Rough Justice: Establishing the Rule of Law in Post-Conflict Territories

Published in cooperation with the American Bar Association Section of Dispute Resolutio

UNaccountable? The United Nations, Emergency Powers, and the Rule of Law

For a body committed to the rule of law in theory, the applicability of the rule of law to the United Nations in practice remains oddly unclear. This Article will not consider the personal responsibility of UN officials, who generally enjoy personal or functional immunity from legal process in the territories where they work. Rather the focus of this Article is on the quasi-constitutional question of the liability of the organization itself. As the United Nations has assumed more state-like functions-in particular through the coercive activities of its Security Council--the question of what limits exist on the powers thus exercised has become more pressing. These powers may be compared to emergency powers within the domestic jurisdiction of states. Whereas a state of emergency is traditionally invoked in order to justify a departure from or stretching of the rule of law, here the existence of an emergency is a prerequisite to invoking the rule of law at all. At the same time, those promoting the rule of law generally lie beyond the reach of the jurisdiction in question--both during times of emergency and in times of quiet

Secrets and Lies: Intelligence Activities and the Rule of Law in Times of Crisis

This Article will consider generally the prospects for an approach to intelligence activities based on the rule of law, focusing on the problem of covertness. In particular, it will examine the debate over how law should deal with crises, epitomized by the ticking time-bomb hypothetical. On the one hand, some call for a pragmatic recognition that, in extremis, public officials may be required to act outside the law and should seek after-the-fact ratification of their extra-legal measures. On the other hand, others argue that the embrace of extra-legal measures misconceives the rule of law, underestimates the capacity of a constitutional order to deal with crises, and overestimates the ability and willingness of skittish publics to reign in officials. These two positions have recently become identified with the works of Oren Gross and David Dyzenhaus, respectively, although the debate is, of course, far older than these agonists of post-September 11 constitutionalism. As Dyzenhaus acknowledges, the question of whether the response of the executive in emergencies is constrained by law was an argument that Victorian jurist A.V. Dicey had with himself a century ago; Gross traces the essence of his own argument back two centuries further to John Locke\u27s theory of prerogative power

The Evolution of Legal Education: Internationalization, Transnationalization, Globalization

This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalization saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied, transnationalization saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations, globalization is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions

The Spy Who Came in From the Cold War: Intelligence and International Law

This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have examined possible consequences in terms of state responsibility of intelligence activities that may amount to violations of international law. Given the ongoing importance to states of both intelligence and counterintelligence, such issues may never be resolved conclusively. There is little prospect, for example, of concluding a convention defining the legal boundaries of intelligence gathering, if only because most states would be unwilling to commit themselves to any standards they might wish to impose on others

The Spy Who Came in From the Cold War: Intelligence and International Law

This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have examined possible consequences in terms of state responsibility of intelligence activities that may amount to violations of international law. Given the ongoing importance to states of both intelligence and counterintelligence, such issues may never be resolved conclusively. There is little prospect, for example, of concluding a convention defining the legal boundaries of intelligence gathering, if only because most states would be unwilling to commit themselves to any standards they might wish to impose on others

The Evolution of Legal Education: Internationalization, Transnationalization, Globalization

This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalization saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied, transnationalization saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations, globalization is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions

Intensifying inequality? Gendered trends in commercializing and diversifying smallholder farming systems in East Africa

While the commercialization and diversification of agricultural and livestock systems have been identified as key global strategies for climate change adaptation and mitigation, less is known as to the large-scale gendered impacts that are implicated in these transformations among smallholder crop and livestock farmers. This study explores these gender impacts across different farming systems and gender-respondent-household typologies using data from the Rural Household Multiple Indicator Survey (RHoMIS) in 2,859 households in three East African countries – Ethiopia, Kenya, and Tanzania. Female control scores over incomes or foodstuffs produced through both on and off farm activities were highest in farming systems that had more land and more livestock. However, increasing commercialization – defined herein as the increasing importance of crop and livestock sales to farm households – resulted in an overall decline in female control across all farming systems and gender-respondent-household typologies. In contrast, crop and livestock diversification were positively associated with female control across gender-respondent-household typologies. Analysis of specific crops and livestock products across farming systems and respondent typologies revealed women have far greater control over decisions related to consumption than decisions related to sales, although the gap between the two were less pronounced in lesser-valued livestock products (chickens, eggs). However, the analyses suggest that as sale of crops and livestock increase, female control over these areas could likely diminish, regardless of specific activity. The authors conclude that approaches to adapt to or mitigate climate change that rely on increasing market orientation of smallholder production will likely intensify men's control over benefits from production, whereas diversification will likely have a more positive impact on female control. Thus, climate adaptation strategies promoting increased diversification will likely have a more positive impact on women smallholders than commercialization alone. The authors recommend that when commercialization is the target intervention, it must be accompanied by a gender differentiated analysis of trade-offs and risks to mitigate the potential negative consequences shown in this study

The Rural Household Multiple Indicator Survey, data from 13,310 farm households in 21 countries

The Rural Household Multiple Indicator Survey (RHoMIS) is a standardized farm household survey approach which collects information on 758 variables covering household demographics, farm area, crops grown and their production, livestock holdings and their production, agricultural product use and variables underlying standard socio-economic and food security indicators such as the Probability of Poverty Index, the Household Food Insecurity Access Scale, and household dietary diversity. These variables are used to quantify more than 40 different indicators on farm and household characteristics, welfare, productivity, and economic performance. Between 2015 and the beginning of 2018, the survey instrument was applied in 21 countries in Central America, sub-Saharan Africa and Asia. The data presented here include the raw survey response data, the indicator calculation code, and the resulting indicator values. These data can be used to quantify on- and off-farm pathways to food security, diverse diets, and changes in poverty for rural smallholder farm households