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Turning Aliens into Citizens
(2011)
Inhalt: Empirical results of the survey ; A cumulative index of citizenship ; Jammu and Kashmir: Contesting “Indian” citizenship ; Conclusion
Translating innovation
(2017)
This doctoral thesis studies the process of innovation adoption in public administrations, addressing the research question of how an innovation is translated to a local context. The study empirically explores Design Thinking as a new problem-solving approach introduced by a federal government organisation in Singapore. With a focus on user-centeredness, collaboration and iteration Design Thinking seems to offer a new way to engage recipients and other stakeholders of public services as well as to re-think the policy design process from a user’s point of view. Pioneered in the private sector, early adopters of the methodology include civil services in Australia, Denmark, the United Kingdom, the United States as well as Singapore. Hitherto, there is not much evidence on how and for which purposes Design Thinking is used in the public sector.
For the purpose of this study, innovation adoption is framed in an institutionalist perspective addressing how concepts are translated to local contexts. The study rejects simplistic views of the innovation adoption process, in which an idea diffuses to another setting without adaptation. The translation perspective is fruitful because it captures the multidimensionality and ‘messiness’ of innovation adoption. More specifically, the overall research question addressed in this study is: How has Design Thinking been translated to the local context of the public sector organisation under investigation? And from a theoretical point of view: What can we learn from translation theory about innovation adoption processes?
Moreover, there are only few empirical studies of organisations adopting Design Thinking and most of them focus on private organisations. We know very little about how Design Thinking is embedded in public sector organisations. This study therefore provides further empirical evidence of how Design Thinking is used in a public sector organisation, especially with regards to its application to policy work which has so far been under-researched.
An exploratory single case study approach was chosen to provide an in-depth analysis of the innovation adoption process. Based on a purposive, theory-driven sampling approach, a Singaporean Ministry was selected because it represented an organisational setting in which Design Thinking had been embedded for several years, making it a relevant case with regard to the research question. Following a qualitative research design, 28 semi-structured interviews (45-100 minutes) with employees and managers were conducted. The interview data was triangulated with observations and documents, collected during a field research research stay in Singapore.
The empirical study of innovation adoption in a single organisation focused on the intra-organisational perspective, with the aim to capture the variations of translation that occur during the adoption process. In so doing, this study opened the black box often assumed in implementation studies. Second, this research advances translation studies not only by showing variance, but also by deriving explanatory factors. The main differences in the translation of Design Thinking occurred between service delivery and policy divisions, as well as between the first adopter and the rest of the organisation. For the intra-organisational translation of Design Thinking in the Singaporean Ministry the following five factors played a role: task type, mode of adoption, type of expertise, sequence of adoption, and the adoption of similar practices.
This paper aims to contribute a different approach to transitional justice, one in which political decisions are rocketed to the forefront of the research. Theory asserts that, after a transition to democracy, it is the constituency who defines the direction a country will take. Therefore, pleasing them should be at the fore of the responses taken by those in power. However, reality distances itself from theory. History provides us with many examples of the contrary, which indicates that the politicization of transitional justice is an ever-present event. The first section will outline current definitions and obstacles faced by transitional justice, focusing on the implicit ties between them and the aforementioned politicization. An original categorization of Transitional Justice as a method of analysis will also be introduced, which I denominate Political Opportunism. The case of Argentina, a country that is usually described as a model to export but that after 35 years is still dealing with the consequences brought by the contradictions of using several methods of justice, will then be reinterpreted through this perspective. At the end of the paper, the inevitable question will be posed: can this new angle be exported and implemented in every transition?
At different times and places, civic engagement in nonviolent resistance (NVR) has repeatedly shown to be an effective tool in times of conflict to initiate societal change from below. History teaches us that there have been successes (Mahatma Gandhi in India) and failures (the Tiananmen Square protests in China).
Along with the recognition of the duality between transformative potential and stark consequences, the historical development of NVR was accompanied by the emergence of scholarly debate, fractured along disputes around purpose, character and effectivity of nonviolent actions taken by civil society stakeholders engaged in making their voices heard. One of the field’s current points of interest is the examination of the long-term effects of NVR movements resulting in societal transformation on the stability and adequacy of a subsequently altered or emerging democracy, suggesting that NVR contributes positively to the sustainable and representative design of an egalitarian governing system.
The conclusion of the Nepalese civil war in 2006 should pose as an unambiguous example for the illustration of this phenomenon, but simultaneously raises the question why there was no successful implementation of a transitional process focusing on the needs of the victims.
Transitional Justice
(2022)
This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems.
Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice.
While the concept of transitional justice and its range of measures have gained importance on an international level to come to terms with major crimes of the past, colonial crimes and mass violence committed by Western actors have not been addressed by transitional justice so far. In this chapter, the Herero’s and Nama’s struggle for justice for the genocide on their ancestors by Germany from 1904 – 1908 and the arising challenges are set in relation to conceptual debates in the field of transitional justice. Building on current debates in the field, suggesting more structural and transformative conceptualizations of transitional justice and an approach ‘from below’, it is argued that decolonial activism of formerly colonized communities and transitional justice debates can inform each other in a dialogic and fruitful form to formulate suggestions for a process towards post-colonial justice.
This chapter takes the ongoing conflict in South Sudan as a starting point for assessing the concept of transitional justice as such and its implementation in the country in particular. Following a brief description of the conflict and the peace processes, the author sheds light on the shortcomings of the established concept of transitional justice in the situation at hand. Then, the author outlines the alternate concept of transformational justice und takes a closer look at its implications on the situation in South Sudan. The author highlights existing initiatives of transformative justice and is very much in favour of their victim-centered approach.
International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women’s rights, the prohibition of the use of force, the non-proliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.
Since 2013, the Committee on Economic, Social and Cultural Rights can examine individual communications under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). This opens up the possibility to interpret Covenant provisions in a thorough manner. With regard to forced evictions and the right to housing under Article 11 ICESCR, one can discern a fast-developing approach concerning the proportionality analysis of evictions, entailing the establishment of specific criteria that may guide such analysis. This paper seeks to delineate these developments and will also shed light on possible general trends on the topic of limitations within the Committee’s emerging jurisprudence. In doing so, the paper will address if, and how, the developing proportionality analysis under the individual complaints procedure takes into consideration multi-discriminatory dimensions of State measures and how it specifically relates to or incorporates other ICESCR-concepts, such as minimum core obligations or the reasonableness review under Article 8(4) OP ICESCR.
This cross-country comparison of administrative responses to the COVID-19 pandemic in France, Germany and Sweden is aimed at exploring how institutional contexts and administrative cultures have shaped strategies of problem-solving and governance modes during the pandemic, and to what extent the crisis has been used for opportunity management. The article shows that in France, the central government reacted determinedly and hierarchically, with tough containment measures. By contrast, the response in Germany was characterized by an initial bottom-up approach that gave way to remarkable federal unity in the further course of the crisis, followed again by a return to regional variance and local discretion. In Sweden, there was a continuation of 'normal governance' and a strategy of relying on voluntary compliance largely based on recommendations and less - as in Germany and France - on a strategy of imposing legally binding regulations. The comparative analysis also reveals that relevant stakeholders in all three countries have used the crisis as an opportunity for changes in the institutional settings and administrative procedures.
Points for practitioners
COVID-19 has shown that national political and administrative standard operating procedures in preparation for crises are, at best, partially helpful. Notwithstanding the fact that dealing with the unpredictable is a necessary part of crisis management, a need to further improve the institutional preparedness for pandemic crises in all three countries examined here has also become clear. This should be done particularly by way of shifting resources to the health and care sectors, strengthening the decentralized management of health emergencies, stocking and/or self-producing protection material, assessing the effects of crisis measures, and opening the scientific discourse to broader arenas of experts.
In recent years the framings of global health security have shifted while the structures governing global health have largely remained the same. One feature of the emerging re-ordering is the unresolved allocation of accountability between state and non-state actors. This brings to critical challenges to global health security to the fore. The first is that the consensus on the seeming shift from state to human security framing with regard to the global human right to health (security) risks losing its salience. Second, this conceptual challenge is mirrored on the operational level: if states and non-state actors do not assume responsibility for health security, who or what can guarantee health security? In order to address global health security against the backdrop of these twenty-first Century challenges, this article proceeds in three parts. First, it analyses the shortcomings of the current state-based World Health Organization (WHO) definition of health security. Second, taking into account the rising pressures posed to global health security and the inadequacy both of state-based and of ad hoc non-state responses, it proposes a new framing. Third, the article offers initial insights into the operational application of beyond state responses to (health) security challenges.
To ensure political survival, autocrats must prevent popular rebellion, and political repression is a means to that end. However, autocrats face threats from both the inside and the outside of the center of power. They must avoid popular rebellion and at the same time share power with strategic actors who enjoy incentive to challenge established power-sharing arrangements whenever repression is ordered. Can autocrats turn repression in a way that allows trading one threat off against the other? This chapter first argues that prior research offers scant insight on that question because it relies on umbrella concepts and questionable measurements of repression. Next, the chapter disaggregates repression into restrictions and violence and reflects on their drawbacks. Citizens adapt to the restriction of political civil liberties, and violence backfires against its originators. Hence, restrictions require enforcement, and violence requires moderation. When interpreted as complements, it becomes clear that restrictions and violence have the potential to compensate for their respective weaknesses. The complementarity between violence and restrictions turns political repression into a valuable addition to the authoritarian toolkit. The chapter concludes with an application of these ideas to the twin problems of authoritarian control and power-sharing.
Taking its departure from the debate on the Iraq war, the article examines three so-called „doctrines“ on European foreign policy. According to the first one, there is no such thing as an EU foreign policy. This may come as a surprise for policy-makers but is a common view among media commentators, analysts and some diplomats. The second doctrine holds that the EU’s foreign policy has been, is, and always will be a failure. Reasons for this gloomy view show considerable variations and are most likely unsustainable in the long run. The third approach is more optimistic, counting on the EU’s material volume, yet often ignoring the need to politically cash in if international clout is the quest.
A new challenger seeks to enter the German party system: Bündnis Sahra Wagenknecht (BSW). With her new party, former Die Linke politician Sahra Wagenknecht combines a left-authoritarian profile (economically left-leaning, but culturally conservative) with anti-US, pro-Russia and anti-elitist stances. This article provides the first large-n academic study of the voter potential of this new party by using a quasi-representative sample (n = 6,000) drawn from a Voting Advice Application-like dataset that comes from a website designed to explore the Bündnis Sahra Wagenknecht’s positions. The results show that congruence with foreign policy positions and anti-elitism are strong predictors of the propensity to vote for the Bündnis Sahra Wagenknecht. In contrast, social/welfare and immigration policies are less predictive for assessing the party’s potential. Among the different socio-demographic groups, the Bündnis Sahra Wagenknecht has a strong potential among baby boomers, the less educated and East Germans. Regarding party voters, the Bündnis Sahra Wagenknecht is favoured by supporters of some minor parties like dieBasis, Freie Wähler and Die PARTEI, but also non-voters. Among the established parties, the party’s potential is high among Die Linke voters and, to a lesser extent, voters of the Social democrats (SPD) and Alternative for Germany (AfD). A potential below the average is reported for the supporters of the Liberals (FDP) and Christian Democrats (CDU/CSU) and most clearly for Green and Volt voters.
The United Nations Security Council (UNSC) is one of the most important multilateral institutions having the ambition to shape global governance and the only organ of the global community that can adopt legally binding resolutions for the maintenance of international peace and security and, if necessary, authorize the use of force. Created in the aftermath of World War II by its victors, the UNSC’s constellation looks increasingly anachronistic, however, in light of the changing global distribution of power. Adapting the institutional structure and decision-making procedures of the UNSC has proven to be one of the most difficult challenges of the last decades, while it is the institution that has probably been faced with the most vociferous calls for reform. Although there have been changes to the informal ways in which outside actors are drawn into the UNSC’s work and activities, many of the major players in the current international system seem to be deprived from equal treatment in its core patterns of decision-making. Countries such as Brazil, Germany, India and Japan, alongside emerging African nations such as Nigeria and South Africa, are among the states eager to secure permanent representation on the Council. By comparison, selected BRICS countries, China and Russia - in contrast to their role in other multilateral institutions - are permanent members of the UNSC and with this, have been “insiders” for a long time. This renders the situation of the UNSC different from global institutions, in which traditionally, Western powers have dominated the agenda.
The chapter explores how the Security Council has reacted to the changing global order in terms of institutional reform and its working methods. First, we look at how the Security Council’s setup looks increasingly anachronistic against the tremendous shifts in global power. Yet, established and rising powers are not disengaging. In contrast, they are turning to the Council to address growing challenges posed by the changing nature of armed conflict, the surge of terrorism and foreign fighters, nuclear proliferation and persistent intra-state conflicts. Then, we explore institutional and political hurdles for Council reform. While various reform models have been suggested, none of them gained the necessary global support. Instead, we demonstrate how the Council has increased the representation of emerging powers in informal ways. Potential candidates for permanent seats and their regional counterparts are committed as elected members, peacekeeping contributors or within the Peacebuilding Commission. Finally, we analyze how innovatively the Council has reacted to global security challenges. This includes working methods reform, expansion of sanctions regimes and involvement of non-state actors. We conclude that even though the Council’s membership has not yet been altered, it has reacted to the changing global order in ways previously unaccounted for.
“The UN Peacebuilding Commission – Lessons from Sierra Leone” by political scientist Andrea Iro is an assessment of the United Nations Peacebuilding Commission (PBC) and the United Nations Peacebuilding Fund (PBF) by analysing their performance over the last two years in Sierra Leone, one of the first PBC focus countries. The paper explores the key question of how the PBC/PBF’s mandate has been translated into operational practice in the field. It concludes that though the overall impact has been mainly positive and welcomed by the country, translating the general mandate into concrete activities remains a real challenge at the country level.
‘The Territorialities of U.S. Imperialisms’ sets into relation U.S. imperial and Indigenous conceptions of territoriality as articulated in U.S. legal texts and Indigenous life writing in the 19th century. It analyzes the ways in which U.S. legal texts as “legal fictions” narratively press to affirm the United States’ territorial sovereignty and coherence in spite of its reliance on a variety of imperial practices that flexibly disconnect and (re)connect U.S. sovereignty, jurisdiction and territory.
At the same time, the book acknowledges Indigenous life writing as legal texts in their own right and with full juridical force, which aim to highlight the heterogeneity of U.S. national territory both from their individual perspectives and in conversation with these legal fictions. Through this, the book’s analysis contributes to a more nuanced understanding of the coloniality of U.S. legal fictions, while highlighting territoriality as a key concept in the fashioning of the narrative of U.S. imperialism.