'. A year later, in 1976, Friedman received the 'Bank of Sweden Prize in Economic Sciences in Memory of Alfred Nobel', confirming his status in the financial community and the neo-liberal mainstream of the economics profession during this period. At the time he was also a regular contributor to Newsweek magazine. ; C1

This article shows how Sir John Fisher, together with Edward VII, sought to use Britain's naval strength as a tool of deterrence against Germany. By highlighting the Royal Navy's strength and German vulnerability, they tried to convince policymakers in Berlin that war was not in German interests. This attitude underpinned much of Fisher's naval policy and helps to explain some of his more extreme statements and actions, which have been the source of certain contradictions within the current historiography.