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Over the last three decades, countries across the Andean region have moved toward legal recognition of indigenous justice systems. This turn toward legal pluralism, however, has been and continues to be heavily contested. The working paper explores a theoretical perspective that aims at analyzing and making sense of this contentious process by assessing the interplay between conflict and (mis)trust. Based on a review of the existing scholarship on legal pluralism and indigenous justice in the Andean region, with a particular focus on the cases of Bolivia and Ecuador, it is argued that manifest conflict over the contested recognition of indigenous justice can be considered as helpful and even necessary for the deconstruction of mistrust of indigenous justice. Still, such conflict can also help reproduce and even reinforce mistrust, depending on the ways in which conflict is dealt with politically and socially. The exploratory paper suggests four proposition that specify the complex and contingent relationship between conflict and (mis)trust in the contested negotiation of pluralist justice systems in the Andean region.
This article addresses concerns that the growth in global governance may be bringing with it a decline in the significance of democratic sources of political legitimacy. One approach in evaluating such concerns is to ask whether the respective patterns of legitimation for private and public authority differ or whether they refer to a similar set of normative standards. Private transnational governance regimes provide useful contexts in which to assess the presumed democratic erosion. They seem, almost of themselves, to make the case for such a decline: in them regulatory authority is exercised by non-state actors who, by their very nature, lack the kind of authorization afforded by the democratic procedures that legitimize state-based regulation; in addition, they are intrinsically linked to the notion of politics as a form of problem-solving rather than as the exercise of power. Given these characteristics, when governance arrangements of this kind are subjected to criticism, one would expect justificatory responses to relate primarily to performance, with normative criteria such as fundamental individual rights and the imperative for democratic procedure playing only a minor role. On the basis of a qualitative content analysis, the study tests three ideal-type patterns of legitimation for plausibility. The case selected for examination is the recent controversy surrounding the hybrid governance regime that operates to prevent the use of performance-enhancing drugs in sport. The debate offers the possibility of a ‘nutshell’ comparison of the respective patterns of legitimation used in criticizing and justifying state and non-state regulatory authority. This comparison yields two findings. The first is that the values used to appraise the state-based components of the sporting world’s hybrid regulatory regime do not differ systematically from those used to appraise the private elements: contestation and justification in both cases are founded on normative criteria relating to fundamental individual rights and democratic procedure and not just on performance-related considerations. The second finding is that justificatory grounds of the first type do not appear to be diminishing in importance vis-à-vis those of the second.
This is the ninth article in our series Trouble on the Far-Right.
Since around 1990, the state of the Austrian far right1 has been characterized by the strength of the Austrian Freedom Party (FPÖ – Freiheitliche Partei Österreichs, more precisely translated as Freedomite Party of Austria2) and the relative weakness of extra-parliamentarian far right activism. Far from a mere coincidence, these two features are to be understood as closely linked: the FPÖ’s electoral successes have brought far right causes and talking points unto the political center stage on a national level, given them ample media coverage and made street militancy increasingly pointless. Insofar, the Austrian far right spectrum could – at least until recently – be described as a photographic negative of the situation in Germany: successful party politics, weak bottom-up mobilizations and a comparatively low incidence of street violence. Currently, however, the long held hopes of German right-wingers for a party both in the mold, and strength, of the FPÖ are apparently being fulfilled by the emergence of the Alternative for Germany (AfD). Conversely, both legal and illegal street activism have been on the rise in Austria in recent years, particularly since the start of the asylum crisis in Europe. Numerous violent incidents were reported in 2015, including a minimum of 25 attacks on housing facilities for asylum seekers.
A decorated pair of trousers excavated from a well-preserved tomb in the Tarim Basin proved to have a highly informative life history, teased out by the authors – with archaeological, historical and art historical dexterity. Probably created under Greek influence in a Bactrian palace, the textile started life in the third/second century BC as an ornamental wall hanging, showing a centaur blowing a war-trumpet and a nearly life-size warrior of the steppe with his spear. The palace was raided by nomads, one of whom worked a piece of the tapestry into a pair of trousers. They brought no great luck to the wearer who ended his days in a massacre by the Xiongnu, probably in the first century BC. The biography of this garment gives a vivid glimpse of the dynamic life of Central Asia at the end of the first millennium.
Terrorism isn't new to the country; in its history, France has experienced a significant number of attacks. In 1995, the GIA-affiliated terrorist network of which Khaled Kelkal was part conducted several attacks, as did the Al Qaida-affiliated gang de Roubaix one year later; but until Mohammed Merah’s murders in 2012 in Toulouse and Montauban, terrorist attacks were treated as political violence in the context of anti-colonial struggles or connected to other kinds of violent conflicts abroad, such as the Bosnian War, rather than as religiously inspired or connected to social, societal and/or political issues within the country, or as some sort of atypical pathology. Terrorist perpetrators, their networks and milieus were met with repressive instruments – a wider angle of analysis which would have allowed to tackle the threat from a more holistic perspective had not been incorporated in a counter-terrorism policy design.
“We shall bring victory”. Those were the words of sheik Hassan Nasrallah, leader of Hezbollah, on 25 may 2013. Usually these words would be directed at Israel, the sworn enemy of the Lebanese movement. But this time Nasrallah was referring to the fighting in Syria. That night Hezbollah explicitly chose to side with the Syrian government in her fight against the rebels in the ongoing civil war. Why does the Shia Islamic and pro-Iranian Hezbollah stand so firmly alongside the secular Arab nationalist regime of Bashar al-Assad? What are the consequences for Lebanon and what does the interference of Hezbollah tell us about the balance of power in the small and deeply divided neighbouring country of Syria?
This is the sixth article in our series Trouble on the Far-Right.
As everywhere else in Eastern Europe, ever since the fall of the communist regime, Romania’s political system has experienced dramatic changes from one electoral cycle to another, starting off with what was considered to be an inflation of political parties at the beginning of the 1990’s and arriving today at what seems to approximate a two-party system, with the Social-Democratic Party (PSD) on the left and the National Liberal Party (PNL) on the right side of the political spectrum. However, the fog surrounding the ideological identities of virtually all Romanian political parties has only intensified in time, leaving the party system in flux and creating the idea that there are no significant differences between the major political players. As was the case of many other countries, this situation has generated the (at least partial) success of a radical anti-establishment discourse. However, unlike other European countries, the far right in Romania did not benefit by the financial crisis...