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201. Democracy and Human Rights in the European-Asian Dialogue: A Clash of Cooperation Cultures?

Author:
Howard Loewen
Publication Date:
12-2008
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
Whereas the European Union (EU) favors a formal, binding, output-oriented, and to some extent supranational approach to cooperation, the Association of Southeast Asian Nations (ASEAN) is based on informal, non-binding, process-oriented intergovernmental forms of cooperation. This article addresses the question of whether these differences between European and Asian cooperation norms or cultures can account for interregional cooperation problems in the areas of democracy and human rights within the institutional context of EU-ASEAN and the Asia-Europe Meeting (ASEM). The author argues that a clash of cooperation cultures basically occurs in both forms of interregional collaboration between Asia and Europe, with slight differences due to the institutional context: while disagreements over the question of democracy and human rights between the EU and ASEAN have led to a temporary and then a complete standstill in cooperation, the flexible institutional mechanisms of ASEM seem, at first glance, to mitigate the disruptive effects of such dialogues. Yet informality does not remove the issues from the agenda, as the recurrent disputes over Myanmar's participation and the nonintervention norm favored by the Asian side of ASEM clearly indicate. Antagonistic cooperation cultures thus play a significant role in explaining the obstructive nature of the interregional human rights and democracy dialogue between Asia and Europe.
Topic:
International Relations, Government, Human Rights, and International Cooperation
Political Geography:
Europe, Asia, and Myanmar

202. A Call To Be Listened To

Author:
Jacqueline Grapin
Publication Date:
09-2008
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
We recently lost one of the most respected figures in Europe, just at a time when he would have been most needed. Bronislaw Geremek, who died in a car accident in Brussels in July, was a former Polish foreign minister and then a distinguished member of the European Parliament. Historically, he was a pivotal figure in the fight of the Solidarity movement to end Communist rule in Poland and one of the leading statesmen of the democratic era that followed. A professor of history who had become Minister of Foreign Affairs of Poland before being elected to the European Parliament, at 76, Geremek was in full stride as a man who had distilled personal and political wisdom from his involvement in history both as an historian and as an actor in European developments. He was a friend of the United States and one of the most ardent supporters of the European Union, who was Chairman of the Jean Monnet Foundation in Lausanne. I remember meeting him by chance as we were both literally running down the street in the center of Warsaw on the 14th of July 1997, trying to reach in time the place where President Bill Clinton was going to address a huge crowd a few minutes later. All the buildings were decorated with American flags, and the crowds were full of excitement. It struck me that this high official - recognizable to everyone with his white beard - could walk freely in a public street, without a limousine or bodyguards: at every corner in the old city, people of all walks of life greeted him naturally. On his visits to The European Institute in Washington, he always conveyed his dedication to the goal of turning politics into a noble art. A difficult challenge, but perhaps not impossible. At this juncture, amid confusion about how to surmount the crisis for the EU caused by the negative vote of the Irish electorate on the Lisbon Treaty, it is worth remembering the advice given by Professor Geremek in an article that appeared in Le Monde almost simultaneously with his death.1 He stressed that every effort should be made to ensure that the treaty be ratified in all the other EU countries where it is signed. Don't ask the Irish people to vote on this again, Geremek said in substance, because the outcome of the Irish referendum should be respected and governments should not try to bypass the popular will. He recommended that the other 26 governments should do their best to ratify the treaty: whatever else, the result will be a text signed and ratified in a majority of the other 26 member states. In effect, a majority will have approved the Lisbon treaty, and that will add legitimacy for the European Council to proceed, together with the European Commission and the European Parliament, to implement some measures which do not require changes in the existing treaty. For instance, the Council can decide that the High Representative for the Common Foreign and Security Policy (now Javier Solana) will from now on permanently chair the Council of Foreign Ministers and be responsible for a newly created European Foreign Service. Similarly, the European Council could decide that the President of the European Commission will chair the meetings of the European Council. While not fully representing the EU abroad, the President of the European Commission would represent the European institutions. The European Council could also propose that the European Parliament be recognized as having the right to propose legislative initiatives on the basis of public petitions (that garner, for example, one million signatures). The European Parliament could also be encouraged to take initiatives to reinforce its cooperation with the national parliaments in preparing European legislation. Increasing the rights of the European Parliament could be done by unanimous decisions of the European Council. Of course, there are changes that cannot be accomplished without a new treaty, particularly with regard to the voting system in the Council. Geremek was particularly firm that the principle of unanimity should be changed. It reminded him of a similar historical disposition in 18th-century Poland, the liberum veto that had led the country to political disaster. For the EU now to produce a new, more practical majoritysystem and to decide one or two questions that cannot be settled with the existing treaties, he suggested a new approach. Instead of bundling texts of existing treaties into a complex new proposal to be put to the public, two or three clear questions should be submitted to voters in all 27 EU member countries at the same time - for instance, on the election days for the European Parliament in June 2009. Such a process would be consistent with democratic principles. Moreover, at a moment when Russia's actions press the Old Europe and the New Europe to agree among themselves and with the United States, the West cannot afford to cling blindly to institutional arrangements that everyone knows are inadequate to the needs of the situation. Enlargement has not reduced the EU's ability to make decisions as much as many expected, but the rules of the treaty of Nice from 2001, which was supposed to be temporary and short-lived, must be improved. Both Europe and the United States feel the need for an efficient decision-making machinery in the EU at a juncture when both face the same challenges - defining relations with Russia, China, and the emerging economies; ensuring energy security; boosting economic growth; fighting terrorism and poverty; stabilizing the Middle East. It is tempting for sovereign European nations and for the powerful United States to let the role of the European institutions be minimized. But Europeans and Americans would be better served if they sought to share an ambitious vision of what the European Union should be able to provide - and how.
Topic:
Foreign Policy and Government
Political Geography:
Europe, Middle East, and Lisbon

203. Old Paradigms, Challenging Realities, New Interpretations

Author:
José A. Montero
Publication Date:
06-2008
Content Type:
Journal Article
Journal:
Georgetown Journal of International Affairs
Institution:
Georgetown Journal of International Affairs
Abstract:
Parag Khanna delivers an account of the current contest among America, Europe, and China through the lens of the subjects of the contest—the "Second World."
Topic:
Civil Society, Globalization, Government, and International Affairs
Political Geography:
China, America, and Europe

204. AK Party Survives Closure Case: What Is Next?

Author:
Ihsan D. Dagi
Publication Date:
08-2008
Content Type:
Policy Brief
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
The Constitutional Court ruled not to close down the AK Party, relieving Turkey from an unprecedented level of political uncertainty, social and economic turmoil, and potential chaos. Instead, the court chose to keep the ruling party under close scrutiny by declaring it “a focal point of anti-secular activities,” and imposing financial measures.
Topic:
Government, Islam, and Politics
Political Geography:
Europe, Turkey, and Middle East

205. Foreword

Publication Date:
01-2008
Content Type:
Journal Article
Journal:
Romanian Journal of Political Science
Institution:
Romanian Academic Society
Abstract:
Since the collapse of communism and communist states from 1989-1992, the twenty-eight states that currently comprise postcommunist Europe and Eurasia have evolved to different political directions. Some regimes in this region have completed a transition to democracy; others have been arrested at some point on the path to democracy and became a sort of 'defective democracies'; and still others have yet to break with the communist past. This issue focuses on this middle-ground category: countries where elections are regularly held, but the behavior of political actors, notably the government, but not only, is not always democratic. Albania, Moldova, Belarus, Ukraine, Russia, the Caucasus countries present a great variation among themselves, but have also something in common: they do not fit well the classic patterns of either democracy or authoritarianism. The regional trend, particularly noticeable over the past decade, showed hybrid regimes resisting to political change - either in the direction of becoming authentic democracies or reverting back to dictatorship. The purpose of this issue is to explore the lessons for democratization that can be drawn from the postcommunist experience over the past seventeen years. First, what explains defective democracies? Second, what can and cannot be transferred from successful Central Europe to the rest of countries? Finally, is there still a future for democracy promotion in postcommunist Europe?
Topic:
Government
Political Geography:
Russia, Europe, Eurasia, Ukraine, Moldova, Albania, Central Europe, and Belarus

206. The External Dimension of EU Justice and Home Affairs: Tools, Processes, Outcomes

Author:
Thierry Balzacq
Publication Date:
09-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
This working document offers a conceptual framework for understanding the processes underpinning the external dimension of EU Justice and Home Affairs (ED-JHA). Practically, it defines how the export of JHA principles and norms inform the geopolitical ambitions of the EU, i.e. the use of space for political purposes, or the control and management of people, objects and movement. The author begins by investigating how the ENP reconfigures the ED-JHA, and then goes on to discuss various conceptual stances on governance, specifically institutionalism, constructivism, and policy instruments. To conclude he traces the evolution of this external dimension, emphasising, whenever possible, its continuities and bifurcations. Overall, the aim is to ascertain the extent to which conceptual designs clarify or advance our knowledge of the contents and rationales of the ED-JHA.
Topic:
Government and International Political Economy
Political Geography:
Europe

207. EU Commercial Policy in a Multipolar Trading System

Author:
Simon Evenett
Publication Date:
04-2007
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
In recent years, the bipolar multilateral trading system of the post-war years has given way to a multipolar alternative. Although many specifics have yet to be determined, some contours of this new trade policy landscape are coming into focus and in this short paper I examine their implications for the European Union's external commercial policy. Particular attention is given to both the state of business-government relations and the propensity to liberalise under the auspices of reciprocal trade agreements by Brazil, India, and China; the potential new poles of the world trading system. I consider the likely consequences of these developments, plus factors internal to both the European Union and the United States, for the possible con-tent of future multilateral trade initiatives.
Topic:
Development, Government, and International Trade and Finance
Political Geography:
United States, China, Europe, India, and Brazil

208. Existe-t-il une religion civile républicaine?

Author:
Jean Baubérot
Publication Date:
08-2007
Content Type:
Journal Article
Journal:
French Politics, Culture Society
Institution:
Conference Group on French Politics Society
Abstract:
La notion de « religion civile » provient, on le sait, de Jean-Jacques Rousseau, et elle a été, ces dernières décennies, reprise et réinterprétée par des sociologues et des historiens. En France, il est assez courant d'opposer la « laïcité républicaine » (française) à la religion civile américaine. Cet article propose, au contraire, l'hypothèse que la question de la « religion civile » se situe au coeur de la spécificité de la laïcité française dans sa dimension historique comme dans son actualité. La Cour constitutionnelle italienne considère, depuis 1989, le principe de laïcité comme fondamental ; plusieurs pays (Portugal, Russie) ont inscrit la laïcité dans leur Constitution ; le Québec a explicitement laïcisé ses écoles en 2000, etc. Et, pourtant, la laïcité continue d'apparaître souvent comme une « exception française » Or cette exceptionnalité n'est nullement conforme à la pensée des pères fondateurs de la laïcité française : Ferdinand Buisson, le maître d'oeuvre (au côté de Jules Ferry et de ses successeurs) de la laïcisation de l'école, et Aristide Briand, l'auteur principal de la loi de séparation des Églises et de l'État de 1905, envisageaient la laïcité de façon universaliste et non substantialiste : il existe pour eux des pays plus ou moins laïques, et la France n'est pas le pays le plus laïque du globe.
Topic:
Civil Society, Government, and Religion
Political Geography:
United States, Europe, and France

209. Defending the Gains? Transatlantic Responses When Democracy is Under Threat

Author:
Esther Brimmer(ed.)
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Center for Transatlantic Relations
Abstract:
This book will examine whether leading liberal democracies have a responsibility to respond when democracy is under threat. The United States, the European Union and its Member States pride themselves on their commitment to liberal democracy. They cherish it at home and claim to support it internationally. Americans tend to accept the Kantian notion that the internal conditions of a country help shape its foreign policy. Immanuel Kant presented the idea that democracies do not go to war against each other. Americans have embedded the democratic peace theory in their foreign policy outlook. The fact that the United States and the United Kingdom made a historic shift into strategic alignment across the twentieth century reinforced the notion of a commonality of interests among liberal democracies. A basic premise of American foreign policy in the twentieth century is the notion that as a liberal democracy based on values, the United States should advance certain values in its international affairs. Having always cared about freedom of the seas and freer access for American exports, the republic began to care about freedom itself. Even before the U.S. was committed to international human rights, it supported democracy, albeit imperfectly and inconsistently. America's emergence to the top table of international affairs after the First World War was complemented by President Woodrow Wilson's Fourteen Points. The United States cloaked its military might in the finery of democracy. Yet, this was not mere rhetoric: the U.S. did advance a conception of democracy in the form of self-determination as part of the peace settlement. President Wilson, and his successors in both political parties, understood that grand strategic engagement needed to be underpinned by a philosophical objective.
Topic:
Democratization, Government, International Cooperation, and Political Economy
Political Geography:
United States, America, and Europe

210. Public Opinion in Ukraine Prior to the 2007 Rada Elections

Author:
Rakesh Sharma, Kathleen Holzwart, and Rola Abdul-latif
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
This is the 15th public opinion poll conducted in Ukraine by IFES. This report details findings from the latest IFES survey in Ukraine and references findings from earlier surveys done in Ukraine. The fieldwork was conducted from August 28 – September 11, 2007 with 1265 respondents throughout Ukraine. This sample comprised a national sample of 1,200 respondents and an over-sample of 65 respondents in Kyiv. The data has been weighted by region, age, and gender to be nationally representative for the adult (18+) population of Ukraine. The margin of error for a sample of this size is plus/minus 2.75%. The fieldwork and data processing for the survey were conducted by GfK Ukraine, based in Kyiv. Funding for the survey was provided by the United States Agency for International Development (USAID).
Topic:
Democratization and Government
Political Geography:
United States, Europe, Ukraine, and Asia

211. The EU in Somalia: Furthering Peacemaking and Reconciliation

Author:
Mario Raffaelli
Publication Date:
03-2007
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Since the Transitional Federal Institutions were established after the 2002 Nairobi Conference, the situation in Somalia has seen two drastic about-turns - in opposite directions. In June 2006, starting out from Mogadishu, the Islamic Courts rapidly extended their control over most of south-central Somalia. Now, after the Ethiopian military intervention, the Transitional Government is trying to establish itself in the capital and to effectively exercise its formal authority for the first time. But the military defeat of the Courts has not solved the problems that initially made their success possible. Only reconciliation can create real stability and the European Union can contribute to achieving this. A peaceful and stable Horn of Africa is in the EU's interest, given the risks of it becoming a breeding ground for Al Qaeda-like organisations and a source of immigration. Somalia could also become a test case for solving the problems of a failed state by peaceful means, and an example of the EU's willingness and ability to have an effective dialogue with the Islamic world. Success in Somalia would strengthen the EU as a regional player with Arab and Muslim countries.
Topic:
Government
Political Geography:
Europe and Somalia

212. How to Change Your Foreign Policy in 100 Days: A New Course with Prodi?

Author:
Elisabetta Brighi
Publication Date:
03-2007
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Conventional wisdom has it that the new government of Romano Prodi managed to effect a significant "shift" in Italy's foreign policy away from the course of the centre-right in the proverbial first 100 days of government. A number of discontinuities with the foreign policy of the Berlusconi government have been invoked, ranging from Italy's relations with Europe and its transatlantic posture, to its engagement with areas of crisis such as the Middle East. But these claims have to be substantially qualified. In fact, it appears that the foreign policy of the Prodi government has rather pragmatically blended elements of change and continuity, and that the shift which has occurred in some areas should be understood more as a combination of domestic and international developments than a result of the change in government alone. Moreover, in order to really change Italy's foreign policy - and change it for the better - the government should focus on a different set of priorities, mainly the institutions, instruments, politics, and ideas of foreign policy.
Topic:
Foreign Policy and Government
Political Geography:
Europe and Italy

213. The International Security Involvement of Federated States: Comparing Massachusetts, Illinois and Flanders

Author:
Bruno Coppieters
Publication Date:
06-2007
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Application of the federal principle of shared sovereignty to external security policies directed against foreign states can easily give rise to a situation in which the federation ceases to be an indivisible subject in an international setting. This can in turn lead to conflicts between the two levels. A comparison of three instances of sanctions adopted by federated states - the sanction policies of Massachusetts in support of the democratisation of Myanmar/Burma (1996-2000), the divestment policies of Illinois in opposition to the governmental policies of Sudan (2006- ), and the participation by Flanders in Belgian and European sanctions in protest against the Freedom Party's participation in the Austrian government (2000) - confirms this thesis.
Topic:
Government
Political Geography:
Europe, Sudan, and Burma

214. The Making of European Private Law: Regulation and Governance design

Author:
Fabrizio Cafaggi and Horatia Muir Watt
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The current debate on the desirability and modes of formation of European Private Law (“EPL”) is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of priv ate law standing behind the debate about the creation of EPL? Second, does the process of creation of EPL need some type of governance structure?
Topic:
Development, Government, and International Law
Political Geography:
Europe

215. The European Commission as Network Broker

Author:
Susana Borrás
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Recent transformations in the European Union have been putting significant pressure on the management function of the European Commission. Examining its brokerage position in policy networks, this article asks what kind of role does the Commission have in the political interactions in Brussels after the year 2000. Developing a conceptual framework about brokerage roles in EU policy, the article uses a combination of quantitative and qualitative data in an empirical analysis of two very different cases where the Commission has been embattled the past years. The article argues that previous reports of the Commission's demise are much exaggerated, because it continues playing a leading role in managing interaction between multiple actors at different levels of governance. The empirical results show that the Commission is a resilient central network broker.
Topic:
Development, Economics, and Government
Political Geography:
Europe

216. Theories and core principles of Dutch democracy

Author:
Ank Michels
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Democracies in Europe differ in what they see as being at the core of the democratic system. In some countries, citizen participation constitutes the fundamental tenet of democracy; in others, democracy is closely linked to pluralism and the protection of minorities. This paper tries to identify certain core principles of the Dutch democratic system that are reflected in the institutions and political culture that have to come to define the democratic system and are derived from the intellectual context in which the system emerged. It does so by asking two questions. The first is: what are the core principles of Dutch democracy that are reflected in the democratic system? Five core principles are distinguished, each of which has been institutionalised in various ways. The second question is: which ideas on democracy of key political thinkers of the 19th and early 20th century are relevant to understanding the core principles of Dutch democracy? This paper explores the normative theories on democracy of a number of political thinkers in the Netherlands. Traces of different theories appear to be present in the core principles of the Dutch democratic system.
Topic:
Civil Society, Government, and Human Rights
Political Geography:
Europe, Netherlands, and Dutch

217. Women in America: The Other Fifty Percent

Author:
Christina Bache Fidan
Publication Date:
04-2007
Content Type:
Journal Article
Institution:
ARI Movement
Abstract:
Historically, if you were not a property owning white male you did not have the right to vote in America. The decision to allow women the right to vote, after a long struggle, in 1920, was a key turning point in the transformation of the American democratic experience. The challenge from then on, of making this right meaningful across America, through changing mindsets and training women, was left, for the most part, on the shoulders of civil society. To secure a higher representation of the national congressional seats in Washington, the Federal Government must reinforce legislation such as affirmative action for gender mainstreaming in all policy areas. The inclusion and empowerment of women in the political arena is of utmost importance to achieving a government that is truly "by the people, for the people."
Topic:
Government
Political Geography:
America and Europe

218. An Italian Strategy for Relaunching the EU Constitutional Treaty

Author:
Gian Luigi Tosato and Gianni Bonvicini
Publication Date:
05-2007
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The subject of the European Union's institutional future is once again at the top of the European agenda – the European Council at the end of June 2007 will be dedicated to it – and a deadline has been set (the 2009 European Parliament elections) for the entry into force of the new rules.
Topic:
International Relations, Government, International Cooperation, and International Organization
Political Geography:
Europe and Italy

219. Why Did the Communist Party Reform in China, But Not in the Soviet Union? The Political Economy of Agricultural Transition

Author:
Johan Swinnen and Scott Rozelle
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Walter H. Shorenstein Asia-Pacific Research Center
Abstract:
The dramatic transition from Communism to market economies across Asia and Europe started in the Chinese countryside in the 1970s. Since then more than a billion of people, many of them very poor, have been affected by radical reforms in agriculture. However, there are enormous differences in the reform strategies that countries have chosen. This paper presents a set of arguments to explain why countries have chosen different reform policies.
Topic:
Agriculture, Development, Government, and Political Economy
Political Geography:
Russia, China, Europe, Asia, and Soviet Union

220. Europeanization and the Retreat of the State

Author:
Volker Schneider and Frank M. Häge
Publication Date:
01-2007
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Is the state on the retreat? We examine this question through an analysis of changing patterns of government involvement in infrastructure provision, which is generally considered to be one of the primary functions of the modern state. Based on an analysis of the extent of privatization of infrastructure companies between 1970 and 2000 across twenty-six OECD countries, we find that there is indeed a general trend towards less public infrastructure provision visible in all of the countries and that the main factors associated with the extent of privatizations are EU membership and government ideology. We argue that the trend of privatizing infrastructure companies was triggered by a change of the prominent economic discourse in the 1970s and that a rightist party ideology and EU membership fostered the adoption and implementation of these ideas in domestic settings.
Topic:
Government and Privatization
Political Geography:
Europe

221. Data DNA: The Next Generation of Statistical Metadata

Author:
Cynthia M. Taeuber, Daniel W. Gillman, and Laura Smith
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
The Brookings Institution
Abstract:
Statistical metadata is commonly defined as data about data. Metadata documents information about a statistical dataset's background, purpose, content, collection, processing, quality, and related information that an analyst needs to find, understand, and manipulate statistical data. As such, the metadata for a statistical dataset broadens the number and diversity of people who can successfully use a data source once it is released. It is the purpose of this paper to discuss issues related to the development and use of statistical metadata and to describe resources to standardize and automate statistical metadata. While there are many types of metadata – this paper is concerned only with statistical metadata.
Topic:
Development, Government, and Science and Technology
Political Geography:
Europe

222. A Statistical Analysis of the Quality of Impact Assessment in the European Union

Author:
Caroline Cecot, Robert Hahn, and Andrea Renda
Publication Date:
05-2007
Content Type:
Working Paper
Institution:
The Brookings Institution
Abstract:
In 2002, the European Union required that an impact assessment be done for all major initiatives, including many regulations, directives, decisions, and communications. This paper is the first paper to statistically analyze these impact assessments using the largest available dataset. As a benchmark, we compare our results in the EU with recent results on the quality of regulatory analysis in the U.S. We score impact assessments using a number of objective measures of quality, such as whether a particular assessment provides any quantitative information on costs or benefits, and use the scores to develop two indices of quality.
Topic:
Economics, Government, and International Trade and Finance
Political Geography:
Europe

223. What Can the United States Learn from the Nordic Model?

Author:
Daniel Mitchell
Publication Date:
11-2007
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Some policymakers in the United States and Europe argue that it is possible to enjoy economic growth and also have a large welfare state. These advocates for bigger government claim that the so- called Nordic Model offers the best of both worlds. This claim does not withstand scrutiny. Economic performance in Nordic nations is lagging, and excessive government is the most likely explanation. The public sector in Sweden, Denmark, Norway, Finland, and Iceland consumes, on average, more than 48 percent of economic output. Total government outlays in the United States, by contrast, are less than 37 percent of gross domes- tic product. Revenue comparisons are even more striking. Tax receipts average more than 45 per- cent of GDP in Nordic nations, a full 20 percent- age points higher than the aggregate tax burden in the United States.
Topic:
Economics and Government
Political Geography:
United States and Europe

224. Serbia's New Government: Turning from Europe

Publication Date:
05-2007
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Serbia finally has a new government but one that is deeply divided between pro-Western and nationalist forces. Facing two difficult issues–Kosovo status and cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY)–its choice is between moving towards European integration or on to a more isolationist path. The government's composition, deep mistrust among many of its members and the parliament's nationalist majority suggest it will follow the second option. Pro-Western forces have suffered a significant setback, the government is vulnerable to manipulation by the security services and oligarchs, and the system of divided responsibility for the security services renders unlikely serious cooperation with the ICTY, especially the arrests of Ratko Mladic and Radovan Karadzic. Although Kosovo independence could destabilise the government, it may surprise and last far longer and prove more stable than expected. The West should prepare for Serbia turning increasingly away from Europe and towards Moscow.
Topic:
International Relations, Government, and Nationalism
Political Geography:
Europe, Eastern Europe, Kosovo, Yugoslavia, Moscow, and Serbia

225. Can We Reform the Welfare State in Times of ”Grey“ Majorities? The Myth of an Electoral Opposition between Younger and Older Voters in Germany

Author:
Achim Goerres
Publication Date:
12-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Is there an antagonism between young and old in the electoral arena that could lead to the obstruction of welfare-state reforms? This article argues that this notion is a myth and lacks empirical evidence for the case of Germany. It is true that (a) there are imminent majorities of voters aged 50 and older; (b) older voters benefit from many welfare state programs and (c) life-cycle interests shape some attitudes towards single public policies. However, these facts alone do not represent an antagonism between young and old in the electoral arena. Firstly, differences in party preferences between age groups are due to generational effects associated with early political socialization. Secondly, life-cycle interests do not shape the German party competition because age is not a political division line (cleavage). Young age/old age is only a transitional boundary that all of us aspire to cross, meaning that material old-age interests are important to everyone. Finally, grey interests parties are notoriously weak and try to become parties for the interests of all age groups.
Topic:
Government and Politics
Political Geography:
Europe and Germany

226. Wie viel Erbschaftssteuern?

Author:
Jens Beckert
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Germany introduced a federal inheritance tax in 1906. Historically, the share of its revenues compared to total tax revenues has always been low. Currently, less than one percent of total revenues are generated from inheritance tax. In countries like France, the United States and England, inheritance tax revenues are higher. With its ruling in 2007 the German supreme court has forced parliament to revise regulations on inheritance taxation. Various proposals are currently the subject of intense political debate. I take this discussion as the starting point for an investigation of fundamental arguments for and against estate taxation. Proposing that inheritances be taxed as a further type of income within the context of the income tax, I examine the impact of inheritance taxes on economic performance, family solidarity and the political community as well as the relationship between inheritance taxation and important value principles of individual freedom, social justice and equality of opportunity.
Topic:
Government and Political Economy
Political Geography:
Europe, France, and Germany

227. Reflections on Multilevel Legitimacy

Author:
Fritz W. Scharpf
Publication Date:
07-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
The function of legitimacy is to ensure voluntary compliance with unwelcome exercises of governing authority. Since practically all European law needs to be implemented and enforced by the governments and courts of the member states, the EU does not have to face its citizens directly. It follows that the legitimacy of European governance ought to be conceptualized at two levels. At one level, the legitimacy of member states is decisive for the compliance of individuals and firms, regardless of the ultimate origin – international, European or national – of the rules that demand this compliance. At the other level, the legitimacy of the European “government of governments” is decisive for the voluntary compliance of member states with the obligations imposed on them by the EU. What should be worrying however is the impact which EU governance – especially the rules of negative integration defined by politically non-accountable actors – may have on the legitimacy of member states, and ultimately on their capacity to comply.
Topic:
Government, International Law, and Treaties and Agreements
Political Geography:
Europe

228. Corporate Values in Local Contexts: Work Systems and Workers' Welfare in Western and Eastern Europe

Author:
Marta Kahancová
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Increased international competition poses challenges to companies' organizational practices, including human resource management. For multinational companies operating simultaneously in diverse local conditions this challenge implies a decision between either opting for universal best practices or adapting their employment strategy to differing local standards in host countries. What influences whether work practices are similar or differ when deployed in differing conditions? Why are some companies committed to their workers' welfare while others are not? This paper attempts to answer these questions by studying work practices, namely work systems and fringe benefits, in a Dutch multinational company (MNC) and its manufacturing subsidiaries in Western and Eastern Europe. Evidence suggests that the observed patterns are best explained by the interplay of three factors. Rational economic interest, company values, and local institutions yield subsidiary work practices that are embedded in, but not adapted to, local standards. The MNC's value system accounts for the fact that generous benefits are offered without a direct relation to the company's profit maximization and without external societal and institutional pressures to provide such benefits.
Topic:
Economics, Government, and Political Economy
Political Geography:
Europe

229. The Aceh Peace Process: Nothing Less than Success

Author:
Pieter Feith
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Even though the first contacts between the Indonesian government and the Free Aceh Movement (GAM) had already taken place before the December 2004 tsunami struck, the disaster consolidated the political will to leave old grievances behind and join forces in the reconstruction process and the creation of a sustainable future for the people of Aceh. The determination of both parties, considerable pressure from Aceh's people, and significant support from the international community helped ensure a solution to the thirty-year armed conflict with dignity for all. The Aceh Monitoring Mission was the first European Security and Defence Policy operation in Asia and was conducted with five participating states from the Association of Southeast Asian Nations (ASEAN). The European Union (EU) and ASEAN are now in a position to build on this experience and use AMM as a model for future cooperation in crisis management between regional actors. Parallels may be drawn to the root causes and possible solutions of other, somewhat similar conflicts in the region. The EU will stand by the people of Aceh in the ongoing peace and reconciliation and post-conflict reconstruction processes and is determined to develop a lasting and comprehensive partnership with Indonesia.
Topic:
International Relations, Government, and Peace Studies
Political Geography:
Europe, Indonesia, Asia, and Southeast Asia

230. Middle Eastern Agenda for President Bush in Europe

Author:
Emanuele Ottolenghi
Publication Date:
06-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
President Bush is in Europe this week, where his meetings -- several of which are directly linked to aspects of U.S. Middle East policy -- represent important opportunities to build diplomatic bridges. Today, he visits Prague to address a democracy promotion conference organized by former Czech president Vaclav Havel, former Israeli deputy prime minister Natan Sharansky, and former Spanish prime minister Jose Maria Aznar. The president's next stop is Heiligendamm, Germany, for the G8 meeting between the United States, Britain, Canada, France, Germany, Italy, Japan, and Russia. On June 8, he continues on to Poland, Italy, Albania, and Bulgaria in order to boost new democracies, cement alliances in the former Communist Bloc, and meet with the Pope.
Topic:
Government
Political Geography:
United States, Europe, and Middle East

231. Assessing the New Palestinian Unity Government: A Step Forward or Back?

Author:
David Makovsky
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On March 17, the Palestinian Legislative Council (PLC) approved the formation of a Hamas-Fatah national unity government by an 83–3 margin. This culminated a process that began in early February with the Mecca accord facilitated by Saudi Arabia's King Abdullah. Many governments have withheld comment since that accord. One reason for their relative silence is reluctance to criticize a project associated with King Abdullah, who is emerging as a leading force in the Arab world and a linchpin of U.S. efforts to isolate Iran. Another is bated hope that the new government guidelines will be a marked improvement over those of the current Hamas government. Since Hamas's victory in January 2006 parliamentary elections, the focus has been on three principles proposed by the Quartet (the United States, Russia, the European Union, and the UN): (1) recognition of Israel, (2) disavowal of violence, and (3) adherence to past written commitments.
Topic:
Civil Society, Development, and Government
Political Geography:
United States, Europe, Middle East, Palestine, Arabia, and Saudi Arabia

232. U.S.-Designated Hamas Front Gets Symbolic Win in France

Author:
Matthew Levitt
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On March 8, 2007, a French court ordered the Wiesenthal Center's director for international relations in Paris to pay a symbolic €1 fine in a defamation suit brought by a U.S.-designated Hamas front organization. The Comité de Bienfaisance et de Secours aux Palestiniens (Committee for Welfare and Aid to the Palestinians) (CBSP) charged that it had been defamed by allegations that it finances terrorism and raises funds to support the families of suicide bombers recruited by Hamas. Atlhough the French court acknowledged that the 150 exhibits submitted by the defense "indeed constituted an impressive body of evidence," it nonetheless issued a symbolic ruling in favor of the plaintiff.
Topic:
Government
Political Geography:
United States, Europe, Middle East, Paris, and France

233. Economic Survey of Hungary, 2007

Publication Date:
05-2007
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Budget consolidation is dominating the political agenda. The Hungarian government has embarked on an ambitious four-year consolidation programme following another election-year peak in the deficit in 2006 at 9.2% of GDP. The immediate revenue increases and spending cuts are temporarily damping growth. However, if all goes according to plan, the programme will bring dividends to the economy in the longer term. This payoff is crucially dependent on: Discipline in budgetary processes. Work needs to continue on strengthening budgetary mechanisms. A system of binding medium-term spending limits should be considered. Budgetary reform also needs to extend to the sub-national governments. Success in maintaining spending freezes. The re-scheduling that brought forward part of the 13th month payment to public-sector workers this year does not affect achievement of the 2007 fiscal target in accrual terms. Nevertheless, looking forward, strong resistance to spending pressures arising from revenue windfalls is of key importance. Implementation of the structural reform programme. The healthcare reforms that are expected to deliver a large share of fiscal savings are reasonably well advanced and a welcome cut in gas-price subsidies is already reducing government spending. The reforms in education are positive but the changes to the tuition–fee system in particular should go further. It is more uncertain, however, whether all the planned cuts in government administration will be realised. Successful reform of public spending requires the participation of the counties and municipal governments. There are potential savings in administrative overheads here too and sub-national governments are responsible for providing many government services. In-depth review of these issues in this Survey reveals a need to: Capture economies of scale. Political constraints preclude widespread mergers among the large number of small municipalities. However, the joint provision of services is widespread and should be encouraged further. Efforts to rationalise through replacement of county-level governments with regional assemblies should continue. Reform financing systems. The financing of sub-national government needs simplification and greater transparency and oversight in accounts. Also, the benchmarking of services via output and performance indicators needs to become more widespread. Reform of local taxation should include widening of property tax and removal of the local business tax. Hungary's low employment rate remains a key structural handicap to economic performance. There has been welcome reform of unemployment benefits and early-retirement pensions. Planned reforms to disability pensions look promising and a concrete proposal for old-age pension reform is in the pipeline. This Survey looks in depth at the issue of prolonged parental leave and other aspects of family policy: Current efforts to boost childcare services are welcome. Future reform needs to consider further strengthening of central-government provision requirements on municipalities regarding these services, matched by appropriate funding. A system of childcare vouchers for parents would be one way of increasing efficiency in the provision of services. Reform to the very long parental leaves should be considered, along with changes to the attendant system of additional cash benefits. Savings could be used to help fund increased childcare services.
Topic:
Development, Economics, and Government
Political Geography:
Europe

234. Competition Law and Policy in Sweden

Publication Date:
06-2007
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Sweden's 1993 Competition Act (CA) remains the foundation of a broad policy approach that includes prohibitions against restrictive agreements and abuse of dominance, control of concentrations, advocacy and support for academic research. Enforcement of this legislation by the Swedish Competition Authority (SCA) marked a shift towards a judicial, rules-based approach.
Topic:
Development, Economics, and Government
Political Geography:
Europe and Sweden

235. PolicyWatch #1296: Larijani's Resignation: Implications for Iranian Nuclear Policy and Internal Politics

Author:
Mehdi Khalaji
Publication Date:
10-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The October 20 announcement of Ali Larijani's resignation as Iran's chief nuclear negotiator and secretary of the Supreme National Security Council (SNSC) has intensified pressure on President Mahmoud Ahmadinezhad. Faced with criticism over the resignation, Tehran ensured that Larijani attended the Iran-European Union (EU) nuclear talks in Rome on October 23. His continued presence in the negotiations raises serious questions about who is in charge of Iran's nuclear policy and other key issues, making the regime's intentions even more of an enigma to the Europeans. As EU foreign policy chief Javier Solana stated after the Rome meeting, "I found the same Larijani I had met before, and he had the role of chief negotiator."
Topic:
Government and Nuclear Weapons
Political Geography:
Europe, Iran, Middle East, Tehran, and Rome

236. PolicyWatch #1256: Terrorist Attacks in the United Kingdom: More Faces of al-Qaeda

Author:
Simon Henderson and Michael Jacobson
Publication Date:
07-2007
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
There are fast-moving developments in the British hunt for the terrorist cell that tried to set off two car bombs in central London on June 29. Two men were arrested after they tried to crash a vehicle loaded with flammable material into a Glasgow airport terminal on June 30. And a man and woman were arrested yesterday when their vehicle was stopped on the major highway between London and Scotland. Houses have been searched in several parts of Britain, and the number detained rose to eight today, including one in an undisclosed foreign country.
Topic:
Government, Intelligence, and Terrorism
Political Geography:
Britain, United Kingdom, Europe, and Scotland

237. Creating Competition: Patronage Politics and the PRI's Demise

Author:
Kenneth F. Greene
Publication Date:
12-2007
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Why do dominant parties persist in power for decades and under what conditions do challengers expand enough to beat them at the polls, thus transforming these systems into fully competitive democracies with turnover? Unlike in one - party regimes, the world's sixteen dominant party systems feature meaningful electoral competition; however, dominant parties have persisted despite enough social cleavages, permissive electoral institutions, negative retrospective evaluations of the incumbent's performance, and sufficient ideological space for challengers to occupy. I craft a resource theory of single - dominance that focuses on the incumbent's ability to divert public resources for partisan use. Using formal theory, I show how asymmetric resources and costs of participation force challengers to form as non - centrist and under - competitive parties. Only when these asymmetries decline do opposition parties expand. I test the theory's predictions using survey data of party elites in Mexico. I also extend the argument to Malaysia and Italy using aggregate data.
Topic:
Corruption, Government, and Politics
Political Geography:
Europe, Malaysia, Asia, Italy, and Mexico

238. The Italian Stabilization of 1947: Domestic and International Factors

Author:
Juan Carlos Martinez Oliva
Publication Date:
05-2007
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
The paper examines the 1947 monetary stabilization in Italy, tracing the domestic and international political dynamics that allowed ideas and theoretical concepts developed within the Bank of Italy to be applied in a successful action to subdue spiraling inflation. The combination of events and circumstances necessary for the good outcome in a critical juncture of Italian economic history was the fruit of the efforts made by Prime Minister Alcide De Gasperi in both the domestic and international political arenas and of the collaboration he received from Luigi Einaudi and Donato Menichella. The Government's economic action in this crucial episode constitutes perhaps the first outstanding example of cooperation between politicians and experts in the annals of the Italian Republic.
Topic:
Economics and Government
Political Geography:
Europe and Italy

239. Poverty in Palestine: the human cost of the financial boycott

Publication Date:
04-2007
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
In April 2006, key donors including the US A, EU, and Canada suspended international aid to the Palestinian Authority government (PA), following the overwhelming victory of Hamas in parliamentary elections. The Government of Israel had previously suspended the transfer of the tax and customs revenues it collects on behalf of the PA.
Topic:
Government and Humanitarian Aid
Political Geography:
United States, Europe, Middle East, Israel, and Palestine

240. Le débat russe sur l'informel

Author:
Myriam Désert
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
What are the roots of the informal sector and what effects does it have? Is it a blessing or a curse? Changes in post-Soviet Russia contribute new food for thought to a debate that had previously been nourished primarily by considerations on the situation in developing countries. In Russia can be observed processes of formalization – and “deformalization” – of the rules governing not only the practices of economic actors, but also in the rarified distribution of public services publics. The analysis of actual informal practices feeds thinking about the relations between economic and political changes: what impact do they have in setting up a market economy and the rule of law, and in the reconfiguration of both the economic and social arena? An investigation into the way Russian academic circles and social actors view the informal sector sheds light on the various behavioral determinant: reaction to the economic context, cultural roots, social beliefs, and so on. The case of Russia illustrates how the informal sector is not only a mode of action that circumvents legal guidelines, but also a mode of sociability that rejects anonymous social relations. It helps examine ways to reinject the social aspect into economics.
Topic:
Government, Political Economy, and Privatization
Political Geography:
Russia, Europe, and Asia

241. Foreword: To Arrest And To Judge In Europe: The genesis, the struggles and the issues at stake in the judicial cooperation

Publication Date:
06-2006
Content Type:
Journal Article
Journal:
Cultures & Conflits
Institution:
Cultures & Conflits
Abstract:
Les dynamiques de la coopération judiciaire sont des enjeux forts pour l'Europe. Elément fondamental du champ de la sécurité, notamment en termes de légitimation du pouvoir de police, le processus d'européanisation du pouvoir judiciaire renvoie aux questions existantes entre les problématiques européennes et les interrogations sur la gouvernementalité internationale de la sécurité.
Topic:
Government
Political Geography:
Africa and Europe

242. Integration Reloaded: Streamlining Moldova's European Course

Author:
Stanislav Secrieru
Publication Date:
03-2006
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In 2009, against all expectations, Moldova managed to shake off its inertia in an effort to leave behind zigzagging reforms and set itself on course for European integration. Although the European option enjoys overwhelming support in Moldova, the experiences of the eu's latest newcomers have shown that aspirations only materialize if you are prepared to do the necessary homework. Is there enough political will and ability to implement reforms in Moldova? What has the new government done so far, domestically and externally, to bring Moldova closer to the eu? What are the obstacles that could hinder reforms in Moldova? How could the eu help to bring about change, accelerating Moldova's Europeanization?
Topic:
Democratization and Government
Political Geography:
Europe and Moldova

243. Higher Education as a Form of European Integration: How Novel is the Bologna Process?

Author:
Anne Corbett
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper argues that at a time in which higher education has become central to the concerns of EU institutions as well as national governments, it is helpful to understand current policy initiatives - both the spin offs from the EU's Lisbon strategy and the intergovernmental Bologna Process – in the comparative terms of the dynamics of policy-making. Drawing on institutionalist frameworks biased towards process (Kingdon 1984, March and Olsen 1989, Barzelay 2003) and comparative historical analysis, it presents policy initiatives from the period 1955-87, including the supranational European University proposal and the Erasmus programme, as both historical events, and theorised configurations of agenda setting, alternative specification, and choice. It suggests that such a framework can be helpful to both those interested primarily in European integration and those whose interests lie in the dynamics of higher education policy-making in a multi-level setting.
Topic:
Development, Education, and Government
Political Geography:
Europe and Lisbon

244. Divided Government European Style? Electoral and Mechanical Causes of European Parliament and Council Divisions

Author:
Philip Manow and Holger Döring
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Voters who participate in elections to the European Parliament tend to use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party-political composition of the Parliament should systematically differ from that of the Council. This study, which compares empirically the party-political centers of gravity of these two central political actors, shows that opposed majorities between Council and Parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of politically more extreme parties, and hence against more EU-skeptic parties in the Council. At the same time, voters in EP elections vote more often for these more extreme and more EU-skeptic parties. The different locations of Council and Parliament in the pro-/contra-EU dimension may thus be caused by two – possibly interrelated – effects: a mechanical effect, due to the translation of votes into seats and then into ‘office’, and thus also into Council representation, and an electoral effect in elections to the European Parliament. The paper discusses the implications of this fi nding for our understanding of the political system of the EU and of its democratic legitimacy.
Topic:
Government, Politics, and Regional Cooperation
Political Geography:
Europe

245. European Constitutional Identity?

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity, there are, in particular, the following four questions which deserve to be addressed: (1) What are we doing when we are “constructing” the European constitutional identity; what are the features of the interpretation leading to such a construction? (2) What values/ideals/principles are a part of our constitutional identity? (3) How does European constitutional identity relate to the specific constitutional identities of European nation-states? (4) What is the relationship between the discourse about political integration within the EU and the existence of European CI, as separate from, and paramount to, identities of member states? On that last issue it is submitted that there is no simple connection between ascertaining the dominant identity at a particular level and the implications for the division of authority between the European and national levels within the EU.
Topic:
Government, International Cooperation, and Nationalism
Political Geography:
Europe

246. 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national standards of protection of human rights and of democratic principles. In doing so, they entered into the well-known pattern of behaviour favoured by a number of constitutional courts of the “older Europe”, which is called a “Solange story” for the purposes of this article. But this resistance is ridden with paradoxes, the most important of which is a democracy paradox: while accession to the EU was supposed to be the most stable guarantee for human rights and democracy in postcommunist States, how can the supremacy of EU law be now resisted on these very grounds? It is argued that the sources of these constitutional courts' adherence to the “Solange” pattern are primarily domestic, and that it is a way of strengthening their position vis-à-vis other national political actors, especially at a time when the role and independence of those courts face serious domestic challenges.
Topic:
Democratization and Government
Political Geography:
Europe

247. Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the proliferation of competing jurisdictions and the resultant incentives for forum shopping and rule shopping by governments and non-governmental actors in international economic law. Due to their different jurisdictions, procedures and different rules of applicable laws, national and international judges often interpret international trade law from different (inter)national, (inter)governmental, constitutional and judicial perspectives. This paper explores the judicial functions of national and international judges to reach justified decisions based on positive law, on the basis of transparent, predictable and fair procedures, and to interpret international treaties “in conformity with principles of justice.” Chapters I to III explain some of the “principles of justice” underlying international trade law and argue that international rules for a mutually beneficial division of labour among private citizens should be construed with due regard to the human rights obligations of governments. Chapters III and IV propose to strengthen international cooperation among national and international courts, for instance by negotiating additional WTO commitments to interpret domestic trade laws in conformity with the WTO obligations of the countries concerned and to settle WTO disputes over private rights primarily in domestic courts, without transforming essentially private disputes into disputes among governments.
Topic:
Development, Government, International Trade and Finance, and Non-Governmental Organization
Political Geography:
Europe

248. Legislate or Delegate? Bargaining over Implementation and Legislative Authority in the European Union

Author:
Henry Farrell, Adrienne Héritier, and Carl-Fredrik Bergström
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
In this article we explain how actors' ability to bargain successfully in order to advance their institutional preferences has changed over time as a function of the particular institutional context. We show how actors use their bargaining power under given institutional rules in order to shift the existing balance between legislation and delegation, and shift the rules governing delegation in their favour, between formal treaty changes. We argue that a collective actor's preferences over delegation is a function of whether the actor has more ability to influence policy through delegation or through legislation. We go on to argue that the degree to which a specific actor's preferences can prevail (in a setting in which different actors have different preferences) will depend upon its bargaining power under existing institutional rules, i.e. its ability to impede or veto policy in order to change the division between legislation and delegation and the rules of delegation. Our primary focus in this article is on choice over procedure; i.e. the battles over whether or not delegation or legislation should be employed. We maintain a secondary focus on change in procedure, examining how different procedures of comitology have come into being and been removed from the table. We examine the evolution of the debate over comitology and implementation, over five key periods. We scrutinize how actors within these periods seek to shift the balance of legislation and delegation and the rules of delegation according to their preferences. Our conclusions assess our empirical findings on the basis of our model.
Topic:
Development, Government, and Treaties and Agreements
Political Geography:
Europe

249. The Composition of the College of Commissioners: Patterns of Delegation

Author:
Holger Döring
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Recent theoretical studies question the view that the European Commission is a preference outlier. This paper addresses this question by discussing the composition of the European College of Commissioners and by focusing on the appointment process. The analysis is based on a dataset that contains biographical information for all commissioners since 1958. The analysis highlights the importance of commissioners' party affiliation and their former political positions. Multivariate regression analysis shows that smaller member states have tended to send more high-ranking politicians to the College of Commissioners than larger member states. However, party affiliation has not become more important as an appointment criterion. What has changed with time has not been the party link but the caliber of positions held by commissioners before they are appointed to the College.
Topic:
Development, Government, and Politics
Political Geography:
Europe

250. One Path or Several? Understanding the Varied Development of Tripartism in New European Capitalisms

Author:
Sabina Avdagic
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Are newly established institutions capable of shaping actors' strategies and coordinating behavior on a single path? Contrary to punctuated equilibrium analyses, this paper suggests that the constraining capacity of a range of newly established institutions in new European capitalisms is weak and that their very interpretation is subject to contention. Focusing on peak-level tripartism – a formally similar institution whose functioning has varied across national contexts – this paper proposes an actor-centered framework to elucidate the logic and consequences of actors' ongoing strategic maneuvering for the interpretation, enactment, and development of these young institutions. Combining insights of rational choice and historical institutionalism, the paper develops a heuristic model which, by focusing on strategic choices of government officials and union leaders, links the varied enactment of tripartism to different power balances that become mutually accepted in the course of their repeated interactions. In offering a set of falsifiable propositions, the paper provides a guideline for building analytical narratives to evaluate empirically this model.
Topic:
Development, Economics, and Government
Political Geography:
Europe