Kenya after the 2007 "post-election violence" : constitutional reform and the National Accord and Reconciliation Act

Immediately after the announcement of the re-election of President Kibaki on the evening of 30 December 2007, Kenya was thrust into the worst civil unrest experienced by the country since independence – a development that became known as the "Post-Election Violence" (PEV). However, after a subsequent process of reconciliation, the PEV came to an end within a relatively short period. The present-day politics of Kenya are being conducted within the framework of a provisional Constitution that took shape through peaceful mediation. How did Kenya manage to put a lid on a period of turmoil that placed the country in unprecedented danger? This paper traces the sequence of events that led to mediation, explains the emergency measures that were needed to maintain law and order, and indicates the remaining problems that still need to be solved.

Sources of fluctuations in parallel exchange rates and policy reform in Myanmar

Myanmar maintained a multiple exchange rate system, and the parallel market exchange rate was left untamed. In the last two decades, the Myanmar kyat exchange rate of the parallel market has exhibited the sharpest fluctuations among Southeast Asian currencies in real terms. Since the move to a managed float regime in April 2012, the question arises of whether exchange rate policies will be effective in stabilizing the real exchange rate. This paper investigates the sources of fluctuations in the real effective exchange rate using Blanchard and Quah’s (1989) structural vector autoregression model. As nominal shocks can be created by exchange rate policies, a persistent impact of a nominal shock implies more room for exchange rate policies. Decomposition of the fluctuations into nominal and real shocks indicates that the impact of nominal shocks is small and quickly diminishes, implying that complementary sterilization is necessary for effective foreign exchange market interventions.

Where does Philippine education go? : the "K to 12" program and reform of Philippine basic education

In 2012 the Philippines launched its "K to 12" Program, a comprehensive reform of its basic education. Through this reform, the Philippines is catching up with global standards in secondary education and is attaching a high value to kindergarten. The structure, curricula, and philosophy of the education system are undergoing reform and improvement. The key points of the new policy are "preparation" for higher education, "eligibility" for entering domestic and overseas higher educational institutions, and immediate "employability" on graduating, all leading toward a "holistically developed Filipino". This policy appears admirable and timely, but it faces some pedagogical and socioeconomic problems. The author wants to point out in particular that the policy needs to address gender problems and should be combined with demand-side approaches in order to promote poverty alleviation and human development in the Philippines.

Electronic reserves: copyright and permissions

Electronic reserves present a new service option for libraries to provide needed materials during hours that the library is not open and to user groups located some distance from library collections. Possible changes to current copyright law and publishers permissions policies have delayed the development of electronic reserves in many libraries. This paper reviews the current state of electronic reserves materials in the publishing and library communities and presents the results of a survey of publishers to determine permissions policies for electronic materials. Issues of concern to both libraries and publishers are discussed.

Land Reform in South Africa in Light of Emerging Urbanization, Industrialization, and Globalization Trends

Black South Africans experienced centuries of mistreatment and land dispossessions, leaving their population in dire poverty and dependence. The 1994 democratization of South Africa birthed a three-fold land reform program dedicated to land restitution, land redistribution, and tenure reform. The first decade of implementation left government goals unmet. The relevance of land reform is examined given modern-day urbanization, industrialization, and globalization. This paper affirms land reform is still relevant socially and is therefore relevant politically and economically. Improvements to program implementation are suggested in the following areas: implementing agency support; rural representation; information management; land market stimulation; beneficiary support; and agrarian reform. Land reform limitations are discussed, and industrialization is briefly explored as the more likely solution to poverty issues.

Micronutrients and the Sahel: The Need for International Food Aid Reform

The 2012 Food Assistance Convention (FAsC) will replace the 1999 Food Aid Convention (FAC), shortly becoming the new document governing international food aid. This new convention will allow for culturally- and nutritionally-appropriate food purchases, but it lacks sufficient guidance and enforcement mechanisms to ensure the inclusion of micronutrients in food assistance. In conjunction with other United Nations-based programs, reforms focused on cooperation, measurement, and education in micronutrient interventions are recommended for the FAsC framework. These reforms stand to benefit the persistently hungry and micronutrient deficient Sahel region of Africa.

Copyright certificate for the Celestial Planisphere, [1806] July 11

Handwritten copy of a certificate acknowledging the deposit of the title of Croswell's celestial planisphere with the clerk of the District of Massachusetts.

Modernist Ecology: Modernism and the Reimagination of Nature

Countering the trend in contemporary ecocriticism to advance realism as an environmentally responsible mode of representation, this essay argues that the anti-realist aesthetics of literary modernism were implicitly “ecological.” In order to make this argument I distinguish between contemporary and modernist ecological culture (both of which I differentiate in turn from ecological science); while the former is concerned primarily with the practical reform characteristic of what we now call “environmentalism,” the latter demanded an all-encompassing reimagination of the relationship between humanity and nature. “Modernist ecology,” as I call it, attempted to envision this change, which would be ontological or metaphysical rather than simply social, through thematically and formally experimental works of art. Its radical vision, suggestive in some ways of today’s “deep” ecology, repudiated modern accounts of nature as a congeries of inert objects to be manipulated by a sovereign subject, and instead foregrounded the chiasmic intertexture of the subject/object relationship. In aesthetic modernism we encounter not “objective” nature, but “nature-being” – a blank substratum beneath the solid contours of what philosopher Kate Soper calls “lay nature” – the revelation of which shatters historical constructions of nature and alone allows for radical alternatives. This essay looks specifically at modernist ecology as it appears in the works of W. B. Yeats, D. H. Lawrence, and Samuel Beckett, detailing their attempts to envision revolutionary new ecologies, but also their struggles with the limited capacity of esoteric modernist art to effect significant ecological change on a collective level.

Reform der EU-Wettbewerbsregeln für Technologietransfer-Verträge: Einfahrt in den sicheren Hafen? = Reform of EU competition rules on technology transfer agreements: entry into the safe harbor? Research Paper in Law 2/2004

No abstract.

Talking with the “pouvoir constituant” in times of constitutional reform: The European Court of Justice on Private Applicants’ Access to Justice. Research Paper in Law 3/2003

[From the Introduction]. European lawyers, at least those dealing predominantly with institutional matters, are living particularly interesting times since the setting-up of the “European Convention on the Future of Europe” in December 2001.1 As the Convention’s mandate, spelled out in rather broad terms in the European Council’s declaration of Laeken,2 is potentially unlimited, and as the future constitution of the European Union (EU) will be ultimately adopted by the subsequent Intergovernmental Conference (IGC), there appears to be a great possibility to clarify, to simplify and also to reform many of the more controversial elements in the European legal construction. The present debate on the future of the European constitution also highlights the relationship between the pouvoir constituant3 and the European Courts, the Court of Justice (ECJ) and its Court of First Instance (CFI), who have to interpret the basic rules and principles of the EU.4 In that light, the present article will focus on a classic theme of the Court’s case law: the relationship between judges and pouvoir constituant. In the EU, this relationship has traditionally been marked by the ECJ’s role as driving force in the “constitutionalisation” of the EC Treaties – which has, to a large extent, been accepted and even codified by the Member States in subsequent treaty revisions. However, since 1994, the ECJ appears to be more reluctant to act as a “law-maker.”5 The recent judgment in Unión de Pequeños Agricultores (UPA)6 – an important decision by which the ECJ refused to liberalize individuals’ access to the Community Courts – is also interesting in this context. UPA may be seen as another proof of judicial restraint - or even as indicator of the beginning of a new phase in the “constitutional dialogue” between the ECJ and the “Masters of the Treaties.”