The International Journal
of Not-for-Profit Law

Volume 14, Issue 3, September 2012

This issue of the International Journal of Not-for-Profit Law features two major studies of civil society’s principles and protections.

First is “Defending Civil Society,” a detailed report on the threats—some heavy-handed, some subtle—facing civil society today. The International Center for Not-for-Profit Law (ICNL) and the World Movement for Democracy Secretariat at the National Endowment for Democracy (NED) develop a typology of threats to civil society organizations (CSOs); address the justifications on which these threats purportedly rest as well as the principles of international law that they contravene; and recommend specific steps through which democratic governments, international organizations, CSOs, and democracy assistance organizations can safeguard a healthy, vibrant civil society.

In addition, Nick Gallus, Counsel at the Canadian Department of Foreign Affairs and International Trade, analyzes a potential source of protection for American CSOs operating in Egypt: the bilateral investment treaty (BIT) between the United States and Egypt. Gallus summarizes the BIT; considers the hurdles that a CSO would face in establishing jurisdiction for a dispute under the treaty; assesses the potential applicability of the treaty’s standards of protection to CSOs; evaluates Egypt’s potential claim that treaty exceptions may apply; and reviews possible remedies for a breach of the treaty.

As always, we are grateful to our authors for their penetrating and timely articles. In addition, “Defending Civil Society” was generously supported by Canada’s Department of Foreign Affairs and International Trade (DFAIT), the Swedish International Development Cooperation Agency (Sida), the United States Agency for International Development (USAID), the Hurford Foundation, and the Taiwan Foundation for Democracy. The views expressed in the report, however, do not necessarily reflect the views of the contributors or the governments they represent.

Stephen Bates
Editor
International Journal of Not-for-Profit Law
sbates@icnl.org