Corruption in the Courts: the Achilles' heel of Nigeria's regulatory framework?

Abstract

The exponential growth in the size of the private security sector (PSS) in Africa has helped give the issue of its regulation new importance. Yet the ongoing debates over what laws should be passed and by whom tend to ignore the more basic and arguably urgent question of whether African states' justice systems are sufficiently robust to give this legislation meaning. The aim of this paper is to cast some much needed light on this topic by drawing lessons from Nigeria's current experiences. By tracing the development of its PSS code and examining instances of malpractice in its justice system, the article argues that its regulatory framework is fundamentally compromised by corruption.     

From Witchcraft to Proposed Twenty-First Century Reforms: The Ongoing Saga of Training and Development in Canadian Government

[In the federal government of Canada] … up to ten or fifteen years ago, the use of the title personnel officer or training officer would have been sufficient to have one tried for witchcraft.1 Cloutier, S. 1972. “The personnel revolution: an interim report, 1965”. In The Biography of an Institution: The Civil Service Commission of Canada, 1908–1967 Edited by: Hodgetts, J.E., McCloskey, W., Whittaker, Reginald and Wilson, V. Seymour. 457 ppLondon and Montreal: McGill-Queens University Press.  [Google Scholar] a ^aNote: (a) In Canada the terms, “Civil Service” and “Public Service,” are used synonymously. (b) Values are defined in this article as enduring beliefs that influence the choices we make from available means and ends.

—Commissioner Sylvain Cloutier of the federal Civil Service Commission, June 19, 1965. (Comment attributed to CH Bland, Chairman of the Public Service Commission of Canada)     

Government,Effectiveness, Performance,and Local Property Values

Abstract

We offer a practical measure of local government effectiveness in the provision of public services relating service expenditures to aggregate property value. Building on the work of Brueckner (1979 Brueckner, J. K. 1979. Property values, local public expenditure, and economic efficiency. Journal of Public Economics, 11: 223–246.  [Google Scholar], 1982 Brueckner, J. K. 1982. A test for allocative efficiency in the local public sector. Journal of Public Economics, 19: 311–331. [Crossref], [Web of Science ®] , [Google Scholar], 1983 Brueckner, J. K. 1983. Property value maximization and public sector efficiency. Journal of Urban Economics., 14: 1–16.  [Google Scholar]) and Henderson (1990, 1995) we present an aggregate property value maximization model where levels of local public services are capitalized into aggregate property values. Using data for Wisconsin municipalities we demonstrate that service expenditure levels, and simultaneously corresponding taxation levels, are suboptimal and should be increased. The aggregate property value maximization test suggests that local public services in Wisconsin are consistently under-provided. By monitoring local property values officials can objectively measure if public services are being provided in an optimal manner.     

Lebanon in the context of regional politics: Palestinian and Syrian involvement in the Lebanese crisis

This article focuses on the negotiation of Economic Partnership Agreements (epas) which form the central focus of the commitments made in the Cotonou Agreement, signed in 2000 by the European Union and the African, Caribbean and Pacific (acp) states. epas are part of a much wider trend witnessed since the creation of the World Trade Organization (wto), characterised by the proliferation of bilateral free trade agreements. The article argues that both the material and ideational interests of the EU need to be considered alongside the historical context of EU–acp relations. The EU is making a concerted effort to ‘lock in’ neoliberalism across the seven different sub-regions of the acp group by negotiating epas that include both reciprocal trade liberalisation and various ‘trade-related’ issues. In this way epas will go beyond the requirements for wto compatibility, resulting in a reduction of the policy space for acp states to pursue alternative development strategies. The article then considers the potential developmental impact of epas with reference to the negotiations with seven of the 15 member states of the Southern African Development Community (sadc). It is argued that the EU is promoting ‘open regionalism’, which poses a threat to the coherence of the regional project in southern Africa.     

Dynamics of Indonesian democratisation

Financial sector liberalisation has led to market failure on a massive scale. In industrial countries market failure led to the Great Financial Crisis that erupted in 2007 and continues into its fifth year. In developing countries liberalised financial markets have failed to provide access to financial services for the vast majority of households and firms. Small and medium-sized enterprises (smes), which are critical for employment, income creation and economic development, are particularly excluded by liberalised private financial markets. Market failure necessitates government intervention. To enhance smes' financial access requires an activist role by governments—not only by ensuring an enabling policy framework and financial infrastructure for smes, but also by supporting direct provision of financial services through national development banks and directed credit programmes. More broadly the crisis also provides an opening for a neo-structuralist development paradigm to replace the failed Washington Consensus. In this context activist financial sector policies should be integrated with industrial sector strategies.     

Localizing the Private Sector Workforce in the Gulf Cooperation Council Countries: A Study of Kuwait

The Gulf States have the highest numbers of migrant workers in the world (Shah, 2006 Shah, N. 2006. Restrictive labour immigration policies in the oil-rich Gulf: Effectiveness and implications for sending Asian countries. United Nations Expert Group Meeting on International Migration and Developments in the Arab region. 2006, Beirut, Lebanon.  [Google Scholar]). The rapid economic growth these states have witnessed over the last five decades has made them an attraction to foreign labor from around the world. This study explores the problem of the low rate of citizens working in the private sector in the Gulf Cooperation Council (GCC) states, with a focus on the State of Kuwait. In order to gain a better understanding of the phenomenon under study, the problem is contextualized in the wider region by examining localization efforts in two other GCC countries: the United Arab Emirates (UAE) and Saudi Arabia. Considering the similar demographical, economic, and social conditions among GCC countries, the study was conducted in the State of Kuwait.     

Mediating international and domestic demands: mnemonic battles surrounding the monument to the fallen of the wars of the 1990s in Belgrade

In this article I present a decade-long affair over the erection of the Monument in Belgrade to those killed in the wars of the 1990s where the official Serbian policy was to manage its contested past through cover ups and cultural reframing rather than public acknowledgement. I demonstrate here that, though the open competitions to erect a monument dedicated to the fallen¹1. This was the most contested issue and was changed in every open competition formulation.View all notes of the wars of the 1990s were an opportunity to negotiate different mnemonic agendas, the ruling political elite, as the dominant actor, promoted Serbian victimhood as it meant to bridge gaps in the opposing domestic and international demands. I suggest here that the mnemonic battle in present-day Serbia proves to be an exemplary case of how a post-conflict nation state mediates its contested past when caught in the gap between the domestic demands and those of international relations.     

PUBLIC ENTREPRENEURSHIP: RHETORIC,REALITY, AND CONTEXT

ABSTRACT

Public Entrepreneurship: Rhetoric, Reality, and Context

The concept of entrepreneurship has entered the discourse of public management amongst practitioners and scholars across a range of different public service organisations in different countries. It has been recognised, for example, in the UK,[1] 1999. Modernising Government: White Paper London: HMSO. Cabinet Office [Google Scholar]the USA[2] Osborne, D. and Gaebler, T. 1992. Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector Reading MA: Addison Wesley. [Crossref] , [Google Scholar]and Australia[3] Wanna, J., Forster, J. and Graham, P., eds. 1996. Entrepreneurial Management in the Public Sector Brisbane, , Australia: Centre for Australian Public Sector Management.  [Google Scholar]and variously interpreted by its promoters as:

• An integral part of a transformational political philosophy, affecting not just the delivery of public services but also community life (e.g., the ‘Third Way’ in the UK).

• More modestly, a response to the ‘dead hand’ of bureaucracy which inhibits public organisations becoming more responsive to their customers, clients and communities,

• A way of allowing public service managers the ‘freedom to manage’, deploying skills and approaches identified with private sector management.

Entrepreneurship is used primarily to make normative judgements. The form that entrepreneurship takes in a public service management context and the extent to which it exists, are undeveloped empirical questions. This paper examines three main sets of questions:

• Why there has been a call for entrepreneurial government–the rhetorical dimension.

• What practising managers perceive the term to mean to the services they are responsible for–the reality dimension.

• Whether public entrepreneurship has any meaning outside of the particular political, economic and social context found in western, industrialised democracies–the context dimension.

The paper explores the nature of the discourse within which notions of public entrepreneurship are located and given legitimacy by different groups of stakeholders. It also seeks to uncover some variables that have an impact upon the practice of public entrepreneurship in different countries, organisations and social, economic and political cultures and organisations.

Although organisations such as the OECD identify universal themes and trends in the delivery of public services, there is little empirical evidence of convergence or universality.[4] Pollitt, C. 2001. ‘Clarifying Convergence: Striking Similarities and Durable Differences in Public Management Reform’. Public Management Review, 3(4): 471–492. [Taylor & Francis Online] , [Google Scholar]This paper notes that although the concept of entrepreneurship is not unique to one or two contexts, there is limited convergence on what it means and whether and how it is ‘practised’.     

The New Public Management Theory and the Reform of European Health Care Systems: An International Comparative Perspective

The New Public Management (NPM) Theory is a rhetorical construction with diverse intellectual roots. That diversity means that it is open to reinterpretation and shifts in implementation across countries (Sahlin-Andersson, 2001 Sahlin-Andersson, K. 2001. “National, international and transnational constructions of New Public Management”. In New Public Management—The transformation of ideas and practice, Edited by: Christensen, T. and ægreid, P. L. 43–72. Aldershot, , UK: Ashgate.  [Google Scholar]; Smullen, 2007 Smullen, A. 2007. Translating agency reform: Rhetoric and culture in comparative perspective, Rotterdam, , The Netherlands: PhD Dissertation, Erasmus University.  [Google Scholar]). This overview article critically investigates NPM application in various EU health care systems. NPM led to a greater focus on market forces and competition and improved information sharing and cooperation among health care networks, and changed the way care is delivered. This article also identifies significant misfits between policy announcements and NPM implementation. NPM has taken root much more substantially in the United Kingdom (UK) than in France and Germany. The variety of capitalism and institutional systems provides an explanation for divergences in NPM implementation.     

The Geography of Participation

Revisiting the critique of participatory development and one of its core political technologies, Participatory Rural Appraisal (PRA), this paper suggests that participation in the form of PRA creates ‘provided spaces’ that dislocate ‘development’ from politics and from political institutions of the postcolonial state. PRA thereby becomes what Chantal Mouffe calls a post-political aspiration through its celebration of deliberative democracy (although this is largely implicit rather than explicit in the PRA literature). What makes this post-political aspiration dangerous is that its provided spaces create a time–space container of a state of exception (the ‘workshop’) wherein a new sovereign is created. In combination with other developmental techniques, PRA has become a place where a new order is being constituted—the state of exception becomes permanent and nurtures the ‘will to improve’ that undergirds ‘development’.     

Sonic diaspora,vibrations, and rhythm: thinking through the sounding of the Jamaican dancehall session

Abstract

The propagation of vibrations may provide a better way of understanding the spread of diasporas than the conventional focus on the circulation of products (Hall 1980 Hall, S. 1980. “Encoding/decoding”. In Culture, media, language, Edited by: Hall, S., Hanson, D., Lowe, A. and Willis, P. 122–127. London: Unwin Hyman in association with the Centre for Contemporary Cultural Studies.  [Google Scholar], Appadurai 1986 Appadurai , A. 1986 . The social life of things: commodities in cultural perspective . Cambridge : Cambridge University Press .[Crossref] , [Google Scholar], 1996 Appadurai, A. 1996. Modernity at large: cultural dimensions of globalization, Minneapolis, MN: University of Minnesota Press.  [Google Scholar], Gilroy 1993a Gilroy, P. 1993a. The black Atlantic: modernity and double consciousness, London: Verso.  [Google Scholar], Brah 1996 Brah, A. 1996. Cartographies of diaspora: contesting identities, London: Routledge.  [Google Scholar]). Jamaican sound systems operate as a broadcast medium and a source of CDs, DVDs, and other commercial products (Henriques 2007a Henriques, J. 2007a. “The Jamaican dancehall sound system as a commercial and social apparatus”. In Sonic synergies: music, identity, technology and community, Edited by: Bloustein, G., Peters, M. and Luckman, S. 133–146. London: Ashgate.  [Google Scholar]). But the dancehall sound system session also propagates a broad spectrum of frequencies diffused through a range of media and activities – described as ‘sounding’ (following Small's 1998 concept of ‘musicking’). These include the material vibrations of the signature low-pitched auditory frequencies of Reggae as a bass culture (Johnson 1980 Johnson, L.K. 1980. Bass culture, [LP] London: Island Records.  [Google Scholar]), at the loudness of ‘sonic dominance’ (Henriques 2003 Henriques, J. 2003. “Sonic dominance and the reggae sound system”. In Auditory culture, Edited by: Bull, M. and Back, L. 451–480. Oxford: Berg.  [Google Scholar]). Secondly a session propagates the corporeal vibrations of rituals, dance routines, and bass-line ‘riddims’ (Veal 2007 Veal, M. 2007. Dub: songscapes and shattered Songs in Jamaican reggae, Middletown, CT: Wesleyan University Press.  [Google Scholar]). Thirdly it propagates the ethereal vibrations (Henriques 2007b Henriques, J. 2007b. “Situating sound: the space and time of the dancehall session”. In Thamyris/intersecting: place, sex and race, Edited by: Marijke, J. and Mieskowski, S. 287–309. Sonic interventions.  [Google Scholar]), ‘vibes’ or atmosphere of the sexually charged popular subculture by which the crowd (audience) appreciate each dancehall session as part of the Dancehall scene (Cooper 2004 Cooper, C. 2004. Sound clash: Jamaican dancehall culture at large, New York: Palgrave. [Crossref] , [Google Scholar]). The paper concludes that thinking though vibrating frequencies makes it easier to appreciate how audiences with no direct or inherited connection with a particular music genre can be energetically infected and affected – to form a sonic diaspora.     

Security Sector Reform and State Building

This article argues that there is a close link between security sector reform (ssr) and state building. Focusing on UK approaches to state building and ssr, it argues that these are an extension of liberal models containing a number of assumptions about the nature of states and how they should be constructed and that any analysis of ssr approaches needs to be seen within a broader framework of the international community, which tends to see the replacement of ‘dysfunctional’ societies as desirable both for the people of those states and for the international community. As a result, state building has largely been carried out as a ‘technical-administrative’ exercise focusing on the technicalities of constructing and running organisations rather than on the politics of creating states, leading to a lack of overall political coherence in terms of where ssr is, or should be, going and of what kinds of state are being constructed. Politics is frequently cited by practitioners as representing a set of obstacles to be overcome to achieve ssr rather than a set of assumptions about actually doing it. The effect of development and security policies working closely together in insecure environments is an overarching emphasis on security at the expense of the harder, more long-term process of development.     

Chester I. Barnard's reflections on his nine weeks in the United States treasury department

This essay seeks to identify relevant issues regarding the relationship between organizational change strategies aimed at improving the delivery of public services to low income clientale in human service agencies. ^{* *}A human service is defined as a form of assistance given to a client by a public agency; such assistance i s ameliorative in nature and is intended to provide for a social welfare need that cannot otherwise be met. ^*A human service is defined as a form of assistance given to a client by a public agency; such assistance i s ameliorative in nature and is intended to provide for a social welfare need that cannot otherwise be met.$ef: The strategies discussed in this

essay are: organizational development (OD), transorganizational development, reorganization and decentralization. The discussion is mainly theoretical, derived only in part from the literature and from actual experiences. The focus i s on detemining (logically, not empirically) the consequences of applying different types of organization change strategies as means for improving the delivery of human services. A major assumption i s that each of the strategies would incur somewhat different costs and produce different benefits with varying operational constraints.     

Mining strategies in the Middle East and North Africa

This article provides a mapping exercise of the economic importance of non-hydrocarbon minerals (nhm) in the Middle East and North Africa (mena) and shows how governments in the region increasingly perceive them as strategic resources. The focus is on Saudi Arabia and other Gulf countries, Turkey, Morocco and Iran. nhm like iron ore, phosphates, aluminium and uranium are important for development models in the region, either as export commodities or as vital input factors. Since the 1990s, and as elsewhere in the world, the sector has witnessed privatisation and the promulgation of new mining codes. Yet governments have retained core capabilities and manage most key commodities themselves either directly or indirectly. Mining projects have met with opposition from labour representatives. They also have considerable environmental impact. The article discusses rentier state and resource curse theories, but argues that nhm have also increased development options and have contributed to economic diversification rather than being just a curse.     

CHANGING DEVELOPMENTS IN NPM

Global developments have meant that nations increasingly compete on a variety of levels.[1] The OECD Report on Regulatory Reform, vol. I and II. OECD, Paris, 1997. [Google Scholar]The basis of competition between nations is not only in terms of market share, but also in the scale, shape and role of their public sectors and the regulatory regimes that are emerging within them. Since the early 1980s there has been growth in industrialised economies and increasing attempts across a large number of different jurisdictions to scale down and reform the large public sectors characteristic of the old Soviet bloc countries and to a lesser extent ‘welfarist’ social democratic regimes.     

E-Rulemaking: Issues in Current Research and Practice [1]

Abstract

A rich and challenging dialogue about the shape of eRulemaking is underway. While in its infancy, an interdisciplinary research community has formed to assess and inform the development of information technologies that serve the public and rule writers. To date, little is actually known about whether this transition is likely to benefit or degrade the role of public participation. As with all policy innovation, particularly technologically determined innovation, the risk of unintended consequences is present. While the Internet may usher in a new era of more inclusive, deliberative, and legally defensible rulemaking, it may be just as likely to reinforce existing inequalities, or worse, create new pitfalls for citizens wishing and entitled to influence the decision-making process.

This article examines the origin of Regulations.Gov, a federal Web portal, in the context of recent literature on public participation, and federally funded research into impact of eRulemaking. It draws on workshop, interview, and focus group experiences that have fed into a multiyear dialogue between researchers, regulators, and the regulated public. It argues this dialogue is a fruitful and necessary part of the development of a standard architecture for eRulemaking that is consistent with the intent of public participation in the regulatory rulemaking process.

“We have been as welcoming and joyous about the Net as the earthlings were about the aliens in Independence Day; we have accepted its growth in our lives without questioning its final effect. But at some point, we too will come to see a potential threat.” ^[2] Lessig, L. 1999. Code and Other Laws of Cyberspace, 58New York: Basic Books.  [Google Scholar]     

Modernising local government: The impact of new political arrangements on chief officers for leisure and recreation in Wales

Abstract

This paper is concerned with the effects of new forms of executive government on local authority chief officers for leisure and recreation in Wales. Based on a new institutionalist approach to research (Lowndes, 2002 Lowndes, V. 2002. “Institutionalism”. In Theories and Methods in Political Science, 2nd edition, Edited by: Marsh, D. and Stoker, G. Basingstoke: Palgrave.  [Google Scholar]), survey and interview data were gathered during 2004–05. There are four principal findings: (i) effects of changes to the officer structure; (ii) changing emphasis between the centre and services; (iii) changing roles for chief officers; and (iv) impact and changes as a result of the new arrangements. Political modernisation of local government and the narratives of elite actors are highlighted and theoretical implications are advanced in conceptual models.     

Transnational Capital,the US State and Latin American Trade Agreements

This paper examines the role of US-based transnational corporations in advancing trade, investment, regulatory and intellectual property rights provisions within NAFTA and DR–CAFTA. I explore the linkages between US firms, the US state and investment patterns in Mexico, Central America and the Dominican Republic in order to develop a framework for understanding the political economy of these regional trade agreements. I locate the timing of each of these agreements within the context of the goals of a transnational interest bloc that includes US-based transnational firms, US state officials and regional business interests and state bureaucracies in Latin America, with each trying to utilise regional agreements as a substitute for failed multilateral initiatives as well as a springboard for advancing a more aggressive set of protections for investors within bilateral investment treaties. In order to determine the extent to which transnational firms based in the USA have influenced these trade agreements, I explore three interrelated aspects of business influence: the extent to which transnational firms with investment interests in Mexico and Central America were involved in organisations that had regular access to key US policy makers; the historical development of a transnational interest bloc that has linked US firms and the US state to transnational capital and state bureaucracies in Mexico, Central America and the Dominican Republic; and the extent to which the same group of transnational firms has been attempting without success to advance a policy agenda in the WTO that incorporates many of the provisions of NAFTA and DR–CAFTA. The failure of this transnational interest bloc to effect substantial changes in WTO policies has led the bloc to rely on regional trade agreements to pursue its interests.     

Caught Between Agendas: GPRA,Devolution, and Politics

Abstract

Despite the optimism that has surrounded the performance movement, there are signals that these expectations are not easy to achieve. This paper focuses on performance activities within the federal government and the accountability concerns that have been attached to the federal‐level Government Performance and Results Act (GPRA). It highlights the special problems that are raised in an environment in which federal programs are devolved to state and local government. It reviews the context from which this reform effort has emerged, the constraints surrounding it, highlights several problems in federal performance activities, and suggests an alternative approach to performance instead of GPRA.1–3 Radin, B. A. 2000. The Government performance and results act (GPRA) and the tradition of federal management reform: square pegs in round holes?. J. Publ. Adm. Res. Theor., 1: 111–135. Radin, B. A. 2000. Intergovernmental relationships and the federal performance movement, PUBLIUS. The Journal of Federalism, 30 Radin, B. A. 1998. The Government performance and results act (GPRA): hydra‐headed monster or effective policy tool?. Public Admin. Rev., 58(4): 1–10.       

How to Counter Radical Narratives: Dutch Deradicalization Policy in the Case of Moluccan and Islamic Radicals

This article deals with the role of government in encouraging the decline of radical movements. The question posed is: “Which story can the government tell to encourage the decline of radical groups and the disengagement of their members?” The article makes use of the survey of factors promoting decline and disengagement drawn up by Demant, Slootman, Buijs (? ^?Deceased. ) and Tillie in 2008, as well as the factor “official policy strategies” based on concepts taken from discourse analysis, adapted to counterterrorism and deradicalization strategies by De Graaf in 2009. The article will therefore not address the different practical measures in this field, but focus instead on the perception of these official measures by the radicals. It will illustrate this with two case studies: the deradicalization of South Moluccan youths in the 1970s and of jihadist radicals after 2001, both in the Netherlands.