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Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.
This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.

N.B.: The hardback copy of this title contains a CD-ROM with the decisions that are reproduced in the book and the trial transcripts.
The e-book version does not.
Author: Rasel Madaha

Abstract

Although Tanzania has ratified several international laws on corruption, the domestic enforcement of such laws remains problematic. Some social structures that sustain corruption in the country continue to exist. The article is informed by the theory of constructivism of international law. Some insights from cultural relativity theory, clashing moral values theory of corruption, Critical Theorist paradigm, and anti-colonial discursive framework have also been useful in informing the article. Using ethnographic longitudinal case study methodology, this article explores local subjectivities that interfere with the domestic enforcement of International laws on corruption in selected regions of Tanzania. The study has also attempted to answer the following question: can international law on corruption influence the local context and actors in an attempt to eliminate corruption in Tanzania? The key finding is that the presence of systemic corruption and local subjectivity hinders the fight against corruption. In turn, the situation hinders the domestic enforcement of international law. The study also highlights that the fifth phase government adopted an anti-corrupt cultural approach to address corruption in Tanzania. The cultural approach enabled Tanzania to attain significant achievements in the fight against corruption. In this regard, the study recommends a cultural approach to the elimination of corruption. The focus should be on creating an anti-corruption culture through good governance and democratization. The paper adds to the scholarship on cultural studies, development studies, human rights, African studies, governance, international law, and international relations.

In: The African Review
Author: Jun Li

Abstract

Based on broad observations of the development of Confucius Institutes and Classrooms in Africa over a decade, this article focuses on educational partnerships between Chinese and African educational institutions and their implications for international development, as they relate to international development in the era of post-Covid-19. The author identifies the Confucian Zhong-Yong approach to educational partnerships through Confucius Institutes and Classrooms in Africa, a pragmatic model for educational development centered on Confucianism. Three core characteristics of Confucian educational partnerships – demand-driven, ethics-based and pragmatic – are seen as the key to the success of such partnerships. Reflecting on Ubuntu from a Confucian perspective, the author concludes that China’s humanistic Zhong-Yong approach to partnerships has a unique potential to re-envision education for international development in ways that may be of interest to such international developmental agencies as the Asian Infrastructure Investment Bank, the World Bank, and the United Nations.

In: Bandung
In: Bandung

Abstract

This Policy Insight article argues that a growing security partnership between Russia, Iran, China, Turkey, Iraq, and Syria (rictis) will push the Middle East into an era of bipolarity. The paper demonstrates that rictis has significant convergence on regional security issues, and that these interests are distinct from those held by the American Security Camp, a collection of states that include the United States, Saudi Arabia, Israel, and the United Arab Emirates. The paper also argues that rictis has military and energy advantages that allow it to confront the American Camp’s regional dominance. Our analysis demonstrates how rictis might help deter unilateralism and democratize regional decision-making.

In: Bandung

Abstract

The Pa-O National Organisation (pno) was the only pro-regime ethnic political party that managed to retain all its seats in the 2015 Myanmar election. Amid accusations of rampant land grabbing and faced strong competitions from political parties at the national, regional and local levels, how did the pno manage to secure the seats? Through quantitative analysis, the paper noted a statistically significant volatility in the turnover of village tract leaders (vtl s) in the township where resistance was strongest. This in turn suggested that the pno relied on the vtl s to enforce social control. There is a clear gap in existing literature on how social control is constructed at the local level. Applying the state-in-society theoretical framework by Migdal, this paper aims to identify the ‘implementer’ in the crucial process of social control in the Pa-O saz, thereby helping to shed light on how local politics work.

In: Bandung

Abstract

Community management of inland openwater fisheries in Bangladesh has introduced and practiced through the Community Based Fisheries Management (cbfm) approach with partnership arrangement of government and non-government organisations, fisher communities and other stakeholders. One of the principles behind community based fisheries management is to improve fishers’ income and reduce transaction costs efficiently. The implementation of the cbfm approach has experienced a significant contribution towards fishers’ income and transaction costs. cbfm arrangement introduced fisher led, community led and women led approach. Community based organisations (cbo s) as local institutions have been established through community participation under cbfm approach.

This paper presents and assesses the impact of cbfm approaches on fishers’ income and transaction costs in inland openwater fisheries in Bangladesh. This study might have policy implication to scale up cbfm approach to promote fishers’ income for better management of inland open water fisheries with a long term commitment.

In: Bandung
Author: Binendri Perera

Abstract

The 1978 Constitution of Sri Lanka established a semi-presidential system within the country with constitutional provisions for a powerful executive presidency. Three decades later, practices of the presidents in the post-war period show commonalities with the Sinhala monarchy that prevailed in early colonial Sri Lanka. To substantiate this argument, this paper focuses on four kings from the Sithavaka and Kandyan kingdoms who reigned in Sri Lanka during the Portuguese colonization and the early years of Dutch colonization, i.e. from 1521 to 1687. These kings governed by feeding off perpetual conflict, using such as a political tool to retain their dictatorial authority and political relevance. Despite being formally constrained by the 1978 Constitution, presidents in the post-war period engage in a similar form of governance. However, this local conceptualization of the executive as a monarch clashes with the substantive democratic rationality of the office of president, which requires constitutional and political checks that apply beyond elections. Due to this clash between governance by perpetual conflict, which gains legitimacy from and has been instituted since Sri Lanka’s early colonial past, and democratic governance, the establishment of democratic constitutional norms within the country has been unstable.

In: Bandung
Author: Nivedita Ray

Abstract

In the area of international relations, people to people connection is an important form of interactions, which is essential for building a meaningful and long-term partnership between nations. It includes a wide gamut of exchanges and relations in areas such as culture, arts, history, education, media, diaspora, and tourism. With regard to India’s relations with countries of East African Community (EAC) and Southern African Development Cooperation (SADC), it is observed that though the relations between business and governments of both sides have deepened and diversified there is still so much lack of awareness about each other. In this context, the paper focuses on the significance of education collaboration, media interactions and diaspora linkages in strengthening people to people relations between both sides. It examines the imperatives for building these connections, the initiatives that have been taken so far and the ways how these connections can be further enhanced.

In: The African Review

Abstract

This paper exposes a ritual practice that can create a potential cultural collaboration between Tanzania and India. In support of enculturation theory, the author argues that if Tanzanian and Indian governments promote ngoma musical arts in Tanzania and goma musical arts in Gujarat, India, cultural collaboration in music could be enhanced between the two countries. This paper briefly presents pertinent historical and cultural background of the two countries, and discusses empirical research that provides evidence of the close linkage between ngoma musical arts in Tanzania and goma musical arts in Gujarat, India. This paper is intended as foundational not only for artistic and intellectual exchange and collaboration between two regions, but also as a means of considering ways to foster social and economic development between artists and scholars of Tanzania and India.

In: The African Review