Chenoweth and Stephan (2011) found that nonviolent resistance movements since 1900 have twice the success rate of violent movements in achieving their objectives. Schock and Chenoweth (2012) furthermore show that nonviolent resistance movements with a violent radical flank have a lower success rate than nonviolent movements without a violent radical flank. This contradicts the analysis of the African National Congress of how Apartheid was defeated. The ANC believes both armed struggle and nonviolent resistance were effective and complementary. After listening to voices from the South African resistance, a tweak of Schock and Chenoweth is advanced. Nonviolent resistance should not cultivate the creation of violent radical flanks; if violent radical flanks exist, however, nonviolent leaders should be reluctant to cast them out of resistance coalitions. Indeed, like Nelson Mandela in the 1980s, nonviolent oppositions may do best to resist tyranny with willingness to invoke the spectre of violent spoilers.
{"title":"Rethinking Radical Flank Theory: South Africa","authors":"J. Braithwaite","doi":"10.2139/SSRN.2377443","DOIUrl":"https://doi.org/10.2139/SSRN.2377443","url":null,"abstract":"Chenoweth and Stephan (2011) found that nonviolent resistance movements since 1900 have twice the success rate of violent movements in achieving their objectives. Schock and Chenoweth (2012) furthermore show that nonviolent resistance movements with a violent radical flank have a lower success rate than nonviolent movements without a violent radical flank. This contradicts the analysis of the African National Congress of how Apartheid was defeated. The ANC believes both armed struggle and nonviolent resistance were effective and complementary. After listening to voices from the South African resistance, a tweak of Schock and Chenoweth is advanced. Nonviolent resistance should not cultivate the creation of violent radical flanks; if violent radical flanks exist, however, nonviolent leaders should be reluctant to cast them out of resistance coalitions. Indeed, like Nelson Mandela in the 1980s, nonviolent oppositions may do best to resist tyranny with willingness to invoke the spectre of violent spoilers.","PeriodicalId":103919,"journal":{"name":"School of Regulation & Global Governance (RegNet) Research Paper Series","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115848421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In March 2014 the government of the Philippines signed a Comprehensive Agreement on the Bangsamoro for a final peace settlement in the armed conflict in the southern province of Mindanao. The Agreement will be given legal form in the Bangsamoro Basic Law, currently before the Philippine Congress and anticipated to be enacted in early 2015. A foundational assumption of the transitional process and the Basic Law is that the Autonomous Region of Muslim Mindanao (ARMM) will, through a referendum process, become a politically and legally self-governing sub-region of the Philippines: the Bangsamoro. How justice currently functions within the legally pluralist ARMM matters because long-held perceptions of injustice by citizens in ARMM are one of the key drivers of the current sub-national conflict in the Philippines. Existing studies and the preliminary empirical work on which this paper is based suggest that there is a direct link between failures of justice provision and violence in ARMM; that the most vulnerable citizens in ARMM currently have little or no recourse to legal protection and remedies; and that lack of attention to the legal architecture in the Bangsamoro could contribute to its ongoing political fragility. This paper summarizes the available data on legal pluralism in Mindanao and frames some of the unresolved questions for justice system design in the Bangsamoro transition.
{"title":"Towards Peace: Rethinking Justice and Legal Pluralism in the Bangsamoro","authors":"Imelda B. Deinla, V. Taylor","doi":"10.2139/ssrn.2553541","DOIUrl":"https://doi.org/10.2139/ssrn.2553541","url":null,"abstract":"In March 2014 the government of the Philippines signed a Comprehensive Agreement on the Bangsamoro for a final peace settlement in the armed conflict in the southern province of Mindanao. The Agreement will be given legal form in the Bangsamoro Basic Law, currently before the Philippine Congress and anticipated to be enacted in early 2015. A foundational assumption of the transitional process and the Basic Law is that the Autonomous Region of Muslim Mindanao (ARMM) will, through a referendum process, become a politically and legally self-governing sub-region of the Philippines: the Bangsamoro. How justice currently functions within the legally pluralist ARMM matters because long-held perceptions of injustice by citizens in ARMM are one of the key drivers of the current sub-national conflict in the Philippines. Existing studies and the preliminary empirical work on which this paper is based suggest that there is a direct link between failures of justice provision and violence in ARMM; that the most vulnerable citizens in ARMM currently have little or no recourse to legal protection and remedies; and that lack of attention to the legal architecture in the Bangsamoro could contribute to its ongoing political fragility. This paper summarizes the available data on legal pluralism in Mindanao and frames some of the unresolved questions for justice system design in the Bangsamoro transition.","PeriodicalId":103919,"journal":{"name":"School of Regulation & Global Governance (RegNet) Research Paper Series","volume":"330 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123251358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Demand reduction has now been recognised as crucial to prevention of wildlife crime, but ideas for effectively decreasing demand are still in short supply. Two demand reduction strategies currently predominate, consumer education campaigns and legal prohibitions on consumption. But further strategies need to be found urgently, as Earth is losing wildlife at frightening rates. This paper argues for greater regulatory pluralism and a more systematic approach to addressing demand. The complex and multi-layered concept of demand is unpacked and current demand reduction activities by states and non-state actors are discussed. The paper identifies third parties (non-state non-offending actors) in prime positions to intervene to reduce demand and sets out diverse ways in which their capacities could be harnessed as part of a whole-of-society demand reduction response.
{"title":"A Regulatory Approach to Demand Reduction in the Illegal Wildlife Market","authors":"Julie Ayling","doi":"10.2139/ssrn.2634303","DOIUrl":"https://doi.org/10.2139/ssrn.2634303","url":null,"abstract":"Demand reduction has now been recognised as crucial to prevention of wildlife crime, but ideas for effectively decreasing demand are still in short supply. Two demand reduction strategies currently predominate, consumer education campaigns and legal prohibitions on consumption. But further strategies need to be found urgently, as Earth is losing wildlife at frightening rates. This paper argues for greater regulatory pluralism and a more systematic approach to addressing demand. The complex and multi-layered concept of demand is unpacked and current demand reduction activities by states and non-state actors are discussed. The paper identifies third parties (non-state non-offending actors) in prime positions to intervene to reduce demand and sets out diverse ways in which their capacities could be harnessed as part of a whole-of-society demand reduction response.","PeriodicalId":103919,"journal":{"name":"School of Regulation & Global Governance (RegNet) Research Paper Series","volume":"30 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131434210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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