Uma justificação coerentista dos direitos humanos em Rawls

The aim of this paper is to identify how the ethical-political foundation of human rights in John Rawls’s theory of justice makes use of a coherentist model of moral justification in which cognitivism, liberalism, pluralism, non-foundationalism, and mitigated intuititionism stand out, leading to a pragmatic model of foundation with public justification in The Law of Peoples (LP). The main idea is to think about the reasonableness of the universal defence of human rights as primary goods with the aspects follows: its political nature, not metaphysical; its theoretical coherentist model, non-foundationalist; its pragmatic function and its public justification.

DEMOCRACY AND CITIZENSHIP IN NORTH AFRICA AFTER THE ARAB AWAKENING: CHALLENGES FOR EU AND US FOREIGN POLICY (EUSPRING). Arab Citizenship Review No. 6, October 2014. EGYPT. The Return to Authoritarianism and the Crisis of Citizenship Rights

Citizenship and democratic rights have been shrinking in Egypt with the rise of president Abd El Fattah El Sisi, widely popular among Egyptians who fear more violence and unrest in an increasingly volatile region. In this EU Spring Policy Brief, Moataz El Fegiery examines the political landscape in the run-up of parliamentary elections, arguing that the short term is likely to see further curtailment of acquired rights, further crackdown on the opposition and consolidation of military power. In the longer term, however, it is in the interest of Egyptian society and institutions as well as of Europe to reverse the politics of exclusion and ensure that freedoms, pluralism and participation prevent the rise of extremism and political violence.

Malta Transformed by Multi-level Governance: More Than Just an Outcome of Europeanisation. Occasional Paper 03/2014

Malta has been transformed in many ways with and by EU Membership. This paper goes beyond the more obvious impacts of ‘Europeanisation’ and instead reviews the implications of an explosion of multi-level governance on doing politics in Malta. While for most of its recent political history, there has been a clawing back of power by the central government – as when the Gozo Civic Council (1960-1973), an early foray into regional government, was “unceremoniously dissolved” in 1973 – this trend was reversed with the setting up of local councils as from 1994, an advisory Malta Council for Economic and Social Development (MCESD) in 2001, and then EU membership in 2004. These events have created a profligacy of decision-making tiers and multiplied the tensions that exist between different levels of governance in this small archipelago state. Malta has never experienced such pluralism before. In fact, since 1966, only two political parties have been represented in the national legislature and, therefore, there has been no division of powers between the executive and the national parliament. This paper reviews the implications of these developments on two hot political issues in 2014: the International Investor Programme (IIP) proposed by the Labour Government in its 2014 Budget; and the location of a Liquid Natural Gas (LNG)-storage vessel inside Marsaxlokk harbour.

Federation without federalism. Relations between Moscow and the regions. OSW Study 49/2014

The regions of the Russian Federation are immensely diverse economically and geographically as well as when it comes to their national identity, civic awareness and political activity. We are in fact dealing with a ‘multi-speed Russia’: along with the post-industrial regions with their higher living standards and a need for pluralism in politics, there are poverty-stricken, inertial regions, dependent on subsidies from the centre. As a result of the policy of centralisation pursued by the Kremlin since 2000, the autonomy of the regions has been reduced fundamentally. This has affected the performance of the regional elites and made it difficult for the regions to use their natural advantages (such as resources or location) to their benefit. One of the effects of this policy has been the constantly decreasing number of the donor regions. The current model promotes the role of the region as a passive supplicant, for whom it is easier to seek support from the central government, offering loyalty in exchange, than to implement complex systemic reforms that would contribute to long-term development. Moscow’s control (political, economic and administrative) over the regions is currently so thorough that it contradicts the formally existing federal form of government in Russia.

Kazakhstan: the regional success story; Tajikistan: a trial period; Uzbekistan: the major source of instability in Central Asia? OSW Study 15/2004

Kazakhstan: Kazakhstan can boast economic development like no other country in Central Asia. In contrast to other countries of the region, which have rich natural resources, Kazakhstan has managed to use its economic potential in a way that yields concrete benefits now and, at the same time, creates prospects for further sustainable economic growth. Tajikistan: Tajikistan in its present state has been built on the civil war experiences and provisions of the peace accords signed in 1997. These have had a great impact on the present form of the state, its political scene and power mechanisms. President Emomali Rakhmonov is the central figure in the state. The political system, which he has cocreated, is based on - unique in this region - political pluralism (the existence of the Islamic party), decentralisation (far-going independence of the regions and relatively limited potential of the central structures) and compromise as the basic way of resolving conflicts. Such a system has so far guaranteed stabilisation and normalisation of the country. Uzbekistan: With its geographic location, potential, ambitions and political priorities, Uzbekistan could play a leading role in Central Asia. The international community has perceived the country as the pillar of stability in the region. This perception was further reinforced after 11th September 2001 and was certainly among the factors that inspired the United States to start closer political and military cooperation with Tashkent. The administration in Washington had expected that closer contacts might galvanise political, economic and social change in Uzbekistan, thus reinforcing positive trends in other countries of the region as well. But the relations between Washington and Tashkent are in crisis (which the United States will certainly try to overcome), and we have seen rapprochement between Uzbekistan and Russia and China.

North Caucasus: the Russian Gordian knot. The key problems and conflicts in the region and the effect thereof on the future of Russia; Putin after re-election: The Kremlin's policy in Vladimir Putin's second term. OSW Study 16/2004

North Caucasus: North Caucasus is the most instable part of the Russian Federation: since the early 90's, there has been going on the military conflict in Chechnya, which is gradually spilling over into the other republics of the region, terrorism seems to have occupied its regular position in the political life of Caucasus, organized crime is flourishing, the tension persists there and military incidents and attacks are breaking out every now and again. During the recent year, the destabilization of the region, which affects many fields of Russian political and social life, has grown to an alarming size. Putin after re-election: Vladimir Putin's first term as President was a period of submitting political, regional and economic lobbies to the Kremlin. The actions Putin has taken since being re-elected are aimed at consolidating the Kremlin's control over the political, economic and social spheres. Further liquidation of political and informational pluralism, an increase of the ruling group's control over state and private property, and an intensification of state propaganda aimed at generating social support for the Kremlin's initiatives have all proceeded apace. These processes reinforce authoritarian tendencies and strengthen the emerging monocentric political system, with the President's strong domination over political, economic and social life.

The press and freedom of speech in Ukraine ahead of parliamentary elections. OSW Commentary No. 90, 2012-09-20

The independence of the mass media has been regularly restricted over the past two years in Ukraine. Following a period of relative freedom in 2005–2010, the scope of direct and indirect government control of the press has increased, cancelling out the achievements of the Orange Revolution in this area. The press in Ukraine is less and less able to perform its role as watchdog on the government and politicians and as a reliable source of information on the situation in the country to the public. This is mainly due to: (1) the concentration of the most important mass media in the hands of Ukraine’s most powerful oligarchs, whose business interests depend on the government; (2) the use of the press as instruments in political and business competition; (3) the ruling class’s subordination of the institutions which supervise the press; (4) repression used against media critical of the government and (5) the lack of an independent public broadcasting corporation. As a consequence, the press has hardly any impact on the political processes taking place ahead of the parliamentary election scheduled for 28 October. This is also an effect of a passiveness present in the Ukrainian public, who are tired of politics and are focused on social issues. Cases of abuse or corruption scandals revealed by the press do not provoke any response from the public and are rarely investigated by the public prosecution authorities. The more popular a given medium is, the more strongly it is controlled by the government. At present, television has to be recognised as the least reliable of the mass media. In turn, Internet news journals are characterised by the greatest pluralism but also have more limited accessibility. The political conditions in which the mass media operate in Ukraine lead to various forms of pathology. The most serious of them are censorship by the owners and self-censorship performed by journalists, and a great share of political advertorials. As the parliamentary election is approaching, the pathologies of the Ukrainian media market have been showing up with greater intensity.

Die proto-konstitutionelle Etablierung der europäischen Innenpolitik, Rückblick und Ausblick auf Bedingungen föderaler Ordnung in Europa = The proto-constitutional establishment of European domestic policy. Review and outlook on conditions of federal order in Europe. ZEI Discussion Paper C225, 2014

ZEI Director Prof. Ludger Kühnhardt recalls the leading ideas of federalism as territorial equivalent for political pluralism. Celebrating the 80th anniversary of Bonn historian and political scientist Prof. Dr. Hans-Peter Schwarz, he reflects on the emerging EU domestic policies in ZEI Discussion Paper C 225.

Antitrust, Regulation and the Neutrality Trap: A plea for a smart, evidence-based internet policy. CEPS Special Report No. 104/April 2015

When they look at Internet policy, EU policymakers seem mesmerised, if not bewitched, by the word ‘neutrality’. Originally confined to the infrastructure layer, today the neutrality rhetoric is being expanded to multi-sided platforms such as search engines and more generally online intermediaries. Policies for search neutrality and platform neutrality are invoked to pursue a variety of policy objectives, encompassing competition, consumer protection, privacy and media pluralism. This paper analyses this emerging debate and comes to a number of conclusions. First, mandating net neutrality at the infrastructure layer might have some merit, but it certainly would not make the Internet neutral. Second, since most of the objectives initially associated with network neutrality cannot be realistically achieved by such a rule, the case for network neutrality legislation would have to stand on different grounds. Third, the fact that the Internet is not neutral is mostly a good thing for end users, who benefit from intermediaries that provide them with a selection of the over-abundant information available on the Web. Fourth, search neutrality and platform neutrality are fundamentally flawed principles that contradict the economics of the Internet. Fifth, neutrality is a very poor and ineffective recipe for media pluralism, and as such should not be invoked as the basis of future media policy. All these conclusions have important consequences for the debate on the future EU policy for the Digital Single Market.

Vučić’s plebiscite almost slipped on arithmetics. EPC Commentary, 29 April 2016

As largely anticipated, the incumbent Prime Minister of Serbia, Aleksandar Vučić, secured another four years in power at the snap elections that took place on 24 April. However, the results suggest that Vučić has overplayed his hand with this personal plebiscite: simple arithmetics unmasked his exaggerated hope to wipe out the opposition and consolidate political dominance. This might bode well for political pluralism but voters’ preferences and the affixed party options caution against taking Serbia’s commitment to European integration for granted.

O direito ao próprio direito: modelos latino-americanos de autonomia política indígena

O objetivo deste trabalho é saber se o direito indigenista, como denominarei o direito estatal que diz respeito aos povos indígenas, reconhece a legitimidade do direito indígena, como denominarei o direito produzido pelos povos indígenas, nas experiências colombiana, boliviana e brasileira. A escolha da Bolívia se justifica pelo fato de as Constituições recentes deste país e do Equador serem consideradas um novo marco do constitucionalismo pluralista ao refundarem suas ordens buscando superar a ausência indígena constituinte. Já a Colômbia se destaca entre os países que, sob a influência recente do Convênio 169, incorporaram expressamente o pluralismo jurídico em suas Constituições. A jurisprudência produzida pela Corte Constitucional do país a respeito do direito indígena é considerada exemplar e inspiradora dos desenvolvimentos mais recentes na Bolívia. O trabalho está voltado para dois aspectos do tema: a autonomia jurisdicional, ou a capacidade para julgar conflitos conforme as normas e procedimentos próprios, e os mecanismos de controle de tais decisões. A metodologia do trabalho abrange revisão bibliográfica, seleção e análise documental de decisões judiciais e textos legais. Argumento que a acomodação de autonomias políticas e ordens jurídicas de diferentes culturas depende da criação de meta-instituições e metarregras que solucionem conflitos e promovam a coordenação entre os direitos, permitindo que os grupos se relacionem de maneira equitativa, controlem a dinâmica de suas identidades culturais e se sintam parte de uma mesma comunidade política. A prática das instituições brasileiras, no entanto, está muito mais voltada a aplicar o direito estatal aos índios do que a exercer controle sobre o direito indígena, o que indica que o paradigma da assimilação prevalece sobre eventuais concepções multiculturais de Estado e sociedade, ainda que o direito legislado apresente regras que reconhecem o pluralismo jurídico. Em outras palavras, as instituições estatais enxergam os indígenas como pessoas que percorrem o caminho da incapacidade jurídica à capacidade plena à medida em que se familiarizam com a cultura dominante, e não como pessoas que podem transitar entre diferentes ordens jurídicas. Por outro lado, a experiência recente de países latino-americanos que se abriram ao pluralismo jurídico mostra um caminho difícil e repleto de questões em aberto. As que mais se destacam são a possibilidade de violações de direitos humanos por autoridades indígenas e a tensão entre centralização política e autonomia política. Em relação ao primeiro caso, o aspecto crucial é saber quem deve julgar as violações e sob quais critérios, além de evitar decisões culturalmente enviesadas. Já o segundo caso depende da superação de traços autoritários relacionados ao governo central e da predominância das estruturas estatais já consolidadas, tanto no nível central quanto no nível local, sobre as instituições mantidas pelos povos indígenas. Ainda há um descompasso entre o discurso constitucional de igualdade entre as ordens jurídicas e a prática de subordinação das ordens indígenas às instâncias estatais.

'Institutional Shopping' for Natural Resource Management in a Protected Area and Indigenous Territory in the Bolivian Amazon.

Focusing on an overlapping protected area and indigenous territory in the Bolivian Amazon, this article discusses how indigenous people continue to negotiate access to natural resources. Using the theoretical framework of New Institutionalism, ethnographic data from participatory observations, and interviews with Takana indigenous resource users and park management staff, we identified four phases of institutional change. We argue that under the current institutionally pluralistic setting in the overlapping area, indigenous users apply “institutional shopping” to choose, according to their power and knowledge, the most advantageous institutional framework in a situation. Indigenous users strategically employed arguments of conservation, indigeneity, or long-term occupation to legitimize their claims based on the chosen institution. Our results highlight the importance of ideologies and bargaining power in shaping the interaction of individuals and institutions. As a potential application of our research to practice, we suggest that rather than seeing institutional pluralism solely as a threat to successful resource management, the strengths of different frameworks may be combined to build robust institutions from the bottom up that are adapted to the local context. This requires taking into account local informal institutions, such as cultural values and beliefs, and integrating them with conservation priorities through cross-cultural participatory planning.

Cultural diversity programming in ARL libraries /

Title from cover.

Biblical Politics, pt. 3

Walzer examines the laws, the histories, the prophecies, and the wisdom of the ancient biblical writers and discusses their views on such central political questions as justice, hierarchy, war, the authority of kings and priests, and the experience of exile. Because there are many biblical writers with differing views, pluralism is a central feature of biblical politics.

The determinants of the vertical boundaries of the construction firm

In the last few years, transaction cost economics has become a popular theory within the construction research community. This approach has been singularly applied as a means to explain and predict phenomena concerning the construction firm, including its vertical boundaries. However, this is at a time when the chief proponents of transaction costs are urging researchers to take a pluralistic stance in relation to the theory of the firm. The aim of this paper is to develop a pluralistic approach to the vertical boundaries of the construction firm. In order to achieve this, an integrative framework is described, based on the development of the efficient boundaries problem and the capabilities approach to vertical integration. Specifically, this framework draws on the complementary strengths of transaction cost economics and the resource-based view. It is concluded that the potential relative merits of theoretical pluralism, in terms of the vertical boundaries of the construction firm, are sufficient grounds to motivate empirical testing of the predictions associated with the integrative framework of vertical integration presented