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The International Journal
of Not-for-Profit Law

Volume 6, Issue 1, September 2003

A publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Religion and NGOs

Introductory Letter from the Guest Editors
W. Cole Durham, Jr. and Elizabeth A. Sewell

A Bend in the Road to Civil Society: The Effect of Russian Anti-Extremism Legislation on Not-for-Profit Organizations
Brian Gross

A Practical Comparison of the Laws of Religion of Colombia and Chile
Scott E. Isaacson

Faith-Based NGOs in Bosnia and Herzegovina
Mojca Leban

Refah Partisi (The Welfare Party) and Others v. Turkey
Christian Moe

The Impact of the New Czech Law on Churches
Petr Pajas

Comments on the 2002 Belarusian Law "On the Introduction of Changes and Amendments to the Law of the Republic of Belarus 'On Religious Freedom and Religious Organizations'"
Melinda R. Porter

Russian Federation Constitutional Court Decisions on Russia's 1997 Law "On Freedom of Conscience and Religious Associations"
Marina Thomas

God and Caesar: Personal Reflections on Politics and Religion
Shirley Williams


Should Foundations Exist in Perpetuity?
Robert O. Bothwell

The Prohibition of Nigerian Civil Servants From Political Activities: A Necessary Derogation from Freedom of Association
Emeka Iheme

The Charity/Business Duet: Harmony or Discord?
Andrew Phillips (Lord Phillips of Sudbury)

From Benin to Baltimore: Civil Society and Its Limits
Sally J. Scott, Ph.D.


Global Civil Society: An Overview
By Lester M. Salamon, S. Wojciech Sokolowski, and Regina List
Reviewed by Jonathan Nelms

The Changing and Unchanging Face of U.S. Civil Society
By Marcella Ridlen Ray

Civil Society: The American Model and Third World Development
By Howard J. Wiarda

Freedom in the World 2003: The Annual Survey of Political Rights and Civil Liberties
By Freedom House

Religion Returns to the Public Square: Faith and Policy in America
Edited by Hugh Heclo and Wilfred M. McClay

The State of Nonprofit America
Edited by Lester M. Salamon

Terrorism and Development: Using Social and Economic Development to Inhibit a Resurgence of Terrorism
By Kim Cragin and Peter Chalk

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Editorial Board

Letter from the Editor

Welcome to the fifth-anniversary issue of the International Journal of Not-for-Profit Law. After a short hiatus, we are delighted to debut a new format along with several new contributors and new topics.

This issue introduces IJNL's thematic focus. For a special section on religion and NGOs, W. Cole Durham, Jr. was the natural choice to be guest editor: he is Gates University Professor of Law at Brigham Young University and Director of the International Center for Law and Religion Studies (as well as Vice Chair of IJNL's parent organization, the International Center for Not-for-Profit Law). Working with his colleague Elizabeth A. Sewell, Cole helped us assemble this special section, featuring articles on current legal issues in Russia, Chile, Turkey, the Czech Republic, and elsewhere. Cole and Elizabeth provide an introductory overview here.

Our special section also includes an intensely personal essay. Through the lens of her Catholic faith, Shirley Williams, Leader of the Liberal Democrats in the British House of Lords, reflects on prospects for a healthier civil society and a better world. The essay reminds us that faith and politics interact not just at the macro level of governments and institutions, but at the micro level as well, in the minds and hearts of individual politicians. And it exemplifies IJNL's openness to a wide range of voices.

The philanthropic community is closely monitoring a bill in the U.S. Congress that would alter American foundations' pay-out requirement. We provide a timely explanation of what's at stake--and, notwithstanding some cries of alarm, what's not--from Robert O. Bothwell, Principal of Visions Realized, President Emeritus of the National Committee for Responsive Philanthropy, and a member of the ICNL Advisory Council.

This IJNL also includes two articles that recently appeared in SEAL, the European Foundation Center's journal of social economy and the law. ICNL Senior Vice President Douglas Rutzen serves on the SEAL Advisory Board, and we look forward to continuing our partnership with that important journal.

Longtime readers of IJNL may notice something missing: case notes and country reports. For these summaries to be as useful as possible, we believe, they must be prompt and up to date. Consequently, they will appear henceforth on the ICNL website and will soon be available by email.

Principal support for IJNL is provided by the Charles Stewart Mott Foundation. In addition, a generous grant from the Ford Foundation has enabled ICNL to undertake an in-depth evaluation of IJNL and the other elements of its Internet Services Program. Finally, we gratefully acknowledge the assistance of ICNL Advisory Council members, as well as the contributions of our guest editors and authors.

Stephen Bates
International Journal of Not-for-Profit Law

ICNL is grateful to those who are supporting or who have supported this publication in the past, including the United States Agency for International Development, the Catholic University of America, the World Bank, the Rockefeller Brothers Fund, the International Bureau of Fiscal Documentation, the John D. and Catherine T. MacArthur Foundation, the Ford Foundation, the Open Society Institute, the Wallace Global Fund, the Helen Bader Foundation, the Compton Foundation, the American Express Foundation, the AT&T Foundation, the GE Fund, the Rockefeller Foundation, the Alcoa Foundation, the Chevron Corporation, the Counterpart Foundation, the Aga Khan Foundation, the Henry M. Jackson Foundation, the Asian Development Bank, and the Eurasia Foundation.


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ISSN: 1556-5157