Suchergebnisse

Within the Institutional Analysis and Development (IAD) framework, the concept of an action situation generalizes a game to allow for endogenous changes in its rules. This article re‐visits this core concept to explore its potential for serving as the foundation for a systematic approach to the construction of more elaborate models of complex policy networks in which overlapping sets of actors have the ability to influence the rules under which their strategic interactions take place. Networks of adjacent action situations can be built on the basis of the seven distinct types of rules that define an action situation or by representing generic governance tasks identified in related research on local public economies. The potential of this extension of the IAD framework is demonstrated with simplified network representations of three diverse policy areas (Maine lobster fisheries, international development assistance, and the contribution of faith‐based organizations to U.S. welfare policy).

In academic and public debates, external actors have been considered to promote their rules most effectively in third countries in cases of high and asymmetric interdependence. Hence, high interdependence of European Neighborhood Countries (ENC) with Russia has been discussed as a major constraint to EU rule transfer. The case of migration policies, however, represents an odd one out: high degrees of interdependence of the ENC and Russia are coupled with compliance with EU rules, whereas lower degrees of interdependence correlate with shallow and selective compliance. The paper investigates the de facto impact of Russia and the EU on the implementation of the European Neighborhood Policy (ENP) in this highly interdependent policy field and argues for a change in perspective: adopting a stronger bottom-up perspective on power-based approaches of external governance cannot only account for varying compliance records, but also shows how domestic actors can use multiple external opportunity structures to promote their own agenda.

Most evidence for the resource curse comes from cross-country growth regressions suffers from a bias originating from the high and ever-evolving volatility in commodity prices. This paper addresses these issues by providing new cross-country empirical evidence for the effect of resources in income per capita. Natural resource dependence (resource exports) has a significant negative effect on income per capita, especially in countries with bad rule of law or bad policies, but these results weaken substantially once we allow for endogeneity. However, the more exogenous measure of resource abundance (stock of natural capital) has a significant negative effect on income per capita even after controlling for geography, rule of law and de facto or de jure trade openness. Furthermore, this effect is more severe for countries that have little de jure trade openness. These results are robust to using alternative measures of institutional quality (expropriation and corruption instead of rule of law).

AbstractThe relationship between international environmental law and international humanitarian law, like relationships between many other subsystems of contemporary international law, has not yet been articulated. The problem of environmental damage in international armed conflict lies at the intersection of these two branches and thus provides an ideal opportunity to investigate this relationship. Rather than simply evaluating the applicable international law rules in their context, we break them into elements that we separately assess from both (international) environmental law and international humanitarian/international criminal law perspectives. By doing so, we identify how international law rules for cross-sectoral problems may appropriately combine the existing expertise and institutional strengths of simultaneously applicable branches of international law, and also discover how an evaluation of the ultimate appropriateness of the cross-sectoral rules adopted may be substantially affected by the different frames of reference that are used by those working within the different fields.

Through history, the refusal to participate in political elections has become a basic rule of the anarchist movement. It is now part of its identity & it is therefore a core principle of the French Anarchist federation. This article intends to study the organization as an institution by focusing on how activists' roles are learnt & enacted. It shows that non-voting is considered as a part of the role of every member in the institution, & that failing to play it correctly exposes the individual to strong disapproval form the group. But this does not mean that it is impossible to infringe the rule, although deviance tends to remain hidden most of the time. Only in exceptional circumstances can the general rule be challenged, but in order to be heard, those who challenge it can only claim to do so on account of the institution's goals & in very specific conditions, which somehow weakens their undertaking. Adapted from the source document.

Proportional representation rules occasionally allow list apparentments between parties. This means that the electoral lists of allied parties are considered as a single unit for the first division of mandates. As votes are summed up, the alliances are larger than each single party, and this bring along substantial advantages under the d'Hondt seat allocation rule. Switzerland practices list apparentments both in national elections and in a number of cantons. The main winners of such apparentments are the political left and green parties. The investigation of the usage and gains from list apparentments shows that the instrument fulfilled its main goal of reducing the partisan bias of the d'Hondt rule. Left-wing and green parties have been the main beneficiaries of list apparentments in these elections. However, this is only the case due to the allowance of sub-apparentments in the Swiss electoral system. Adapted from the source document.

In Ruling Oneself Out Ivan Ermakoff (2008) addresses the puzzle of what amounts to collective political suicide: why would any constitutional body pass legislation that in effect cedes all its power to another entity—an autocrat? Constitutional rule rules itself out, closing off any pathway back to constitutional rule. Ermakoff explores this unusual but not unique development in two cases of the utmost significance for World War II: the March 1933 decision by the German Reichstag to give power to Adolf Hitler to modify the Weimer constitution without further recourse to parliament, and the French National Assembly's decision in Vichy in July 1940 to transfer all state powers to Marshall Philippe Pétain.Ermakoff has woven a fabric of many threads—some historical, some methodological, some theoretical—drawn together in complex patterns. His analysis begins by artfully turning what in many books would be a historiographical review of previous work into a deep and thorough consideration of three alternative explanations of abdication.

Two decades after the predicted "end of ideology", we are observing a re-emphasis on party ideology under Hu Jintao. The paper looks into the reasons for and the factors shaping the re-formulation of the Chinese Communist Party's (CCP) ideology since 2002 and assesses the progress and limits of this process. Based on the analysis of recent elite debates, it is argued that the remaking of ideology has been the consequence of perceived challenges to the legitimacy of CCP rule. Contrary to many Western commentators, who see China's successful economic performance as the most important if not the only source of regime legitimacy, Chinese party theorists and scholars have come to regard Deng Xiaoping's formula of performance-based legitimacy as increasingly precarious. In order to tackle the perceived "performance dilemma" of party rule, the adaptation and innovation of party ideology is regarded as a crucial measure to relegitimize CCP rule.

AbstractIssues of State complicity arise ever more frequently in international relations. Rules which deal with the responsibility of States for aiding or assisting in the commission of internationally wrongful acts by other States are, however, not yet fully developed. States frequently support each other's actions without necessarily considering the potential implications of the rules on complicity in international law. This leads to another problem: is support given to another State automatically to be seen as relevant practice for the development of new customary rules or the interpretation of treaties through subsequent practice? Or is it possible for complicit States to play two different roles: to assist in some conduct while not endorsing the legal claim associated with it? This contribution aims to untangle the various facets of complicit State behaviour. It will argue that in some cases, States can indeed play two different roles. States should, however, be careful in considering the long-term implications of such behaviour.

One of the most noteworthy achievements of the establishment of the WTO in 1995 was the introduction of its binding dispute settlement system. Building upon GATT dispute settlement practice, the Understanding on the Rules and Procedures Governing the Settlement of Disputes ("DSU") contains innovations that resulted in a paradigm shift from a system based on economic power and politics to one based on the rule of law. The resulting increased legality of the WTO has been hailed to benefit considerably smaller countries, of which many are developing countries and least-developed countries ("LDCs"). As Steger and Hainsworth comment, the shift "is particularly beneficial for smaller countries, as without the rules and procedures of the DSU. they would not have the necessary bargaining power vis-à-vis the larger powers." Similarly, Weiler notes the advantages of the legalised WTO model, especially for the meek economically and politically unequal.

This study examines the implementation of work sanctions in Texas, a state that switched from partial to full benefit sanctions. A qualitative research design is used consisting of 255 individual case studies obtained from administrative fair hearing data under Texas's full and partial sanction regimes. Recipients' explanations for not complying with the work rules and how workers assessed these explanations and whether sanctions were appropriate are examined. This study found that recipients' reasons for not complying with work rules were similar for both full and partial sanctions. The primary reasons for their noncompliance were family obstacles and situational challenges or lack of notice. Workers responses under both regimes were also very similar, with workers using their discretion to apply sanctions punitively. Workers focused on the paper-processing tasks of sanctioning rather than the larger goal of encouraging self-sufficiency, with workers failing to distinguish between procedural and substantive violations of the work rules.

This text analyses the development of internal procedures within the European Parliament through modifications to the Rules of Procedure, & how this impacts the legislative powers of the institution. The work assumes that the treaty revisions must be studied in a wider context to fully understand its real impact on European institutions & the EU as a whole. For a complete understanding of the European Parliament's legislative role in the EU, it is not enough to chart formal increases to its powers in treaties; it is necessary to examine how these formal changes in law & treaties are reflected in the Parliament's internal reforms. The aim of the text is to examine revisions to the EP Rules of Procedure, provide its analysis in historical sequence & to verify the hypothesis that the Rules of Procedure present an instrument through which this European institution can maximize its potential in the legislative sphere. Adapted from the source document.

Since 1996, U.S. federal regulations allow research without informed consent to study emergency conditions, if there is currently no satisfactory treatment for the condition, no time to obtain advance consent from the patient or representative, and if there is community involvement through a public disclosure and community consultation process. REB experiences since then are unknown. We surveyed REB chairpersons at the 126 United States medical schools to quantify reviewed protocols and identify attitudes about the rule, to better understand the rule's impact on REBs. Sixty-nine surveys were returned (55%). Fifty-two respondents reviewing human research had heard of the Rule. Forty-eight percent (25/52) had reviewed such a study; 40% of those had rejected at least one. Seventy-eight percent believe the rule protects human subjects, and 88% feel prepared to implement them. REB views differed from public opinion on how best to enact notification and consultation.