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The International Journal
of Not-for-Profit Law

Volume 6, Issue 3, June 2004

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

Table of Contents

Letter from the Editor

Accountability and Transparency

Introduction--Coming Clean: Civil Society Organizations at a Time of Global Uncertainty
Kumi Naidoo

International Humanitarianism: The Dark Sides
David Kennedy

On the Issue of Trust
H. Peter Karoff

Fostering Accountability in Zimbabwean Civil Society
Ignatius Adeh

Canadian Federal Budget Increases Transparency for Charities
Robert B. Hayhoe

The Crisis Facing Associations and Other Nonprofits in the United States
John H. Graham IV


Charities and Compliance with Anti-Terrorism Legislation in Canada: The Shadow of the Law
Terrance S. Carter

Corporate Philanthropy and Law in the United States: A Practical Guide to Tax Choices and an Introduction to Compliance with Anti-Terrorism Laws
Thomas Silk

Legal Mechanisms for NGO-Government Partnership in Ukraine
Alexander Vinnikov

The State-Civil Society Relationship in Kazakhstan: Mechanisms of Cooperation and Support
Vsevolod Ovcharenko

Comment: Defining Civil Society
Miguel Angel Itriago


BETTER TOGETHER: Restoring the American Community
By Robert D. Putnam and Lewis M. Feldstein
THE GREATER GOOD: How Philanthropy Drives the American Economy and Can Save Capitalism
By Claire Gaudiani
Reviewed by Michael Edwards

By Jeffrey M. Berry with David F. Arons
Reviewed by Michael Bisesi

Edited by Edward L. Glaeser
Reviewed by Peter Frumkin

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Editorial Board

Letter from the Editor

In this issue of the International Journal of Not-for-Profit Law, we focus on two timely, multifaceted, and controversial topics: accountability and transparency.

Kumi Naidoo of Civicus offers a provocative introduction, which considers how demands for accountability and transparency may relate to military action, terrorism, and global uncertainty. Equally provocative, David Kennedy of Harvard Law School spotlights some of the rarely acknowledged downsides, trade-offs, and self-delusions of international humanitarianism. Two complementary articles explore aspects of the American NGO environment: John H. Graham IV of the American Society of Association Executives details the regulatory threats and other challenges facing associations; and H. Peter Karoffof The Philanthropic Initiative, Inc., asks what steps philanthropic organizations can take in order to earn the public's trust. Turning elsewhere in the world, development policy consultant Ignatius Adeh looks at NGO accountability and transparency in Zimbabwe, concluding with recommendations for NGOs, donors, and the government; and Robert B. Hayhoe, a Toronto-based charity lawyer and IJNL's Canada editor, analyzes transparency requirements imposed by the 2004 Canadian federal budget.  

Outside our section on accountability and transparency, Ontario attorney Terrance S. Carter complements Mr. Hayhoe's article with a look at how anti-terrorism legislation is reshaping the philanthropic process in Canada. San Francisco attorney Thomas Silk similarly illuminates anti-terrorism laws in the United States in the course of his primer on the law affecting American corporate philanthropy. Social Economy and Law (SEAL) Journal has once again graciously allowed us to republish two compelling articles, both addressing relations between the government and civil society: Alexander Vinnikov on Ukraine, and Vsevolod Ovcharenko on Kazakhstan. Miguel Angel Itriago uses recent experience in Venezuela to consider how civil society can most aptly be defined.

Our issue concludes with incisive book reviews by Michael Edwards, author of the new book Civil Society; Michael Bisesi, director of the Center for Nonprofit and Social Enterprise Management at Seattle University; and Peter Frumkinof the John F. Kennedy School of Government at Harvard University.

In short, this IJNL ranges from abstract to pragmatic, description to prescription, professor to practitioner, Canada to Kazakhstan. And it once again exemplifies our commitment to providing a forum for diverse views on controversial topics.  

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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