7,752 research outputs found

    Meta-participation in multistakeholder mechanisms: Peruvian civil society and the free trade agreement with the EU

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    This paper elaborates on the relatively unknown concept of meta-participation: stakeholders’ attempts to reorganize the way in which their participation in decision-making is organized. It also applies these conceptual insights to an empirical study of Peruvian civil society. Relying on primary documents and interviews with stakeholders, the article analyzes meta-participation in the framework of Peru’s Free Trade Agreement (FTA) with the European Union, showing why and how Peruvian civil society has sought to improve the way in which the participation opportunities offered in the framework of the FTA have been implemented. The article has been developed in an abductive manner, with conceptual and empirical insights building on each other. Finally, the article also discusses the limitations of these meta-participatory activities. Resumen: Metaparticipación en mecanismos multilaterales: La sociedad civil peruana y el Tratado de Libre Comercio con la Unión Europea El artículo elabora el relativamente desconocido concepto de metaparticipación: Los intentos de las partes interesadas en reorganizar el modo en el que se organiza su participación en la toma de decisiones. Asimismo, aplica estas perspectivas conceptuales a un estudio empírico de la sociedad civil peruana. Basándose en documentos primarios y entrevistas con las partes interesadas, el artículo analiza la metaparticipación en el marco del Tratado de Libre Comercio (TLC) de Perú con la Unión Europea y muestra por qué y cómo la sociedad civil ha intentado mejorar la implementación de los espacios de consulta proporcionados en el marco del TLC. El articulo ha sido desarrollado de manera abductiva, en la que las ideas teoréticas y empíricas se refuerzan unas a otras. Finalmente, el articulo también analiza los límites de estas actividades metaparticipativas

    Victims' Access to Justice in Trinidad and Tobago: An exploratory study of experiences and challenges of accessing criminal justice in a post-colonial society

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    This thesis investigates victims' access to justice in Trinidad and Tobago, using their own narratives. It seeks to capture how their experiences affected their identities as victims and citizens, alongside their perceptions of legitimacy regarding the criminal justice system. While there have been some reforms in the administration of criminal justice in Trinidad and Tobago, such reforms have not focused on victims' accessibility to the justice system. Using grounded theory methodology, qualitative data was collected through 31 in-depth interviews with victims and victim advocates. The analysis found that victims experienced interpersonal, structural, and systemic barriers at varying levels throughout the criminal justice system, which manifested as institutionalized secondary victimization, silencing and inequality. This thesis argues that such experiences not only served to appropriate conflict but demonstrates that access is often given in a very narrow sense. Furthermore, it shows a failure to encompass access to justice as appropriated conflicts are left to stagnate in the system as there is often very little resolution. Adopting a postcolonial lens to analyse victims' experiences, the analysis identified othering practices that served to institutionalize the vulnerability and powerlessness associated with victim identities. Here, it is argued that these othering practices also affected the rights consciousness of victims, delegitimating their identities as citizens. Moreover, as a result of their experiences, victims had mixed perceptions of the justice system. It is argued that while the system is a legitimate authority victims' endorsement of the system is questionable, therefore victims' experiences suggest that there is a reinforcement of the system's legal hegemony. The findings suggest that within the legal system of Trinidad and Tobago, legacies of colonialism shape the postcolonial present as the psychology and inequalities of the past are present in the interactions and processes of justice. These findings are relevant for policymakers in Trinidad and Tobago and other regions. From this study it is recognized that, to improve access to justice for victims, there needs to be a move towards victim empowerment that promotes resilience and enhances social capital. Going forward it is noted that there is a need for further research

    Implementing Health Impact Assessment as a Required Component of Government Policymaking: A Multi-Level Exploration of the Determinants of Healthy Public Policy

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    It is widely understood that the public policies of ‘non-health’ government sectors have greater impacts on population health than those of the traditional healthcare realm. Health Impact Assessment (HIA) is a decision support tool that identifies and promotes the health benefits of policies while also mitigating their unintended negative consequences. Despite numerous calls to do so, the Ontario government has yet to implement HIA as a required component of policy development. This dissertation therefore sought to identify the contexts and factors that may both enable and impede HIA use at the sub-national (i.e., provincial, territorial, or state) government level. The three integrated articles of this dissertation provide insights into specific aspects of the policy process as they relate to HIA. Chapter one details a case study of purposive information-seeking among public servants within Ontario’s Ministry of Education (MOE). Situated within Ontario’s Ministry of Health (MOH), chapter two presents a case study of policy collaboration between health and ‘non-health’ ministries. Finally, chapter three details a framework analysis of the political factors supporting health impact tool use in two sub-national jurisdictions – namely, Québec and South Australia. MOE respondents (N=9) identified four components of policymaking ‘due diligence’, including evidence retrieval, consultation and collaboration, referencing, and risk analysis. As prospective HIA users, they also confirmed that information is not routinely sought to mitigate the potential negative health impacts of education-based policies. MOH respondents (N=8) identified the bureaucratic hierarchy as the brokering mechanism for inter-ministerial policy development. As prospective HIA stewards, they also confirmed that the ministry does not proactively flag the potential negative health impacts of non-health sector policies. Finally, ‘lessons learned’ from case articles specific to Québec (n=12) and South Australia (n=17) identified the political factors supporting tool use at different stages of the policy cycle, including agenda setting (‘policy elites’ and ‘political culture’), implementation (‘jurisdiction’), and sustained implementation (‘institutional power’). This work provides important insights into ‘real life’ policymaking. By highlighting existing facilitators of and barriers to HIA use, the findings offer a useful starting point from which proponents may tailor context-specific strategies to sustainably implement HIA at the sub-national government level

    Preferentialism and the conditionality of trade agreements. An application of the gravity model

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    Modern economic growth is driven by international trade, and the preferential trade agreement constitutes the primary fit-for-purpose mechanism of choice for establishing, facilitating, and governing its flows. However, too little attention has been afforded to the differences in content and conditionality associated with different trade agreements. This has led to an under-considered mischaracterisation of the design-flow relationship. Similarly, while the relationship between trade facilitation and trade is clear, the way trade facilitation affects other areas of economic activity, with respect to preferential trade agreements, has received considerably less attention. Particularly, in light of an increasingly globalised and interdependent trading system, the interplay between trade facilitation and foreign direct investment is of particular importance. Accordingly, this thesis explores the bilateral trade and investment effects of specific conditionality sets, as established within Preferential Trade Agreements (PTAs). Chapter one utilises recent content condition-indexes for depth, flexibility, and constraints on flexibility, established by Dür et al. (2014) and Baccini et al. (2015), within a gravity framework to estimate the average treatment effect of trade agreement characteristics across bilateral trade relationships in the Association of Southeast Asian Nations (ASEAN) from 1948-2015. This chapter finds that the composition of a given ASEAN trade agreement’s characteristic set has significantly determined the concomitant bilateral trade flows. Conditions determining the classification of a trade agreements depth are positively associated with an increase to bilateral trade; hereby representing the furthered removal of trade barriers and frictions as facilitated by deeper trade agreements. Flexibility conditions, and constraint on flexibility conditions, are also identified as significant determiners for a given trade agreement’s treatment effect of subsequent bilateral trade flows. Given the political nature of their inclusion (i.e., the appropriate address to short term domestic discontent) this influence is negative as regards trade flows. These results highlight the longer implementation and time frame requirements for trade impediments to be removed in a market with higher domestic uncertainty. Chapter two explores the incorporation of non-trade issue (NTI) conditions in PTAs. Such conditions are increasing both at the intensive and extensive margins. There is a concern from developing nations that this growth of NTI inclusions serves as a way for high-income (HI) nations to dictate the trade agenda, such that developing nations are subject to ‘principled protectionism’. There is evidence that NTI provisions are partly driven by protectionist motives but the effect on trade flows remains largely undiscussed. Utilising the Gravity Model for trade, I test Lechner’s (2016) comprehensive NTI dataset for 202 bilateral country pairs across a 32-year timeframe and find that, on average, NTIs are associated with an increase to bilateral trade. Primarily this boost can be associated with the market access that a PTA utilising NTIs facilitates. In addition, these results are aligned theoretically with the discussions on market harmonisation, shared values, and the erosion of artificial production advantages. Instead of inhibiting trade through burdensome cost, NTIs are acting to support a more stable production and trading environment, motivated by enhanced market access. Employing a novel classification to capture the power supremacy associated with shaping NTIs, this chapter highlights that the positive impact of NTIs is largely driven by the relationship between HI nations and middle-to-low-income (MTLI) counterparts. Chapter Three employs the gravity model, theoretically augmented for foreign direct investment (FDI), to estimate the effects of trade facilitation conditions utilising indexes established by Neufeld (2014) and the bilateral FDI data curated by UNCTAD (2014). The resultant dataset covers 104 countries, covering a period of 12 years (2001–2012), containing 23,640 observations. The results highlight the bilateral-FDI enhancing effects of trade facilitation conditions in the ASEAN context, aligning itself with the theoretical branch of FDI-PTA literature that has outlined how the ratification of a trade agreement results in increased and positive economic prospect between partners (Medvedev, 2012) resulting from the interrelation between trade and investment as set within an improving regulatory environment. The results align with the expectation that an enhanced trade facilitation landscape (one in which such formalities, procedures, information, and expectations around trade facilitation are conditioned for) is expected to incentivise and attract FDI

    Coloniality and the Courtroom: Understanding Pre-trial Judicial Decision Making in Brazil

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    This thesis focuses on judicial decision making during custody hearings in Rio de Janeiro, Brazil. The impetus for the study is that while national and international protocols mandate the use of pre-trial detention only as a last resort, judges continue to detain people pre-trial in large numbers. Custody hearings were introduced in 2015, but the initiative has not produced the reduction in pre-trial detention that was hoped. This study aims to understand what informs judicial decision making at this stage. The research is approached through a decolonial lens to foreground legacies of colonialism, overlooked in mainstream criminological scholarship. This is an interview-based study, where key court actors (judges, prosecutors, and public defenders) and subject matter specialists were asked about influences on judicial decision making. Interview data is complemented by non-participatory observation of custody hearings. The research responds directly to Aliverti et al.'s (2021) call to ‘decolonize the criminal question’ by exposing and explaining how colonialism informs criminal justice practices. Answering the call in relation to judicial decision making, findings provide evidence that colonial-era assumptions, dynamics, and hierarchies were evident in the practice of custody hearings and continue to inform judges’ decisions, thus demonstrating the coloniality of justice. This study is significant for the new empirical data presented and theoretical innovation is also offered via the introduction of the ‘anticitizen’. The concept builds on Souza’s (2007) ‘subcitizen’ to account for the active pursuit of dangerous Others by judges casting themselves as crime fighters in a modern moral crusade. The findings point to the limited utility of human rights discourse – the normative approach to influencing judicial decision making around pre-trial detention – as a plurality of conceptualisations compete for dominance. This study has important implications for all actors aiming to reduce pre-trial detention in Brazil because unless underpinning colonial logics are addressed, every innovation risks becoming the next lei para inglês ver (law [just] for the English to see)

    Post-Millennial Queer Sensibility: Collaborative Authorship as Disidentification in Queer Intertextual Commodities

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    This dissertation is examining LGBTQ+ audiences and creatives collaborating in the creation of new media texts like web shows, podcasts, and video games. The study focuses on three main objects or media texts: Carmilla (web series), Welcome to Night Vale (podcast), and Undertale (video game). These texts are transmedia objects or intertextual commodities. I argue that by using queer gestures of collaborative authorship that reaches out to the audience for canonical contribution create an emerging queer production culture that disidentifies with capitalism even as it negotiates capitalistic structures. The post-millennial queer sensibility is a constellation of aesthetics, self-representation, alternative financing, and interactivity that prioritizes community, trust, and authenticity using new technologies for co-creation. Within my study, there are four key tactics or queer gestures being explored: remediation, radical ambiguity and multi-forms as queer aesthetics, audience self-representation, alternative financing like micropatronage & licensed fan-made merchandise, and interactivity as performance. The goal of this project is to better understand the changing conceptions of authorship/ownership, canon/fanon (official text/fan created extensions), and community/capitalism in queer subcultures as an indicator of the potential change in more mainstream cultural attitudes. The project takes into consideration a variety of intersecting identities including gender, race, class, and of course sexual orientation in its analysis. By examining the legal discourse around collaborative authorship, the real-life production practices, and audience-creator interactions and attitudes, this study provides insight into how media creatives work with audiences to co-create self-representative media, the motivations, and rewards for creative, audiences, and owners. This study aims to contribute towards a fuller understanding of queer production cultures and audience reception of these media texts, of which there is relatively little academic information. Specifically, the study mines for insights into the changing attitudes towards authorship, ownership, and collaboration within queer indie media projects, especially as these objects are relying on the self-representation of both audiences and creatives in the formation of the text

    A cosmopolitan international law: the authority of regional inter-governmental organisations to establish international criminal accountability mechanisms

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    The overall aim of this thesis is to investigate the potential role of regional inter-governmental organisations (RIGOs) in international criminal accountability, specifically through the establishment of criminal accountability mechanisms, and to make a case for RIGOs’ active involvement. The thesis proceeds from the assumption that international criminal justice is a cosmopolitan project that demands that a tenable conception of state sovereignty guarantees humanity’s fundamental values, specifically human dignity. Since cosmopolitanism emphasises the equality and unity of the human family, guaranteeing the dignity and humanity of the human family is therefore a common interest of humanity rather than a parochial endeavour. Accountability for international crimes is one way through which human dignity can be validated and reaffirmed where such dignity has been grossly and systematically assaulted. Therefore, while accountability for international crimes is primarily the obligation of individual sovereign states, this responsibility is ultimately residually one of humanity as a whole, exercisable through collective action. As such, the thesis advances the argument that states as collective representations of humanity have a responsibility to assist in ensuring accountability for international crimes where an individual state is either genuinely unable or unwilling by itself to do so. The thesis therefore addresses the question as to whether RIGOs, as collective representations of states and their peoples, can establish international criminal accountability mechanisms. Relying on cosmopolitanism as a theoretical underpinning, the thesis examines the exercise of what can be considered as elements of sovereign authority by RIGOs in pursuit of the cosmopolitan objective of accountability for international crimes. In so doing, the thesis interrogates whether there is a basis in international law for such engagement, and examines how such engagement can practically be undertaken, using two case studies of the European Union and the Kosovo Specialist Chambers and Specialist Prosecutor’s Office, and the African Union and the (proposed) Hybrid Court for South Sudan. The thesis concludes that general international law does not preclude RIGOs from exercising elements of sovereign authority necessary for the establishment of international criminal accountability mechanisms, and that specific legal authority to engage in this regard can then be determined by reference to the doctrine of attributed/conferred powers and the doctrine of implied powers in interpreting the legal instruments of RIGOs. Based on this conclusion, the thesis makes a normative case for an active role for RIGOs in the establishment of international criminal accountability mechanisms, and provides a practical step-by-step guide on possible legal approaches for the establishment of such mechanisms by RIGOs, as well as guidance on possible design models for these mechanisms

    The role of school governing bodies in the democratization of secondary school education in Zambia : a case study

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    The functioning of school governing bodies (SGBs) has been extensively studied worldwide. However, the literature has revealed few studies in Zambia. This study sought to explore SGBs with a view to establishing the democratic enablers/disenablers present in secondary schools in Zambia. The research was guided by the following questions: What are the enablers/disenablers of democratic school governance; to what extent do the SGBs contribute to democracy and how could they be used to promote it? The study was informed by the concepts of decentralization and democratic school governance and adopted a qualitative approach. An interpretive/constructivist research paradigm was applied in the study. School governors from two public secondary schools in the Southern province formed the study population. The sample comprised members of SGBs (14 parents, 14 educators and 8 learners). Data collected from interviews and focus group discussions were analysed thematically, while observations and document review data were analysed using content analysis. The study established the existence of both enabling and disabling elements in SGBs. The study concluded that the SGBs were, in the main, democratic and had implemented the principle of decentralisation with participation by all eligible stakeholders. Despite the presence of democratic features, certain undemocratic elements were identified in the SGBs Democratic structures include the SGB itself, parent–teacher associations and learner’s representative councils and these were recognised as legal entities for promoting democratic school governance. Despite that, SGBs’ lack of adequate preparation impacted negatively on effective delivery by members. Furthermore, the study revealed that stakeholders’ participation on boards enhanced their leadership skills. The SGBs had therefore succeeded in nurturing decision-making skills and stakeholder participation. Whether the acquired democratic values will be transferred to real-life situations remains a matter for further empirical investigation. Based on the evidence and the key findings, the study recommends the need to strengthen enabling democratic practices related to equity, collective decision-making, deliberation, freedom of expression and member participation at all levels of the school governance process. The study also advocates for the training of governors if they are to act more democratically.Educational Leadership and ManagementPh. D. (Education
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