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1932. Political Alternation, Regardless of Ideology, Diminishes Influence Buying: Lessons from Transitions in Former Communist States
- Author:
- Karla Hoff, Shale Horowitz, and Branko Milanovic
- Publication Date:
- 01-2005
- Content Type:
- Policy Brief
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- The Relationship between Alternation in Power and Governance: In many countries, for many firms, it is more profitable to pay off influential politicians to obtain property rights protection à la carte than to rely on existing rules of the game, or to support new institutions that would provide general protection of property rights. This is particularly likely to be the case in the early stages of economic liberalization and the transition to democracy, when state institutions and legal systems are too weak to check executive power, legal boundaries on corruption are not well-defined, and institutions to protect private property rights may be undeveloped. What factors can make influence buying less profitable? The most direct way to break the grip on state power of private interests is through the alternation of officeholders with new political players. Businesses often have “dedicated” relationships with specific political parties or politicians, but if “their” party or leader loses power, businesses' investments in influence may be wasted, since the new officeholders will not be beholden to them and may even punish them. It is true that when businesses expect political turnover, they may respond by trying to influence the entire political spectrum of parties. But attempting to influence all political players is prohibitively costly if there are many parties with widely different political ideologies. In that case, the most successful strategy for influence seekers would be to accept more transparent and equitable rules of competition and checks on arbitrary state action—a rule of law.
- Topic:
- Conflict Resolution and Government
- Political Geography:
- Eastern Europe
1933. Legalism Sans Frontières?: U.S. Rule-of-Law Aid in the Arab World
- Author:
- David M. Mednicoff
- Publication Date:
- 09-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- THE PROBLEM OF KNOWLEDGE IN RULE-OF-LAW PROMOTION, above all the basic question of whether Western rule-of-law aid programs are on the right track to help build the rule of law in recipient countries, is especially acute in the Arab world. Arab states generally share two features that render external rule-of-law aid particularly difficult—long-standing nondemocratic governments, and legal systems that graft Ottoman, European, and contemporary sources onto Islamic norms. We cannot presume that U.S. common-law practitioners can build the rule of law by transporting or transplanting their technocratic techniques into such different legal soil. Indeed, the very idea that people in Arab societies would be receptive to American guidance in legal reform is dubious in the current climate of broad, popular mistrust of the United States.
- Topic:
- International Relations and Government
- Political Geography:
- United States, Europe, Arabia, and Arab Countries
1934. Cambodia Blazes A New Path To Economic Growth and Job Creation
- Author:
- Sandra Polaski
- Publication Date:
- 09-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- A UNIQUE AND SUCCESSFUL INTERNATIONAL POLICY EXPERIMENT has been under way in Cambodia for the last six years. In the country's export apparel factories, working conditions and labor rights are monitored by inspectors from the International Labor Organization (ILO), an international public organization. The results of the inspections are published in credible, highly transparent reports that describe in detail whether the factories are in compliance with national labor laws and internationally agreed basic labor rights. These reports are published on the Internet, and a range of Cambodian and international actors use them. The U.S. government uses the reports as a key input for decisions under an innovative scheme that allows Cambodian firms to sell more apparel in the U.S. market if they improve working conditions and respect workers' rights. Private retail apparel firms that buy from Cambodian factories also use the reports. These buyers, conscious of their brand reputations, use the reliable information they find in the reports to steer orders toward compliant factories and away from noncompliant ones.
- Topic:
- Foreign Policy, Development, Economics, and Government
- Political Geography:
- United States, Cambodia, and Southeast Asia
1935. The Complexity of Success: The U.S. Role in Russian Rule of Law Reform
- Author:
- Matthew J. Spence
- Publication Date:
- 07-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- MIXED RESULTS FROM THE PROLIFERATION OF WESTERN RULE OF LAW assistance over the past twenty years has taught us much about what efforts do not work. Criminal justice reform in Russia offers a different type of lesson; it is a rare success story of rule of law promotion. In the 1990s, the U.S. government sought to promote the rule of law in many parts of the former Soviet Union and beyond, but few of these efforts outside Russia produced concrete results. Instead, lawlessness became a primary symptom of the apparent failure of many attempted rule of law reforms in the former Soviet Union.
- Topic:
- International Relations and Government
- Political Geography:
- Russia, United States, and Europe
1936. Evaluating Palestinian Reform
- Author:
- Nathan J. Brown
- Publication Date:
- 05-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- IN PALESTINE, CITIZENS HAVE RIGHTS OF FREE SPEECH and free assembly. The most independent judiciary in the Arab world adjudicates their disputes. Palestinians select their leaders freely in competitive elections overseen by an independent electoral commission. A representative assembly monitors the executive, granting and withholding confidence from ministers and reviewing the state budget in detailed public discussions. Elected councils manage local governments that are fiscally autonomous of the center.
- Topic:
- Development, Government, Peace Studies, and Politics
- Political Geography:
- Middle East, Palestine, and Arabia
1937. Judicial Reform in China: Lessons from Shanghai
- Author:
- Veron Mei-Ying Hung
- Publication Date:
- 04-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- The George W. Bush administration in September 2002 laid out in the “National Security Strategy of the United States” its strategy toward China: “We welcome the emergence of a strong, peaceful, and prosperous China.” During a trip to Asia in March 2005, Secretary of State Condoleezza Rice adopted a similar phrase to welcome “the rise of a confident, peaceful, and prosperous China.”
- Topic:
- International Relations, Development, and Government
- Political Geography:
- United States, China, Shanghai, and Asia
1938. Competing Definitions of the Rule of Law: Implications for Practitioners
- Author:
- Rachel Kleinfeld Belton
- Publication Date:
- 01-2005
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- Definitions of the rule of law fall into two categories: (1) those that emphasize the ends that the rule of law is intended to serve within society (such as upholding law and order, or providing predictable and efficient judgments), and (2) those that highlight the institutional attributes believed necessary to actuate the rule of law (such as comprehensive laws, well-functioning courts, and trained law enforcement agencies). For practical and historical reasons, legal scholars and philosophers have favored the first type of definition. Practitioners of rule-of-law development programs tend to use the second type of definition. This paper analyzes the challenge of effectively defining the rule of law, through an examination of both types of definitions, the historical background of each, and the implications of each for rule-of-law development efforts.
- Topic:
- Development, Government, International Law, and Politics
1939. CATO Institute: Aging America's Achilles' Heel: Medicaid Long-Term Care
- Author:
- Stephen A. Moses
- Publication Date:
- 09-2005
- Content Type:
- Working Paper
- Institution:
- The Cato Institute
- Abstract:
- Seventy-seven million aging baby boomers will sink America's retirement security system if we don't take action soon. A few years ago, the problem went unrecognized by most Americans. Today, the prospect of a fiscal crisis has forced policymakers to focus on solutions.
- Topic:
- Economics, Government, and Human Welfare
- Political Geography:
- United States and America
1940. CATO Institute: Medicaid's Unseen Costs
- Author:
- Michael F. Cannon
- Publication Date:
- 08-2005
- Content Type:
- Working Paper
- Institution:
- The Cato Institute
- Abstract:
- Medicaid occupies a special place among government programs for the poor. Public support for Medicaid is broader and deeper than for other safety net programs because the consequences of inadequate medical care can be much more immediate and severe than those of a lack of money or even food.
- Topic:
- Economics, Government, and Human Welfare
- Political Geography:
- United States