Announcements

The Indiana Democracy Consortium is a cross-disciplinary research initiative at Indiana University that is focused on the questions surrounding the creation and persistence of effective democratic governance. Given the fact that no single academic approach can capture the intricacies of democratic change, IDC faculty and students come from a broad array of intellectual disciplines and traditions, including Anthropology, Communication and Culture, History, Law, Political Science, and Sociology.


Table of Contents

Who Counts Your Votes?

Lila Kari, University of Western Ontario
Halina Kaminski, University of Western Ontario
Mark Perry, University of Western Ontario - Faculty of Law

Logic of Argumentation and International Institutions (Lógicas de Argumentación e Instituciones Internacionales) (Spanish)

Fernando Estrada, Universidad Externado de Colombia, Facultad de Finanzas, Gobierno y Relaciones Internacionales

The Role of Ex Aequo Et Bono in International Border Settlement: A Critique of the Sudanese Abyei Arbitration

Josephine K. Mason, University of California, San Francisco - Hastings College of the Law

Can Sex Workers Regulate Police? Learning from an HIV Prevention Project for Sex Workers in Southern India

Monica Rao Biradavolu, Duke University
Scott Burris, Temple University - James E. Beasley School of Law
Annie George, affiliation not provided to SSRN
Asima Jena, affiliation not provided to SSRN
Kim Blankenship, Yale University - School of Medicine


DEMOCRATIZATION: BUILDING STATES & DEMOCRATIC
PROCESSES ABSTRACTS
Sponsored by: Indiana University School of Law - Bloomington

"Who Counts Your Votes?" Free Download

LILA KARI, University of Western Ontario
Email:
HALINA KAMINSKI, University of Western Ontario
Email:
MARK PERRY, University of Western Ontario - Faculty of Law
Email:

Open and fair elections are paramount to modern democracy. Although some people claim that the pencil-and-paper systems used in countries such as Canada and UK are still the best method of avoiding vote rigging, recent election problems have sparked great interest in managing the election process through the use of electronic voting systems. It is a goal of this paper to describe a voting system that is secret and secure as well as verifiable and usable over an existing computer network.

"Logic of Argumentation and International Institutions (Lógicas de Argumentación e Instituciones Internacionales) (Spanish)" Free Download

FERNANDO ESTRADA, Universidad Externado de Colombia, Facultad de Finanzas, Gobierno y Relaciones Internacionales
Email:

This article presents the basics of argumentation theory. The relations of the argument with the concept of logical inference and an illustration of argument in international comparative policy analysis: the analysis of arguments in the invasion of Iraq.

"The Role of Ex Aequo Et Bono in International Border Settlement: A Critique of the Sudanese Abyei Arbitration" 

JOSEPHINE K. MASON, University of California, San Francisco - Hastings College of the Law
Email:

The Sudanese civil war has been called one of the most devastating conflicts of all time. Just last year, the North and the South of Sudan agreed to arbitrate their differences over where the border should lie between the two regions. The ensuing arbitration process raised sensitive issues regarding race, heritage, religion, and oil. This article addresses the Sudanese border arbitration, Government of Sudan v. Sudan People’s Liberation Movement/Army, that was meant to be part of the peace process between Northern and Southern Sudan. The international community has watched the case with great interest, as the success of the Sudanese arbitration will likely determine whether peace in the Sudan will be realized in the near future. The arbitrators took pains to decide the case according to “the rule of law,� rejecting the Government of Sudan’s contention that the arbitrators were engaging in ex aequo et bono adjudication – that is to say, extra-legal adjudication made on the basis of fairness rather than positive law.

With so much at stake in the Sudanese border arbitration, the methods employed by the arbitrators were crucial, and in this case, they may have failed: violence has re-emerged in the Sudan despite the border arbitration. I will argue that parts of the Sudanese border were in fact determined on an ex aequo et bono basis, but that other parts were not; and that it was the Tribunal’s haphazard, ad hoc approach that risks undermining the success of peace in the Sudan. I also argue that in some cases, it will be preferable for international border arbitrations to be decided on an openly ex aequo et bono basis rather than merely by black-letter law because of the special need for fairness and equitability in conflict resolution, but that parties to the arbitration as well as tribunals need to be open about their approach.

"Can Sex Workers Regulate Police? Learning from an HIV Prevention Project for Sex Workers in Southern India" Free Download
Social Science & Medicine, Vol. 68, No. 8, pp. 1541-1547, 2009
Temple University Legal Studies Research Paper No. 2010-04

MONICA RAO BIRADAVOLU, Duke University
Email:
SCOTT BURRIS, Temple University - James E. Beasley School of Law
Email:
ANNIE GEORGE, affiliation not provided to SSRN
Email:
ASIMA JENA, affiliation not provided to SSRN
Email:
KIM BLANKENSHIP, Yale University - School of Medicine
Email:

There is evidence that policing practices exacerbate HIV risk, particularly for female sex workers. Interventions in India that mobilize sex workers to seek changes in laws and law enforcement practices have received considerable scholarly attention. Yet, there are few studies on the strategies sex worker advocates use to modify police behavior or the struggles they face in challenging state institutions. This paper draws upon contemporary theories of governance and non-state regulation to analyze the evolving strategies of an HIV prevention non-governmental organization (NGO) and female sex worker community-based organizations (CBOs) to reform police practices in a southern Indian city. Using detailed ethnographic observations of NGO and CBO activities over a two year period, and key informant interviews with various actors in the sex trade, this paper shows how a powerless group of marginalized and stigmatized women were able to leverage the combined forces of community empowerment, collective action and network-based governance to regulate a powerful state actor, and considers the impact of the advocacy strategies on sex worker well-being.

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Solicitation of Abstracts

The journal seeks submissions that examine the dilemmas and opportunities posed by using democratic institutions to build viable states. This includes issues related to post-conflict state-building, dilemmas of electoral and constitutional design in diverse societies, promoting the establishment of the rule of law necessary to economic development and theoretical approaches critiquing or advancing "best practices" for democratizing states. The journal proceeds from the assumption that no single academic perspective is capable of capturing the multiple aspects of democratic change and establishment of the rule of law. Consequently, article submissions from any academic discipline are welcome.

To submit your research to SSRN, log in to the SSRN User HeadQuarters, and click on the My Papers link on the left menu, and then click on Start New Submission at the top of the page.

Distribution Services

If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: RPS@SSRN.com

Distributed by:

Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN)

Directors

LSN SUBJECT MATTER EJOURNALS

A. MITCHELL POLINSKY
Stanford Law School, National Bureau of Economic Research (NBER)
Email: polinsky@stanford.edu

BERNARD S. BLACK
Northwestern University - School of Law, Northwestern University - Kellogg School of Management, University of Texas at Austin - School of Law, McCombs School of Business, University of Texas at Austin, European Corporate Governance Institute (ECGI)
Email: bblack@northwestern.edu

RONALD J. GILSON
Stanford Law School, Columbia Law School
Email: rgilson@leland.stanford.edu

Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub.

Advisory Board

Democratization: Building States & Democratic Processes

WILLIAM BIANCO
affiliation not provided to SSRN

TOM GINSBURG
Professor of Law, University of Chicago Law School

JEFFREY C. ISAAC
Professor of Political Science, Indiana University Bloomington - Department of Political Science

ROBERT IVIE
Professor of Communication and Culture, Indiana University Bloomington - Department of Communication & Culture

PATRICK KEENAN
Associate Professor of Law, University of Illinois College of Law

CHRISTIANA OCHOA
Associate Professor of Law, Indiana University-Bloomington, Maurer School of Law

WILLIAM E. SCHEUERMAN
Professor of Political Science, Indiana University Bloomington - Department of Political Science

REGINA SMYTH
Associate Professor of Political Science, Indiana University Bloomington - Department of Political Science

DAVID CLAIR WILLIAMS
John S. Hastings Professor of Law and Executive Director, Center for Constitutional Democracy, Indiana University School of Law-Bloomington

SUSAN HOFFMAN WILLIAMS
Professor of Law, Indiana University School of Law-Bloomington