An Empirical Approach to Post-conflict Legitimacy: Victims' Needs and the Everyday

Abstract

An empirical study has been made of victims of conflict in Timor-Leste and Nepal seeking a qualitative understanding of local post-conflict priorities. It allows an appreciation to emerge of how the conflict-affected conceive of legitimacy and quality of governance, with victims emphasizing basic needs, an addressing of issues of marginalization and the incorporation of indigenous understandings of the meaning of peace. The data in this study motivate a victim-centred discussion of both the limitations of liberal approaches to peace and the implications for the legitimacy of post-conflict governance of prioritizing the everyday needs of the conflict-affected, in contrast to universal and institutionally rooted liberal values.     

Regulating the Internet infrastructure: A comparative appraisal of the legitimacy of ICANN,ITU, and the WSIS

How to generate legitimate forms of governance beyond the nation state is often considered a central question in contemporary world politics. To proceed in theory‐building, scholars need to systematically assign the theory‐driven assumptions on legitimate forms of governance beyond the nation state with the various, already observable, forms of global governance. This article aims to conduct a comparative appraisal of the legitimatory quality of different patterns of governance by applying a framework of indicators for their assessment. The indicators are selected from the scholarly debate within International Relations on the legitimacy of global governance arrangements and structured by a multidimensional concept of legitimacy (input, throughput, and output dimensions). This framework is then applied to international, transnational, and private forms of global governance in the field of Internet regulation in order to show how each of them tries to produce and maintain legitimacy, which strategies it applies, and in how it interacts with its stakeholders.     

This Time it's Different: Legitimacy and the Limits of Differentiation after Brexit

British political debate since the EU referendum has hinged on what type of Brexit to pursue: hard or soft. Yet, unlike in instances of treaty rejection, the EU made no counter offer to avoid a breakdown in relations that would follow the hardest of exits. This remarkable unity in not discounting the possibility of a hard Brexit demonstrates that UK withdrawal is very distinct from previous wrangles over EU reform. Drawing on the work of Kissinger, this article argues Brexit is a revolutionary act that denies the legitimacy of the EU order. Hence this process does not conform to other episodes of differentiation. When Westminster sought opt‐outs, it did not reject the core principles of integration. By not seeking to oppose a hard Brexit, Brussels has forced the UK government to find a new legitimising principle to govern EU–UK relations, transferring the burden of adjustment to London.     

选举民主、政治合法性与地方治理——乡镇基层民主发展的若干命题初论

本文从中国农村基层民主发展的内在逻辑出发对基层民主发展的若干问题进行了分析,认为选举式民主是不是中国农村政治发展的方向,将取决于两个内生性变量,即:村民的民主欲求和各地面临问题的性质。文章就选举民主能否增加基层地方政权的合法性进行了分析,指出选举民主只是增强地方政府合法性的途径之一。在民主和政府治理的关系上,作者认为选举民主未必能够提高基层政府的治理水平。目前中国农村基层政改并不存在一种成功模式适合所有地方,因此,不应该以政策或法律的形式强制推行某一种模式,而应该在给定方向和原则的前提下倡导和鼓励各地自主创新,探索适合本地方的政改模式。     

Minustah’s Legitimacy and the ‘Security-first’ Approach: Reassessing Statebuilding and its Violent Features in the Case of Haiti

ABSTRACT

The article aims to reassess the statebuilding endeavour of international interveners in the case of Haiti, from an interpretative and socio-historical perspective. First, the article analyses the existing critical literature on statebuilding and the growing literature on peacebuilding and legitimacy. Second, it introduces the case of Haiti, analysing the process of state formation and the production of the present conditions in the country. It then presents an assessment of Minustah, arguing that the lack of a local source of legitimacy, connected to a ‘security-first’ statebuilding approach, led the intervention to reinforce the predatory and undemocratic logics of Haitian politics.     

Governance in the European Union: A Policy Analysis of the Attempts to Raise Legitimacy through Civil Society Participation

Abstract

The article focuses on two flagship initiatives – the open method of co-ordination and online consultations – in which the European Union aimed to improve democratic legitimacy through collaborative governance. Offering an analytical framework to scrutinize the large body of existing theoretical and empirical research, the article concludes that not only were the high expectations on the effects of applied governance disappointed, the results also hint at larger, more general implications for the governance concept that, in contrast to the high expectations, appears to be indeed strongly dependent on government-like conditions to operate successfully.     

Comparing the legitimacy and effectiveness of global hard and soft law: An analytical framework

The international norms that are developed as tools of global governance can be placed on a continuum from traditional “hard law” treaties to the vaguest and voluntary “soft law.” In this article we develop an analytical framework for comparing norms on different positions along the continuum, thus for comparing international hard and soft law. We root the framework in both the rationalist and the constructivist paradigms of international relations by focusing on two overarching evaluative criteria: effectiveness and legitimacy. These broad concepts are divided into smaller building blocks encompassing mechanisms through which norms can exert influence; for example, by changing material incentives, identities, and building capacity, and by contributing to building source‐based, procedural, and substantive legitimacy. We illustrate the applicability of the framework with three norm processes of varying degrees of “softness” in global climate governance.     

Democratic Dilemmas of Multilevel Governance: Legitimacy,Representation and Accountability in the European Union

How is sovereignty managed in the EU? This article investigates the relationship between sovereignty and European integration through the prism of national opt-outs from EU treaties, addressing an apparent contradiction in contemporary European governance: the contrasting processes of integration and differentiation. On the one hand, European integration is increasing as states transfer sovereign competencies to the EU. On the other hand, we see a multitude of differentiation processes through which member states choose to disengage from the EU polity by negotiating exemptions or derogations. Drawing on Pierre Bourdieu's political sociology, the article argues that to understand how sovereignty is interpreted and exercised in the EU, it is necessary to focus not only on the constitutive and regulative dimensions of sovereignty, but equally on the practice dimension. This entails an exploration of how sovereignty claims are managed in a particular social setting. Rather than seeing opt-outs as classic instruments of international law, accentuating the member states' unchanged sovereignty, the article argues that the management of the British and Danish opt-outs quite paradoxically expresses the strength of the doxa of European integration, i.e. the notion of ‘an ever closer union’.     

村落选举、公共性生产与合法性——以陕西Y村为例

转型期中国乡村基层村庄民主选举备受学界关注,学界分别从乡村治理、制度变迁、政治民主等角度考察这一问题。然而这些考察忽略了一个重要维度:乡村公共性主题。笔者认为这一主题才是乡村选举的实质和意涵。通过Y村选举及修路等涉及村落公共事务的个案,笔者考察当前村落选举与村庄公共性生产、村落公意和共识的关系,文章认为当前基层乡村依然延续了差序式的公共性生产模式。这种公共性生产模式与通过选举运作生产公共性的模式之间具有内在张力,正是这种张力导致试图透过西式选举达成村落公意和民众共识的设想在重建当代乡村公共性实践中遇到问题。     

Bureaucratic discretion,social equity,and the administrative legitimacy dilemma: Complications of New Public Service

Bureaucratic discretion continues to be one of a public administrator's primary powers while at the same time being one of their most controversial. Used in a positive way, bureaucratic discretion can enhance social equity; however, this practice can create administrative legitimacy dilemmas. As such, this paper conceptually discusses the theoretical position of public administrators that contributes to their engagement in legitimacy dilemmas, which is further complicated by the tenets of New Public Service. We argue that if public administrators are engaged in authentic interactions with the public and use their discretion to reflect the interests of the public, then they are engaged in truly democratic governance. We place this argument in the context of achieving social equity and highlight an avoided question in public administration. Finally, recommendations for future research are offered as a means progressing the social equity agenda in public administration.     

Market making via regulation: The role of the state in carbon markets

Proponents as well as critics of carbon trading underestimate the institutional and political underpinnings of evolving carbon markets. Based on institutionalist approaches, this paper argues that the strong embeddedness of carbon markets explains why certain characteristics (positive and negative) materialize. Focusing on the actors who initiate and who influence carbon markets, this article also shows that currently only states and intergovernmental agreements provide the necessary regulation for carbon markets to exist and to work. Today, neither market actors nor NGOs nor public private partnerships have the political power to set up, regulate or capture evolving market structures. Thus, whether or not market‐based instruments bring about the desired results depends on good public regulation, which is – at least up to now – represented by the state. Four instances of the commodification of carbon serve as illustrations: the European Union Emission Trading System (EU ETS); the Clean Development Mechanism (CDM); the voluntary market; and new sectoral approaches, particularly Reducing Emissions from Deforestation and Degradation (REDD+).     

Legitimacy and the Rise of NGOs: the Global and Local in South Asia

We extend sociological institutionalist theory and draw on evidence from South Asia to develop a research agenda for studying how nongovernmental organization (NGO) legitimacy plays out in national and local arenas. After first presenting a sociological institutionalist approach to nongovernmental organizing, we extend it into three areas: national laws governing international and domestic NGOs, growth in domestic NGOs, and the situated interactions among international organizations, nation-states, local organizations, and other actors. (1) International and domestic NGOs are governed by national laws, and we sketch the history of such laws in South Asia to hypothesize a pattern of legal change leading to the present social concern about accountability. (2) Sociological institutionalism suggests that domestic NGO growth is related to the presence of international NGOs and can be interpreted as the diffusion of formal organization. (3) We conceptualize the situated interactions of the plethora of actors as a meso realm at the interface of the global and local. The interrelations of these actors are marked by tensions and conflict. There are many permutations of how they coalesce, not always along a global—local cleavage, and there is a need to examine the full range of interactions. We explore some of these and it seems that actors use accountability strategically in their conflicts with others. The ‘uses of accountability’ in contesting legitimacy within such situations is proposed as a fruitful research direction.     

Complaining about rivals: Indifference,cooperation, and competition in the governance of advertising

What should rivals do when they see competitors breaking agreed rules within systems of self‐regulation? This study investigates compliant behavior among British advertisers to empirically answer this question. It analyses five years of complaints (n = 146,062) and adjudications (n = 4,832) published by the self‐regulatory body for the British advertising industry. The majority of firms adopt a strategy of indifference and rarely regulate their rivals. Highly engaged firms either adopt an angelic strategy as they use their resources to complain about their rivals; a deviant strategy as they are subject to a large number of complaints; or a predatory strategy as they attack their rivals through advertising regulation. This illustrates a unique form of regulatory capture in which a regulatory system becomes an arena of competition for some actors while continuing as a governance mechanism for others.     

Elections and the Development of Civil War: An Empirical Study of Sri Lanka

Present empirical research on the connection between elections and civil war often treats causality as a one-way effect because it focuses exclusively on either the onset or the consequence of civil war. What is omitted in the literature is the endogenous nature of the election–conflict nexus throughout a civil war. This article dedicates itself to filling that gap. Treating administrative units in conflict as part of a rebellion network, we apply a stochastic actor-oriented model (SAOM) to the case of Sri Lanka. We find that, on the one hand, rebellion is less likely to occur in Tamil regions if national winners in presidential elections enjoy high local approval ratings (selection effect). On the other hand, regions involved in the rebellion network converge in terms of their local support for the national winner of the presidency (influence effect). Overall, our model-based simulation analysis shows that the influence effect has a larger impact on the endogenous relationship than the selection effect.     

Gender and Emotional Labor in Public Organizations: An Empirical Examination of the Link to Performance

Scholars of public organizations have begun to emphasize emotional labor in studies of gender in the workplace, finding that the skills women bring to organizations are often overlooked and undercompensated even though they play a vital role in the organization. Emotional labor is an individual's effort to present emotions in a way that is desired by the organization. The authors hypothesize that employers with greater emotional labor expectations of their employees will have more effective interactions with clients, better internal relationships, and superior program performance. This article tests the effects of emotional labor in a bureaucratic workforce over time. Multiple regression results show that organizations with more women at the street level have higher overall organizational performance. Additionally, emotional labor contributes to organizational productivity over and above its role in employee turnover and client satisfaction.     

The Federal Government's Response to the Banks Report: An Assessment of its Recommendations and the Government Response

The aim of this article is to assess the Report of the Commonwealth Government's Taskforce on Reducing the Regulatory Burden on Business (the Banks Report), released in April 2006, and the government's response to the Report ( AG 2006a,b ). It focuses on the report's recommendations in regard to the system for making regulation in regard to business, particularly the regulation impact statement process (RIS), contained in chapter seven. This focus is chosen since it is the chapter in the report that addresses the underlying causes of over‐regulation.