3 results
Contributors
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- By Aviva Abosch, Nazanin Baradaran, Ferdinand Binkofski, Richard Camicioli, Alain Dagher, Janet Dubinsky, Uzay E. Emir, Cecile Gallea, Noam Harel, Andreas Hartmann, Bernhard Haslinger, Isabelle Iltis, Jozef Jarosz, Keith A. Josephs, Stephane Lehericy, Elan D. Louis, Silvia Mangia, W. R. Wayne Martin, Martin J. McKeown, Shalom Michaeli, Christoph Mueller, Gülin Öz, Cyril Poupon, Kathrin Reetz, Michael Samuel, Michael Schocke, Norbert Schuff, Klaus Seppi, Hiral Shah, Alison Simioni, Paul Tuite, Tobias Wächter, Gregor K. Wenning, Jennifer L. Whitwell, Yulia Worbe
- Edited by Paul Tuite, University of Minnesota, Alain Dagher
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- Book:
- Magnetic Resonance Imaging in Movement Disorders
- Published online:
- 05 October 2013
- Print publication:
- 10 October 2013, pp vi-viii
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- Chapter
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10 - Casualties of myopia
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- By Michael E. Hartmann, University of Punjab Law College
- Edited by Whit Mason, University of New South Wales, Sydney
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- Book:
- The Rule of Law in Afghanistan
- Published online:
- 01 June 2011
- Print publication:
- 14 April 2011, pp 172-204
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- Chapter
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Summary
Since 2002, the international community has launched a series of initiatives aimed at fostering the rule of law in Afghanistan. The Bonn agreement and its follow-up and conference created roles for ‘lead nations’ in various sectors of development: Italy was assigned the justice system, while Germany was assigned police and the UK counter-narcotics. The London compact in January 2006 attempted to create an Afghan-owned national development strategy, the Rome conference in July 2007 framed an Afghan-managed national justice sector project, and since October 2009 the international community has intensely escalated its pressure on the Afghan government to tackle the crippling corruption. In 2010, the US, as the highest spending justice donor, has added to its strategy significant assistance to customary (non-state) justice mechanisms.
At the technical level, international influence has been distorted by bureaucratic inefficiency and self-interested policies and implementation, an emergency rather than sustainable development mindset, and a lack of coordination and collaboration both within the international community and between foreign donors and Afghanistan's justice institutions and stakeholders. Still worse, the international community has failed to help establish the necessary preconditions for the long-term legal and political development necessary to make the justice system a source of legitimacy, predictability and protection for the wider society. Among these, none is more fundamental, as has belatedly been recognised, than checking corruption and ending the impunity of the powerful.
14 - Lost in translation
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- By Michael E. Hartmann, University of Punjab Law College, Agnieszka Klonowiecka-Milart, Supreme Court of Kosovo
- Edited by Whit Mason, University of New South Wales, Sydney
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- Book:
- The Rule of Law in Afghanistan
- Published online:
- 01 June 2011
- Print publication:
- 14 April 2011, pp 266-298
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- Chapter
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Summary
Since 2004, Afghan law has been extensively revised and amended, with heavy input from foreign jurists, including whole laws being drafted by foreigners and adopted by Afghanistan. Belatedly, the government of Afghanistan and its international partners have developed a sound mechanism for facilitating Afghan-international consultation and consensus, but most new laws are still not subjected to this process, and do not reflect Afghanistan's cultural, political and legal traditions and conditions.
Based on this experience, this chapter argues that:
foreigners cannot properly draft and revise Afghan laws by themselves, and thus even if Afghan authorities ask the foreigners to do so, any such exercise is doomed to fail;
however, foreigners can, in partnership with Afghan authorities and experts, contribute to the creation of good law, provided the procedures for drafting and review are viable and transparent, allow full representation of different expert groups, and are adhered to consistently;
only such a technical and quasi-political law reform process, which engenders consensus, may result in laws that that will be considered legitimate, and thus internalised and applied by Afghans.
Introduction
Most experts agree that the criminal justice codes and laws are now a melange of conflicting and confusing provisions, contained in various legislative pieces of disparate provenance. Conflict and confusion arise from two overlays, one horizontal and the other vertical. Horizontal conflict results from contemporaneously drafted laws whose individual ambit appears clear and non-derogative but whose provisions, when viewed systemically, actually impinge on other laws because of drafting errors.