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This chapter deals with the cross-national experience of the measurement of better regulation policies. The focus is on countries with experience in the development and management of tools aimed at assessing regulatory quality. It examines three non-EU countries, namely the USA, Canada and Australia. These are countries with a relatively long history of attempts to forge a quality assurance culture in regulation. The chapter then examines Belgium, Denmark, the Netherlands, Sweden and the UK. Australia, Canada, the UK and the USA have a robust network of quality assurance actors and also look at impact assessment beyond the issue of red tape. By contrast, Belgium, Denmark and the Netherlands focus on administrative burdens and are characterised by a simpler system of monitoring.
This article investigates the critical and often overlooked role of families of missing persons in peacebuilding when the hostilities of armed conflict cease. The unresolved fate of missing persons creates ambiguous loss, a state of chronic psychological and social uncertainty that structurally impedes communal recovery and undermines the fragile foundations of peace. While the issue of missing persons is typically framed as a humanitarian and legal challenge, this study argues that families of the missing are uniquely positioned to act as transformative peacebuilding agents.
Drawing on primary data collected across three distinct settings – Bosnia and Herzegovina, Cyprus, and Nepal – the study employs a qualitative, comparative case study methodology. It analyzes how families of the missing, driven by the imperative of establishing the fate of their loved ones, actively engage across conflict divides and contribute to lasting social and political transformation.
Findings demonstrate that the search for the missing necessitates engagement with individuals and groups on the opposing side, effectively forcing the creation of cross-community relationships. Families of the missing successfully overcome deep-seated suspicion, hostility and sometimes political pressure from their own communities to forge solidarity, based on shared experience of loss, with other families. This process enables relational reciprocity and the cognitive reframing of former enemies, leading to the humanization of the “other”. These encounters produce profound personal and interpersonal transformation, which in turn can catalyze the challenging of antagonistic community-level narratives and support broader societal reconciliation.
Families of the missing leverage their legitimacy and humanitarian framing of the issue to become powerful agents of structural change. They challenge exclusive, one-sided interpretations of conflict, advocate for a universal and broad vision of justice, and demand truth-telling and accountability. By acknowledging victimhood on all sides and articulating an understanding of peace based on mutual recognition of suffering, families help to heal social divisions and address the root causes of conflict. Through their focus on truth-seeking and cross-community relationship-building, families of the missing can make an essential contribution to the prevention of renewed conflict and the establishing of a foundation for sustainable peace.
A medicinal herbal tea classified as a traditional herbal medicinal product cannot, in principle, be marketed with the organic logo. The position may be otherwise where such an indication on the packaging has been approved by the competent authority on account of the beneficial effect of the organic production on the therapeutic characteristics of the medicinal product.
This chapter investigates some of the political implications of the global Pentecostal phenomenon. It then turns to the claim that the movement essentially acts as an apolitical, conservative force in societies where it is successful. The chapter also concentrates more on Pentecostal engagements with the public realm and the extent to which these can be said to be promoting or hindering democratic development. Several studies show the shift towards authoritarianism that affects many Pentecostal groups as charismatic leaders. Pentecostalism provides women with a sense of community and belonging. Its long-term impact might be the promotion of a liberal-capitalist and democratic ethos, and it is more likely to be found in the ranks of the forces favouring globalisation than those resisting its more questionable impacts. Pentecostalism might encourage the sort of work ethic that might promote liberal capitalism.
This chapter assesses better regulation policies in Europe by looking at the evolution of concepts, the role of new regulatory quality tools in processes of policy formulation and the question of measurement of quality. The conclusion is that measurement should not proceed by way of decontextualised scorecards, league tables and traffic light systems. The institutionalisation of better regulation policy is still low and the variance across the EU too high. The chapter discusses how indicators can contribute to the process of institutionalisation and ‘learning by monitoring’. Finally, it relates better regulation to contrasting images of regulatory governance and concludes that this policy has evolved from a set of technical tools. It has entered the territory of politics.
Eight United Nations human rights treaty bodies (UNTBs) can currently examine 'communications' (complaints) from individuals against states. This edited collection is the first in-depth analysis of the evidentiary regimes developed within this procedure. Nine case studies underscore the weak evidentiary basis of the UNTB decisions and the importance of addressing this issue, while the final chapter offers a set of practical recommendations. Grounded in academic research and legal practice, the volume incorporates doctrinal, critical, socio-legal, and anthropological perspectives. It provides an authoritative reference on UNTBs, whilst aiming at contributing to the strengthening of their evidentiary norms and practices. The title is also available open access on Cambridge Core.
The global order is undergoing significant transformations with far-reaching implications for international criminal justice. These shifts pose an existential challenge to core crimes accountability while re-shaping its pursuit. As the liberal order recedes, the International Criminal Court (ICC) faces a crisis driven by absolute sovereignty’s reassertion, weakened multilateral governance and increasing political and coercive pressures from powerful states. Simultaneously, these developments promote decentralised accountability, fostering the emergence of a polycentric system of international criminal justice. Trends in re-nationalisation, hybridisation and regionalisation align accountability with a more pluralistic, fluid global order. In this context, the ICC is not obsolete but requires a redefined role. While no longer the apex of international criminal justice, its existence remains crucial to addressing the risks of decentralised accountability. The Court, particularly its Office of the Prosecutor, should reconfigure strategies around positive complementarity, repositioning itself as a co-ordinating hub within this polycentric system.
Over a decade of conflict has ruptured protective layers for children, adolescents and caregivers in Syria, resulting in heightened mental health and psychosocial support (MHPSS) needs. Despite growing recognition of the potential of MHPSS in conflict zones, there are few documented cases of integrated, intergenerational programmes that work with children and their caregivers in parallel to strengthen child socio-emotional skills and the caregiving environment at scale. This study examines two nationally implemented MHPSS programmes, Sawa (“Together”) for children aged 6–17 years and Sanadi (“My Rock”) for their caregivers, co-created with families and delivered across Syria. Through a mixed-methods approach, early results suggest strong potential for intergenerational, trauma-informed, community-based MHPSS interventions in strengthening emotional regulation, relational communication and responsive caregiving among families living through armed conflict and protracted crisis.
The Organization for the Harmonization of Business Law in Africa (OHADA) was developed to introduce simple, up-to-date business laws in its member states. It has various goals, including harmonizing business laws, attracting foreign investment in its member states and promoting broader economic integration across Africa. At its initial development stage, OHADA chose a path dependence route, which positively impacted the achievement of some of its initial goals. While OHADA has been widely praised for its efficient business laws, its commitment to path dependence is likely to create a trap for the organization, hindering its further progress. This article analyses the unification of law in African former colonies from the critical perspective of path dependence theory. It examines how OHADA’s legal choices have impacted its various objectives at different stages of its development. Ultimately, the article proposes that OHADA amend its legal framework to achieve its broader aspirations.
The traditional account of the criminal trial holds that its fundamental purpose is to search for the truth—that is, the truth of whether the accused factually committed the alleged crime. However, purely truth-seeking accounts, as well as more nuanced side-constraint and pluralist accounts, fail to adequately explain the relationship between the epistemic principles and those of political morality shaping the criminal trial. In response, this article proposes that we understand the criminal trial first and foremost in terms of its purpose as a public procedure concerned with the legitimate use of coercive state powers against a particular person. Specifically, the criminal trial is a procedure that calls upon the state to provide a public justification for exercising its criminal law powers to convict and punish the accused. This account preserves the importance of establishing factual guilt because doing so is an essential part of the state’s justificatory burden.
This paper examines the 2016 trial of Ahmad Al Faqi Al Mahdi by the International Criminal Court (ICC) through the lenses of discourse analysis and linguistic anthropology, with a focus on how trial actors navigated legitimacy challenges. Al Mahdi, a member of Ansar Dine, was charged with the war crime of intentionally directing attacks against religious and historic buildings in Timbuktu, which were UNESCO World Heritage sites. This paper argues that the trial actors used a rhetorical “local-to-global parallelism” which sought to consolidate a global range of constituencies and legitimate the ICC’s actions both normatively and sociologically. The local-to-global parallelism served to “talk into existence” a broad-based victimhood, which reinforced the court’s symbolic authority and its claims to jurisdiction. It also relied heavily on intertextual connections between the ICC and UNESCO, thereby legitimating the prosecution of cultural heritage destruction as a grave international crime.
Contemporary Australian Tort Law Cases and Materials is a comprehensible textbook for students new to tort law. It scaffolds student learning by introducing the principles of tort law and demonstrating their application via case examples and key legislation. The book takes a contemporary approach to issues in Australian tort law, with a section on feminist critiques of law reform and insight into the Stolen Generations litigation. It harnesses principles of authentic assessment by offering review questions, critical thinking questions, discussion topics, comparison questions and practice problems. The annotation of the cases to highlight key principles further consolidates the book as a student-centric and learner-friendly resource. This unique approach will assist student comprehension of a range of torts and their defences, including negligence, trespass, nuisance, defamation, breach of statutory duty, and misfeasance in public office. The book also addresses vicarious and concurrent liability, remedies (including damages), and Australian statutory compensation schemes.
This article revitalises the debate on European citizenship by redefining its meaning within the EU and contributing to a broader understanding of constitutional transformation under conditions of post-national governance. Moving beyond the comparative method that evaluates European citizenship through the lens of national citizenship, it reorients the analytical focus to the interaction between national and European rights and introduces the concept of European Material Citizenship. This new form of citizenship reflects a normative shift in the regulation of social, political and economic relations within a constitutional order reshaped by European integration. While national citizenship synthesised the normative ideal constituting and regulating the relationship between the nation-state and individuals, European Material Citizenship synthesises the normative ideal governing a far more complex constitutional geometry – composed of European institutions, Member States and citizens.