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1171. The Concept of 'Law' in Global Administrative Law

Author:
Benedict Kingsbury
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
What constitutes 'law' in the efflorescent field of 'global administrative law'? This article argues for a 'social fact' conception of law, emphasizing sources and recognition criteria, but it extends this Hartian positivism to incorporate requirements of 'publicness' in law. 'Publicness' is immanent in public law in national democratic jurisprudence, and increasingly in global governance, where it applies to public entities rather than to identifiable global publics. Principles relevant to publicness include the entity's adherence to legality, rationality, proportionality, rule of law, and some human rights. This article traces the growing use of publicness criteria in practices of judicial-type review of the acts of global governance entities, in requirements of reason-giving, and in practices concerning publicity and transparency. Adherence to requirements of publicness becomes greater, the less the entity is able to rely on firmly established sources of law and legal recognition. 'Private ordering' comes within this concept of law only through engagement with public institutions. While there is no single unifying rule of recognition covering all of GAL, there is a workable concept of law in GAL.
Topic:
Governance and Law

1172. Taking Uncertainty Seriously: Adaptive Governance and International Trade: A Rejoinder to Mónica García-Salmones

Author:
Mónica García-Salmones
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The use of experts' power in global networks is often concealed by describing it in the register of scientific truths. This text seeks to illustrate the phenomenon by reference to the recent article by Cooney and Lang, 'Taking Uncertainty Seriously: Adaptive Governance and International Trade', which appeared in this journal. The account those authors give of WTO law goes beyond a purely legitimacy-based structure focused on effectiveness. Instead, the question is framed in terms of cognitive achievements by regulators in the member states. The present article uses Cooney and Lang's project and the same example of the WTO in order to evaluate global governance. In so doing it analyses the functionalist style of public law, together with neofunctionalism and the historical phenomena by which increasing areas in the public sphere are attributed to regulators, both national and international. With this article, the author hopes to contribute to the debate about the tensions caused by the legal activity of international organizations in a world of equal sovereigns with unequal access to power. In conclusion it is suggested that, so far as contemporary global governance is concerned, the distribution of jurisdiction through regulation is the sphere in which the usual political struggles between international actors take place.
Topic:
World Trade Organization and Governance

1173. Massachusetts Miracle or Massachusetts Miserable: What the Failure of the "Massachusetts Model" Tells Us about Health Care Reform

Author:
Michael Tanner
Publication Date:
06-2009
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
When Massachusetts passed its pioneering health care reforms in 2006, critics warned that they would result in a slow but steady spiral downward toward a government-run health care system. Three years later, those predictions appear to be coming true: Although the state has reduced the number of residents without health insurance, 200,000people remain uninsured. Moreover, the increase in the number of insured is primarily due to the state's generous subsidies, not the celebrated individual mandate. Health care costs continue to rise much faster than the national average. Since 2006, total state health care spending has increased by28 percent. Insurance premiums have increased by 8–10 percent per year, nearly double the national average. New regulations and bureaucracy are limiting consumer choice and adding to healthcare costs. Program costs have skyrocketed. Despite tax increases, the program faces huge deficits. The state is considering caps on insurance premiums, cuts in reimbursements to providers, and even the possibility of a “global budget” on health care spending—with its attendant rationing. A shortage of providers, combined with increased demand, is increasing waiting times to see a physician. With the “Massachusetts model” frequently cited as a blueprint for health care reform, it is important to recognize that giving the government greater control over our health care system will have grave consequences for taxpayers, providers, and health care consumers. That is the lesson of the Massachusetts model.
Topic:
Health, Human Welfare, Markets, and Governance
Political Geography:
United States

1174. Governing Finance: East Asia's Adoption of International Standards

Author:
Saori N. Katada
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
More than a decade has passed since the East Asian economies were marred by the massive financial crisis, which some assessed as the best thing that could have happened to the region (Kristopf and WuDunn, 2000). This 'blessing in disguise' allegedly comes from the fact that the governments of the crisis-hit countries 'responded by launching one of the most ambitious governance reform projects in living memory' (p. 1). Such reform is implemented by the East Asian governments' active compliance to international standards of transparency, finance, and corporate governance. The influence of this so-called 'regulatory neoliberalism' has been credited as the source of convergence of East Asian economies to international norms.
Topic:
Government and Governance
Political Geography:
East Asia

1175. A Balanced Strategy: Reprogramming the Pentagon for a New Age

Author:
Robert M. Gates
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
The Pentagon has to do more than modernize its conventional forces; it must also focus on today's unconventional conflicts -- and tomorrow's.
Topic:
Development, Economics, and Governance
Political Geography:
Afghanistan, United States, and Iraq

1176. The European Parliament – more powerful, less legitimate? An outlook for the 7th legislature

Author:
Julia De Clerck-Sachsse and Piotr Maciej Kaczyński
Publication Date:
05-2009
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
At the end of the 6th legislature, fears that enlargement would hamper the workings of the European Parliament have largely proved unfounded. Despite the influx of a large number of new members to Parliament, parties have remained cohesive, and legislative output has remained steady. Moreover, after an initial phase of adaptation, MEPs from new member states have been increasingly socialised into the EP structure. Challenges have arisen in a rather different field, however. In order to remain efficient in the face of increasing complexity, the EP has had to streamline its working procedures, moving more decisions to parliamentary committees and cutting down time for debate. This paper argues that measures to increase the efficiency of the EP, most notably the trend towards speeding up agreements with the Council (1st reading agreements) run the risk of undermining the EP's role as a forum of debate. Should bureaucratisation increasingly trump politicisation, the legitimacy of the EP will be undermined, and voters will become ever more alienated from its work. For the 7th legislature of the European Parliament therefore, it is crucial to balance efficiency of output with a more politicised policy style that is able to capture public interest.
Topic:
Politics, Regional Cooperation, and Governance
Political Geography:
Europe

1177. Ethiopia: Ethnic Federalism and Its Discontents

Publication Date:
09-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The Ethiopian Peoples' Revolutionary Democratic Front (EPRDF), led by its chairman and prime minister, Meles Zenawi, has radically reformed Ethiopia's political system. The regime transformed the hitherto centralised state into the Federal Democratic Republic and also redefined citizenship, politics and identity on ethnic grounds. The intent was to create a more prosperous, just and representative state for all its people. Yet, despite continued economic growth and promised democratisation, there is growing discontent with the EPRDF's ethnically defined state and rigid grip on power and fears of continued inter- ethnic conflict. The international community should take Ethiopia's governance problems much more seriously and adopt a more principled position towards the government. Without genuine multi-party democracy, the tensions and pressures in Ethiopia's polities will only grow, greatly increasing the possibility of a violent eruption that would destabilise the country and region.
Topic:
Ethnic Conflict, Political Economy, Politics, and Governance
Political Geography:
Africa and Ethiopia

1178. A Global Fund for Education: Achieving Education for All

Author:
David Gartner
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
The Brookings Institution
Abstract:
In order to realize the world's commitment to ensuring education for all by 2015, important innovations and reforms will be needed in the governance and financing of global education. In 2008, Presidential Candidate Barack Obama committed to making sure that every child has the chance to learn by creating a Global Fund for Education. Secretary of State Hillary Clinton has recently called for a new architecture of global cooperation that requires institutions to "combine the efficiency and capacity for action with inclusiveness." A new Global Fund for Education should be an independent and inclusive multi-stakeholder institution that builds upon existing institutions and supports country-driven solutions. It must be capable of mobilizing the approximately $7 billion annually still needed to achieve education for all, while holding all stakeholders accountable for achieving results with these resources.
Topic:
Education, Globalization, International Cooperation, and Governance

1179. Learning to Share: Explaining the Conditions under Which States Delegate Governance

Author:
Aila M. Matanock
Publication Date:
09-2009
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
A potential solution for weak or failing states is to enact a delegation agreement whereby a host relinquishes authority over some governance function to an external actor. Through case studies in Melanesia, I find that these arrangements can be implemented as treaties, rather than contracts, so that the external actor remains somewhat exempt from the normal procedure or law of the host state. I also generate hypotheses about the conditions under which host states and external actors enact these self-enforcing equilibria: host states request these agreements either where a major law and order problem leads to a loss of monopoly on the use of force, or where extortion or corruption leads to budgetary crisis. External actors agree to them only under the latter circumstances since this makes the reputational and actual costs of the mission lower, as judged against alternative methods for resolving the problem, and where that state also poses a specific transnational security threat.
Topic:
Corruption, Debt, Fragile/Failed State, and Governance

1180. The Politics of Globalization Studies: From the problem of sovereignty to a problematics of government

Author:
Wanda Vrasti
Publication Date:
10-2009
Content Type:
Working Paper
Institution:
Institute on Globalization and the Human Condition, McMaster University
Abstract:
In the interest of convenience, the study of globalization can be grouped into three camps – hyperglobalist, sceptic, and transformationalist approaches (Held et al. 1999). Over the past decade or so, the first two have gradually fallen into disrepute for their empirical weaknesses and their theoretical lack of sophistication. By default, proponents of the transformationalist thesis, although by no means a unified approach, have emerged triumphant by being able to offer increasingly compelling examinations of the changing relation between space and sovereignty.
Topic:
Globalization, Sovereignty, Political Theory, and Governance
Political Geography:
North America