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The durability of democracy among modern political systems is based on its ability to provide for its own self-enforcement without recourse to outside compulsion (North, Summerhill, and Weingast 2000; Przeworski 1991). Recourse to outside enforcement is always dangerous because loss of self-restraint by that authority raises the dilemma of “who guards the guardians” (Hurwicz 2008), and holds out the possibility of dictatorship.
Whether old or new, democracies are fragile. There are no guarantees that they will last. Why? Part of the answer is that democracy is an inherently unfinished project. There is always more political work to do. The institutions that define democratic life, such as a robust civil society, political parties that structure public opinion and voting behavior, and free, fair, and competitive elections, moreover, are just as available to authoritarians, as to democrats. Finally, democracies operate in an international system that supports the spread of dictatorship, as well as democracy.
This chapter explores the possibilities and dilemmas that civil society actors face in resisting and reversing democratic backsliding through examples from around the world. It examines the conditions that shape civil society activism under backsliding and the roles it has played in containing or reversing autocratization. As it shows, in a number of cases civil society resistance has been critical in restraining and reversing backsliding. But it has been better able to counter backsliding when popular support for the backsliding leader has eroded and the opposition is able to work through institutions rather than having to work against them. As backsliding proceeds, institutional channels for influence deteriorate. As a result, there is a critical window during which civil society resistance stands a better chance of containing backsliding: before electoral processes and institutional constraints on executives are fully captured. Once capture occurs, civil society resistance moves to the much more dangerous and difficult task of confronting rather than preventing dictatorship.
This chapter argues that advisory proceedings have the procedural flexibility to enable individuals’ participation, despite the Court’s reluctance to bring such participation to fruition. It first dispels the myth that witnesses are limited to the confines of contentious proceedings. It then discusses the Court’s sparse engagement with amici curiae. Finally, it explores the potential of the analogous extension of Article 66(2) of the Court’s Statute, authorising the furnishing of information by entities beyond states and international organisations.
This chapter discusses the political and diplomatic control of the implementation of international decisions by quasi-judicial bodies. It covers the follow-up procedures of the Human Rights Committee, the African Commission, and the Inter-American Commission, highlighting the challenges and effectiveness of these mechanisms. The chapter examines the role of states, international organizations, and civil society in ensuring compliance with international human rights decisions, the strategies for overcoming obstacles to implementation, and the impact of political and diplomatic efforts on the protection of human rights. It also discusses the need for enhanced cooperation and coordination among various actors to improve the effectiveness of these follow-up procedures.
The participation of non-state actors in global health law has undergone tremendous change over the years, with non-state actors playing an increasingly important role in the formation of global health law — in terms of engagement in international health governance forums and health policy decision processes. Global health movements and advocacy groups dedicated to specific diseases (for instance HIV/AIDS, tuberculosis and malaria) and health rights have been increasingly pivotal in ensuring that global health policies are rights-based. This article interrogates the role that nongovernmental organizations (NGOs) have played in shaping global health law. Looking at how the historical and traditional roles of NGOs have evolved over time, this article analyzes the contribution that NGOs have made in advancing and defining a rights-based approach to health.
Constitutional hardball consists of practices that are consistent with the formal requirements of constitutional democracy but that destabilize and potentially transform it. This Chapter examines why political actors engage in hardball, focusing first on their short-term political motivations and then turning to the function of constitutional hardball within reasonably well-functioning constitutional democracies. The Chapter ends with a discussion of what might be done to convert constitutional hardball into ordinary political maneuvering, conclude that such efforts are unlikely to succeed and might be inappropriate (though not illiberal) efforts to halt more or less ordinary transformations in political practices.
This chapter recounts some of the most important work that has been achieved or is ongoing: at global level (in the United Nations system); at regional level (especially in the African, American, and European human rights systems); by the International Committee of the Cross; and especially by pioneering civil society organizations (local and international human rights bodies). Thus, for instance, the seminal role of Amnesty International in promoting the adoption and implementation of a global treaty on the prohibition of torture—and drawing attention to the problem of torture more broadly—cannot be overstated.
This chapter examines Marx’s important but understudied text Critique of Hegel’s Philosophy of Right. It is shown that Marx, beginning from an enthusiasm he shares with Hegel for developing an organic theory of the state, shows Hegel’s execution of his project to be deeply flawed. Hegel’s defence of constitutional monarchy has the strange result of producing, when properly thought through, a defence of radical popular power. His attempt to use the ‘estates’ as an element in the state performing multiple many-way mediations further serves to reveal that something is amiss in the role that Hegel’s logic is being called upon to play.
This chapter considers access to courts for victims of grand corruption, especially in Latin America. It explains the origins and meaning of victim compensation in the UNCAC, how “victim” is defined in human rights law, and uses the Honduran Gualcarque River case to introduce how courts are beginning to apply concepts from human rights law to cases involving victims of grand corruption. It divides these cases into “direct harm” suffered by individual or group victims, and cases involving broad or diffuse harm where victims as a class are represented by civil society organizations. It looks briefly at which civil society organizations should be able to represent victims in proceedings.
This paper seeks to explain the process of collaboration among civil society organizations towards preserving the voices of the “comfort women” and registering related documents with UNESCO. The 14 civil society organizations from 8 countries, mostly those that suffered Japanese invasion and occupation, but also including one from Japan itself, have worked together to compile a dossier of “comfort women” documents for the submission of a joint nomination proposal to UNESCO. However, this project was threatened first by the political deal between South Korea and Japan in December 2015, and later by attempts to use money and state power to subvert UNESCO’s Memory of the World program (MoW). The resulting temporary freeze on the MoW program, talk of changes to its statutes and regulations, and UNESCO’s continued delay in implementing its own decisions raise serious doubts concerning the legitimacy and meaning of the program. A more fundamental question concerns whether and how the voices of victims of violation or discrimination, in this case of the “comfort women”, will be heard, preserved and transmitted to future generations to prevent the recurrence of such atrocities. If the efforts of the recent civil society movement end in failure, what alternative strategies are open to us?
The world faces a perfect storm of existential risk, with a deadly new pandemic, an escalating climate crisis, and the constant threat posed by nuclear weapons. The essential facts and dangers for all of these are long- known, but they have been downplayed or neglected until presenting an immediate threat – by which time it may be too late. We need to have a clear understanding of these risks, but also need to understand the deeper reasons why they have not been properly addressed. To a large extent these lie in the dogmas of military and political elites and in an optimistic preference for short-term results. Civil society and the world community of nations should come together to work for real change, as has already been achieved with the 2020 Treaty for the Prohibition of Nuclear Weapons. They should seek to safeguard the welfare of future generations, giving priority to that interest. The alternative is the growing risk of multiple disasters that could prove terminal.
This article makes use of network analysis to examine the establishment of the War Convicted Benefit Society (Sensō jukei-sha sewa-kai), an influential advocacy group in the popular movement that pushed for amnesty for Japanese war criminals from 1952 to 1958. By graphing the networks created by members of the Society, I demonstrate that early Occupation policies, precisely those that convicted and purged these old elites and resulted in the detention of many of them in Sugamo prison, actually created a new network of conservative power figures by linking the otherwise unconnected old mid-rank military network and the old colonial/political elite network to rally around their common experience of being “prosecuted.”
Recent moves by the Abe administration to change the Japanese constitution may result in the most fundamental change to Japanese political life since the 1940s. Although there has been widespread debate on the possible revision of Article 9 – the constitution's Peace Clause – other profound implications of the push for constitutional change have received scant attention. This special issue edited by Tessa Morris-Suzuki and Shinnosuke Takahashi aims to take a broad view of constitutional debates in Japan today by posing two key questions: “What is the purpose of the constitution?” and “What does the constitution mean for a culturally plural and diverse society?”
While calls for constitutional amendment have frequently recurred since the end of the Allied Occupation of Japan in 1952, the current Abe government's proposals for constitutional change involve something fundamentally new. Rather than calling for amendment of specific clauses, most notably Article 9, the Abe government's approach is an attack on the very core of constitutionalism. Central to this attack is a process of undermining of individualism in favour of efforts to enforce morality, tradition, culture and military expansion: a process which is deeply connected to Abe's historical revisionism. This article explores how Abe's approach undermines constitutionalism itself, and assesses the political and social implications of this assault on Japan's constitution.
In May 2015, a draft of China's newOverseas NGO Management Law was leaked to the media. International journalists and NGOs declared that this law was evidence of the Xi Jinping regime's political repression and a “crackdown” on civil society. In this paper, we argue that the goal of the Chinese government is not to destroy the NGO sector and civil society, but instead a tactical move in a long term strategy so that the state can gain as much benefit (and minimize as much risk) from the NGO sector as possible. Moreover, the Chinese NGO sector is not a passive victim of oppression, but a dynamic actor that pushes back to serve its own interests. The second half of this paper examines the experiences of overseas NGOs in Yunnan, which have been operating under similar regulations since 2010. In Yunnan, similar policies did not result in the elimination or even diminishment of overseas NGOs. Instead, foreign NGOs were constrained in some aspects even as they benefited in other ways.
The issue of forced labor during the Asia-Pacific War (1931-1945) remains a stone of contention in Japanese-Korean relations. While the governments of the two countries seem to put the issue aside in order to improve economic and military ties, civil society in both countries remains suspicious. The Asia Pacific Journal: Japan Focus here introduces the positions of representatives of two civil society organizations from South Korea and Japan, respectively, explaining why the government approach to address historical injustices remains unsatisfactory.
Raising awareness about the extent of sexual violence in Japan and the damage inflicted on individuals is essential to change the status quo. This article draws on quantitative and qualitative data to reveal the reality of sexual violence and victimization, which has been poorly understood and largely ignored in Japanese society. The quantitative data is drawn from a landmark 2022 survey of sexual victims conducted by NHK that collected over 38,000 responses. Raising awareness about the harm caused by sexual violence is necessary, but not enough. It is a scourge that is symptomatic of Japan's patriarchal social system where attitudes, norms, values, and practices render many people marginal and vulnerable to abuse. This includes the social norms of “masculinity” and “femininity,” the education system, the labor market structure, and a tax and social security system based on a division of labor that reinforces a strict division of gender roles. Due to the harmful consequences of widespread sexual violence on people and the economy, it is incumbent on the government to offer more support for relevant services, especially civil society organizations that have been playing a key role in helping victims. In this pivotal transition from ignoring to addressing sexual violence, it is also essential to engage the police and judicial officials in ways that enhance sensitivity towards victims, and to take actions that increase accountability.
Joining the line of free trade agreements involving civil society in climate change-related commitments, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) installs a public submissions and referral procedure (SRP) under its environmental chapter. China’s application to join the CPTPP and the peripheral role of civil society in its climate decision-making furnish a curious opportunity to contemplate dynamics between the SRP and domestic regimes with historically limited civil society involvement.
The article cites China as an illustrative case to show how a state-centric approach to climate change, lacking civil society engagement, may render mitigation efforts unreliable, unsustainable, and inequitable. It argues that the submissions and referrals procedure (SRP)’s unique procedural features offer potential as a testing ground for building up previously constrained civil society involvement in climate decision-making. It also exposes the design flaws in the SRP that require reform to uphold its identified experimental value, regarding which several proposals are put forward.
Chapter 4 examines the body of Whig propaganda in which the government was congratulated for having succeeded in establishing a free civil society within a free state. A large number of Anglican writers joined the spokesmen for the government in arguing that Britain had by now established a constitution that made her the envy of Europe. Everyone was now equally subject to the law; the law alone ruled, with no incursions of arbitrary power; and the law was at last being expertly administered, without any corruption or incompetence. As a result, the life, liberty and property of every subject was now fully secure, including the property that (as Locke had said) everyone may be said to possess in their own person. No one is any longer condemned to live in a state of subjection to the mere will and power of anyone else. The consequence is said to be a civil society in which everyone can hope to find their own pathway to prosperity and happiness. The chapter concludes with an examination of Whig celebrations of urban life as the best setting in which to lead a flourishing and happy life.