Architects of the State: International Financial Institutions and the Reconstruction of States in East Asia

For international financial institutions (IFIs), it is a continuing puzzle why the global norms they propagate are enacted either reluctantly or not at all. This article shows that failures of enactment and implementation frequently occur because many IFI‐initiated law reforms go far beyond changing the law; they amount to a restructuring of the state itself and the accompanying redistributions of power. This article demonstrates how state restructuring can occur in a technical area of commercial law by reanalyzing the ways global and transnational designs of corporate bankruptcy regimes fared between 1998 and 2006 in three countries variously affected by the Asian financial crisis: China, Indonesia, and South Korea. State restructuring occurred by (1) shifting the boundary between the market and state, (2) shifting power inside the state, and (3) vesting new powers in the state. The article identifies the recursive dynamics through which the changes unfolded and shows how variations in the efficacy of international architects of the state can be attributed to the interplay of four sets of factors: the coherence of global norms, the relative power of global versus state actors, domestic demand and mobilization for restructuring, and the extent of state restructuring that reforms will induce.     

国际非政府组织的国际法规制:现状、利弊及展望

国际法领域约束规制国际非政府组织的模式有四种,即全球性国际公约间接管制模式、区域性国际公约直接管制模式、国际政府组织约束管制模式及国际非政府组织自身管制模式。由于非政府组织自身国际法律地位的缺失,四种约束管制方式一方面起到了符合自身特点的积极作用,另一方面也都存在缺陷。为了更好地使国际非政府组织在国际事务中发挥作用,除充分利用现有的规制模式之外,亟需制定全球性国际公约对国际非政府组织进行约束管制。     

Identifying Points of Contact and Engagement Between Legal and Environmental Education

This article explores the shaping and possibly reforming potential of ideas about sustainability in legal education by drawing up a scale of environmental education theories, arranged according to their propensity to transform radically university education. The article offers a critical analysis of current individualist strategies aimed at developing students' environmental skills, in particular that these hamper opportunities for universities to develop a broader and more creative agenda of social change. Applying ideas about how environmental education communities of practice develop, this article identifies some pockets of activity seeking to integrate ideas of sustainability into the law curriculum, including via environmental law and teaching Wild Law or Earth Jurisprudence. These issues form part of an on‐going debate about how well law students are being prepared for work in highly challenging social, environmental, and financial circumstances, against the backdrop of a broader question about ‘what are universities for?’     

Empowerment of Whom and for What? Financial Literacy Education and the New Regulation of Consumer Financial Services

Financial regulators in many states recently have obtained statutory mandates to enhance consumer financial literacy. This paper investigates the development of policy pursuant to such mandates in the UK and Canada to identify how national regulators represent the role of the literate consumer in the financial market place. It finds that regulators in both countries represent financial education as empowering consumers but that each embeds in its policy an implicit normative ordering of responsible consumer behavior. The paper relates the tension between empowerment and responsibilization aspects of literacy enhancement to policy goals of expanding financial markets and assisting financial regulators to manage consumers' expectations of protection. It raises questions about regulators' use of consumer education to responsibilize consumption of financial products and calls for further research on the international growth of financial literacy education as a regulatory project.     

Institutional and Political Sources of Legislative Change: Explaining How Private Organizations Influence the Form and Content of Consumer Protection Legislation

This article explores how private organizations influence the content and meaning of consumer protection legislation. I examine why California forced consumers to use a private dispute resolution system that affords consumers fewer rights, while Vermont adopted a state‐run disputing structure that affords consumers greater rights. Drawing from historical and new institutional theories, I analyze twenty‐five years of legislative history, as well as interviews with drafters of the California and Vermont laws, to show how automobile manufacturers weakened the impact of a powerful California consumer warranty law by creating dispute resolution venues. As these structures became institutionalized in the lemon law field, manufacturers reshaped the meaning of legislation. Unlike California, the political alliances in Vermont and a different developmental path led to a state‐run dispute resolution structure. I conclude that how social reform laws are designed and how businesses influence social reform legislation can increase or decrease the achievement of a statute's social reform goals.     

A CROSS‐NATIONAL TEST OF BONGER'S THEORY OF CRIMINALITY AND ECONOMIC CONDITIONS*

Using international data for 100 countries, we test two hypotheses derived from Bonger's Marxian theory of crime. The analyses support the hypothesis that the degree of capitalism significantly predicts homicide rates, but they fail to confirm that the de‐moralization of the population (loss of moral feelings for others) mediates the relationship between capitalism and homicide. Although capitalism is not the best predictor among those considered, overall, the results underline the importance of Bonger's ideas because both capitalism and corruption (our indicator of de‐moralization) show reasonably strong relationships with homicide rates and compete with other variables commonly used as predictors of international homicide rates. The results confirm the usefulness of attempting to subject Marxian ideas to positivist, quantitative tests, with an eye to integrating Marxian theories with other mainstream theories, such as institutional anomie theory.     

When Do Laws Matter? National Minimum‐Age‐of‐Marriage Laws,Child Rights,and Adolescent Fertility, 1989–2007

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed‐effect time‐series regression model to analyze the impact of minimum‐age‐of‐marriage laws in 115 poor‐ and middle‐income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum‐age‐of‐marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify.     

析国家作为恐怖主义的主体问题

恐怖主义主体是否包含国家的问题是困惑恐怖主义法律定义的一个现实障碍。对此问题,发展中国家与西方发达国家认识不一,从历史看,国家恐怖主义是个人或组织团体恐怖主义的根源,而且国家恐怖主义的危害与当量是个人及团体恐怖主义所无法比拟的;学者的学说、国家和联合国内的反国家恐怖主义的努力也说明了国家恐怖主义犯罪的存在;国家的恐怖主义刑事责任追究可依公约以特殊方式进行;国际关系与国际政治行为的民主化与文明化,也要求坚持公理、正义与法律,要求反国家恐怖主义。     

SOMATOTYPING,ANTIMODERNISM, AND THE PRODUCTION OF CRIMINOLOGICAL KNOWLEDGE*

This study analyzes the work of William H. Sheldon, the psychologist, physician, and advocate of the study of body types. It investigates how he arrived at his much‐repeated finding that a correlation exists between mesomorphy (a stocky, muscular body build) and delinquency and how his ideas were validated and perpetuated. It reviews what Sheldon actually said about the causes of crime; identifies his goals in searching for a relationship between body shape and criminality; explains how he found audiences for his biological theory at a time when sociological approaches dominated criminology; and attempts to understand the current criminological ambivalence about the scientific status of Sheldon's work, despite its discreditation decades ago. I argue that the tripartite structure of Sheldon's thought attracted three different audiences–methodologists, social scientists, and supporters–and that it encouraged the supporters to fund his research without reference to the critiques of the social scientists. I also argue that somatotyping was part of a broader antimodernist reaction within international scientific communities against the dislocations of twentieth‐century life. To understand the origins, acceptance, and maintenance of criminological ideas, we need a historical perspective on figures of the past. Positivism may inform us about what is true and false, but we also need to know how truth and falsity have been constructed over time and how the ideas of earlier criminologists were shaped by their personal and social contexts.     

NR Madhava Menon: The guiding light for global clinical legal education

The late NR Madhava Menon, known widely as ‘the father of modern legal education in India’, was also a leading voice for global legal education reform by championing ‘socially relevant legal education’ through clinical legal education throughout the world. This article concentrates on his seminal role in the founding of the Global Alliance for Justice Education (GAJE) and the crafting of its mission statement. Drawing on a number of key moments in Dr Menon’s lifelong dedication to the twin causes of legal education and social justice, it highlights how he brought an international perspective to his critical work on legal education reform in India by enlisting international collaborators, how he motivated international colleagues to bring similar reforms to their countries, and how he mentored new generations of legal educators in what has become a true global clinical movement. The article focuses specifically on how the guiding principles of GAJE’s inaugural conference, which Dr Menon co-chaired in 1999, reflect his vision of global clinical legal education that continues to guide GAJE and the global clinical movement today.

     

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

论发展中国家金融现代化的基本走向

金融现代化主要应该是指发展中国家的金融现代化,包括"外源性现代化"和"混合性现代化".金融现代化研究应该超越传统金融发展理论视野.金融现代化的历史与逻辑起点应该是金融体系运作的市场化.同时,发展中国家的金融现代化还有赖于金融运作的国际协调.     

Discursive mismatch and globalization by stealth: The fight against corruption in the Brazilian legal field

Law and globalization studies have documented how Global South lawyers compete over the adaptation of international norms. Yet, little is known about how this adaptation legitimates worldviews beyond the law. To advance this literature, this paper proposes a discourse-centered field analysis of the legal globalization of anti-corruption ideas in Brazil. It examines Brazilian lawyers' disputes over a 2016 anti-corruption bill. The bill supporters mobilize global anti-corruption discourses that are exogenous to the legal field to defend harsher criminal law. Their critics counter the reform by mobilizing endogenous legal ideas against criminal law expansion. In so doing, they do not challenge reformers' ideas about corruption. I show how this discursive mismatch leads to a form of globalization by stealth, whereby local dynamics allow global ideas to remain unchallenged in local fields.     

How Brazil outpaced the United States when it came to AIDS: the politics of civic infiltration, reputation, and strategic internationalization

Using a temporal approach dividing the reform process into two periods, this article explains how both Brazil and the United States were slow to respond to AIDS. However, Brazil eventually outpaced the United States in its response due to international rather than democratic pressures. Since the early 1990s, Brazil's success has been attributed to "strategic internationalization": the concomitant acceptance and rejection of global pressure for institutional change and antiretroviral treatment, respectively. The formation of tripartite partnerships among donors, AIDS officials, and nongovernmental organizations has allowed Brazil to avoid foreign aid dependency, while generating ongoing incentives for influential AIDS officials to incessantly pressure Congress for additional funding. Given the heightened international media attention, concern about Brazil's reputation has contributed to a high level of political commitment. By contrast, the United States' more isolationist relationship with the international community, its focus on leading the global financing of AIDS efforts, and the absence of tripartite partnerships have prevented political leaders from adequately responding to the ongoing urban AIDS crisis. Thus, Brazil shows that strategically working with the international health community for domestic rather than international influence is vital for a sustained and effective response to AIDS.     

Local Governance and Redistributive Policy: Explaining Local Funding for Public Defense

In many American states, public defense is provided at the county rather than state level (Langton & Farole 2009 ). Local governments have discretion over implementing and funding the right to counsel, resulting in considerable variability in programs and funding levels. Placing this issue in the theoretical context of redistributive policies and politics, we investigate decisions on funding this service across upstate New York counties. Using as a point of departure Paul Peterson's classic explication of community politics, we first model variation in funding as a function of counties' fiscal capacity, need for services, and costs of supplying legal representation. We also test Peterson's prediction that local political factors will play little if any role in budget decisions. Second, through interviews with program administrators we explore the characters of twelve defender programs in which expenditures departed from the model's predictions. We find that three factors—which we term “influence,” “infrastructure,” and “ideas"”—also vary directly with levels of funding. We conclude with a discussion of the implications of these findings for theoretical thinking about due process policies and local politics, and for policy debate over how best to ensure adequate counsel in criminal court.     

International Human Rights Law, Global Economic Reforms, and Child Survival and Development Rights Outcomes

Are recent trends in international law supporting child rights and promoting neoliberal economic reforms complementary or contradictory? To answer this question, we identify the component parts of child rights mobilization, recent global economic reforms, and child rights outcomes to theorize the particular relationships among them. Focusing on child survival and development rights in 99 poor and middle‐income countries from 1983 to 2001, we find that countries' acquiescence to established international law concerning economic rights influences the successful implementation of most of these rights, while the ratification of child rights treaties does not show an effect during the period studied. National links to child rights nongovernmental organizations are also associated with improved child rights outcomes, as is being selected to receive a loan from the World Bank (for reducing child labor and increasing immunizations). We find weak support for the hypothesis that the implementation of loan conditionalities is more deleterious for rights that are costlier to implement. We also find that achieving the goal of neoliberal economic reforms—trade openness—results in less successful implementation of most child rights outcomes considered. Finally, in a related analysis, we find that the ratification of child rights treaties, as well as the adoption and implementation of structural adjustment agreements, enhances the presence of child‐related organizations within countries.     

Conflicts and coordination between the right to issue US dollars as international currency and the protection of international human rights

In the existing global financial system, the US private central bank controls the right to issue international currency, while the rest of the world have to involuntarily leave their destiny to such system. In the current financial crisis, American government evaded and deviated from due regulation. It is virtually a robbery of other countries as well as a serious infringement upon international human rights. In such a situation, other countries should stick to the international community standard and the protection of international human rights to fairly distribute the interest deriving from the right to issue international currency, and establish a monetary exchange mechanism; or abide by the principle of “one world, one currency” and accordingly come up with a common international currency, or form a monetary union to safeguard the economic sovereignties; or enhance the due position, rights and interest of the developing economies in the existing international financial system; or strengthen efforts in reforming and building the regime of international financial regulation to prevent people’s legitimate property, rights and interest from being infringed.     

National Human Trafficking Initiatives: Dimensions of Policy Diffusion

The implementation of criminal law involves formal law enforcement, education, and public outreach aimed at preventing criminal activity and providing services for victims. Historically, quantitative research on global trends has focused on a single policy dimension, potentially masking the unique factors that affect the diffusion of each policy dimension independently. Using an ordered‐probit model to analyze new human trafficking policy data on national prosecution, prevention, and victim‐protection efforts, we find that global ties and domestic interest groups matter more where international law is less defined. Although prosecution, mandated by the Trafficking Protocol, was relatively impervious to global ties and domestic interest groups, both trafficking prevention and victim protection were associated with these factors. Our findings also suggest that fear of repercussions is not a major driver of state actions to combat trafficking—neither ratification of the protocol nor levels of US aid were associated with greater implementation of antitrafficking measures.     

FTA中数字知识产权规则研究

自从多哈回合谈判陷入僵局之后,各国开始积极谈判自由贸易协议,其中包含的国际经济贸易规则与WTO体系中的国际经济贸易规则有所不同,有学者将这种情形描述为"国际经济贸易规则重构"。知识产权规则作为国际经济贸易规则中的重要部分,各国在此领域的利益各不相同,体现于这些自由贸易协议中的具体规则也各有侧重。其中,网络技术发展作为对知识产权规则的发展变化有所影响的因素,也是各国在签订自由贸易协议时不可忽视的因素之一。在分析几个具有代表性的自由贸易协议中的数字知识产权规则的基础上,可以观察其中数字知识产权保护标准,结合实际情况讨论我国应当作何应对,从而更好地构建我国主导FTA法律框架中相应的知识产权规则。     

International energy lending: who funds fossil fuels, who funds energy access for the poor?

Energy demand is surging in the developing world, and international organizations play an important role in the funding of energy projects. However, there is virtually no empirical analysis of how different organizations choose their project portfolios. This article examines the energy funding of different international organizations, with a particular focus on the World Bank’s International Development Association (IDA) and International Finance Corporation (IFC). We use data on 888 projects in 128 recipient countries funded by nine major international organizations during the years 2008–2011. Relative to other organizations, the IDA is found to invest less in fossil fuels and more in projects that improve energy access for the poorest people. The IFC emphasizes fossil fuels while downplaying the importance of energy access. Overall, fossil fuels now receive only a minority of energy funding. However, energy access is only emphasized in a tiny minority of projects.