Nonsectarian welfare statements

How can we measure whether national institutions in general, and regulatory institutions in particular, are dysfunctional? A central question is whether they are helping a nation's citizens to live good lives. A full answer to that question would require a great deal of philosophical work, but it should be possible to achieve an incompletely theorized agreement on a kind of nonsectarian welfarism, emphasizing the importance of five variables: subjective well‐being, longevity, health, educational attainment, and per capita income. In principle, it would be valuable to identify the effects of new initiatives (including regulations) on all of these variables. In practice, it is not feasible to do so; assessments of subjective well‐being present particular challenges. In their ideal form, Regulatory Impact Statements should be seen as Nonsectarian Welfare Statements, seeking to identify the consequences of regulatory initiatives for various components of welfare. So understood, they provide reasonable measures of regulatory success or failure, and, hence, a plausible test of dysfunction. There is a pressing need for improved evaluations, including both randomized controlled trials and ex post assessments.     

Explaining variation in coalition agreements: The electoral and policy motivations for drafting agreements

This article explores the question of why coalition partners negotiate and publish coalition agreements before entering into a cabinet and why the content of these agreements varies so widely. Some scholars suggest that coalition partners draft agreements for electoral purposes, while others suggest that coalition agreements can be used to commit to policy negotiations. Although both sides of the debate have uncovered supportive evidence, the literature remains in disagreement. This article provides new organisation of previous work on agreements and develops two alternative theoretical arguments about the crafting of coalition agreements. It is argued here that coalition partners consider both electoral and policy motivations during the drafting of agreements and that the dominance of one of these motivations is conditional on the degree of issue saliency and division between partners. Empirical support is found for the theoretical argument that coalition partners include low saliency issues in the coalition agreement on policy dimensions on which they are less divided, and that coalition partners include high saliency issues in the coalition agreement on policy dimensions on which they are more divided.     

Single Outcome Agreements and Partnership Working in Scottish Local Government – Year One

Single Outcome Agreements (SOAs) are a mechanism that it is argued will deliver key national and local priorities based on a new relationship between central and local government in Scotland. SOAs are to be developed and implemented through partnership working exercised by Community Planning Partnerships (CPPs). A survey of the first (2008) SOA participants from local authorities and their Community Planning partners was conducted in 2008, with a particular focus on the interrelationships between the 2008 SOA development process and partnership working at the local level. Findings of this study suggest that there was a positive link between the strength of existing CPPs and partner engagement in the 2008 SOA development. However, partner engagement in the 2008 SOA development process did not affect survey respondents' confidence that the ongoing SOA development and implementation will strengthen partnership working in the long -term. This study also suggests that in addition to the practical difficulties such as limited time and staff resources, mistrust between local partners, and local players' scepticism about the central government's intention to free up local government may be barriers to the success of the SOA. Overall, respondents in this study showed realistic but hopeful attitudes to what the SOA was about and what could be achieved through it over time. The information gathered through this study should be merited as baseline data which captured the SOA participants' early experience and expectations.     

Writing the History of the Future: Securing Stability through Peace Agreements

Abstract

Building effective states is crucial to global stability and prosperity, but this priority has yet to be translated into a consistent approach embraced by a community of practice. Various factors have constrained the emergence of such a community, including a lack of consensus on the range of functions that states should perform. Peace agreements are implicitly exercises in statecraft but have not been systematically analysed as such. Systematic analysis of peace agreements reveals seven foci of statecraft. This analysis in turn reveals seven key building-blocks that peace agreements, as exercises in statecraft, must address in laying the foundations for a durable, inclusive political, social and economic order.     

Economic partnership agreements: African–EU negotiations continue

When they were first proposed by the European Commission to the African, Caribbean and Pacific countries — all signatories to the Lome and Cotonou agreements which provided them with preferential access to the European market — economic partnership agreements were presented as supporting regional integration and development. However, most African states regarded economic partnership agreements with suspicion, fearing that the agreements would limit their market access and their policy space. Progress on negotiations has been slow, and more than two years after they were supposed to have been concluded there are still a number of outstanding issues that the individual African regions and the European Commission have to resolve. This paper explores some of the difficulties and the progress made thus far, and proposes some measure that would address the concerns around development and regional integration in the context of the challenges posed by the global financial crisis.     

The changing role of the military in Turkish politics: democratization through coup plots?

The exposure of alleged coup plots in 2007 has shaken the guardian role of the Turkish military in politics. What were the conditions that led to the exposure of the coups and what is their significance for the future of Turkish democracy? Drawing on insights from southern Europe, the article argues that failed coup plots can lead to democratic civil–military relations especially if they work simultaneously with other facilitating conditions, such as increasing acceptance of democratic attitudes among officers, consensus among civilians over the role of the military, and the influence of external actors, such as the European Union. The article focuses on such domestic and international factors to analyse the transformation of the Turkish military, the splits within the armed forces and the resulting plots. It argues that one positive outcome of the exposed conspiracies in Turkey has been the enactment of new institutional amendments that would eradicate the remaining powers of the military. Yet, a negative outcome of the coup investigations has been an increase in polarization and hostility. Turkish democracy still lacks mutual trust among significant political groups, which creates unfavourable conditions for democratic consolidation.     

Interstate conflicts: 1815–1965

This paper reports the creation of a data set of 256 cases of international conflict between 1815 and 1965. These conflicts consisted of (1) international disputes and crises in which the use of force appeared likely, (2) the unreciprocated use of violence, and (3) the reciprocated use of violence. The paper includes some statistics describing patterns in the data and contains an Appendix listing the data set.     

MWB Business Exchange Centres Ltd: The Practical Benefit Doctrine Marches On

In MWB Business Exchange Centres Ltd v Rock Advertising Ltd the Court of Appeal held that when an ongoing contract is varied so that one party's obligation to pay money is reduced, the variation is binding as long as the other party receives a practical benefit. In doing so, the Court of Appeal effectively confined the rule in Foakes v Beer to one‐off payments. This raises serious questions about the continued survival of Foakes v Beer. On the other hand, the Court of Appeal ensured that Foakes v Beer would not be killed off via equity by moving away from the suggestion in Collier v P & M J Wright (Holdings) Ltd that an agreed part‐payment of a debt by a debtor will always raise an estoppel preventing the creditor from demanding the remainder of the debt.     

ANALYSIS OF MEDIATION AGREEMENTS OF FAMILIES REPORTING SPECIFIC TYPES OF INTIMATE PARTNER ABUSE

The purpose of this study was to carefully measure Intimate Partner Abuse (IPA) behaviors among a large ( n  = 864 couples) sample of pairs of husbands and wives who were mandated to attend divorce mediation and then to: categorize the behaviors into theoretically-driven types of IPA, determine the number of cases screened out of mediation for any reason, and investigate whether measured outcomes of mediation (primary physical and legal custody) were related to IPA. Results indicated that rarely was IPA not reported—the most frequently reported IPA behavior was psychological abuse (98% of wives; 97% of husbands), followed by physical abuse (58% of wives; 54% of husbands), escalated physical abuse (62% of wives; 50% of husbands), and sexual intimidation, coercion and rape (56% of wives; 29% of husbands). Rarely were couples reporting IPA screened out of mediation (5%), and rarely were supervised parenting time or restrictions on contact between parents included in mediated agreements made by couples reporting IPA (6.5%). The overall level of IPA was unrelated to the specific terms of mediated agreements; however, by far the most frequent type of mediated agreement the couples' negotiated in mediation was for primary physical custody to go to the wife and for the husband and wife to have joint legal custody (59% of cases). Analysis of the implications of these findings and policy recommendations are included.