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1 - Law in Unforeseen Places

from Part I

Published online by Cambridge University Press:  04 May 2018

Milli Lake
Affiliation:
London School of Economics and Political Science
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Summary

This chapter introduces the book's central puzzle: why have courts in DR Congo's eastern provinces responded forcefully to widespread sexual and gender-based violence, prioritizing sexual assault cases and foregrounding the rights of victims, when courts in South Africa have failed in the same endeavor? Existing literature would lead us to expect that state strength and capacity, combined with a robust and transnationally networked domestic human rights movement in South Africa would increase the likelihood of effective human rights norm diffusion and implementation in domestic courts. The book shows; however, that state fragility in DR Congo's east has instead created opportunities for non-state actors such as NGOs to exert influence over legal processes normally reserved for the sovereign government. External actors working in DR Congo have thus succeeded in directing judicial attention towards gender-based crimes, whereas similarly situated organizations working in South Africa have been onstructed in their efforts. The chapter summarizes the research approach adopted by the book, and discusses key literatures.
Type
Chapter
Information
Strong NGOs and Weak States
Pursuing Gender Justice in the Democratic Republic of Congo and South Africa
, pp. 3 - 32
Publisher: Cambridge University Press
Print publication year: 2018

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  • Law in Unforeseen Places
  • Milli Lake, London School of Economics and Political Science
  • Book: Strong NGOs and Weak States
  • Online publication: 04 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781108297745.003
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  • Law in Unforeseen Places
  • Milli Lake, London School of Economics and Political Science
  • Book: Strong NGOs and Weak States
  • Online publication: 04 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781108297745.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law in Unforeseen Places
  • Milli Lake, London School of Economics and Political Science
  • Book: Strong NGOs and Weak States
  • Online publication: 04 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781108297745.003
Available formats
×