Extrant A.2.2 - recherches - production de connaissances

Au Mali, la démocratisation politique a marqué le début d’un renouveau institutionnel visant à établir un système juridique qui tienne compte des intérêts de tous les citoyens, sans aucune distinction. Mais l’analphabétisme généralisé, l’extrême pauvreté et la méconnaissance des normes et des mécanismes juridiques étatiques n’ont guère été propices à une appropriation des réformes juridiques au niveau local, notamment dans les zones rurales. Les activités du GERSDA visent à développer la capacité des populations rurales à faire valoir leurs droits légaux et ont ainsi été axées sur les communautés touchées par les sociétés minières, où les problèmes juridiques se posent avec une acuité particulière. Le programme de renforcement des capacités juridiques à travers le mécanisme des « caravanes juridiques » a été élaboré en collaboration avec l’Institut International pour l’Environnement et le Développement (IIED), dans le cadre de son initiative Legal Tools for Citizen Empowerment. La présente note de capitalisation se penche sur les leçons apprises tout au long du processus de mise en oeuvre de ce programme. Elle présente les principales caractéristiques de l’approche, y compris ses réalisations et ses limites. Globalement, le rapport conclut que les activités menées ont constitué une offre cohérente, déclinée du niveau local au niveau national et qui a contribué à repousser les frontières du droit tel qu’il existe, afin d’influencer la réforme juridique

IUC Independent Policy Report: At the End of the End of History

The IUC Independent Policy Report was drafted by the IUC Legal Standards Research Group, organized by a Steering Committee chaired by Ugo Mattei (International University College of Turin), coordinated by Edoardo Reviglio (International University College of Turin) and Giuseppe Mastruzzo (International University College of Turin), and composed by Franco Bassanini (University of Rome “La Sapienza”), Guido Calabresi (Yale University), Antoine Garapon (Institut des Hautes Etudes sur la Justice, Paris), and Tibor Varady (Central European University, Budapest). Contributors include Eugenio Barcellona (Eastern Piedmont University), Mauro Bussani (University of Trieste), Giuliano G. Castellano (Ecole Polytechnique Preg/CRG), Moussa Djir´e (Bamako University), Liu Guanghua (Lanzhou University), Golnoosh Hakimdavar (University of Turin), John Haskell (SOAS), Jedidiah J. Kroncke (Yale Law School), Andrea Lollini (Bologna University), Alberto Lucarelli (Federico II University), Boris N. Mamlyuk, (University of Turin), Alberto Monti (Bocconi University), Sergio Ariel Muro (Torquato di Tella University), Domenico Nicol`o (Mediterranean University of Reggio Calabria), and Nicola Sartori (University of Michigan). The IUC Independent Policy Report argues for a radical change of perspective, capable of restoring the supremacy of the law over the economic system. It is not only about finance, nor is it only about economics or policy. In this sense a transnational set of normative principles is needed in order to establish a global legal system capable of controlling economic processes, rather than being controlled by them. Within this framework a series of policy proposals are presented in order to effectively implement a new system of global standards. The current Western standard of living is unsustainable. Should the rest share the model of development of the West, our planet will simply not be capable of resisting the growth in consumption and pollution. Within this fundamental setting of scarcity in resources, using the rhetoric of the end of history as the polar star for growth, development and ultimately happiness of the whole world is simply a cynical lie. We argue here for the beginning of a necessary process aimed at the development of a legal system that is much less about creating an effcient backbone for an exploitive economy and much more about a vision of civilization, justice and respect where the laws of nature and those of humans converge in a sustainable long-term philosophy. Principles of justice, responsibility and long term environmental protection, rather than short term economic contingency and strong interests must set the legal agenda. A new governance and bottom-up inclusive integration of knowledge-based economies (wherever located), which is crucial to the very survival of humankind, cannot happen without defning new terms of a widely accepted standard of long term justice in the transnational context, hence the urgency to conceive legitimate transnational legal structures and possibly some apparatus of “superlegality.” The report is composed of fve sections. After having presented the pitfalls of the prevailing theoretical apparatus, an alternative cultural grid upon which policy actions should be shaped is presented. In this sense several normative proposals - revisiting the key characteristics of the current system - are offered aiming at acquiring a wider perspective over the actual global crisis

IUC Independent Policy Report: At the End of the End of History: Global Legal Standards: Part of the Solution or Part of the Problem?

This draft was presented at the seminar, Global Standards in the 21st Century, organized by the G8 Presidency in Rome at the Ministry of Economy and Finance and Villa Madama on the 11-12th of May 2009. The IUC Independent Policy Report was drafted by the IUC Legal Standards Research Group, organized by a Steering Committee chaired by Ugo Mattei (International University College of Turin), coordinated by Edoardo Reviglio (International University College of Turin) and Giuseppe Mastruzzo (International University College of Turin),The IUC Independent Policy Report prepared by a group of lawyers at the International University College of Turin was presented at the meeting convened by the G8 Presidency in Rome on May 12, 2009.The IUC Independent Policy Report was drafted by the IUC Legal Standards Research Group, organized by a Steering Committee chaired by Ugo Mattei (International University College of Turin), coordinated by Edoardo Reviglio (International University College of Turin) and Giuseppe Mastruzzo (International University College of Turin), and composed by Franco Bassanini (University of Rome “La Sapienza”), Guido Calabresi (Yale University), Antoine Garapon (Institut des Hautes Etudes sur la Justice, Paris), and Tibor Varady (Central European University, Budapest). Contributors include Eugenio Barcellona (Eastern Piedmont University), Mauro Bussani (University of Trieste), Giuliano G. Castellano (Ecole Polytechnique Preg/CRG), Moussa Djir´e (Bamako University), Liu Guanghua (Lanzhou University), Golnoosh Hakimdavar (University of Turin), John Haskell (SOAS), Jedidiah J. Kroncke (Yale Law School), Andrea Lollini (Bologna University), Alberto Lucarelli (Federico II University), Boris N. Mamlyuk, (University of Turin), Alberto Monti (Bocconi University), Sergio Ariel Muro (Torquato di Tella University), Domenico Nicol`o (Mediterranean University of Reggio Calabria), and Nicola Sartori (University of Michigan). The IUC Independent Policy Report argues for a radical change of perspective, capable of restoring the supremacy of the law over the economic system. It is not only about finance, nor is it only about economics or policy. In this sense a transnational set of normative principles is needed in order to establish a global legal system capable of controlling economic processes, rather than being controlled by them. Within this framework a series of policy proposals are presented in order to effectively implement a new system of global standards. The current Western standard of living is unsustainable. Should the rest share the model of development of the West, our planet will simply not be capable of resisting the growth in consumption and pollution. Within this fundamental setting of scarcity in resources, using the rhetoric of the end of history as the polar star for growth, development and ultimately happiness of the whole world is simply a cynical lie. We argue here for the beginning of a necessary process aimed at the development of a legal system that is much less about creating an effcient backbone for an exploitive economy and much more about a vision of civilization, justice and respect where the laws of nature and those of humans converge in a sustainable long-term philosophy. Principles of justice, responsibility and long term environmental protection, rather than short term economic contingency and strong interests must set the legal agenda. A new governance and bottom-up inclusive integration of knowledge-based economies (wherever located), which is crucial to the very survival of humankind, cannot happen without defning new terms of a widely accepted standard of long term justice in the transnational context, hence the urgency to conceive legitimate transnational legal structures and possibly some apparatus of “superlegality.” The report is composed of fve sections. After having presented the pitfalls of the prevailing theoretical apparatus, an alternative cultural grid upon which policy actions should be shaped is presented. In this sense several normative proposals - revisiting the key characteristics of the current system - are offered aiming at acquiring a wider perspective over the actual global crisi

Assessing the EU’s conflict prevention and Peacebuilding interventions in Mali

The Case Study Report on Mali was produced as part of the project “Whole-of-Society Conflict Prevention and Peacebuilding” (WOSCAP). It contains the research findings on the EU interventions in conflict prevention and peacebuilding in Mali and focuses on: Multi-track Diplomacy, Security Sector Reform and Governance Reforms. This country case study aims to establish if and how EU interventions contribute to preventing conflict and consolidating the peace process in Mali, and it offers preliminary ideas on if and how EU interventions in this field might be improved. It is based on both a desk review and field research, with in-depth interviews with the representatives of local and international actors. Further, the WOSCAP project focuses on possible areas for improvement and recommendations regarding the EU capabilities

Assessing the EU’s conflict prevention and Peacebuilding interventions in Mali

The Case Study Report on Mali was produced as part of the project “Whole-of-Society Conflict Prevention and Peacebuilding” (WOSCAP). It contains the research findings on the EU interventions in conflict prevention and peacebuilding in Mali and focuses on: Multi-track Diplomacy, Security Sector Reform and Governance Reforms. This country case study aims to establish if and how EU interventions contribute to preventing conflict and consolidating the peace process in Mali, and it offers preliminary ideas on if and how EU interventions in this field might be improved. It is based on both a desk review and field research, with in-depth interviews with the representatives of local and international actors. Further, the WOSCAP project focuses on possible areas for improvement and recommendations regarding the EU capabilities

Conflict and cooperation in local water governance:Inventory of local water-related events in Douentza District, Mali

Recent years have witnessed an increasing focus on water as a source of conflict. So far, much of the focus has been on the risk for transboundary water conflicts. Our current knowledge on local water conflicts is however more limited, and tends to be based on sporadic accounts of local water conflicts rather than on systematic empirical evidence. At he same time, the extent and nature of local water cooperation is often overlooked, just as we know little about the particular role of the poorest in water conflict and cooperation. The lack of such knowledge jeopardizes current initiatives taken in many developing countries to ensure a more efficient and equitable water governance. To fill this gap, the Competing for Water research programme developed a conceptual and methodological framework for developing comprehensive inventories of local water-related conflict and cooperation. This report documents the results of applying this framework in Douzenta district, Mopti Region, Mali, and discusses the implications

Challenges of local water governance:the extent, nature and intensity of local water-related conflict and cooperation

This article presents the results of comprehensive inventories made of water-related conflict and cooperation occurring in five districts in Africa, Asia and Latin America between 1997 and 2007. Following a description of the conceptual and methodological framework developed for undertaking these inventories, the article documents the extent, nature and intensity of water-related conflict and cooperation in the five districts. The article concludes by identifying three challenges relating to the magnitude, complexity and invisibility of local-level conflict and cooperation about water, which efforts to improve local water governance would have to address.</jats:p