The purpose of this research is to determine, from a systemic perspective, how the activities of organized crime in the country are affecting its governance and governability. The author proposes that: Currently in El Salvador organized crime (OC) in its eagerness to increase its profits, control of trafficking routes and markets has become a strategic actor whose activities are affecting the country's governance and governability by destabilizing its political, economic and social spheres. This research presents a comprehensive study of the dynamics in which OC networks are immersed and the negative effects of their activities in El Salvador. At the same time, it identifies the vulnerabilities of the Salvadoran state, as well as the weak points through which these nefarious organizations are permeating its structures and institutions. The author concludes by saying that the Salvadoran State, despite its efforts, does not respond to the requirements and security needs of the population and that the continuation of this course will lead it to gradually lose legitimacy, until it enters a crisis of governability. He proposes that the way to overcome this vicious dynamic is to resort to all available resources, including private security, duly controlled and regulated.
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This article examines the relationship between three basic elements of international relations - regions, states, and security - with the example of Central America as a case study. The author posits that indeed the existence of fragile states coincides with broader measures of stability, and increase levels of both national and regional insecurity. Through a study of the security and stability situation in Central America, the author explains the effects of fragile governments on a regional security complex.
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Some cases related to the fight against terrorism, among others, have challenged some of the categories of international law on the use of force, generating a constant confrontation between what is considered legitimate and what is legal. The invasion of allied countries in Iraq and Afghanistan, the NATO intervention in Kosovo and the incursion of the Colombian state into Ecuadorian territory to attack a FARC guerrilla camp have put the existing legal regime to the test and highlighted some of its limitations, questioning the treatment given to concepts such as "legitimate defense," "armed attack," "necessity," and "proportionality." There are alternatives to overcome some of the main problems, including the possibility of revising the composition and decision-making procedure within the UN Security Council. The doctrine of the use of preventive force, which has been resorted to to a greater extent by states in the fight against terrorism, is a dangerous path that threatens to undermine rights and infringe on freedoms. Historically generally rejected, it is not advisable for the doctrine to be strengthened as an institution of public international law.
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The June 2009 military coup that ousted democratically elected President Manuel Zelaya resulted in the international isolation of the interim successor government of Roberto Micheletti and months of political turmoil that did not subside until after the election of current President Porfirio Lobo in November 2009. Honduran politics have stabilized in some important respects since Lobo's inauguration: The economy has slowly recovered, and the 2011 Cartagena Accord signed by Lobo and Zelaya has politically reintegrated the leftist former president via his new Liberty and Refoundation Party (LIBRE) and reinstated Honduras in the Organization of American States (OAS). However, Honduras' reconstructed democracy is fragile. Rising crime and unrelieved poverty have decimated President Lobo's approval ratings and encouraged widespread distrust of democratic institutions. To the extent that Zelaya's LIBRE is able to capitalize on this discontent in the upcoming 2013 elections, these institutions will be seriously tested.
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This paper was presented at the Fundación CiudadanÃa y Valores (FUNCIVA) in Madrid, Spain, February 11, 2010.
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This essay explores the more than 230-year-long development of the military justice system of the United States, a process that began even before the country's constitution was written. It examines the contributions to the jurisprudence of other countries made by the justice system of the U.S. armed forces and looks at some of the most important controversies accompanying its development. It also presents some of the contemporary issues facing both the U.S. military and civil society in the early 21st century, as the United States conducts actions against hostile non-state actors who threaten both the security and human rights of democracies around the world.
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In Latin America, as in every other part of the world, entrenched political corruption has proven to be extremely resistant to change, despite manifold efforts of legal reform and criminal prosecution. This paper proposes an explanation of this powerful resistance in terms of four interlocking vicious cycles. Once started, each cycle perpetuates itself and reinforces the other three. These vicious cycles involve (a) the informal economy, which drains income from the state treasury, (b) lack of transparency in international negotiations, (c) organized crime, which corrupts the judicial system; and (d) the patronage system of political appointments. Based on an examination of the dynamic behavior of the entire system we propose an explanation for why most reform efforts fail, and how a successful strategy can be constructed. Almost all of the insights reported in this paper were gained from the NationLab series of national strategic seminars in eight countries of Latin America.
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The article analyzes the regulatory legal framework of the relationship between the Armed Forces and Congress, and the role of the Ministry of Defense. This analysis considers the cultural and political factors that make up this framework. The analysis concludes that the authority of the President of the Republic has been, and will continue to be an element of utmost relevance in the conformation of the standards that regulate the relationships of power, affecting the influence and authority of the Congress over the Armed Forces. Nevertheless, the study shows the existence of series of standards that allow for a fluid relationship between the Legislative Branch and the military, at least in terms of establishing information and communication channels for carrying out legislative oversight and investigation. These norms, however, limit the work of Congress in budgetary matters, and in the organization and composition of the military force. Finally, this article proposes to advance toward greater institutionalization of this relationship, strengthening the advisory function of the authorities called to participate in these, as well as creating procedures so that the Ministry of National Defense may participate effectively in this relationship.
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