Pub Date : 2020-07-22DOI: 10.6092/ISSN.2531-6133/11393
A. Alves
The process of transforming human labour into machine work has long been on the agenda of the International Labour Organization. The difference is that today, industry 4.0, artificial intelligence and big data are undermining highly technical qualified work as well as “heavy labour”. Therefore, on the ILO's centenary, it becomes relevant to reflect on its roles in the face of the challenges posed by technological innovations. Of these, we highlight the need to reinvent education to increase employability and to create protection mechanisms for those in uninterrupted 24-hour online employment, because summarize the contradictions experienced in the current world of work facing new technologies. The ILO cannot be indifferent to this new focal point: the balance between technological innovations - which certainly bring us enormous benefits - with the new demands of training and legal protection of workers.
{"title":"Achieving the Right to Work in the Face of Technological Advances: Reflections on the Occasion of the ILO's Centenary","authors":"A. Alves","doi":"10.6092/ISSN.2531-6133/11393","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/11393","url":null,"abstract":"The process of transforming human labour into machine work has long been on the agenda of the International Labour Organization. The difference is that today, industry 4.0, artificial intelligence and big data are undermining highly technical qualified work as well as “heavy labour”. Therefore, on the ILO's centenary, it becomes relevant to reflect on its roles in the face of the challenges posed by technological innovations. Of these, we highlight the need to reinvent education to increase employability and to create protection mechanisms for those in uninterrupted 24-hour online employment, because summarize the contradictions experienced in the current world of work facing new technologies. The ILO cannot be indifferent to this new focal point: the balance between technological innovations - which certainly bring us enormous benefits - with the new demands of training and legal protection of workers.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"226-233"},"PeriodicalIF":0.3,"publicationDate":"2020-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44732584","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}
Pub Date : 2020-05-25DOI: 10.6092/ISSN.2531-6133/10881
Charles W. Murdock
This article first analyzes Ricardo’s theorem, not just his argument in favor of comparative advantage, but also the conditions that are necessary for the theory to work, namely, that capital is loyal to the country of origin and that currencies will adjust to level out imbalances in trade. It then traces the flow of foreign direct investment into China and the basis for that flow – cheap labor. It then analyzes China’s manipulation of the yuan and the changes in the relative valuation of currencies. The next section of the article addresses China’s entry into the World Trade Organization and its failure to live up to its agreement to move to a market-based economy. China’s reliance on state owned enterprises, its subsidization of export and high-tech industries, and its direct and indirect coercion of technological transfer and know-how from the U. S. and other countries – all stand in opposition to the principles to which other countries have agreed in connection with their participation in the World Trade Organization. A critical factor that is not been understood in connection with global trade is that the transfer of dual-use technology to China also carries with it national security implications. The next sections look at forced technology transfer and China’s military goals, including its policy to be both industrially and militarily self-sufficient, something United States needs to be likewise. This leads to a discussion of industrial policy. China has clearly articulated its industrial policy and the steps that it will take to implement it. The United States cannot afford, either from the standpoint of providing good paying jobs for its citizens, or from the standpoint of being a leader in research and development, or from the standpoint of national security, to be dependent upon products originating from, or supply chains running through, other countries – particularly when such countries are hostile to the United States. The conclusion asserts that Sen. Rubio’s “Made in China 2025 and the Future of American Industry” may be the opening of a critically necessary dialogue on the need for, and nature of, an industrial policy for the United States. Just relying upon the mantra that free trade benefits all, and supporting such mantra on the basis that it is “proved” by Ricardo’s theorem of comparative advantage, is to put our head in the sand and ignore the evidence set forth in this article.
{"title":"Why Ricardo’s Theory of Comparative Advantage Regarding Foreign Trade Doesn’t Work in Today’s Global Economy","authors":"Charles W. Murdock","doi":"10.6092/ISSN.2531-6133/10881","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10881","url":null,"abstract":"This article first analyzes Ricardo’s theorem, not just his argument in favor of comparative advantage, but also the conditions that are necessary for the theory to work, namely, that capital is loyal to the country of origin and that currencies will adjust to level out imbalances in trade. It then traces the flow of foreign direct investment into China and the basis for that flow – cheap labor. It then analyzes China’s manipulation of the yuan and the changes in the relative valuation of currencies. The next section of the article addresses China’s entry into the World Trade Organization and its failure to live up to its agreement to move to a market-based economy. China’s reliance on state owned enterprises, its subsidization of export and high-tech industries, and its direct and indirect coercion of technological transfer and know-how from the U. S. and other countries – all stand in opposition to the principles to which other countries have agreed in connection with their participation in the World Trade Organization. A critical factor that is not been understood in connection with global trade is that the transfer of dual-use technology to China also carries with it national security implications. The next sections look at forced technology transfer and China’s military goals, including its policy to be both industrially and militarily self-sufficient, something United States needs to be likewise. This leads to a discussion of industrial policy. China has clearly articulated its industrial policy and the steps that it will take to implement it. The United States cannot afford, either from the standpoint of providing good paying jobs for its citizens, or from the standpoint of being a leader in research and development, or from the standpoint of national security, to be dependent upon products originating from, or supply chains running through, other countries – particularly when such countries are hostile to the United States. The conclusion asserts that Sen. Rubio’s “Made in China 2025 and the Future of American Industry” may be the opening of a critically necessary dialogue on the need for, and nature of, an industrial policy for the United States. Just relying upon the mantra that free trade benefits all, and supporting such mantra on the basis that it is “proved” by Ricardo’s theorem of comparative advantage, is to put our head in the sand and ignore the evidence set forth in this article.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"59-130"},"PeriodicalIF":0.3,"publicationDate":"2020-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46982008","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}
Pub Date : 2020-05-12DOI: 10.6092/ISSN.2531-6133/10967
Bahar Öcal Apaydin, Volkan Maviş
In many respects, Turkey is an exception among Muslim countries. Whilst being a secular democratic state, Turkey still struggles, however, with some remnants of its religious and socio-cultural heritage. The issue of forced marriage of children is one of those issues. Marriage is commonly defined as a union concluded by parties with their full and free consent. If consent is lacking, a forced marriage occurs. In the case of a forced marriage, consent is lacking because one of the prospective spouses does not give her/his consent freely, or sometimes because she/he is incapable of giving consent because of her/his age. As a founding member of the Council of Europe, Turkey not only ratified the European Convention on Human Rights (ECHR) in 1954 and Protocol Nr. 1, but it has also ratified many of the core international documents on human rights and the rights of children, such as the U.N. Convention on the Rights of the Child, the U.N. Convention on the Elimination of All Forms of Discrimination against Women. Nevertheless, the forced marriage of children is still a prevalent social problem in Turkey, and in the majority of cases, girls are the victims of such practices. This article examines the factors behind the forced marriage of children in Turkey, while exploring the current legal background and Turkey’s international legal commitments to fight against such practices. Finally, the article suggests the reinforcement of available legal remedies in order to prevent the forced marriage of children
{"title":"The Unacceptable Spectre of Under-Aged Forced Marriage in Turkey","authors":"Bahar Öcal Apaydin, Volkan Maviş","doi":"10.6092/ISSN.2531-6133/10967","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10967","url":null,"abstract":"In many respects, Turkey is an exception among Muslim countries. Whilst being a secular democratic state, Turkey still struggles, however, with some remnants of its religious and socio-cultural heritage. The issue of forced marriage of children is one of those issues. Marriage is commonly defined as a union concluded by parties with their full and free consent. If consent is lacking, a forced marriage occurs. In the case of a forced marriage, consent is lacking because one of the prospective spouses does not give her/his consent freely, or sometimes because she/he is incapable of giving consent because of her/his age. As a founding member of the Council of Europe, Turkey not only ratified the European Convention on Human Rights (ECHR) in 1954 and Protocol Nr. 1, but it has also ratified many of the core international documents on human rights and the rights of children, such as the U.N. Convention on the Rights of the Child, the U.N. Convention on the Elimination of All Forms of Discrimination against Women. Nevertheless, the forced marriage of children is still a prevalent social problem in Turkey, and in the majority of cases, girls are the victims of such practices. This article examines the factors behind the forced marriage of children in Turkey, while exploring the current legal background and Turkey’s international legal commitments to fight against such practices. Finally, the article suggests the reinforcement of available legal remedies in order to prevent the forced marriage of children","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"28-58"},"PeriodicalIF":0.3,"publicationDate":"2020-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44169388","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}
Pub Date : 2020-03-16DOI: 10.6092/ISSN.2531-6133/10654
C. Robison
In recent times, private industry has made great advancements in the commercialization of outer space. Such advancement represents a monumental shift from a period in which outer space activities were the business of national governments. However, the traditional interpretation of Article VI of the Outer Space Treaty still assigns responsibility for private space activities to States despite private industry’s increased ability to conduct outer space activities without government involvement or assistance. Ultimately, the blanket application of State responsibility associated with the traditional interpretation of Article VI may be unworkable or inequitable as private industry becomes a dominant force in outer space. Therefore, this Article evaluates the shortcomings of the traditional interpretation of Article VI and proposes a solution based on the customary law of State responsibility in order to ensure that both private and public actors in outer space are unhampered by an overly broad interpretation of Article VI.
{"title":"Changing Responsibility for a Changing Environment: Revaluating the Traditional Interpretation of Article VI of the Outer Space Treaty in Light of Private Industry","authors":"C. Robison","doi":"10.6092/ISSN.2531-6133/10654","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10654","url":null,"abstract":"In recent times, private industry has made great advancements in the commercialization of outer space. Such advancement represents a monumental shift from a period in which outer space activities were the business of national governments. However, the traditional interpretation of Article VI of the Outer Space Treaty still assigns responsibility for private space activities to States despite private industry’s increased ability to conduct outer space activities without government involvement or assistance. Ultimately, the blanket application of State responsibility associated with the traditional interpretation of Article VI may be unworkable or inequitable as private industry becomes a dominant force in outer space. Therefore, this Article evaluates the shortcomings of the traditional interpretation of Article VI and proposes a solution based on the customary law of State responsibility in order to ensure that both private and public actors in outer space are unhampered by an overly broad interpretation of Article VI.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"1-27"},"PeriodicalIF":0.3,"publicationDate":"2020-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42555113","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}
Pub Date : 2020-02-12DOI: 10.6092/ISSN.2531-6133/11161
Edward C. Lyons
This article constitutes a detailed response to John Finnis’ present-day critique and deconstruction of two famous tort cases decided in England in the first half of the nineteenth century: Ilott v. Wilkes (King’s Bench 1820) and its progeny Bird v. Holbrook (Court of Common Pleas 1828). Both cases involved trespassers who were seriously injured upon entering landowners’ property without permission. Their injuries were caused by means of ‘man-traps,’ i.e., shotguns set outdoors by a landowner and primed to fire upon contact with a tripwire. Finnis concedes that in laying man-traps, landowners may not have had a desire to harm (in fact they may have had a desire not to harm) but merely to deter. Nevertheless, according to Finnis, any landowner setting such devices, even if he posts clear warnings, ineluctably involves that owner in “conditionally, but really” intending to kill or seriously injure. The present article challenges this view. It argues, by applying Finnis’ own natural law theory of human action, intention, and choice, that his conclusion is undermined. While this topic may appear arcane to some, it focuses attention on important general questions in legal theory and philosophy about the meaning of intentions, choices, and side effects.
这篇文章构成了对John Finnis对19世纪上半叶英国两起著名侵权案件的批判和解构的详细回应:Ilott v. Wilkes(1820年国王法庭)及其衍生的Bird v. Holbrook(1828年普通上诉法院)。这两宗案件都涉及非法侵入者，他们在未经许可进入土地所有者的财产时受到严重伤害。他们的受伤是由“陷阱”造成的，即由土地所有者在户外放置的猎枪，一旦接触到绊网就会开火。芬尼斯承认，在设置陷阱时，土地所有者可能没有伤害的意图(事实上，他们可能有不伤害的意图)，而仅仅是为了威慑。然而，根据Finnis的说法，任何设置这种装置的土地所有者，即使他张贴了明确的警告，也不可避免地将其卷入“有条件的，但确实是”有意杀人或重伤的事件中。本文对这一观点提出了挑战。它认为，通过运用芬尼斯自己关于人类行为、意图和选择的自然法则理论，他的结论被削弱了。虽然这个话题对一些人来说可能显得晦涩难懂，但它将注意力集中在法律理论和哲学中关于意图、选择和副作用的意义的重要一般问题上。
{"title":"Of Peacocks, Tulips, and Shotguns: Intentions and Side Effects in John Finnis' Natural Law Theory","authors":"Edward C. Lyons","doi":"10.6092/ISSN.2531-6133/11161","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/11161","url":null,"abstract":"This article constitutes a detailed response to John Finnis’ present-day critique and deconstruction of two famous tort cases decided in England in the first half of the nineteenth century: Ilott v. Wilkes (King’s Bench 1820) and its progeny Bird v. Holbrook (Court of Common Pleas 1828). Both cases involved trespassers who were seriously injured upon entering landowners’ property without permission. Their injuries were caused by means of ‘man-traps,’ i.e., shotguns set outdoors by a landowner and primed to fire upon contact with a tripwire. Finnis concedes that in laying man-traps, landowners may not have had a desire to harm (in fact they may have had a desire not to harm) but merely to deter. Nevertheless, according to Finnis, any landowner setting such devices, even if he posts clear warnings, ineluctably involves that owner in “conditionally, but really” intending to kill or seriously injure. The present article challenges this view. It argues, by applying Finnis’ own natural law theory of human action, intention, and choice, that his conclusion is undermined. While this topic may appear arcane to some, it focuses attention on important general questions in legal theory and philosophy about the meaning of intentions, choices, and side effects.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"131-208"},"PeriodicalIF":0.3,"publicationDate":"2020-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46734780","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}
Pub Date : 2020-02-11DOI: 10.6092/ISSN.2531-6133/10490
Thom Brooks
{"title":"Brexit is a Crisis of Leadership, not Democracy","authors":"Thom Brooks","doi":"10.6092/ISSN.2531-6133/10490","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10490","url":null,"abstract":"","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"4 1","pages":"399-401"},"PeriodicalIF":0.3,"publicationDate":"2020-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46625593","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}
Pub Date : 2020-01-01DOI: 10.6092/ISSN.2531-6133/12441
Ali Alibeigi, A. Munir
Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN countries. However, the adequacy of this protection regime is questionable. This study is aimed at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the application perspective. The evaluation and analysis of the application and scope of the P.D.P.A. through comparative and descriptive approaches shows that the Act has provided for a narrow scope with wide exemptions. This approach may hinder a standard personal data protection legal system for the protection of individuals’ privacy. Moreover, the P.D.P.A. will fail the adequacy test of the developed nations such as the European Union Member States.
{"title":"Malaysian Personal Data Protection Act, a Mysterious Application","authors":"Ali Alibeigi, A. Munir","doi":"10.6092/ISSN.2531-6133/12441","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/12441","url":null,"abstract":"Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN countries. However, the adequacy of this protection regime is questionable. This study is aimed at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the application perspective. The evaluation and analysis of the application and scope of the P.D.P.A. through comparative and descriptive approaches shows that the Act has provided for a narrow scope with wide exemptions. This approach may hinder a standard personal data protection legal system for the protection of individuals’ privacy. Moreover, the P.D.P.A. will fail the adequacy test of the developed nations such as the European Union Member States.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"362-374"},"PeriodicalIF":0.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71265084","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}
Pub Date : 2020-01-01DOI: 10.6092/ISSN.2531-6133/12291
Nina M. Hart
The European Union is pursuing an ambitious trade agenda despite the increased controversy over the negotiating process and substance of trade agreements. This controversy raises questions about the legitimacy of trade agreements, as Cecilia Malmstrom, former European Commissioner for Trade, has acknowledged. This paper seeks to evaluate the legitimacy of the EU’s agreements, with a focus on the role of the European Parliament as a legitimating actor, given its position as the democratic representative of the public. It argues that the Treaties do not provide for sufficient legitimacy and then considers whether Parliament has been able to use its informal governance tools, particularly the non-binding resolution, to narrow the legitimacy deficit.
{"title":"A “Legal Eccentricity”: The European Parliament, its Non-binding Resolution, and the Legitimacy of the EU’s Trade Agreements","authors":"Nina M. Hart","doi":"10.6092/ISSN.2531-6133/12291","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/12291","url":null,"abstract":"The European Union is pursuing an ambitious trade agenda despite the increased controversy over the negotiating process and substance of trade agreements. This controversy raises questions about the legitimacy of trade agreements, as Cecilia Malmstrom, former European Commissioner for Trade, has acknowledged. This paper seeks to evaluate the legitimacy of the EU’s agreements, with a focus on the role of the European Parliament as a legitimating actor, given its position as the democratic representative of the public. It argues that the Treaties do not provide for sufficient legitimacy and then considers whether Parliament has been able to use its informal governance tools, particularly the non-binding resolution, to narrow the legitimacy deficit.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"5 1","pages":"327-361"},"PeriodicalIF":0.3,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71265066","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}
Pub Date : 2019-12-31DOI: 10.6092/ISSN.2531-6133/10426
V. Mitsilegas
Keynote speech for the Annual Colloquium of the University of Bologna Law Review, February 20th, 2019, Alma Mater Studiorum University of Bologna (Bologna, Italy).
{"title":"The Constitutional Dimension of European Criminal Law","authors":"V. Mitsilegas","doi":"10.6092/ISSN.2531-6133/10426","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10426","url":null,"abstract":"Keynote speech for the Annual Colloquium of the University of Bologna Law Review, February 20th, 2019, Alma Mater Studiorum University of Bologna (Bologna, Italy).","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"4 1","pages":"390-397"},"PeriodicalIF":0.3,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46229921","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}
Pub Date : 2019-12-31DOI: 10.6092/ISSN.2531-6133/10333
M. Mobasher
Afghan party laws have consistently discouraged ethnic parties and politics. Taking an implicit approach to party nationalization, the laws have set three qualification thresholds for parties: consisting of at least 10,000 members; having offices in at least 20 provinces; and having at least 35 founders, who represent a minimum of 20 provinces. Although these thresholds have not explicitly referred to the ethnic composition of political parties, they were indeed designed to encourage broad-based parties given the regional concentration of ethnic groups. Even so, these laws have failed to encourage cross-ethnic parties or coalitions. Afghan parties have remained fragmented, personalized, and ethnic-based. In fact, no cross-ethnic party has grown in Afghanistan. Although some cross-ethnic coalitions have emerged during elections, they have failed to institutionalize as stable and cohesive political forces. This paper shows that the failure of laws to encourage cross-ethnic parties and coalitions has been due to their command-and control nature (as compared to incentive-based) and the fact that the laws have failed to set a regulatory framework for the cross-ethnic coalitions that have emerged, particularly during the presidential elections.
{"title":"Party Laws and Party Nationalization: a Critique of Afghan Political Party Laws","authors":"M. Mobasher","doi":"10.6092/ISSN.2531-6133/10333","DOIUrl":"https://doi.org/10.6092/ISSN.2531-6133/10333","url":null,"abstract":"Afghan party laws have consistently discouraged ethnic parties and politics. Taking an implicit approach to party nationalization, the laws have set three qualification thresholds for parties: consisting of at least 10,000 members; having offices in at least 20 provinces; and having at least 35 founders, who represent a minimum of 20 provinces. Although these thresholds have not explicitly referred to the ethnic composition of political parties, they were indeed designed to encourage broad-based parties given the regional concentration of ethnic groups. Even so, these laws have failed to encourage cross-ethnic parties or coalitions. Afghan parties have remained fragmented, personalized, and ethnic-based. In fact, no cross-ethnic party has grown in Afghanistan. Although some cross-ethnic coalitions have emerged during elections, they have failed to institutionalize as stable and cohesive political forces. This paper shows that the failure of laws to encourage cross-ethnic parties and coalitions has been due to their command-and control nature (as compared to incentive-based) and the fact that the laws have failed to set a regulatory framework for the cross-ethnic coalitions that have emerged, particularly during the presidential elections.","PeriodicalId":36563,"journal":{"name":"University of Bologna Law Review","volume":"4 1","pages":"283-324"},"PeriodicalIF":0.3,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49228919","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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