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271. Parliamentary War Powers: A Survey of 25 European Parliaments

Author:
Sandra Dieterich, Hartwig Hummel, and Stefan Marschall
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper presents a survey of parliamentary 'war powers' based on a comprehensive and detailed review of the degrees and institutional forms of parliamentary involvement in military security policy-making. As our original research project focused on the involvement of European Union (EU) states in the recent Iraq war, we present data for the then 25 member and accession states of the EU as of early 2003. This survey of parliamentary war powers covers the legislative, budgetary, control, communicationrelated and dismissal powers of the respective parliaments relating to the use of military force. Referring to this data, we distinguish five classes of democratic nation-states, ranging from those with 'very strong' to those with only 'very weak' war powers of the respective national parliament.
Topic:
Security, Defense Policy, Democratization, Governance, and Law
Political Geography:
Iraq and Europe

272. The Role of Penal Reform in Security Sector Reform

Author:
Megan Bastick
Publication Date:
01-2010
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Penal reform activities have been carried on in Europe and the United States since at least the late eighteenth century. Security sector reform (SSR), a much newer concept, is a governance-driven approach that looks to strengthen the roles of both state and non-state actors to deliver security to individuals and communities. As such, attention to the penal system is important in any comprehensive SSR process. However, much SSR programming overlooks penal elements, and lessons learnt through long experience in penal reform have not been applied to other SSR activities. There is limited discourse between the penal reform community of practice and the wider SSR community.
Topic:
Security, Governance, Law, and Prisons/Penal Systems
Political Geography:
United States and Europe

273. Toward a Free-Market Union Law

Author:
Charles W. Baird
Publication Date:
02-2010
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
F. A. Hayek and W. H. Hutt wrote extensively about the malign economic and social effects of the special privileges and immunities granted by governments to labor unions, but they wrote much less about what a free-market unionism might look like. They argued that all legislation that has conferred coercive powers on unions should be repealed, but they did not propose any specific free-market union legislation to take its place. Perhaps they thought that if all offending legislation were repealed there would be no need for any union-specific legislation. The common law of property, contract, and tort would suffice. Nevertheless, it is difficult in American politics to replace something with nothing. Therefore, I think it is useful, albeit constructivist, to propose a free-market alternative to the Norris- LaGuardia Act of 1932 (NLA) and the National Labor Relations Act of 1935 as amended in 1947 (NLRA). Perhaps the chief value of such a proposal is to make explicit what the ordinary law of property, contract and tort implies for the labor market and the role of unions therein. New Zealand's 1991 Employment Contracts Act (ECA) is a good, but imperfect, guide in this endeavor.
Topic:
Law
Political Geography:
America and New Zealand

274. Warum betreibt der Europäische Gerichtshof Rechtsfortbildung? Die Politisierungshypothese

Author:
Martin Höpner
Publication Date:
02-2010
Content Type:
Working Paper
Institution:
Max Planck Institute for the Study of Societies
Abstract:
Scholars from law, political science and sociology agree that the European Court of Justice (ECJ) interprets European law extensively and that the Court has become an “engine of integration” that, de facto, conducts integration policy. On the basis of ten landmark ECJ decisions, this paper discusses whether the politicization hypothesis can help to explain this development. The politicization hypothesis posits that ECJ judges make their decisions based on the political interests of either the countries they come from or the parties they sympathize with. The party-based variant of the hypothesis does not seem to have any explanatory power. Similarly, the country-based variant delivers no systematic explanation that could supersede alternative explanations. However, the country-based variant fits quite well with some of the cases observed. I conclude that while situationally motivated acts of politicization may actually occur at the ECJ, which does not imply that the judicial code is being totally replaced by political considerations.
Topic:
International Law and Law
Political Geography:
Europe

275. Crime, Police Corruption and Development

Author:
Jens Chr.1 Andvig and Gbewopo Attila
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
Recently economists have begun to study various aspects of public sector institutions (with their behavioral neighborhoods) and their effects on the long run economic development. Degrees of corruption, rule of law and protection of property rights have all apparently significant economic impact. These results are all based on the construction of indicators for these difficult-to-observe explanatory variable complexes. In most cases the indicators applied have been developed for most countries and have on the one hand 'nice' statistical properties when embedded in regression equations, but on the other hand are conceptually fuzzy with unclear relationships to basic observations. In this paper we go through many of the same relationships, but based on international efforts to collect questionnaire information about citizens' experience with crime and police corruption. This information is more conceptually distinct and likely to be more closely related to relevant experience, but proves on the other hand less amenable to econometric analysis. Despite the latter weakness we have found it worthwhile to pursue it in order to complement the indicator- based approaches.
Topic:
Corruption, Crime, Economics, and Law

276. The Rule of Law in Haiti After the Earthquake

Author:
Vivienne O'Connor
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The January 12th earthquake in Haiti shook the justice system. Prior to the earthquake, Haiti had been making steady progress towards improving access to justice.
Topic:
Disaster Relief, Governance, and Law
Political Geography:
Caribbean and Haiti

277. Obama Appointees with Strong Union Ties Could Push National Labor Relations Board in Wrong Direction

Author:
Thomas P. Gies
Publication Date:
04-2010
Content Type:
Policy Brief
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
How might recess appointments to the National Labor Relations Board (NLRB) affect federal labor law? Controversial appointee Craig Becker is known for advocating policies that fall outside the mainstream view of labor laws. Although the views of one member of the NLRB will not automatically translate into dramatic policy changes, concerns that members of the NLRB may rewrite important principles of federal labor laws through litigation are not unfounded. Whether President Barack Obama's NLRB would be able to enact key provisions of the Employee Free Choice Act through litigation rather than congressional action remains to be seen.
Topic:
Labor Issues and Law
Political Geography:
United States

278. Prospects for Implementing the Korea-US Free Trade Agreement

Author:
Jeffrey J. Schott
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
The Korea-US Free Trade Agreement (KORUS FTA) was signed on June 30, 2007. Since then, the Korean National Assembly has vetted the agreement and the pact cleared a major legislative hurdle when the Foreign Affairs and Trade Committee approved it in April 2009; the full assembly has deferred final passage pending comparable action by the US Congress. In the United States, the ratification process has not yet begun; neither President George W. Bush nor President Barack Obama has submitted implementing legislation to Congress.
Topic:
Diplomacy, International Trade and Finance, Bilateral Relations, and Law
Political Geography:
United States, Israel, Asia, and Korea

279. Does Profit-Seeking Rule Out Love? Evidence (or Not) from Economics and Law

Author:
Julie A. Nelson
Publication Date:
09-2010
Content Type:
Working Paper
Institution:
Global Development and Environment Institute at Tufts University
Abstract:
Many believe that firms are driven to maximize profits, and therefore are not allowed to take actions that would benefit their workers, communities, or the environment if these actions would reduce profits even slightly. This essay shows that this belief is supported neither by sound economic evidence and arguments, nor by United States statutory and case law. The roots of this belief are, instead, to be found in a centuries-old desire of economists to make our discipline look like Newtonian physics. Among scholars of law, both misinformation and the use of University of Chicago-style economics have contributed to the belief's popularity. Among scholars and the public alike, the dualistic "love or money" view is appealing because of its simplicity and congruence with cultural gender norms. Reexamining the evidence, rather than adhering to common ideologies, this essay offers an unconventional analysis of corporate behavior and commodification.
Topic:
Economics, Environment, International Trade and Finance, Markets, and Law
Political Geography:
United States and Chicago

280. Justice and security – when the state isn't the main provider

Author:
Helene Maria Kyed and Peter Albrecht
Publication Date:
12-2010
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
Most people in the world do not take it for granted that the state can or will provide justice and security. Donors who seek to improve access to these services should abandon their concern with 'what ought to be' and focus on 'what works'. This means supporting the providers that exist, and accepting that while wholesale change is not possible, gradual improvement is.
Topic:
Security, Foreign Aid, Governance, and Law
Political Geography:
Afghanistan and Sierra Leone