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"Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary."

"Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution."

"Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law."

"Major land reform programs have reallocated property in more than one-third of the world's countries in the last century and impacted over one billion people. But only rarely have these programs granted beneficiaries complete property rights. Why is this the case, and what are the consequences? This book draws on wide-ranging original data and charts new conceptual terrain to reveal the political origins of the property rights gap. It shows that land reform programs are most often implemented by authoritarian governments who deliberately withhold property rights from beneficiaries. In so doing, governments generate coercive leverage over rural populations and exert social control. This is politically advantageous to ruling governments but it has negative development consequences: it slows economic growth, productivity, and urbanization and it exacerbates inequality. The book also examines the conditions under which subsequent governments close property rights gaps, usually as a result of democratization or foreign pressure."

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Dialog Nasional merupakan suatu kebutuhan bagi seluruh negara demokrasi untuk menyelesaikan segala persoalan nasional, tanpa terkecuali Republik Sudan. Penyelenggaraan Dialog Nasional yang diinisiasi oleh pemerintah Bashir di Republik Sudan merupakan upaya pemerintah untuk menyelesaikan segala permasalahan nasional, sebagai upaya untuk mencegah krisis dan disintegrasi bangsa dengan menghadirkan perdamaian dan stabilitas nasional. Penelitian ini menguji seberapa peran Dialog Nasional dalam mengatasi krisis nasional di Sudan, bagaimana peran eksternal dan korelasi Revolusi Ketiga terhadap penyelenggaraan Dialog Nasional. Hal tersebut bertujuan untuk mengetahui signifikansi peran Dialog Nasional dalam mengatasi permasalahan nasional, serta mengetahui peran eksternal dan korelasi Revolusi Ketiga terhadap Dialog Nasional. Penelitian ini menggunakan metode kualitatif, serta menggunakan pendekatan deskriptif-analitik. Pemerolehan data dalam penelitian ini menggunakan studi pustaka, dan wawancara dengan menggunakan teknik triangulasi. Hasil penelitian ini menunjukan bahwa Dialog Nasional di Sudan sejauh ini mengalami kegagalan karena berbagai faktor, di antaranya tidak inklusif, pembahasan yang tidak komprehensif, dan gagalnya proses pimplementasi, dan puncaknya adalah dibubarkannya Dewan Dialog Nasional pasca kudeta Bashir pada 2019 tanpa menyisakan lembaga khusus yang berfungsi menjalankan wewenang Dialog Nasional. Akhirnya, dengan gagalnya dialog tersebut, maka Dialog Nasional hanya dapat dicatat oleh sejarah modern Sudan tanpa memanfaatkan nilai positif atas apapun yang dihasilkan melalui forum dialog.

 

Kata kunci: Afrika Utara, Dialog Nasional, Republik Sudan, Sudan, Timur Tengah

 

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National Dialogue is a necessity for democratic countries to resolve national issues, without the exception of Republic Sudan which is one of the democratic countries in the world. National Dialogue was initiated by Bashir Government in the Republic of Sudan which is a government effort to resolve national issues and to prevent national crises by presenting national peace and stability. This research examines how is the role of National Dialogue in overcoming the national crisis in Sudan, and how is the role of externals and the correlation of the Third Revolution to the National Dialogue. It aims to determine the significance of the role of the National Dialogue in overcoming national problems, and to know the external role and correlation of the Third Revolution to National Dialogue by using qualitative methods, and descriptive-analytic approach. This study is derived from literature study and interviews by using triangulation techniques. This research shows that the Sudanese National Dialogue is failed because of various factors, including the worsening economic conditions, the incomplete discussion and the failure of implementation process, especially the dissolution of the National Dialogue Council in 2019 without leaving any special institution to carry out National Dialogue Authority. Finally, National Dialogue can only be noted in the Sudan’s modern history without utilizing positive values which are produced by the National Dialogue. 

 

 

 

Key word: Middle East, National Dialogue, North Africa, Republic of Sudan, Sudanese National Dialogue, The Sudan 

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"Maritime Delimitation as a Judicial Process is the first comprehensive analysis of judicial decisions, state practice and academic opinions on maritime boundary delimitation. For ease of reading and clarity, it follows this three-stage approach in its structure. Massimo Lando analyses the interaction between international tribunals and states in the development of the delimitation process, in order to explain rationally how a judicially-created approach to delimit maritime boundaries has been accepted by states. Pursuing a practical approach, this book identifies disputed points in maritime delimitation and proposes solutions which could be applied in future judicial disputes. In addition, the book engages with the underlying theories of maritime delimitation, including the relationship between delimitation and delineation, the effect of third states' rights on delimitation, and the manner in which each stage of the process influences the other stages."

"The World Trade Organization (WTO) recently celebrated twenty years of existence. The general wisdom is that its dispute settlement institutions work well and its negotiation machinery goes through a phase of prolonged crises. Assessing the World Trade Organization overcomes this myopic view and takes stock of the WTO's achievements whilst going beyond existing disciplinary narratives. With chapters written by scholars who have closely observed the development of the WTO in recent years, this book presents the state of the art in thinking about WTO performance. It also considers important issues such as the origins of the multilateral system, the accession process and the WTO's interaction with other international organisations. The contributions shed new light on untold stories, critically review and present existing scholarship, and sketch new research avenues for a future generation of trade scholars. This book will appeal to a wide audience that aims to better understand the drivers and obstacles of WTO performance."

"In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives."

"The 1998 Rome Statute, the treaty establishing the International Criminal Court (ICC), includes a longer list of gender-based crimes than any previous instrument of international criminal law. The Statute's twentieth anniversary provides an opportunity to examine how successful the ICC has been in prosecuting those crimes, what challenges it has faced, and how its caselaw on these crimes might develop in future. Taking up that opportunity, this book analyses the ICC's practice in prosecuting gender-based crimes across all cases for war crimes, crimes against humanity and genocide in the ICC up until mid-2018. This analysis is based on a detailed examination of court records and original interviews with prosecutors and gender experts at the Court. This book covers topics of emerging interest to practitioners in this field, including wartime sexual violence against men and boys, persecution on the grounds of gender and sexual orientation, and sexual violence against 'child soldiers'."