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39102. Iraq's Jihadi Jack-in-the-Box
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- International Crisis Group
- Abstract:
- The jihadi surge is the tragic, violent outcome of steadily deteriorating political dynamics. Instead of a rash military intervention and unconditional support for the Iraqi government, pressure is needed to reverse sectarian polarisation and a disastrous record of governance.
- Topic:
- Terrorism, Armed Struggle, Insurgency, Governance, and Reform
- Political Geography:
- Iraq and Middle East
39103. Limiting Armed Drone Proliferation
- Author:
- Micah Zenko and Sarah Kreps
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Council on Foreign Relations
- Abstract:
- The use of unmanned aerial systems—commonly referred to as drones—over the past decade has revolutionized how the United States uses military force. As the technology has evolved from surveillance aircraft to an armed platform, drones have been used for a wide range of military missions: the United States has successfully and legitimately used armed drones to conduct hundreds of counterterrorism operations in battlefield zones, including Afghanistan, Iraq, and Libya. It has also used armed drones in non-battlefield settings, specifically in Pakistan, Yemen, Somalia, and the Philippines. Collectively, these strikes have eliminated a number of suspected terrorists and militants from Asia to Africa at no cost in terms of U.S. casualties, an advantage of drones over manned platforms that has made them attractive to many other states. However, non-battlefield strikes have drawn criticism, particularly those conducted under the assertion that they are acts of self-defense.
- Topic:
- Arms Control and Proliferation and Military Strategy
- Political Geography:
- Pakistan, Afghanistan, United States, Iraq, and Asia
39104. The Transatlantic Trade and Investment Partnership: A critical perspective
- Author:
- Rainer Geiger
- Publication Date:
- 04-2014
- Content Type:
- Policy Brief
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- Launched in July 2013 by the European Union and the United States, the Transatlantic Trade and Investment Partnership (TTIP) represents an important effort to reach a comprehensive economic agreement between two major trading partners. As has been pointed out, the project offers great opportunities for liberalizing trade and investment and regulatory convergence. Its level of ambition implies high risks, but despite negotiators' initial optimism, its success is far from certain.
- Topic:
- Economics, International Trade and Finance, Treaties and Agreements, and Foreign Direct Investment
- Political Geography:
- United States and Europe
39105. Perspectives on topical foreign direct investment issues
- Author:
- John Gaffney and James Nicholson
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- In their contribution to the FDI Perspectives series, Baiju Vasani and Anastasiya Ugale drew attention to an emerging trend in favor of the so-called "costs follow the event" (CFtE) (or loser pays) approach, which is in contrast to the more "traditional" approach under which parties share the costs of arbitration equally, with each party covering its own legal fees.
- Topic:
- Economics, International Trade and Finance, and Foreign Direct Investment
39106. With the Peace Process on Hold, Washington Still Faces Key Israeli-Palestinian Tests
- Author:
- Robert Satloff
- Publication Date:
- 05-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- In the coming days, the Obama administration faces key decisions on how to respond to a Palestinian government "backed by Hamas," whether to condone Hamas participation in Palestinian elections, and what strategy to adopt in response to another effort by Palestinians to enhance their status in the UN.
- Topic:
- Armed Struggle and Territorial Disputes
- Political Geography:
- Middle East, Israel, Palestine, and United Nations
39107. Jordan and the Syria Crisis: Mitigating the 'Known Unknowns'
- Author:
- Andrew J. Tabler
- Publication Date:
- 05-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- As extremists continue to move into southern Syria, growing security and humanitarian problems may soon outstrip Jordan's ability to handle spillover from the war.
- Topic:
- Human Rights, Terrorism, and Armed Struggle
- Political Geography:
- Middle East and Syria
39108. Iran's Afghan Shiite Fighters in Syria
- Author:
- Phillip Smyth
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Afghan Shiite militants have been fighting on the Assad regime's side for some time, and the scope and strategic purpose of Iran's involvement is becoming increasingly clear.
- Topic:
- Security, Terrorism, and Armed Struggle
- Political Geography:
- Afghanistan, Iran, and Middle East
39109. Expanding Access to Economic Opportunity in Fast-Growth Metropolitan Areas
- Author:
- Rolf Pendall and Margery Austin Turner
- Publication Date:
- 05-2014
- Content Type:
- Policy Brief
- Institution:
- Urban Institute
- Abstract:
- Many community development initiatives traditionally funded by foundations and the federal government evolved to respond to the economic conditions and barriers facing communities in big cities of the northeast and midwest. But conditions are dramatically different in Houston and other fast-growing metros like it. Neighborhood Centers, Inc. is developing and testing strategies for connecting underserved people to opportunities that reflect the realities of Houston's geography, demographics, and economy. This paper is intended to start a discussion about how these strategies differ from more traditional place-based antipoverty strategies, and how similar approaches may suit other metros like Houston.
- Topic:
- Economics, Human Welfare, Governance, and Reform
39110. Children of Immigrants: 2011 State Trends Update
- Author:
- Devlin Hanson and Margaret Simms
- Publication Date:
- 05-2014
- Content Type:
- Policy Brief
- Institution:
- Urban Institute
- Abstract:
- This brief updates Perspectives on Low - Income Working Families brief 9, " Children of Immigrants: National and State Characteristics" (Fortuny et al. 2009) and Perspectives on Low - Income Working Families brief 17,"Children of Immigrants: 2008 State Trends Update "(Fortuny 2010) . This brief presents da ta highlights from the 2010 and 2011 American Community Surveys. The statistics presented in this brief and others can be accessed through the Children of Immigrants Data Tool web site. Also, interactive maps showing these statistics over time and across states can be found at the Children of Immigrants Interactive Map website.
- Topic:
- Economics, Human Welfare, and Immigration
- Political Geography:
- North America
39111. Local Government Discretion and Accountability in Sierra Leone
- Author:
- Benjamin Edwards, Serdar Yilmaz, and Jameson Boex
- Publication Date:
- 03-2014
- Content Type:
- Working Paper
- Institution:
- Urban Institute
- Abstract:
- Sierra Leone is a small West African country with approximately 6 million people. Since 2002, the nation has made great progress in recovering from a decade-long civil war, in part due to consistent and widespread support for decentralization and equitable service delivery. Three rounds of peaceful elections have strengthened democratic norms, but more work is needed to cement decentralization reforms and strengthen local governments. This paper examines decentralization progress to date and suggests several next steps the government of Sierra Leone can take to overcome the remaining hurdles to full implementation of decentralization and improved local public service delivery.
- Topic:
- Human Welfare and Reform
- Political Geography:
- Africa
39112. Immigration and the Changing Landscape for Local Service Delivery Demographic Shifts in Cities and Neighborhoods
- Author:
- Julia Gelatt, Gina Adams, and William Monson
- Publication Date:
- 03-2014
- Content Type:
- Policy Brief
- Institution:
- Urban Institute
- Abstract:
- As immigration has risen over the past 40 years, many communities across the United States have been changed in some way by their immigrant populations .Immigrants make up growing shares of business owners, workers, and parents across many cities and rural areas, while children of immigrants make up growing shares of school populations. Some communities have been experiencing high levels of immigration for decades and others are facing new influxes of immigrant communities. In many communities, the mix of national origins of immigrants has been shifting.
- Topic:
- Demographics, Human Welfare, and Immigration
- Political Geography:
- United States and North America
39113. Hamas Opts for the Hezbollah Model
- Author:
- Ehud Yaari
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Hamas seems intent on using Hezbollah's "bullets plus ballots" approach to gain a military and political foothold in the West Bank, the PA, and the PLO.
- Topic:
- Terrorism, Military Strategy, and Armed Struggle
- Political Geography:
- Middle East
39114. Mosul Security Crisis: A Chance to Break Iraq's Political Logjam
- Author:
- Michael Knights
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- The loss of government control in a major city may be just the wakeup call Iraqi politicians need to embrace a more ambitious reconciliation agenda.
- Topic:
- Security, Terrorism, Military Strategy, Armed Struggle, Governance, and Sectarianism
- Political Geography:
- Iraq and Middle East
39115. Lebanon Unstable and Insecure
- Author:
- David Schenker
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Military coordination with Hezbollah may be providing a quick fix, but the country's long-term strength can only be achieved with a reconstituted March 14 coalition.
- Topic:
- Terrorism, Military Strategy, Armed Struggle, and Governance
- Political Geography:
- Middle East and Lebanon
39116. The Return of Sunni Foreign Fighters in Iraq
- Author:
- Aaron Y. Zelin
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- The Mosul crisis highlights how ISIS has established a potent cadre of foreign jihadists who freely operate across the rapidly disappearing Iraq-Syria border.
- Topic:
- Islam, Terrorism, and Armed Struggle
- Political Geography:
- Iraq, Middle East, and Syria
39117. Iranian Proxies Step Up Their Role in Iraq
- Author:
- Phillip Smyth
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Iran's proxy groups have been working closely with Iraqi government forces for some time and will likely become more important to Baghdad in light of recent events.
- Topic:
- Islam, Terrorism, Armed Struggle, and Sectarian violence
- Political Geography:
- Iraq, Iran, and Middle East
39118. Background on the 'Possible Military Dimensions' of Iran's Nuclear Program
- Author:
- Nima Gerami
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Iran's compartmented nuclear program and fears of sabotage have complicated efforts to address IAEA concerns about the program's suspected military side.
- Topic:
- Nuclear Weapons, Treaties and Agreements, and Nuclear Power
- Political Geography:
- Iraq, Iran, and Middle East
39119. Eye on the Ball Amid Qatar-FIFA Corruption Charges
- Author:
- Lori Plotkin Boghardt
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Washington should use the State Department's upcoming annual "Trafficking in Persons" report to amplify international calls for strategic Persian Gulf partners to reform their expatriate labor practices.
- Topic:
- Foreign Policy, Human Rights, and Labor Issues
- Political Geography:
- Washington
39120. Israelis Kidnapped in the West Bank: Implications
- Author:
- Neri Zilber
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- If U.S. policy was to "wait and see" how the Hamas-approved Palestinian reconciliation process would unfold in practice, the test is now.
- Topic:
- Foreign Policy, Terrorism, Treaties and Agreements, and Territorial Disputes
- Political Geography:
- Middle East, Israel, Palestine, and North America
39121. Building a Base for Iraq's Counteroffensive: The Role of U.S. Security Cooperation
- Author:
- Michael Knights
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Encouraging signs have emerged that the collapse of federal government control in Iraq may have slowed and that Baghdad is beginning the transition to counteroffensive operations to regain ground. Massive mobilization of largely Shiite volunteers has given Baghdad an untrained but motivated "reserve army" that can be used to swamp cross-sectarian areas around the Iraqi capital. All available formed military units have been pulled out of reserve and brought toward Baghdad to defend the capital. In this effort, all Department of Border Enforcement units have been relocated from the country's borders, and Iraqi army and Federal Police units have been redeployed from southern Iraq. Isolated federal government units are scattered across northern Iraq, in some cases hanging on against Sunni militants with the support of adjacent Kurdish forces.
- Topic:
- Foreign Policy, Terrorism, Armed Struggle, Sectarianism, Law Enforcement, and Sectarian violence
- Political Geography:
- United States, Iraq, and Middle East
39122. ISIS, Iraq, and the War in Syria: Military Outlook
- Author:
- Jeffrey White
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- Events on the battlefield will reveal the true effects of the crisis, but the ISIS campaign in Iraq could ultimately help the Syrian opposition and hurt the Assad regime.
- Topic:
- Terrorism, Armed Struggle, and Sectarian violence
- Political Geography:
- Iraq, Middle East, and Syria
39123. The Political Origins of the Africa's Economic Revival
- Author:
- Robert H. Bates and Steven Block
- Publication Date:
- 04-2014
- Content Type:
- Working Paper
- Institution:
- Weatherhead Center for International Affairs, Harvard University
- Abstract:
- Writing in the 1990's, William Easterly and Ross Levine famously labeled Africa a "growth tragedy." Less than twenty years later, Alwyn Young noted Africa's "growth miracle," while Steven Radelet less effusively pointed to an Africa that was"emerging" and noted its rising rate of economic growth, improving levels of education and health care, and increasing levels of investment in basic infrastructure: roads, ports, and transport. In this paper, we address Africa's economic revival. In doing so, we also stress the political changes that have taken place on the continent. Once notorious for its tyrants – Jean – Bedel Bokassa, Idi Amin, and Mobutu Sese Seko, to name but three – in the 1990s, Africa joined the last wave of democratization; self-appointed heads of state were replaced by rulers chosen in competitive elections. In this paper, we assert that the two sets of changes – the one economic and the other political – go together, and that, indeed, changes in Africa political institutions lent significant impetus to its economic revival.
- Topic:
- Development, Economics, and Reform
- Political Geography:
- Africa
39124. How to enhance labor provisions in IIAs,
- Author:
- Rafael Tamayo-Álvarez, Maria Alejandra Gonzalez-Perez, and Juan David Rodriguez-Rios
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- Free trade agreements (FTAs) and international investment agreements (IIAs) are regarded as instruments to promote world trade, investment flows and market liberalization. The question, however, is whether they promote sustainable development as well. This Perspective contemplates incorporating voluntary codes of conduct for multinational enterprises (MNEs) in IIAs to strengthen the protection of labor rights, "the social component [...] embedded in the notion of sustainable development."
- Topic:
- Economics, International Cooperation, International Trade and Finance, and Labor Issues
39125. Education Reform in Pakistan
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- International Crisis Group
- Abstract:
- In April 2010, the eighteenth constitutional amendment committed Pakistan to free and compulsory education for all children between the ages of five and sixteen. Yet, millions are still out of school, and the education system remains alarmingly impoverished. The madrasa (religious school) sector flourishes, with no meaningful efforts made to regulate the seminaries, many of which propagate religious and sectarian hatred. Militant violence and natural disasters have exacerbated the dismal state of education. Earthquakes and floods have destroyed school buildings in Balochistan, Sindh, Khyber Pakhtunkhwa (KPK) and Punjab, disrupting the education of hundreds of thousands of children. Militant jihadi groups have destroyed buildings, closed girls' schools and terrorised parents into keeping daughters at home; their attacks made global headlines with the shooting of schoolgirl and education activist Malala Yousafzai in October 2012. The public education system needs to foster a tolerant citizenry, capable of competing in the labour market and supportive of democratic norms within the country and peace with the outside world.
- Topic:
- Education, Islam, Terrorism, and Reform
- Political Geography:
- Pakistan and Asia
39126. Protecting China's Overseas Interests: The Slow Shift away from Non-interference
- Author:
- Mathieu Duchâtel, Oliver Bräuner, and Zhou Hang
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Stockholm International Peace Research Institute
- Abstract:
- Chinese foreign policy is slowly shifting away from a strict interpretation of non-interference, towards a pragmatic and incremental adaptation to new challenges to China's globalizing economic and security interests. Although there has always been a degree of flexibility in Chinese foreign policy regarding non-interference, even during the Maoist period, the principle has by and large remained a key guideline for diplomatic work and a major rhetorical tool.
- Topic:
- Foreign Policy and Governance
- Political Geography:
- China and Asia
39127. Women's Political Participation In Sub-Saharan Africa
- Author:
- Aili Mari Tripp
- Publication Date:
- 05-2014
- Content Type:
- Working Paper
- Institution:
- Social Science Research Council
- Abstract:
- One of the most interesting developments in African politics since the mid- 1990s has been the increase in women's political participation. Women are becoming more politically engaged and seeking representation at all levels, from local government to legislatures and even executive office. To state the obvious, access to political power is important to groups that have historically been excluded from formal and informal politics because it means being able to have control over basic decisions affecting one's life in areas including health, education, and access to land and resources, among many others. Many women seek power to affect how justly resources are divided in society and how equitably policy decisions are made.
- Topic:
- Human Rights and Political Activism
- Political Geography:
- Africa
39128. The International Society for Public Law - Call for Papers and Panels; Van Gend en Loos - 50th Anniversary; Vital Statistics; Roll of Honour; Quantitative Empirical International Legal Scholarship; In this Issue
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- On 26–28 June 2014, in Florence, the European University Institute and NYU–La Pietra will host the Inaugural Conference of the newly established International Society of Public Law (ICON.S).
- Political Geography:
- Europe
39129. The End of Geography: The Changing Nature of the International System and the Challenge to International Law
- Author:
- Daniel Bethlehem
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This lecture, inaugurating a lecture series in honour of Sir Elihu Lauterpacht, looks at the changing place of geography in the international system and the challenges that this poses to international law, from the central place of geography in the Westphalian legal order to its less certain place in the rapidly globalizing and diffuse international society of the present day. Examining these issues through the contrasting prisms of the principal political organs of the United Nations in New York, on the one hand, and the UN Specialized Agencies centred in Geneva, on the other, the lecture also explores these issues by reference to Thomas Friedman's thesis that The World Is Flat. The lecture concludes by identifying a number of areas of international law, and the international legal system, that will require creative thinking in the period to come to reflect the diminishing importance of geography.
- Topic:
- International Law
- Political Geography:
- New York
39130. The End of Geography: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem
- Author:
- David S. Koller
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This article responds to Daniel Bethlehem's assertions that globalization is diminishing the importance of geography, and thereby challenging the Westphalian order on which international law is constructed. It contends that international law does not take geography as it is but actively creates and sustains a state-based geography. It argues that the challenges Bethlehem identifies are not new but are inherent in international law's efforts to impose a state-based order on a global world. The question is not whether international lawyers will respond to these challenges, but how they will respond. Will they follow Bethlehem in reinforcing a statist order, or will they place sovereignty of states in the service of the global human community?
- Topic:
- Globalization and International Law
- Political Geography:
- New York and Europe
39131. The Ever-Ending Geography of International Law: The Changing Nature of the International System and the Challenge to International Law: A Reply to Daniel Bethlehem
- Author:
- Carl Landauer
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Daniel Bethlehem makes a convincing case in 'The End of Geography' that the growing challenges of our contemporary world require a move from our state-centred international legal system. This reply places Bethlehem's voice among a growing list of those who either describe or prescribe a move from the traditional Westphalian state system. It argues, however, that the challenges have always been transboundary and that the Westphalian state system has never been as strong or as long-lived as envisaged by its critics.
- Topic:
- International Law
- Political Geography:
- New York and Europe
39132. A Constant Craving for Fresh Brains and a Taste for Decaffeinated Neighbours
- Author:
- Maria Artistodemou
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This article is a radical rethinking of public international law through the use of Lacanian psychoanalysis. Its central thesis is that while contemporary scholarship addresses what Lacan calls the symbolic and imaginary registers including law, politics, and ideology, it continues to ignore and repress the dimension of the real. The article illustrates this with a clinical example examined by Kris and discussed by Lacan. Imagining public international law as an indefatigable neurotic in search of 'fresh brains', the article shows why meeting her in the domains of law and politics is not enough to satiate her appetite. What continues to resist is the 'extimate', the inhuman element within the human that the subject hides so well from herself that it is excluded in the interior. A major instance of the extimate is the 'caffeinated neighbour', that is, the neighbour who is not in our image because her disturbing core has not been subtracted. The article argues that unless international law comes to terms with this inevitably ugly and obscene core, in oneself as well as in the neighbour, it cannot hope to achieve any meaningful changes. That the need to recognize the extimate is the ethical demand facing international law now; unless we address it, our symptoms will continue to grow and we will continue to crave fresh brains.
- Topic:
- International Law
- Political Geography:
- New York
39133. The Beneficiaries of TRIPs: Some Questions of Rights, Ressortissants and International Locus Standi
- Author:
- Christopher Wadlow
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The rights and remedies of private parties under the three principal global treaties for the protection of intellectual property are restricted to persons having the status of ressortissants under the relevant treaty, and by the general law of diplomatic protection. Two largely neglected issues arise in relation to ressortissants, which the treaties do not expressly resolve. The first concerns whether the obligations which state A assumes towards the nationals of state B can be enforced by states other than B. The second is whether the obligations assumed by a state under one of these treaties extend to that state's own nationals. It is suggested that the Bananas III and Havana Club decisions have effectively resulted in unlimited locus standi for WTO members to complain of breaches of TRIPs, including the incorporated provisions of the Paris and Berne conventions. The answer to the second question is more tentative, but it is suggested that there may be greater opportunities for arguing that the provisions of TRIPs are binding on states in relation to their own nationals, including incorporated Paris and Berne Articles, than there were under either of those earlier treaties on their own.
- Topic:
- International Law
- Political Geography:
- Europe and Paris
39134. Revisiting Van Gend en Loos: A Joint Symposium with the International Journal of Constitutional Law (I.CON)
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I.CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
- Topic:
- Development
- Political Geography:
- Europe
39135. Van Gend en Loos: The Individual as Subject and Object and the Dilemma of European Legitimacy (Abstract only)
- Author:
- J.H.H. Weiler
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Fifty years have passed since the European Court of Justice gave what is arguably its most consequential decision: Van Gend en Loos. The UMR de droit comparé de Paris, the European Journal of International Law (EJIL), and the International Journal of Constitutional Law (I•CON) decided to mark this anniversary with a workshop on the case and the myriad of issues surrounding it. In orientation our purpose was not to 'celebrate' Van Gend en Loos, but to revisit the case critically; to problematize it; to look at its distinct bright side but also at the dark side of the moon; to examine its underlying assumptions and implications and to place it in a comparative context, using it as a yardstick to explore developments in other regions in the world. The result is a set of articles which both individually and as a whole demonstrate the legacy and the ongoing relevance of this landmark decision.
- Topic:
- Development and Law
- Political Geography:
- Europe
39136. The Premises, Assumptions, and Implications of Van Gend en Loos: Viewed from the Perspectives of Democracy and Legitimacy of International Institutions
- Author:
- Eyal Benvenisti and George W. Downs
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- In its Van Gend en Loos judgment, the ECJ assigned citizens directly enforceable rights vis-à-vis their respective state executives, and authorized national courts to protect those rights. What explains the Court's suspicion of state executives as the sole actors to implement Community law (acting directly or through the Commission)? What justifies its confidence in the ability of the national courts to protect the individuals? We submit that the ECJ was informed by the premise that national courts acting in unison could withstand political pressures and protect individuals while implementing the Treaty. Moreover, the ECJ understood that its interaction with national courts would put it in a position potentially to offer significant support for citizens of relatively weaker countries against various predatory policies employed by the more powerful states in the organization. In this article we explore these premises and present evidence to support them. More generally, we argue that there is good reason to endorse this model of judicial activism as a means to ensure democracy as judged by the effective and informed participation of individuals in public decision-making that affects them – within international organizations. This judgment demonstrates the promise of greater interaction and coordination between national and international tribunals in preventing democratic failures at both the national and international levels. Although judicial intervention often pre-empts public deliberation, it can also encourage it; although it may operate to pre-empt the vote, it can also function to ensure it.
- Topic:
- International Organization
- Political Geography:
- Belgium and Netherlands
39137. What Van Gend en Loos Stands For (Abstract only)
- Author:
- Damian Chalmers and Luis Barroso
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 105–134 doi:10.1093/icon/mou003 Three transformational developments flowed from Van Gend en Loos: the central symbols and ideals of EU law; an autonomous legal order with more power than traditional treaties; and a system of individual rights and duties. The judgment also set out how each of these developments was to be deployed. The symbols and ideals were set out to proclaim EU authority rather than to go to what the EU did. What the EU did was, above all, government through law. The EU legal order was conceived, above all, therefore, as a vehicle for the expression of EU government. This, in turn, shaped the allocation of individual rights which were predominantly granted only where they furthered the realization of the collective objectives of EU government. Conceiving EU law as governmental law also left a profound and negative effect on EU legal meaning. This became shaped by EU law being reduced to something to sustain activities valued by EU government rather than to provide a wider, more emancipatory imaginary.
- Topic:
- Development and Government
- Political Geography:
- Europe
39138. The Duality of Direct Effect of International Law
- Author:
- André Nollkaemper
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This article assesses how, 50 years after the ECJ delivered its judgment in Van Gend en Loos (VGL), the doctrine of direct effect of international law has fared outside the European Union. While obviously the core of VGL (that is, that it is EU law, not national law, which requires direct effect) is not replicated anywhere else in the world, the courts of a considerable number of states have been able to give direct effect to international law. Against the background of an exceedingly heterogeneous practice, this article argues that the concept of direct effect is characterized by a fundamental duality. Direct effect may function as a powerful sword that courts can use to pierce the boundary of the national legal order and protect individual rights where national law falls short. But more often than not, the conditions of direct effect legitimize the non-application of international law and shield the national legal order from international law. International law provides support for both functions. But above all, it defers the choice between these functions to national courts. The practice of direct effect of international law exposes how national courts play a critical political function at the intersection of legal orders.
- Topic:
- International Law
- Political Geography:
- Europe
39139. Revolutionizing European Law: A History of the Van Gend en Loos Judgment (Abstract only)
- Author:
- Morten Rasmussen
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This is the abstract only. The full article is published in Int J Constitutional Law (2014) 12 (1): 136–163 doi:10.1093/icon/mou006 Did the famous Van Gend en Loos judgment constitute a breakthrough for a constitutional practise in European law or was it merely drawing the logical legal consequences of earlier case law and of the Treaties of Rome? Based on comprehensive archival studies, this article argues that neither earlier case law nor the Treaties of Rome can fully account for the judgment. Instead, Van Gend en Loos represented a genuine revolution in European law. Prompted by the legal service of the European Commission, the European Court of Justice (ECJ) took a decisive step towards addressing two major problems of international public law, namely the lack of uniform application of European law by national courts across the six member states and the lack of primacy granted to international law in several member states. The judgment was based on a new teleological and constitutional understanding of the Treaties of Rome developed by the legal service, and took the first step towards establishing an alternative enforcement system. The ECJ would already in 1964 take the second step by introducing primacy in the Costa v. E.N.E.L. judgment. The new enforcement system remained highly fragile, however, due to the dependency on the cooperation of national courts through the preliminary reference system. As a result, the full effects of the Van Gend en Loos judgment were only felt after the Single European Act (1986) pushed reluctant national governments and courts to finally come to terms with the legal order the ECJ had developed.
- Topic:
- Government and Law
- Political Geography:
- Europe
39140. Direct Effect of International Agreements of the European Union
- Author:
- Francesca Martines
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The Van Gend en Loos (VGL) decision established the conceptual premises of a crucial issue to shape the relationships between the European Union and international law: the function of direct effect as a powerful instrument to guarantee that the rules of one system are complied with in another legal order. However, if compared with direct effect of EU legal rules, the issue of the effects of EU international agreements is made more complicated by the combination of the more traditional question of the self-executing character of international agreement provisions and the narrow meaning of direct effect. The former issue, strongly affected by the technique of incorporation and the rank of international law obligations within the incorporating legal order, goes to the heart of the constitutional architecture of the EU legal order where a balance is to be found between the obligation to comply with international law and the integrity of the EU legal order. The latter notion concerns instead the relationship between the private person and the legal rule and defines the special character of the EU which distinguishes it from international law. Since such a quality of EU rules cannot be automatically applied to international law rules incorporated in the EU legal order it must be verified case by case. This is the reason why, for the present author, the double test approach, first applied by the ECJ in VGL, is the right test to determine direct effect of EU international agreements, but cannot be applied to verify the self-executing effect of international law in the traditional (broader) meaning.
- Topic:
- International Law
- Political Geography:
- Europe
39141. The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections (Abstract only)
- Author:
- Sophie Robin-Olivier
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Focusing on the case law developed by the Court of Justice of the European Union since Van Gend en Loos, this article contends that three important shifts occurred concerning the effects of EU law in national courts since that case was decided. First, the existence of a particular category of ('direct effect') EU norms, which implies a process of selection among EU law provisions, is no longer as problematic as the method of comparison and combination of norms in judicial reasoning that has become a vehicle for the penetration of EU law in courts. Second, the possibility for individuals to claim (subjective) rights on the basis of the Treaty is overshadowed by questions concerning obligations imposed by the Treaty on individuals, and more generally, on the methods through which this horizontal effect occurs. Third, the duty for national courts to apply EU law provisions directly (direct enforcement) is now coupled with one prior question that these courts have to address, and which has become much more sensitive than before in view of the growing centrality of fundamental rights' protection in the EU system: the question of the applicability of EU and national (constitutional) law. Having examined these three shifts, the article concludes that it has become urgent to reconsider the effects of EU law in member states in order to avoid a decline of individual rights and freedoms resulting from EU law enforcement. Thus, 'Revisiting Van Gend en Loos' leads to a reflection on the hypothesis, in which EU law should yield and national courts should be granted more discretion, when confronted with the resisting substance of national law (especially fundamental rights or freedoms protected by national constitutions).
- Topic:
- Law
- Political Geography:
- Europe
39142. Fostering Pro-social Behaviour Online: 'Nudges' in the Right Direction
- Author:
- Nadica Pavlovska
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
- Abstract:
- The internet penetration and the consequent creation of hyper-connected reality has exposed the Singaporean population to much more diversity of thoughts and influences. In this environment, efforts to maintain social cohesion and multicultural tolerance among the population is now even more challenging. In light of this, this paper attempts to explore the means available to maintain pro-social behaviour and build a culture of respect online. By assessing the current measures undertaken in Singapore, this paper argues that the majority of the strategies are “mind changing” such as education and awareness raising campaigns. However, by taking into account the specificity of the internet interaction, it is suggested that these strategies could be further enhanced by adopting a “context changing” approach in the online interaction by using specific behaviour influencers such as social norms, priming and messenger approach.
- Topic:
- Education, Science and Technology, Multiculturalism, and Reform
- Political Geography:
- Asia and Singapore
39143. Assessing the responses of the Chinese media and research community to the Ukrainian crisis
- Author:
- Chris Alden
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- Norwegian Centre for Conflict Resolution
- Abstract:
- Assessments of the official Chinese reaction to the crisis in Ukraine have focused primarily on China's abstention in the vote on a UN Security Council resolution condemning Russian actions and, to a lesser degree, on the three-pronged Chinese proposal for addressing the crisis. However, by examining an array of Chinese sources, including media reports, editorials, and research think-tank publications, a number of viewpoints are presented that provide a better sense of the scope of Chinese thinking on the subject. These concentrate on the notion of Chinese neutrality, Western interference, the domestic sources of the Ukrainian crisis, and possible policy options available to Chinese decision-makers. Understanding these provides a more nuanced understanding of Chinese reactions to the Ukrainian crisis and its possible significance for China.
- Topic:
- Foreign Policy and Mass Media
- Political Geography:
- Russia, China, Ukraine, and Asia
39144. South Africa's response to the Ukrainian crisis
- Author:
- Elizabeth Sidiropoulos
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- Norwegian Centre for Conflict Resolution
- Abstract:
- South Africa did not join in the chorus of condemnation against Russia's annexation of the Crimea, instead adopting a position that in part mirrored language used by Russia to explain its actions, but in other ways reflected key principles of South African foreign policy. Together with its fellow BRICS members, South Africa opposed the imposition of sanctions and was critical of suggestions that Russia might be excluded from the G-20 Summit in Australia later in the year. Non-interference in the internal affairs of states and the inviolability of borders have been central organising principles of African affairs since decolonisation. South Africa's approach must be understood in the context of a desire to see the balance of forces change to reflect the rise of emerging powers. The West's unilateral actions since the end of the cold war have not sat well with the South African government. Civil society elements aligned to the ruling tripartite alliance have condemned what they perceive as Western propaganda against Russia and the West's involvement in stirring unrest in Maidan Square, Kiev. Furthermore, from a realpolitik perspective, South Africa accords its alliance with the BRICS states high priority. Yet, as a relatively small country, it is in South Africa's interests to encourage adherence to a set of global rules that are respected by all.
- Topic:
- Foreign Policy and Sovereignty
- Political Geography:
- Africa, Russia, Ukraine, and South Africa
39145. Bail-in Provisions in State Aid and Resolution Procedures: Are they consistent with systemic stability?
- Author:
- Stefano Micossi, Ginevra Bruzzone, and Miriam Cassella
- Publication Date:
- 05-2014
- Content Type:
- Policy Brief
- Institution:
- Centre for European Policy Studies (CEPS)
- Abstract:
- In July 2013, the European Commission adopted a new Banking Communication – the seventh since the start of the financial crisis – updating its criteria for the evaluation of state aid in the banking sector in response to the evolving economic and institutional environment. Under this Communication, any credit institution in need of recapitalisation or 'impaired asset' measures will be required, prior to any further action, to submit a plan for restructuring or the orderly winding down the bank. Moreover, whenever there is a capital shortfall, the Commission will require that, prior to any injection of public funds, not only shareholders – as has been the case so far – but also junior creditors write down or convert into equity their claims on the bank, regardless of whether the bank is under resolution, in order to minimise the need for state aid.
- Topic:
- Economics, International Trade and Finance, and Monetary Policy
- Political Geography:
- Europe
39146. IMF Lending Practices and Sovereign Debt Restructuring
- Author:
- Domenico Lombardi, James M. Boughton, and Skylar Brooks
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The IMF has struggled for decades to develop a set of lending practices that enable sovereign borrowers to resolve serious debt problems and restore economic growth, but also respect the right of private financial markets to enter into and enforce contractual obligations. The challenge has always been to operate under a well-defined set of principles while dealing with each situation in a way that takes account of relevant circumstances. Recently, the international financial crisis that began in 2008 and the subsequent European sovereign debt crisis have raised this challenge to new heights. In providing €30 billion to Greece — the largest financial package ever granted to a single country — the IMF invoked greater discretion in its lending decisions to counteract potential "systemic" crises. By doing so, it entered a program without a restructuring agreement.
- Topic:
- Debt, Economics, International Trade and Finance, International Monetary Fund, and Reform
39147. Sovereign Debt Crisis Management: Lessons from the 2012 Greek Debt Restructuring
- Author:
- Miranda Xafa
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The 2012 Greek debt exchange was a watershed event in the euro area debt crisis. It generated fears of contagion and was viewed as a threat to the euro itself. Although it achieved historically unprecedented debt relief, amounting to €106 billion (55 percent of GDP), it was “too little, too late” in terms of restoring Greece's debt sustainability. There is a heated debate as to whether the debt restructuring should have taken place sooner, when Greece's adjustment program was agreed to in May 2010. This paper argues that a deep haircut up front, under threat of legislative action, would have been seen as unnecessary and deeply coercive. But delaying the restructuring beyond mid-2011, when it became clear that Greece's debt was unsustainable, was unjustified. The delay reduced the stock of privately held debt subject to a haircut, possibly making an official debt restructuring inevitable down the road. Initial fears that the Greek debt restructuring would pose a serious threat to the euro area's financial stability proved to be exaggerated. On the contrary, it demonstrated that an orderly default involving a pre-emptive debt restructuring is possible in a monetary union, provided appropriate firewalls are in place to limit contagion risks. With crisis management institutions and procedures now in place in the euro area, and with much stricter fiscal surveillance, the Greek experience is likely to remain unique in the history of debt restructurings; however, some lessons can be learned from its specific features.
- Topic:
- Debt and Governance
- Political Geography:
- Europe and Greece
39148. Somalia: Al-Shabaab - It Will Be a Long War
- Publication Date:
- 06-2014
- Content Type:
- Policy Brief
- Institution:
- International Crisis Group
- Abstract:
- Despite the recent military surge against Somalia's armed Islamist extremist and self-declared al-Qaeda affiliate, Al-Shabaab, its conclusive "defeat" remains elusive. The most likely scenario – already in evidence – is that its armed units will retreat to smaller, remote and rural enclaves, exploiting entrenched and ever-changing clan-based competition; at the same time, other groups of radicalised and well-trained individuals will continue to carry out assassinations and terrorist attacks in urban areas, including increasingly in neighbouring countries, especially Kenya. The long connection between Al-Shabaab's current leadership and al-Qaeda is likely to strengthen. A critical breakthrough in the fight against the group cannot, therefore, be achieved by force of arms, even less so when it is foreign militaries, not the Somalia National Army (SNA), that are in the lead. A more politically-focused approach is required.
- Topic:
- Security, Islam, Terrorism, and Armed Struggle
- Political Geography:
- Africa and Somalia
39149. Full Issue
- Author:
- Haider Ali Hussein Mullick
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Journal:
- Fletcher Security Review
- Institution:
- The Fletcher School, Tufts University
- Abstract:
- No abstract is available.
- Political Geography:
- United States, China, and North Korea
39150. Is There a Case – Legally and Politically – for Direct Effect of WTO Obligations?
- Author:
- Hélène Ruiz Fabri
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- WTO law does not require its direct effect in domestic legal orders. Whilst the stances taken in these are diverse, showing that direct effect is not denied on the whole to WTO law, all the major trading members of the WTO deny it. The fact that, in a case where a WTO member does not comply and is targeted by trade sanctions, the economic actors who in practice bear the burden of these sanctions are deprived of any recourse, may be considered unfair enough to question again the denial of direct effect. The analysis focuses notably on the EU where the debate has expanded more than anywhere else and concludes that direct effect should, even in the name of fairness or justice, be handled with caution.
- Topic:
- International Law
- Political Geography:
- Europe
39151. Waiting for the Existential Revolution in Europe (Abstract only)
- Author:
- Jan Komarek
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This essay argues, contrary to the widespread beliefs that prevailed after 1989, that the experience of post-communist countries and their peoples, both before and after 1989, can bring something new to our understanding of Europe's present predicament: sometimes as an inspiration, sometimes as a cautionary tale. The lessons offered by post-communist Europe concern some deeply held convictions about the very nature of the EU and its constitutional structure. Only if this experience is absorbed in Europe as its own will post-communist countries truly return to Europe – and Europe become united. The cautionary tales of post-communist Europe concern the worrying consequences of the suppression of social conflicts 'in the name of Europe'. Such conflicts often get translated into identitary politics, which in the context of European integration often turn against the Union. The second lesson concerns the ill fate of Havel's existential revolution. The attempts of some European constitutionalists to reform individualistic emphasis of the integration project are problematic for the same reason: they turn attention away from politics, where real solutions need to be found. This relates to the third suggestion made here: that the experience of living in a collective dream of socialism can be used as an inspiration rather than as something that needs to be erased from the collective memory of Europe.
- Political Geography:
- Europe
39152. Is Global Constitutionalism Meaningful or Desirable?
- Author:
- Michel Rosenfeld
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Upon conceiving constitutionalism on the scale of the nation-state as transparent and unproblematic, one may think global constitutionalism to be a mere utopia. On closer analysis, however, legitimation of nation-state constitutionalism turns out to be much more complex and contested than initially apparent, as becomes evident based on the contrast between liberal and illiberal constitutionalism. Upon the realization that nation-state liberal constitutionalism can only be legitimated counterfactually, the social contract metaphor emerges as a privileged heuristic tool in the quest for a proper balance between identity and difference. Four different theories offer plausible social contract justifications of nation-state liberal constitutionalism: a deontological theory, such as those of Rawls and Habermas, which privileges identity above difference; a critical theory that leads to relativism; a thick national identity based one that makes legitimacy purely contingent; and a dialectical one that portrays the social contract as permanently in the making without any definitive resolution. Endorsing this last theory, I argue that differences between national and transnational constitutionalism are of degree rather than of kind. Accordingly, it may be best to cast certain transnational regimes as constitutional rather than as administrative or international ones.
- Topic:
- International Law
- Political Geography:
- France and Netherlands
39153. Roaming Charges: Moments of Dignity: Prepping for the Prewedding Photograph, Peking
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- We deal in EJIL with the world we live in – often with its worst and most violent patholo-gies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our schol-arly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photo-graph: people shot up; the ravages of pollution and all other manner of photojournalism. 'Roaming', 'Charges', and those irritating 'Roaming Charges' – was chosen because of the multiple and at times conflicting meanings, feelings and associations the words, jointly and severally, evoke and which we hope to capture in our choice of photo-graphs. As we roam around the world we aim for images which charge us: please and challenge, even irritate, at the same time. We seek photos which have some ambiguity, are edgy and relate in an indirect way, both to the current circumstance but also to that which is, like human dignity, permanent and enduring.
- Political Geography:
- Europe
39154. Domestic Implementation of Human Rights Judgments in Europe: Legal Infrastructure and Government Effectiveness Matter
- Author:
- Alina Mungiu-Pippidi and Dia Anagnostou
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Over the past couple of years, international law and international relations scholarship has shifted its focus from the question of whether human rights treaties bring any state-level improvements at all to investigations in the domestic context of the factors and dynamics influencing state compliance. In this direction, and focusing on the European Court of Human Rights, this study inquires into the factors that account for variable patterns of state compliance with its judgments. Why do national authorities in some states adopt a more prompt and responsive attitude in implementing these judgments, in contrast to other states that procrastinate or respond reluctantly? On the basis of a large-N study of the Strasbourg Court's judgments and a comparison across nine states, this article argues that variation in state implementation performance is closely linked to the overall legal infrastructure capacity and government effectiveness of a state. When such capacity and effectiveness are high and diffused, the adverse judgments of the Strasbourg Court are unlikely to be obstructed or ignored, even when the government, political elites, or other actors are reluctant and not in favour of substantive remedies.
- Topic:
- International Relations and International Law
- Political Geography:
- Europe
39155. Domestic Implementation of European Court of Human Rights Judgments: Legal Infrastructure and Government Effectiveness Matter: A Reply to Dia Anagnostou and Alina Mungiu-Pippidi
- Author:
- Erik Voeten
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- This article responds to the valuable contribution by Dia Anagnostou and Alina Mungiu- Pippidi in which they analyse how nine countries implemented European Court of Human Rights judgments that found violations of Articles 8–11 of the European Convention on Human Rights. Their conclusion that capacity plays an important role in the implementation of ECtHR judgments is certainly correct. In this short response, I highlight various aspects of the authors' analysis where they make problematic choices with regard to data and statistical methods. First, I describe and use a more comprehensive dataset that allows us to reach more generalizable conclusions. Secondly, I show how survival analysis is a more appropriate framework than logit or linear regression for analysing these data. Thirdly, I argue that the difficulty of the implementation task needs to be accounted for in any analysis of cross-country variation in implementation. My re-analysis shows that low capacity countries attract judgments that are more difficult to implement. The analysis also uncovers a subtle relationship between time, institutional capacity, and checks and balances. High capacity helps willing politicians to implement judgments quickly. Yet, among judgments that have been pending longer, countries with higher capacity are no quicker to implement than lower capacity countries. By contrast, checks and balances initially slow down implementation but help to eventually ensure begrudging implementation.
- Topic:
- Human Rights
- Political Geography:
- Europe
39156. UN Immunity or Impunity? A Human Rights Based Challenge
- Author:
- Rosa Freedman
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- National courts have long understood the UN to have absolute immunity from their jurisdiction, based upon provisions in the UN Charter and the Convention on Privileges and Immunities of the UN. While state immunity has evolved over recent decades, allowing restrictive immunity that distinguishes between acts jure imperii and those jure gestionis, questions have arisen as to whether that doctrine applies to international organizations and, specifically, the UN. The counterbalance to the UN's absolute immunity is the requirement that it provide alternative mechanisms for resolving disputes. This raises concerns about accountability and internal review. Case law from various courts demonstrates an increasing willingness to attempt to challenge absolute immunity on the basis that the bar to jurisdiction violates claimants' rights to access a court and to a remedy. In all of those cases, individuals' ability to access alternative mechanisms for dispute resolution has been used to show that their rights have been realized. Recent events concerning the 2010 cholera outbreak in Haiti may lead to a challenge to the UN's absolute immunity. The UN has deemed those claims to be 'not receivable', which denies the claimants their rights to access a court and to a remedy. In October 2013, lawyers for the Haiti cholera victims filed a class action in the Southern District of New York, seeking to challenge the UN's immunity by bringing the Organization before a national court. This article explores whether the events in Haiti may provide the first successful, human rights-based challenge to the UN's absolute immunity.
- Topic:
- Human Rights
- Political Geography:
- New York
39157. An International Lawyer in Democracy and Dictatorship – Re-Introducing Herbert Kraus
- Author:
- Heiko Meiertöns
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Herbert Kraus (1884–1965) is among the forgotten international lawyers of the 20th century. Kraus took part in a number of developments of great importance for the shaping of modern international law: he participated in the drafting process of the Versailles Peace Treaty and the Treaty on the European Coal and Steel Community and acted as defence counsel at Nuremberg. The founding director of the Institute for International Law at the University of Göttingen was forced to retire between 1937 and 1945 due to his criticism of National Socialism. The post-war perception of his work was coined by his forced retirement. However, his work between 1933 and 1937 sheds light on the dilemma of choosing between opposition and adjustment that Kraus was faced with during that period. This article re-introduces Kraus – a complex German character of international law – and the main features of his work.
- Topic:
- International Law
- Political Geography:
- New York
39158. Towards a Global History of International Law? Editor's Note
- Author:
- Alexandra Kemmerer
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- As usual, international law comes in late. It was already in the golden years of new world orders and geopolitical shifts after the end of the Cold War that historiography began its global turn. Of course, there had been pioneers and path-breakers before, but it was only in the 1990s that an ambiance of globalization and trans-nationalization triggered new approaches on a larger scale. An actual experience of political, economic and cultural interconnectedness put historiographical emphasis on transfers, networks, connections and cooperation, on transformation and translation.Historical analysis was called to overcome not only the boundaries of the nation-state, but also the limitations of material and epistemic Eurocentrism in its various forms. During the past decade, there has been a growing interest in global histories in many parts of the world.
- Topic:
- International Law
- Political Geography:
- Africa and Europe
39159. The Spectre of Sources
- Author:
- Rose Parfitt
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The editors of this impressive and timely volume, Anne Peters and Bardo Fassbender, begin their Introduction (at 2) with the following statement of purpose: [W]e, the editors and authors, [have] tried to depart from ... the 'well-worn paths' of how the history of international law has been written so far — that is, as a history of rules developed in the European state system since the 16th century which then spread to other continents and eventually the entire globe.
- Topic:
- International Law
- Political Geography:
- Europe
39160. Sleepy Side Alleys, Dead Ends, and the Perpetuation of Eurocentrism
- Author:
- Stefan B. Kirmse
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- My reading of The Oxford Handbook of the History of International Law, edited by Bardo Fassbender and Anne Peters, has undoubtedly been framed by my own field of research. This field is not international law, but the historical anthropology of Russia and Eurasia and includes changing legal practice in a context of increasing global connectedness. My review is therefore not intended to relate the Oxford Handbook to the wider historiography of international law, which I leave to other contributions in this symposium; it is meant to offer an external perspective on the question of Eurocentric analysis. The editors of the Handbook have identified Eurocentrism as one of the key challenges to overcome in the study of international law.
- Topic:
- International Law
- Political Geography:
- Russia and Persia
39161. Is there a Role for Islamic International Law in the History of International Law?
- Author:
- Nahed Samour
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Overcoming Eurocentrism is one of the self-proclaimed aims of the editors of The Oxford Handbook of the History of International Law. In the following, I shall offer a critique of the Handbook from a largely Islamic international law perspective as (but) one example of a supranational non-European legal system. The depth of the volume covering a variety of times, spaces, and themes provides us with a much awaited tool against the 'gaps' and the 'forgetfulness' of how today's doctrines and practices of international law came about, not shying away from the voices that question the narrative of international law serving peace and justice. The Handbook is therefore laudable for a number of things.
- Topic:
- International Law and Islam
- Political Geography:
- Europe
39162. Statelessness: An Invisible Theme in the History of International Law
- Author:
- Will Hanley
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- The Oxford Handbook is a welcome and necessary intervention in the history of international law. In the introduction, the editors signal their reformist programme: out with the progressive, triumphalist narrative; in with the dark side of international law and its side tracks outside the European experience. In addition to this programme, the project displays two further signs of its serious intent to change the field. First, the authors embarked on a truly collective project, including a week of face-to-face consultation, in a rare effort to define a reasonably unified agenda. Scholarly redirection is a social as well as an intellectual undertaking, and the community built around this volume marks its purposefulness. Secondly, the book's scope is massive: more than five dozen chapters, more than three dozen authors, and more than 1,000 pages of text provide the bulk necessary to accomplish the paradigm shift that the editors intend. The extensive range of the book, especially in its 'Regions' section, does what is necessary to transform globalizing intent into actuality. It is a foundational volume, and any scholarly edifice building upon it will have a broader footprint than was previously possible.
- Topic:
- International Law
- Political Geography:
- Europe
39163. Overcoming Eurocentrism? Global History and the Oxford Handbook of the History of International Law
- Author:
- Anne-Charlotte Martineau
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Last Spring, the Rechtskulturen programme, an initiative of the Wissenschaftskolleg zu Berlin at the Transregionale Studien Forum, invited me to participate in a symposium on the Oxford Handbook of the History of International Law – a robust book of 1250 pages. I was asked to 'critically assess' the Handbook's 'global history' approach, that is, to assess whether it was a successful step in 'overcoming Eurocentrism' in the history of international law. The symposium turned out to be a wonderful event, a gathering of historians, anthropologists, political scientists, and lawyers, where I became very conscious of my own professional language but where I also experienced a willingnesss to transcend disciplinary boundaries and biases. The following remarks should be interpreted as a continuation of that discussion. Before looking at some of the contributions in the Handbook that did depart from 'well-worn paths' (to use the editors' expression) (3), I would like to say few words about the 'global history' approach (1) and the unfortunate resilience of Eurocentric voices in the Handbook (2).
- Topic:
- International Law
- Political Geography:
- Europe
39164. Prospects and Limits of a Global History of International Law: A Brief Rejoinder
- Author:
- Anne Peters and Bardo Fassbender
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- As we remarked in the Introduction to our Handbook, it is exciting but also risky to leave a well-worn path (at 2). It means meeting unforeseen obstacles. We were quite aware of the fact that if we wanted to shed light on historical developments in international law which so far had remained in darkness or obscurity, we had to be prepared to encounter the unexpected and not so readily understood – that is, accounts and narratives which call into question conventional wisdom and which, at least initially, pose additional problems rather than providing easy answers. We knew that new research on issues which had rarely been examined before would not be perfect or 'complete'. In other words, we expected, and in fact expressly invited, criticism of a work which tried to break new ground.
- Topic:
- International Law
- Political Geography:
- Europe
39165. Michael B. Gerrard and Gregory E. Wannier (eds). Threatened Island Nations. Legal Implications of Rising Seas and a Changing Climate
- Author:
- Susannah Wilcox
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- There is growing evidence that climate change-related impacts like rising sea levels, higher storm surges, and changing rainfall patterns are exacerbating existing vulnerabilities like poverty, isolation, and resource scarcity, and may eventually leave small island states uninhabitable, causing the displacement of entire populations. Among those particularly at risk are low-lying coral atoll states like Kiribati, Tuvalu, and the Republic of the Marshall Islands in the Pacific Ocean, and the Republic of the Maldives in the Indian Ocean.
- Topic:
- Poverty
- Political Geography:
- Europe, Kiribati, Marshall Islands, Tuvalu, and Maldives
39166. Michael Byers. International Law and the Arctic
- Author:
- Timo Kolvurova
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Those who follow the newspapers and media in general are led to believe that the stakes are getting higher in the Arctic. Climate change is melting the sea ice and opening up new economic opportunities: oil, gas, moving fish stocks, and shorter navigational routes are among the benefits to be had by those who are bold enough to make a move. According to the media, China and other emerging economies are claiming their own piece of the Arctic. In the scramble among states for the riches of the Arctic, we sense a scenario that may even drive states to the point of military conflict. Yet, this scramble does not take place in a legal vacuum – there are plenty of legal rules that govern the behaviour of states and other actors in the region. Indeed, this is one of the salient points that Michael Byers makes in his book.
- Topic:
- Environment, International Law, and Oil
- Political Geography:
- China
39167. Morten Bergsmo (ed.). Quality Control in Fact-Finding
- Author:
- James G. Devaney
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Quality Control in Fact-Finding is, above all else, a very welcome addition to the literature on international fact-finding. Whilst there has been a marked increase in the number of fact-finding inquiries established in the last couple of decades, this has not been matched by a similar increase in the number of scholarly studies of such inquiries. In light of both the number and high-profile nature of such inquiries, the absence of scholarship focusing squarely on the contemporary role of inquiries up to the present day seems like an oversight.
39168. Bhopal
- Author:
- Keith Ekiss
- Publication Date:
- 02-2014
- Content Type:
- Journal Article
- Abstract:
- Narayan told me about the city in India where he once studied, a literary centre known for festivals and lively debates, crowds gathering to hear the poetry readings which, he bragged, went on forever. But when he spoke the name, my face must have shifted. Yes, he said, you've heard about the gas leak. In December, clouds covered the city and its lakes. Warnings sounded and he walked uphill to find a place above the clouds, passing many who didn't know better than to take deep breaths, because the toxins left them short of breath, drawing in the yellow poison. I didn't ask who he lost among the dead. He kept apologizing, embarrassed, repeating a story I'd heard before. All he wanted to tell me, he said, was that wherever you went today it seemed like no one read anymore.
- Political Geography:
- Bhopal
39169. Finding Bin Laden: Lessons for a New American Way of Intelligence
- Author:
- Erik J. Dahl
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- ERIK J. DAHL describes the nearly decade-long search for Osama bin Laden and what it reveals about the capabilities and the limitations of the American intelligence community. He argues that this case suggests that we may be seeing the first signs of a “new American way of intelligence” with a reduced reliance on the expensive, high-technology systems of the Cold War and a greater emphasis on broad-based intelligence fusion and analysis.
- Topic:
- Cold War
- Political Geography:
- America
39170. Building National Armies after Civil War: Lessons from Bosnia, El Salvador, and Lebanon
- Author:
- Zoltan Barany
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- THE RECENT LITERATURE ON CIVIL WARS IS WIDE and deep; a number of major studies compel us to rethink what we know about this important subject. One of the areas that has eluded concerted scholarly attention has been the question of how national armies can be developed that satisfy the imperatives of post-civil war reconciliation and democratic consolidation. This issue is at the center of this article.
- Political Geography:
- Bosnia, Lebanon, and El Salvador
39171. The Role of Political Science in China: Intellectuals and Authoritarian Resilience
- Author:
- Stephen Noakes
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- Stephen Noakes discusses the relationship between political scientists and the state in China. He argues that political scientists do more to strengthen the rule of the Chinese Communist Party than they do to undermine it, and are therefore complicit in preserving the authoritarian status quo.
- Political Geography:
- China
39172. Papers Please: State-Level Anti-Immigrant Legislation in the Wake of Arizona's SB 1070
- Author:
- Sophia J. Wallace
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- Sophia J. Wallace examines the factors that influence the introduction of SB 1070–type bills in state legislatures. She finds that Republican control of state legislatures and a rising unemployment rate greatly increase the likelihood of introducing this type of restrictive immigration bill. She asserts that Latino population changes and the percentage of Latino state legislators do not have an impact.
- Political Geography:
- Arizona
39173. Critical Junctures, Catalysts, and Democratic Consolidation in Turkey
- Author:
- Ramazan Kiling
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- Ramazan Kilinç argues that at critical junctures, structural factors weaken and actors are enabled to gain strength for future political trajectories. He applies this argument to democratic consolidation in Turkey. He finds that the 1997 military intervention unintentionally led to the eventual outcome of democratic consolidation. In the absence of this catalyst, it might have taken several more years for structural factors to generate democratization.
- Political Geography:
- Turkey
39174. Serving or Self-Serving? A Review Essay of Robert Gates's Memoir
- Author:
- Robert Jervis
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- Robert Jervis reviews Robert Gates's recently published memoir, Duty: Memoirs of a Secretary at War. The reviewer argues that the memoir is very revealing, but inadvertently so insofar as it shows for example Gates's failure to focus on the key issues involved in the decisions to send more troops to Afghanistan and his inability to bridge the gap between the perspectives of the generals and of the White House.
- Topic:
- War
- Political Geography:
- Afghanistan
39175. An Education in Politics: The Origin and Evolution of No Child Left Behind
- Author:
- Terry M. Moe
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- On substantive grounds, Jesse H. Rhodes's An Education in Politics is yet another detailed account of the history and politics of No Child Left Behind (NCLB), the watershed federal legislation adopted in 2001 that sought to bring accountability to the nation's schools. Rhodes's approach, however, is explicitly theoretical—a very good thing—and his aim is to contribute to the "institutional theory of change." Claiming that other scholars of political institutions have tended to focus either on the "agency of political entrepreneurs" or the "institutional constraints" that limit them, he argues for a unified approach that brings the two together into proper balance. His solution is a theory of "institutionally bounded entrepreneurship," which he formulates early in the book and then employs to structure the historical analysis that follows.
- Topic:
- Education and Politics
39176. Acting White? Rethinking Race in Post-Racial America
- Author:
- Jennifer L. Hochschild
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- The number of publications arguing that the United States is not post-racial despite twice electing Barack Obama to the presidency is many orders of magnitude greater than the number of publications claiming that the United States is post-racial. In fact, it is difficult to find anyone asserting post-raciality beyond one New York Times Magazine article and a few Fox News commentators around the 2008 election. Nevertheless, attacks on the purportedly common assumption continue.
- Political Geography:
- United States, America, and Germany
39177. He Runs, She Runs: Why Gender Stereotypes Do Not Harm Women Candidates
- Author:
- Jessica Robinson Preece
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- The conventional wisdom, as understood by campaign strategists and the media, is that being a woman is a liability in electoral politics. Female candidates face an impossible task—they must convey the toughness, competence, and confidence of a politician, while simultaneously conveying the warmth and modesty of a lady. Consequently, it is much more difficult for women to successfully navigate a political campaign. Anecdotal evidence supporting this conventional wisdom is easy to find. However, systematic evidence is scarce. Is it possible that the conventional wisdom is just plain wrong? Deborah Jordan Brooks contends that it is.
- Political Geography:
- United States
39178. Afghanistan from the Cold War through the War on Terror
- Author:
- Paul D. Miller
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- Political Science Quarterly
- Institution:
- Academy of Political Science
- Abstract:
- If anyone has earned the right to say "I told you so," it is Barnett Rubin. One of the foremost authorities on Afghanistan, Rubin saw earlier than most the dangers emerging from that blighted land. In his work–as author of The Fragmentation of Afghanistan, an adviser to the United Nations for several years after 2001, a professor at New York University, and an adviser to the U.S. State Department's Special Representative for Afghanistan and Pakistan from 200–Rubin worked to warn against, prevent, and mitigate the perennial crises afflicting Afghanistan and South Asia.
- Political Geography:
- Pakistan, Afghanistan, United States, and South Asia
39179. Editor's Note
- Author:
- James A. Dorn
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The Federal Reserve Act was passed on December 23, 1913. It was designed to provide an elastic currency that would respond to the needs of trade. There was nothing in the Act about price stability, interest rates, or full employment. The expectation was that the United States would continue to define the dollar in terms of gold, and that the operation of the international gold standard would ensure long-run price stability.
- Political Geography:
- United States
39180. A Limited Central Bank
- Author:
- Charles I. Plosser
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Douglass C. North, co-winner of the 1993 Nobel Prize in Economics, argued that institutions were deliberately devised to constrain interactions among parties—both public and private (North 1991). In the spirit of North's work, one theme of this article will be that the institutional structure of the central bank matters. The central bank's goals and objectives, its framework for implementing policy, and its governance structure all affect its performance.
- Political Geography:
- United States
39181. A Century of Central Banking: What Have We Learned?
- Author:
- Jerry L. Jordan
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- All of us who are interested in the century-long experience of central banking in the United States owe a great debt to Allan Meltzer. His several-years-long efforts gave us over 2,000 pages of careful documentation of decisionmaking in the Federal Reserve for the first 75 years (Meltzer 2003, 2010a, 2010b). The first score of years transformed a lender-of-last-resort, payments processor, and issuer of uniform national currency into a full-fledged central bank with discretionary authority to manage a fiat currency.
- Political Geography:
- United States
39182. Operation Twist-the-Truth: How the Federal Reserve Misrepresents Its History and Performance
- Author:
- George Selgin
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- For a private-sector firm, success can mean only one thing: that the firm has turned a profit. No such firm can hope to succeed, or even to survive, merely by declaring that it has been profitable. A government agency, on the other hand, can succeed in either of two ways. It can actually accomplish its mission. Or it can simply declare that it has done so, and get the public to believe it.
- Topic:
- Government
- Political Geography:
- United States
39183. The Need for a Price Stability Mandate
- Author:
- Athanasios Orphanides
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The founding of the Federal Reserve was a good idea, but its performance during its first hundred years has been hampered by the lack of clarity of its mandate. At times its mandate was interpreted as requiring the pursuit of multiple targets resulting in the failure to safeguard price stability over time. This article reviews the evolution of the Federal Reserve's mandate and argues that Congress should clarify the primacy of price stability as the central bank's mandate to ensure that the Federal Reserve will better safeguard monetary stability going forward.
- Political Geography:
- United States
39184. The Troubling Suppression of Competition from Alternative Monies: The Cases of the Liberty Dollar and E-gold
- Author:
- Lawrence H. White
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Proposals abound for reforming monetary policy by instituting a less-discretionary or nondiscretionary system ("rules") for a fiat-money- issuing central bank to follow. The Federal Reserve's Open Market Committee could be given a single mandate or more generally an explicit loss function to minimize (e.g., the Taylor Rule). The FOMC could be replaced by a computer that prescribes the monetary base as a function of observed macroeconomic variables (e.g., the McCallum Rule). The role of determining the fiat monetary base could be stripped from the FOMC and moved to a prediction market (as proposed by Scott Sumner or Kevin Dowd). Alternative proposals call for commodity money regimes. The dollar could be redefined in terms of gold or a broader commodity bundle, with redeemability for Federal Reserve liabilities being reinstated. Or all Federal Reserve liabilities could actually be redeemed and retired, en route to a fully privatized gold or commodity-bundle standard (White 2012). All of these approaches assume that there will continue to be a single monetary regime in the economy, so that the way to institute an alternative is to transform the dominant regime.
- Topic:
- Government
- Political Geography:
- United States
39185. Clearing House Currency
- Author:
- Richard H. Timberlake, Jr.
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The Federal Reserve System is no longer just an unconstitutional monetary institution promoting a continuing inflation; it has also become, with quantitative easing, an unauthorized fiscal agent for the U.S. government. The fiat currency and equally fiat bank reserves it creates are much in contrast to the private currency and bank reserves that the commercial banks' clearing house associations provided in the latter half of the 19th century. It is that episode I review here.
- Topic:
- Civil War
- Political Geography:
- United States
39186. Nominal GDP Targeting: A Simple Rule to Improve Fed Performance
- Author:
- Scott B. Sumner
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The history of central banking is a story of one failure after another. This record does not mean that our actual monetary regimes have been the worst of all possible regimes—far from it. But it does mean that we can improve policy by learning from experience. Every proposed reform is a response to a previous failure, an implicit display of lessons learned.
- Political Geography:
- Canada
39187. Fed versus Market Regulation
- Author:
- Jeb Hensarling
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Before I get into the body of the remarks, I want to thank the Cato Institute for everything it stands for and everything it has meant to me. As I was walking in the foyer, I noticed a copy of the Cato Journal on a table there. I recall as an undergraduate student at Texas A University in the 1970s that I took $25 dollars—and I'm a guy who worked my way through college—of my hard-earned money to invest in the Cato Journal. That was money I could have invested in long necks at the Dixie Chicken, our local watering hole. Also, I would like to thank John Allison. If you have not read his book, The Financial Crisis and the Free Market Cure: Why Pure Capitalism Is the World Economy's Only Hope, I commend it to you. Finally, I would like to tell you that as chairman of the House Financial Services Committee, before I decide to move out on any particular issue, I certainly glean the scholarship of Cato in general and Mark Calabria in particular.
- Political Geography:
- America
39188. Market Discipline Beats Regulatory Discipline
- Author:
- John A. Allison
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- I am going to talk from a different perspective because I am the only person who actually ran a bank that's been speaking today, and from that context I can tell you with absolute certainty that market discipline beats regulatory discipline. In fact, I will argue that regulatory discipline will always fail to reduce volatility and will slow economic growth. These observations are based on my understanding of public choice theory and particularly on 40 years of concrete experience in the banking business.
- Political Geography:
- United States
39189. How Should Financial Markets Be Regulated?
- Author:
- Martin Hutchinson and Kevin Dowd
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Financial regulation is a recurring and central issue in contemporary policy discussions. Typically, leftists want more of it, while proponents of free markets want less, or preferably, none of it. We would suggest, however, that the central issue is not whether markets should be regulated, but by whom—by the market itself, which includes self-regulation by market practitioners, or by the state or one of its agencies. To put it in Coasean terms, what is the most appropriate institutional arrangement by which markets—including financial markets-should be regulated?
- Political Geography:
- United States
39190. The Case for a Centennial Monetary Commission
- Author:
- Kevin P. Brady
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- By every economic measure, our nation is presently mired in a disappointing economic recovery. In fact, ours is the weakest recovery of the past half century. Uncertainty reigns as the purchasing power of the dollar declines. What ails us goes well beyond federal fiscal policy, and it is certainly not the result of an irrational marketplace. What ails us goes much deeper to our nation's monetary policy, which is well overdue for a review.
- Political Geography:
- America
39191. Prospects for Fundamental Monetary Reform
- Author:
- Gerald P. O'Driscoll, Jr.
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The intellectual climate has never been more open to a critical analysis of existing monetary institutions both here and abroad. When the Germans agreed to a monetary union, they were promised that they would keep the Bundesbank; only the name would be changed to the European Central Bank. Instead, Germans with whom I have spoken now think they got the Banca d'Italia. In the United States, before the financial crisis, the Federal Reserve was held in high regard by the public. Now, at least in some circles, "the Fed" has become a term of opprobrium, not unlike "the IRS."
- Political Geography:
- United States, Europe, and Germany
39192. Why the Fed's Monetary Policy Has Been a Failure
- Author:
- R. David Ranson
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Passing its 100th birthday, the Federal Reserve is receiving unprecedented scrutiny. We (the public) are living through the consequences of its attempts to bolster the U.S. economy through exceptionally low interest rates and the conversion of great quantities of debt to money. Although these efforts are ongoing, we are disappointed. Even with the help of strenuous actions on the fiscal side, economic and credit-market recovery from the recession of 2008–09 was notoriously slow. It took 15 quarters for U.S. real GDP to pass its pre-recession high in the fourth quarter of 2007, compared to only 7 quarters following the deep recession of 1981–82. On a per capita basis, there was an even starker contrast between the two recoveries. Moreover, the Fed remains a suspect in the genesis of the financial crisis that precipitated the Great Recession. The ultimate test of its role as overseer and regulator of the commercial banking system met with a very poor result.
- Political Geography:
- United States
39193. The Federal Reserve and the Dollar
- Author:
- Lewis E. Lehrman
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- To evaluate the history of the Federal Reserve System, we cannot help but wonder, whither the Fed? and to consider wherefore its reform—even what and how to do it. But first let us remember whence we came one century ago.
- Topic:
- War
- Political Geography:
- Europe
39194. Book Review: Rise of the Warrior Cop: The Militarization of America's Police Forces
- Author:
- Jonathan Blanks
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Criminal justice reform has been gaining momentum in Washington, attracting policymakers from both sides of the aisle. Draconian mandatory minimum sentences, overcrowded prisons, and bloated criminal justice budgets have made reform a bipartisan issue. This is undoubtedly a positive development, but—as is typical with the political process—the most popular reforms are not enough. Most of the political capital and rhetoric focuses on "back-end" criminal justice reforms, such as sentencing reform, early release, and alternatives to incarceration. While these reforms are sorely needed, the "front end" of the criminal justice system—criminal laws, the courts, and policing itself—also needs thorough examination. Radley Balko's Rise of the Warrior Cop is an exemplar of what these assessments should look like in the American context.
- Political Geography:
- America and Washington
39195. Book Review: Foreign Policy Begins at Home: The Case for Putting America's House in Order
- Author:
- Travis Evans
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- For the better part of a decade, the United States has been mired in mediocrity, settling for what feels like a new normal of low eco- nomic growth, stagnant wages, political intransigence, and an unending war or terror. Many think America's better days are behind it. Richard Haass, the president of the Council on Foreign Relations, disagrees. In Foreign Policy Begins at Home , Haass attempts to reverse American defeatism and assuage fears of American decline, arguing instead that the United States is simply underperforming, suffering from "American made" problems that can be corrected by restoring the "foundations of its power." He explains that America's true strength abroad comes from its strength at home, and if America is to provide global leadership it "must first put its house in order." While much of Foreign Policy focuses on policy prescriptions that would restore American strength, the true contribution of the book is its explanation of why such a strategy is needed.
- Topic:
- Foreign Policy
- Political Geography:
- Japan, China, and America
39196. Book Review: Why Capitalism?
- Author:
- Tom G. Palmer
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- In Why Capitalism? Meltzer has assembled a number of short studies of policy, the good and the bad, tied together by an aphorism from Immanuel Kant: "Out of timber so crooked as that from which man is made, nothing entirely straight can be carved.
- Political Geography:
- North Korea
39197. Book Review: Change They Can't Believe In: The Tea Party and Reactionary Politics in America
- Author:
- Emily McKlintock Ekins
- Publication Date:
- 07-2014
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- In this review, I will focus on three main points: their test of whether the tea party is comprised of "reactionary" or "responsible conservatives," their statistical methods testing if racism and a preference for social dominance drive tea party supporters, and their comparison of the tea party to the Ku Klux Klan of the 1920s. The authors prematurely reject the argument that the tea party is primarily motivated by genuine concerns about spending, the size and scope of government, and taxes in part because they rely on a problematic comparison of local tea party group websites to the National Review Online (NRO). From this analysis, they conclude the movement is a contemporary manifestation of paranoid reactionary conservatism.
- Political Geography:
- America
39198. Taxing with Dictators and Democrats: Regime Effects, Transfers and Revenue in Argentina's Provinces
- Author:
- Melissa Ziegler Rogers
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Political institutions strongly influence incentives to tax. In this article, I examine differences across national regimes in provincial taxation in Argentina from 1959–2001 and compare them to sub-national regimes under national democracy. I argue that elections fundamentally shape taxation by guiding career incentives of provincial leaders. Under autocratic regimes, sub-national leaders have strong motivation to tax because they answer to national leaders who reward extraction. I find that national autocrats tax at higher levels, using more difficult taxes. In democratic systems, governors judged by local constituents use political resources to avoid taxation. Governors in closed electoral regimes generally collect less tax revenue than governors in competitive provinces, but this effect is largely driven by national coalition-building and privileged access to national resources. An important difference across sub-national regime type is incidence – closed provinces extract disproportionately from the dependent business sector.
- Political Geography:
- Argentina
39199. Subnational Electoral Contexts and Corruption in Mexico
- Author:
- Brian M. Faughnan, Jonathan T. Hiskey, and Scott D. Revey
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Scholars of the world's most recent democratization processes have tended to focus on how national-level institutions have developed and how citizens have interpreted and responded to those developments. In this paper, we argue that the distinct subnational political environments that emerge from uneven national regime transitions are important determinants of how people view their political world. Specifically, we argue that citizens' experiences with and attitudes towards corruption are particularly influenced by the subnational political context in which those citizens live. We use survey data from across Mexico to test our theoretical expectations that a multi-party electoral context will heighten citizens' awareness of corruption as a governance issue, even as their chances of being victimized by corrupt behavior is reduced. Conversely, we posit that one-party electoral environments should facilitate a "business as usual" attitude toward corruption among government officials and citizens. As efforts to deepen democracy and improve governance continue across the developing world, our findings highlight the need to incorporate subnational political processes into efforts to under- stand and address such critical issues as corruption and its consequences.
- Topic:
- Corruption and Democratization
- Political Geography:
- Mexico
39200. Determinants of Judicial Dissent in Contexts of Extreme Institutional Instability: The Case of Ecuador's Constitutional Court
- Author:
- Santiago Basabe-Serrano
- Publication Date:
- 06-2014
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- This article identifies the variables that explain the dissenting legal vote in courts that operate under conditions of extreme institutional instability. Drawing on three logistic regression models, this article proposes that judges' ideological preferences constitute a good predictor of the dissenting vote. Contrary to the classic argument, which indicates that the instability of judges encourages strategic voting, this article argues that this relationship can be demonstrated only up to a certain point – that is, until an exponential increase in institutional instability leads the judges to vote sincerely, even when this means being part of a minority or "losing" coalition.
- Political Geography:
- Ecuador