Crafting anti-corruption agencies’ bureaucratic reputation: an uphill battle

Crime, Law and Social Change - The widespread implementation of anti-corruption agencies (ACAs) has been an important public administration trend of the past decades. Considering the multifaceted...     

Improving state legitimacy? The role of anti-corruption agencies in fragile and conflict-affected states

Anti-corruption reforms in fragile and conflict-affected states are considered as a policy imperative by international actors engaged in statebuilding. The establishment of anti-corruption agencies is often the preferred implementation strategy. The main rationale is that anti-corruption agencies demonstrate a government’s commitment to fight corruption, and should thus improve state legitimacy within a context of weak governance. In practice, several intervening factors condition the legitimacy effect of anti-corruption agencies, including the types and systems of corruption prevalent in a specific context, the perceptions of corruption towards specific parts of government, and how citizens attribute the successes or failures of these agencies to the state. More broadly, these intervening factors also challenge the predominant assumption of a positive linear relationship between anti-corruption reforms, increased state legitimacy, and greater stability in fragile and conflict-affected states.     

What makes an international institution work for labor activists? Shaping international law through strategic litigation

Studies on international legal mobilization often analyze the mobilization efforts of activists at a single international court. Yet we know little about how activists choose among multiple international institutions to advance social justice claims. Drawing on comparative case studies of Turkish and British trade union activists' legal mobilization efforts and case law analysis, I show that activists, guided by their lawyers, probe multiple avenues to identify the legal institution with the highest judicial authority and is most responsive to activists' claims. Once they identify their target institution, the iterative process between a responsive court and activists' strategic litigation can build a court's jurisprudence in a new issue area, even if the court provides limited de jure rights protections. Activists primarily use international litigation strategy to leverage structural reforms at the domestic level and to set new international norms through precedents.     

Norms,law and social change: Nigeria’s anti-corruption struggle, 1999–2017

Corruption is notoriously persistent in Nigeria notwithstanding the panoply of laws deployed over the years against it. This article argues that the factors constraining the effectiveness of laws in the fight against corruption are to be found not in the laws, but in the larger societal matrix of resilient social norms and institutions, which constitute the environment of corruption in the country. The environment thus constituted is either conducive to, or largely tolerant of, corruption. The article then suggests that the anti-corruption effort, to be successful, must engage broadly with the environment by instigating social change.     

“It’s the politics, stupid!”. The politicization of anti-corruption in Italy

This article aims to analyze the relationship between judicial activism against political corruption and electoral accountability. The judiciary plays a pivotal role in enforcing anti-corruption legislation, and, in many countries, courts have moved closer and closer towards that kind of working. In the article, we analyze the conditions under which a judicial prosecution of corrupt practices can also lead to electoral punishment of political misconducts by voters, or to a failure of accountability mechanisms. The latter outcome is more likely to occur if judicial activism is politicized. The ‘politicization’ of anti-corruption initiatives is here defined as an increase in the polarization of opinions, interests, or values about judicial investigations and the extent to which this polarization is strategically advanced towards the political debate by parties, political leaders, and media. By crystallizing a new dimension of political conflict, political actors can negatively affect electoral accountability, diminishing the risk of electoral punishment. We study this phenomenon by analyzing the case of Italy, a country which has experienced high levels of politicization of anti-corruption. However, whether and to what extent anti-corruption policies can be politicized is a question open for many other countries that can take a similar path.     

Are international environmental agreements enforceable? implications for institutional design

Over the past several decades, European international environmental institutions have evolved, heeding institutionalist calls for stronger institutions backed by sanctioning and dispute settlement mechanisms. This apparent increase in institutional strength has led to a corresponding increase of the behavioral effectiveness, or active compliance management of institutions as observed in the incidence of arbitral tribunal decisions. However, upon closer examination, it is apparent that this behavioral effectiveness has not been exclusively due to provisions for arbitral tribunal decisions within international environmental agreements. Rather, the incidence and enforcement of these arbitral tribunal decisions is linked to the institutional design of the enforcement mechanisms. Most international environmental agreements rely on parties to raise disputes and enforce commitments, causing individual countries to bear the cost of enforcement. In addition, bringing a dispute to an arbitral tribunal requires the accordance of the parties to the dispute. In contrast, the European Court of Justice allows for enforcement to originate from a strong central authority and for the cases of arbitration to be filed unilaterally. International environmental agreements that have been joined by the European Community and have a provision for an arbitral tribunal have stronger enforcement mechanisms, are more likely to result in enforcement action, and are more effective in generating behavioral change.     

Addressing cross-border environmental displacement: when can international treaties help?

Environmental degradation is increasingly causing cross-border displacement of people, but countries have formed no treaties to facilitate collaboration on the issue. When is such collaboration feasible, and how should environmental displacement treaties be designed? We present a game-theoretic analysis. In our model, countries first decide on ratifying a treaty, and doing so commits them to helping other countries that face cases of environmental degradation in the future. The equilibrium analysis suggests that treaty formation is easier under conditions of mutual vulnerability than if some countries are at a greater risk of environmental degradation than others. Our most important finding is that contrary to the received wisdom, treaties imposing stringent demands on countries are easier to form than treaties that are easy to comply with. We also examine the benefits of using displacement treaties to build capacity for cooperation. We illustrate the utility of the analysis with a discussion of the Kampala Convention on environmental displacement and consider the potential for future treaty formation in Sub-Saharan Africa and Oceania.     

The international movement to deter corruption： Should China join？

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of those steps. It will urge Chinese participation in the international movement and briefly suggest the need for private enforcement of the law if the movement is to succeed.     

China’s private international law (1978–2008)

Since 1978, China’s private international law has made great achievements in publication of textbooks and reference materials, translation of foreign works, academic research, construction of subjects and disciplines as well as participation in international exchanges. The research on academic issues, to some extent, has helped to address various puzzles in legislation, judicature and construction of the discipline of China’s private international law, and has formed some theories in the representation of “one body of two wings.” Although there are still some flaws and issues, Chinese scholars in this field have both the capability and the mission to create a theoretical system for private international law with Chinese characteristics.     

Old wine in new bottles: a county-level case study of anti-corruption reform in the People’s Republic of China

This paper examines the role of the target-based responsibility system for building upright Party style and clean government in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in nothing more than “pouring old wine into new bottles.”

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Economic analysis of international environmental agreements: lessons learnt 2000–2020

International Environmental Agreements: Politics, Law and Economics - On the occasion of the 20th anniversary of International Environmental Agreements: Politics, Law & Economics, we...     

Linking the global to the national: an application of the international pathways model to examine the influence of international environmental agreements on Cameroon’s forest policy

Cameroon’s tropical forest cover is one of the largest in the world. It is home to some of the world’s rarest plant and animal species. However, the country has suffered extensive forest loss for many decades as a result of socioeconomic and political factors. The growing global concern for the health of the world’s forests and related global issues has placed pressure on Cameroon to sustainably manage its forests. The intricacies of domestic and international pressures on Cameroon’s forest sector means that policy makers have to take into consideration the dynamics of the domestic-international nexus in developing the country’s forest policies. The increasingly integrated global governance of the world’s forests—international agreements, protocols and treaties, international program, international institutions, international actors, and international norms—together constitute international policy regimes that have influenced the direction of Cameroon’s forest policy. Employing the international pathways framework model, an analytic model which describes how transnational actors and international institutions affect domestic policies and policy making, this paper examines the extent to which international environmental agreements have influenced the direction of Cameroon’s forest policy and policy making. The application of the international pathways model facilitated analytic review and allowed for a better understanding of how Cameroon has utilized the complex global forest governance arrangements to enhance its domestic forest policy.     

Teaching international commercial arbitration at postgraduate level – techniques for enhancing students' learning

The international commercial arbitration modules that are increasingly taught at postgraduate level at British universities seem to be quite popular among students who have not obtained their first law degrees in the UK. Whilst the seminars, which require a great deal of independent study, may be a valid mode for teaching postgraduate students who have graduated in the UK, the same may not be true for teaching postgraduate students who have obtained their first degrees abroad. The aim of the article is to identify the teaching methods that should be used, in order to foster seminar discussions and encourage the postgraduate students who have not obtained their first degrees in Britain to understand the relevant material by reading widely. The project involved the use of a number of teaching techniques by the author for a trial period (i.e., an academic year). The study clearly showed that if we want to promote a “deep approach” to learning when teaching international commercial arbitration, then we need to adopt a mix of teaching methods that considers the individual interests, needs and abilities of each individual student.     

Problems and experiences： Multiple way of international business dispute settlement in China

Litigation, mediation, negotiation and arbitration are four main methods for dispute settlement. When disputants faced to a dispute, they firstly faced with using which method to solve their disputes. International institutions apply the multiple way for solving the dispute and using all kind of methods with a guideline. In China, the litigation and arbitration also combined with mediation. But it is not completely equal to the multiple way, still need to be improved.     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.