The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the common law system as capricious and disorganised. This paper compares the effectiveness of the rule of law in common law and civil law countries in Africa, through a cross-national statistical comparison using Freedom House and Political Risk Services data. The comparison reveals that common law countries in Africa are generally better at providing ‘rule of law’ than are civil law countries.
AbstractKazakhstan has followed a foreign policy of multivector diplomacy since its independence from the former Soviet Union. While multivectorism was a strategy of necessity in its early years, it has evolved to empower Kazakhstan to effectively protect its independence and negotiate its relationship with the great powers on its borders and further afield. After the 2014 Russian seizure of Crimea it is noteworthy that Kazakhstan has maintained positive relations with Russia while asserting its sovereignty and independent foreign policy. In this article we investigate how Kazakhstan has negotiated the rise of China, taking advantage of the economic opportunities it presents. We trace the foreign policy of Kazakhstan from independence forward, examining its relationships with its Great Power neighbours and its role in international organizations and negotiations. We posit that multivectorism is similar to the strategy of omni-enmeshment and complex balancing seen in south-east Asia. Both are effective methods for secondary powers to protect their sovereignty and to coexist with Great Powers without becoming their client states. Kazakhstan's approach to foreign policy is an exemplar for secondary states. This article contributes to the literature on the strategic decision-making of secondary powers and to the theoretical analysis of the foreign policy of Kazakhstan during a critical moment of transition from the long-time rule of Nursultan Nazarbayev to the presidency of Kassym-Jomart Tokayev.
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