Tracing and periodizing China's food safety regulation: A study on China's food safety regime change

How has China's food safety administrative system changed since it was founded in 1949? How can we periodize the process of this historical transformation in terms of regulators, regulatees, and regulatory tools? This review article offers an analytical framework that distinguishes three regimes in the history of China's food safety governance: an old regime of command and control (1949–1977), an intermediate regime of mixed instruments (1978–1992), and a new regime of regulatory governance (1993–ongoing). In the article the regimes' features, advantages, disadvantages, and development tracks are discussed, and the groundwork is laid for an analysis of China's emerging regulatory state. Finally, a new notion of “transitional regulatory state” is used to define the current Chinese regulatory state based on its food safety regulation.     

Accountability in the EU's para-regulatory state: The case of the Economic and Monetary Union

This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory state” has continued to rely on its regulatory model of accountability, focused on decisionmaking processes, and interest mediation. In line with Majone, we describe the model as procedural and contrast it to substantive accountability – which is necessary when regulation has clear redistributive implications. Using two case studies from fiscal policy and monetary affairs, we illustrate the predominance of procedural accountability as exercised by the European Parliament and EU Courts. We complement the empirical analysis with a normative discussion of how substantive accountability could potentially be rendered in both fields.     

Regulating public procurement in Brazil,India, and China: Toward the regulatory-developmental state

Since the 1990s, emerging economies such as Brazil, India, and China have adopted transparency-enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform-oriented state actors, societal pressure, and lesson-drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA-based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory-developmental layering of rule-based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.     

International diffusion of regulatory governance: EU actorness in public procurement

This paper attempts to go beyond actor‐centered explanations of the European Union's (EU) presence in regulatory politics by examining the role of the EU in the diffusion of regulatory norms and practices. We explore the international diffusion of public procurement policy, to which multiple organizations and especially the EU and the World Trade Organization have made an active contribution. Using the “opportunity‐presence‐capability” scheme, we argue that the EU is actively co‐shaping the global agenda on public procurement, mainly as a result of the “opportunity” and “presence” dimensions of its global actorness and its role in the horizontal diffusion of public procurement regulations between international organizations. For “EU as a global actor” literature to offer valuable explanations, an in‐depth analysis of its relationship with other international organizations, such as the World Trade Organization, reveals significant interactions and the co‐shaping of policy agendas.     

The United States,Japan, and the European Union: comparing political economy approaches to China

Abstract

This paper examines US, Japanese, and European political economy approaches to China, and their effect on US–Japan and US–EU relationships. Great powers with a greater security concern in dealing with another major country care more about power while those with less of a concern are preoccupied with calculations for wealth. China's rise and its actions have posed a far greater security challenge to the United States and Japan and are driving the two countries closer together. The political economy game involving China reveals a dominant welfare motive among the advanced market economies. The ambition to transform China politically has diminished. China's integration into the global market makes a relative gains approach difficult to implement. Globalization simply limits the ability of a state to follow a politics-in-command approach in the absence of actual military conflict, which explains why the political economy approaches of the United States, Europe, and Japan are not that different in the scheme of things. China's own grand strategy to reach out to the world to outflank the US–Japan alliance has also contributed to a divergent European policy toward China although there are severe limitations to Beijing's ability to drive a wedge between the United States and Europe.     

Between realism and idealism in Japanese security policy: The case of the ASEAN regional forum

Abstract

While ASEAN played the leadership role for erecting the ASEAN Regional Forum (ARF), Japan generated positive impact on the historical trajectory leading to the birth of the ARF. This paper asks the following question: On what ideational foundation was Japan's support for the ARF based? Utilizing a conceptual framework based on the theoretical literature of multilateralism, the paper analyzes three major Japanese perspectives on the ARF in the inception years (1991–95) — Idealism, Realism, and Liberalism — while paying special attention to Liberalism, the perspective underlying Japan's actual policy. Liberalism, while leaning toward Realism, still incorporated some elements of Idealism. For Liberals, centering around the Ministry of Foreign Affairs, the ARF was a vehicle to foster a sense of trust, however fragile, on the basis of providing and sharing quality information about China, Japan, and the United States, without undermining the existing security arrangements including the US‐Japanese alliance.     

The rise of the Chinese ‘Other’ in Japan's construction of identity: Is China a focal point of Japanese nationalism?

Abstract

Since 1945, the United States (US) has served as a focal point of both Left-wing and Right-wing Japanese nationalism. Both sides argued that the US was an arrogant hegemon that unjustly robbed Japan of its autonomy, and prevented Japan from achieving its own ideal national identity. Both sides frequently demanded that Japan should be more ‘resolute’ and resist unfair demands emanating from the US. In recent years, however, both camps are increasingly using the same rhetoric to criticise the Japanese government's China policy. China is also being depicted as an overbearing state that unfairly browbeats Japan into making diplomatic concessions. Given the similarities between the portrayal of China and the US, has China now become a nationalist focal point for both the Japanese Left and Right? Utilising constructivist insights, this article seeks to shed light on this question, by examining how the Japanese Right and Left portray China, and explores the implications for Japan's China policy.     

The 2012 United States election and the implications for East Asia

Abstract

The 2012 election resulted in a major victory for President Obama and while his Democratic Party improved its Congressional strength, the House of Representatives remains under Republican control. The election revealed the depth of America's political and voter divisions with each party showing dramatically different areas of strength and weakness. Yet the election did not hinge on foreign policy leaving the Obama administration likely to continue most of its earlier policies toward East Asia as marked by the multilayered ‘pivot’ toward Asia. Relations with China and North Korea are likely to remain difficult to manage while US–ROK links should be far smoother. Of particular concern is the economic sluggishness and rising nationalism in Japan which could well cause bilateral problems with the US and regional problems with Japan's neighbors, including US ally, South Korea. And at home the bipolar divisions over how best to deal with America's economic revitalization could well impede US abilities to exert a convincing multi-dimensional role in the region.     

To revise or not to revise: the ‘peace constitution’, pro-revision movement,and Japan's national identity

Why do conservative nationalists in Japan continuously seek to revise the constitution despite the past failures, and what is the likelihood of successful revision and its impact on Japan's norm of pacifism and its use of force? The article offers an analytical framework for the issue based on national pride and national security, and argues that the ‘revisionists’ seek to create a new national identity, one that infuses a greater sense of national pride among the public and enables the exercise of collective self-defense, thereby removing Japan's postwar psychological and institutional limitations on nationalism and military activities. The LDP's 2012 draft is most explicit and ambitious in this regard, with the current revision attempt under Abe having the highest chance of success since the 1950s. Successful revision would significantly expand Japan's security activities, particularly within the framework of the US–Japan Security Alliance, and entail the end of Japan's unique postwar institutionalized pacifism, although the norm of pacifism will linger on as a constitutional principle. For a smoother return to the international military scene, the Japanese government must distance itself from historical revisionism and utilize its enhanced military role to promote regional public goods rather than merely protecting its narrow national interests.     

Shinzo Abe's security legislation reform and peacebuilding in Mindanao

Recent literature on Japanese foreign policy has focused on analysing the implications of Prime Minister Shinzo Abe's security legislation reform for the bilateral security alliance relationship with the US amidst a rising China and the right to collective self-defence. Its impact on Japan's multilateral security policy, in particular, peacebuilding, has so far received little attention. In what ways and to what extent does Japan play a peacebuilding role under this change? This article examines key implications of the security legislation reform, along with the renewal of Japan's Official Development Assistance charter, for its peacebuilding efforts. By taking Mindanao, the Philippines, as a case study, it argues that Abe focuses on taking a foreign aid-centred approach while showing little interest in sending Japanese Self-Defence Force. This article provides a counter-narrative to the claim that Japan is taking a more assertive approach to international security. Abe is more risk-averse as far as his approach to peacebuilding is concerned.     

EU Regulation of Medical Devices and Pharmaceuticals in Comparative Perspective

This paper provides a comparison of European Union regulatory policy for pharmaceuticals and medical devices. The discussion highlights key similarities and differences in regulatory approach for the two sectors. More importantly, it explores the balance that has been struck between public health, health care, and industrial policy as “competing” objectives within the respective regulatory regimes. It is argued that, despite both sectors being affected by the same institutional rules and constraints at the EU level, and both being central to the delivery of high-quality health care in Europe, there are a surprising number of differences between the regulatory frameworks. That this stems in part from their different “launch” times, hence different institutional conditions of regulation, and commensurate political climates, as well as reflecting different aims and goals among member-state and EU-level policy makers, are among the paper's main conclusions.     

Identity and recognition: remembering and forgetting the post-war in Sino-Japanese relations

Abstract

In the 1990s, Japanese views of China were relatively positive. In the 2000s, however, views of China have deteriorated markedly and China has increasingly come to be seen as ‘anti-Japanese’. How can these developments, which took place despite increased economic interdependence, be understood? One seemingly obvious explanation is the occurrence of ‘anti-Japanese’ incidents in China since the mid-2000s. I suggest that these incidents per se do not fully explain the puzzle. Protests against other countries occasionally occur and may influence public opinion. Nonetheless, the interpretation of such events arguably determines their significance. Demonstrations may be seen as legitimate or spontaneous. If understood as denying recognition of an actor's self-identity, the causes of such incidents are likely to have considerably deeper and more severe consequences than what would otherwise be the case. Through an analysis of Japanese parliamentary debates and newspaper editorials, the paper demonstrates that the Chinese government has come to be seen as denying Japan's self-identity as a peaceful state that has provided China with substantial amounts of official development aid (ODA) during the post-war era. This is mainly because China teaches patriotic education, which is viewed as the root cause of ‘anti-Japanese’ incidents. China, then, is not regarded as ‘anti-Japanese’ merely because of protests against Japan and attacks on Japanese material interests but for denying a key component of Japan's self-image. Moreover, the analysis shows that explicit Chinese statements recognising Japan's self-identity have been highly praised in Japan. The article concludes that if China recognises Japan's self-understanding of its identity as peaceful, Japan is more likely to stick to this identity and act accordingly whereas Chinese denials of it might empower Japanese actors who seek to move away from this identity and ‘normalise’ Japan, for example, by revising the pacifist Article Nine of the Japanese constitution.     

Majesty and mercy: undocumented immigration,deferred removal action,and the spectacle of sovereign exceptionalism

The article casts a critical gaze at the Obama Administration’s decision – articulated in a series of bureaucratic memos and directives issued June 2010–July 2012 – to exercise prosecutorial discretion in processing 300,000 undocumented immigrants slated for deportation from the US Commentators on the partisan left hailed the Administration’s decision as a pragmatic and humane effort to implement federal immigration laws. Commentators on the partisan right argued that prosecutorial discretion constituted an effective – and illegal – abdication of the president’s mandate to execute the letter of immigration law. This article positions the decision, instead, at the nexus of sovereign exceptionalism and political community-building and argues that deferred action constitutes the highest and most controversial deployment of the “majesty” of territorial state sovereignty: the process of selectively meting out “mercy” to those who approximate the set of expectations bound up in the notion of the “good” American. Petitioners for deferred action status, I argue, function, ideologically, to construct the undocumented petitioner’s liminality as help and reify the sovereign power’s exceptionalism. The discussion, in turn, invites us to revisit Schmittian and Agambenian conceptions of sovereign exceptionalism and rethink the work sovereign prerogative does in the everyday.     

Continuity,change, and priorities: The quality and use of regulatory analysis across US administrations

This paper compares the quality and use of regulatory analysis accompanying economically significant regulations proposed by US executive branch agencies in 2008, 2009, and 2010. We find that the quality of regulatory analysis is generally low, but varies widely. Budget regulations, which define how the federal government will spend money or collect revenues, have much lower‐quality analysis than other regulations. The Bush administration's “midnight” regulations finalized between Election Day and Inauguration Day, along with other regulations left for the Obama administration to finalize, tended to have lower‐quality analysis. Most differences between the Bush and Obama administrations depend on agencies' policy preferences. More conservative agencies tended to produce better analysis in the Obama administration, and more liberal agencies tended to do so in the Bush administration. This suggests that agencies more central to an administration's policy priorities do not have to produce as good an analysis to get their regulations promulgated.     

Compliance costs,regulation, and environmental performance: Controlling truck emissions in the US

When explaining regulatory policymaking and the behavior of regulated business firms, scholars have supplemented economic models by emphasizing the role of public‐regarding entrepreneurial politics and of normative pressures on firms. This article explores the limits of such entrepreneurial politics and “social license” pressures by examining regulation of emissions from diesel powered trucks in the US. We find that the economic cost of obtaining the best available control technology – new model lower emissions engines – has: (i) limited the stringency and coerciveness of direct regulation of vehicle owners and operators; (ii) dwarfed the reach and effectiveness of the governmental programs that subsidize the purchase of new less polluting vehicles; and (iii) elevated the importance of each company’s “economic license”– as opposed to its “social license”– in shaping its environmental performance. The prominence of this “regulatory compliance cost” variable in shaping both regulation and firm behavior, we conclude, is likely to recur in highly competitive markets, like trucking, that include many small firms that cannot readily either afford or pass on the cost of best available compliance technologies.     

Codes of conduct and practical recommendations as tools for self-regulation and soft regulation in EU public affairs

During the 2000s–2010s, EU Commission and Parliament and European interest groups advanced a specific model of regulation. It combines, on one side, lobbyists self-regulation—the codes of conduct for EU lobbying professionals' associations, such as SEAP and EPACA—with institutional nonbinding or “soft” regulation on the other side—the EU Transparency Register framework for registered interest groups, its code of conduct, the related system of checks, alerts, and complaints about interest groups misconduct put forward by the EU Joint Transparency Register Secretariat, the list of Dos and Don'ts by the EU Ombudsman. This paper examines the peculiar lobbying self-regulation and soft regulation tools and practices, as implemented within the EU model: SEAP and EPACA codes of conduct, EU Transparency Register, EU Interest Groups Code of Conduct, Commissioners and MPs codes of conduct, the procedures of the EU Joint Transparency Register Secretariat, and the Ombudsman list of Dos and Don'ts, underlining their growing impact on interest groups registration to the EU Transparency Register. This EU innovative regulatory model-based on a peculiar mix of self-regulation and institutional, incentive-based, soft regulation-stands as a concrete alternative to the traditional North American top-down binding regulatory pattern. The EU model is based on a participatory, cooperative, and pragmatic dialogue between European policy makers and interest groups. Clarifying the concept, the nature, and the functions of this model, while underlining its peculiarity is the purpose of this paper.     

Participation rationales,regulatory enforcement,and compliance motivations in a voluntary program context

This article extends the study of regulatory compliance motivations from “traditional” regulatory settings to a government-sponsored voluntary one. We argue that the rationale(s) which motivate participants to engage a voluntary program likely shape which motivations drive them toward (or away from) program compliance. Our study examines the possible influence of program participation rationales alongside that of regulatory agents' enforcement styles and strategies. Leveraging a national survey of certified United States Department of Agriculture organic producers, we find that the more a producer pursues organic certification to increase profits, the more likely they are to report deterrent fears as an important compliance motivation. In contrast, the more a producer becomes certified to support the organic movement, the more heavily they weigh a personal sense of duty to comply. We discuss the implications of these, and other, study findings for compliance motivations theory and voluntary program integrity.     

Japan's policy on steel trade disputes with the United States: a comparative analysis

Abstract

This article examines interactions among the United States, Japan and the European Union over steel trade disputes with particular interest in Japan's reactions to the disputes. For this objective, this paper establishes an analytical framework that takes into account bilateral, international, and domestic factors in formulating a state's external policy and relations. It was found that the special relationship with the United States still impinged on Japan's reactions to steel trade disputes, but its influence has gradually declined. Moreover, growing familiarity with World Trade Organization (WTO) rules and practices and collaboration with other countries enabled Tokyo to expand its policy options to handle steel trade conflicts with Washington. Significantly, Japan formally adopted seemingly bold measures to cope with the US steel safeguard action, but the measures’ substantial influence on the US government was limited compared with those adopted by the European Union. Weak policy coordination among ministries prevented Japan from formulating strategic and effective measures in managing steel trade disputes with the United States.