The Practice of One Ombudsman

This essay delineates the influences and constraints upon theauthor's practice as an ombuds in two different Canadian universities overmore than twenty years. My hope is that an account of my practice as itevolved day by day will help to shed light on the divergences in practiceamong particular groups of ombuds practitioners, notably government orlegislative ombudsmen; corporate ombudsmen; and academic ombudspersons inboth Canada and the United States.     

Democratic Transition and Institutional Crafting: The South Korean Case

The article first analyses the critical events leading up to democratic transition in South Korea and then examines the choices made regarding the new democratic rules during autumn 1987. Earlier studies have focused mainly on the new rules themselves, but few have analyzed the actual crafting process. This study remedies that oversight as it investigates not only what lay behind the choices made regarding institutional crafting, but also how the new rules shaped the founding elections of the new democracy. The article argues that some of the difficulties that South Korea has experienced in consolidating its democracy may in fact be due to flaws in the institutional crafting process during democratic transition. As such the South Korean case shows that the type of democratic transition may place certain restrictions on the comprehensive approach needed for an institutional crafting process that must go beyond the immediate electoral considerations of individual political leaders. It shows that close co-operation among oppositional forces is essential when during democratic transition institutional crafting takes place. The article reaches the conclusion that if these issues had been addressed in 1987, the alternation in power that occurred in late 1997 would probably have happened sooner.     

The Relationship between Ombudsman, Government, and Citizens: A Survey Analysis

Since the 1960s, ombudsmanship has become increasingly popular. Although there is a great deal of literature on ombudsmen, existing research rarely focuses on the people who actually use the ombudsman's services. This article examines those who seek the help of ombudsmen in Belgium, and asks whether ombudsmen's intervention has a noticeable effect on citizens' confidence in government and public administration. Based on three surveys of 626 complainants, our analysis suggests that we should not see the ombudsman in Belgium as merely an instrument to help citizens but that they can also function as "change agents" and provide early warnings of problems in public administration. The role of ombudsmen in directly strengthening trust in government is limited at best. Furthermore, it seems that the profile of ombudsman complainants is skewed; our findings indicate that the socially disadvantaged are less likely to use the institution.     

The Organizational Ombudsman as Change Agent

Though the organizational ombudsman's role may sometimes be regardedas only a facilitator of individual problem solving, in fact the ombudspersonis ideally situated within the organization to make recommendationsfor systemic change, based on patterns of complaint brought to the office.Indeed, the ombuds is obligated to take steps to prevent future recurrence ofa problem, as well as to resolve the problem at hand. Furthermore, becauseof the ombuds' broad understanding of the organizational culture, theneeds of its leaders and other stakeholders, the ombuds office - in additionto being a vital component of the organization's conflict managementsystem - may also participate in designing, evaluating and improving theentire dispute resolution system for the organization.     

The Buccinasco Pentiti: A Unique Case Study of Radicalization

Recently many scholars have focused their attention on the dynamics of radicalization, de-radicalization, and disengagement, yet most studies are based on indirect and/or data which is difficult to verify. An exception comes from Italy, where authorities have recently benefited from the insights of two former members of an al Qaeda-affiliated Tunisian network. The two have voluntarily described to authorities the process and factors that led them to their radicalization and encouraged them to abondon the network. Based on thousands of pages of their unpublished confessions, the article provides a case study of radicalization that is rich in detail and uniquely reliable.     

从智利养老金私有化改革看制度因素对经济增长的影响

投资率、储蓄率、技术进步等一些因素固然是经济增长的重要推动力量,但是这些因素并不是凭空出现的,也不会自发地改变,而是各种社会经济制度运行的产物,是各种制度作用于经济增长的传导机制。本文试以智利养老金私有化改革为例,分析社会保障制度变化对智利近20年经济的迅猛增长所起的作用,探寻制度因素对经济增长的影响。     

Assessing State Preferences and Explaining Institutional Choice: The Case of Intra–German Trade

A solid knowledge about states' interests in the case under investigation is required to reinforce the neoinstitutionalist hypothesis that international institutions are built to reap joint gains in issue areas in which uncoordinated activities may lead to a suboptimal outcome. However, most neoinstitutionalists who apply game theory to international politics seem to assume that, regardless of the outcome to be explained, no case–specific empirical assessment of actors' interests is needed to understand regime formation. This article aims to empirically assess the constellation of state interests on the basis of which the intra–German trade regime came into existence. Furthermore, solution concepts are used merely as indicators for describing a situation, they are not taken as unqualified predictions of what will happen. This application of game theory still proves useful. By demonstrating that the intra–German trade regime emerged from a constellation of interests resembling a prisoner's dilemma, the neorealist argument that international institutions are unable to regulate important issues in a really competitive relationship is challenged. At the same time, the article points to at least one necessary addition to the neoinstitutionalist argument, as the explanation of given international institutions requires a two–step procedure: first, the explanation of state interests, and second, the explanation of behavior brought to light on the basis of these interests.     

美国对华政策中的认同政治:一个案例分析

认同政治是建构主义的核心概念之一,本文选择1949年新中国成立前后美国对华政策作为案例,分析和考察认同政治在这一时期美国对华政策形成过程中的作用,揭示这一政策失败背后美国方面所存在着的认知问题.     

The Eu's Response to 9/11: A Case Study of Institutional Roles and Policy Processes with Special Reference to Issues of Accountability and Human Rights

ABSTRACT

The challenges of 9/11 required a wide ranging response across all three of the broad divisions of EU policymaking competence: the economic and monetary union, common foreign and security policy and internal security. These policy divisions make up the ‘three pillars’ of the EU's political architecture. This article reviews general issues of accountability and human rights protection in the EU's policymaking and implementation process, the evolution of the EU's response to terrorism, and the general response to 9/11. It then considers, in detail, the implications of the various response measures adopted under each ‘pillar’. The article demonstrates the emphasis that the Member States have placed on security measures and the wider concerns that their content and speed of adoption left little scope for other views to be heard. The article lays stress upon the fact that the effectiveness of the response measures are crucially dependent on the variable implementation capacity of the Member States. The article concludes by noting how the 2004 EU Constitution [Article I-42] requires Member States to ‘…?act jointly in a spirit of solidarity if a Member State is a victim of a terrorist attack….’     

Political Risk: The Institutional Dimension

The argument developed in this paper is that the political arrangements and institutions that help leaders stay in office are not necessarily the ones that promote economic growth and prosperity. Indeed political leaders can remain in office more securely by rewarding the groups that keep them in power with privileged access to public resources. The net result is that the leadership remains in office but at the price of poor economic performance. It is not that the consequences of mismanaging the economy are unforeseen; rather the increased chances of an economic crisis are an acceptable price to pay if it means avoiding a political crisis which challenges the leaders' hold on power. Political survival, not peace and prosperity, is what determines the choice of policies. In this way bad economics can be good politics. The principal hypothesis addressed is that the smaller the size of the winning coalition the more the leadership depends on distributing private goods to the coalition members in order to purchase their loyalty, and, therefore the greater is the level of political risk. The ultimate effects of coalition size and the corruption attending the competition for private goods are the reduction of foreign direct investment per capita. These hypotheses were tested in a three stage least squares (3SLS) simultaneous estimation. The results generally supported the theoretical expectations.     

Vulnerabilities of Institutional Checks in Indian Federalism: The Case of the Adarsh Society Scam in Mumbai

In developing countries, separation of powers coexists with corruption by the ruling elite. This can be attributed to informal institutions, which counter the formal checks and balances. We demonstrate, by studying the Adarsh scam, the vulnerabilities of checks and balances. Fourteen actors belonging to different tiers of the Indian federal setup who could have vetoed the project or certain permissions failed to do so.We find that 54 percent of the checks collapsed because of quid pro quo, 21 percent due to being overridden, 4 percent due to misrepresentation, 7 percent due to absorption, and 14 percent due to omissions in the process.     

Complaints and findings by the Press Ombudsman on the ANC and ANC-led government: A case study

Abstract

A growing crisis of confidence between the ANC and the ANC-led government and the press came to a head in 2010/11. The ANC suggested the creation of a statutory press tribunal and supported the Protection of Information Bill, both regarded as an infringement on freedom of the press by critics. Parallel to this, a review process of the voluntary self-regulation system took place, followed by another commission on press self-regulation. The result was a new system of ‘independent co-regulation’, which was implemented on February 1, 2013. This article takes a step back to investigate the possible reasons why the ANC and the ANC-led government were so critical of the old system of self-regulation. The success (or lack thereof) experienced by the ANC and the ANC-led government in their complaints to the Press Ombudsman could arguably have played some role in shaping their views. It was found that of the total of 593 cases dealt with in the period August 2007 to August 2011, 91 were lodged by representatives of one or another government entity and the ANC, accounting for 15 per cent of the total. The Ombudsman upheld the highest number of government complaints compared to other complainant types, but this only came to 14 per cent. This is regarded as noteworthy, considering one of the ANC's major criticisms, namely that the ombudsman was biased towards the press in his rulings. This finding was, however, not conclusive in any way. While the full findings may be of some value to determine, in conjunction with other factors, why the ANC and the ANC-led government were so critical towards the press, we also need to seriously consider the reality that their philosophical position(s) regarding press freedom and responsibility (which underpins self-regulation), may be steeped in other normative media positions.     

Deconstructing Mediation: A Case Study of the Cod Wars

In this study, I explore the mediation techniques used by an international organization (IO) to settle an international crisis. Specifically, I have focused on the use of formal and informal techniques with a case study of the North Atlantic Treaty Organization's (NATO) mediation during the Cod Wars between Iceland and the United Kingdom. My analysis indicates that a combination of both formal and informal mediation techniques was instrumental in resolving the Cod Wars conflict. Further research would clarify whether this finding can be generalized to other cases of NATO mediation and interventions of third parties in addition to NATO.     

中国粮食饲料的需求与流通渠道--以广东省为例

中国加入WTO后 ,粮食饲料的变化将取决于市场经济条件下 ,国内市场价格与国际市场价格相比处于何种水平上。以广东省为例 ,广东省是典型的玉米需求地 ,目前对玉米的购买主要来自东北地区。通过铁路和港口运输。今后为继续加强中国玉米的国际竞争力 ,必须对国产玉米的生产和流通进行改革 ,才能在国际竞争中处于有利的地位     

The Value of Diplomatic History: A Case Study in the Historical Thought of Herbert Butterfield

This article, substantially based on archival sources, aims to rehabilitate diplomatic history as a mode of enquiry and education using the insights and reflections of Sir Herbert Butterfield, one of the leading historians of the twentieth century. Integrated with developments in theory, methodology and new areas of inquiry over the past generation, his thoughts, it will be argued, can inform the tenets of a revitalized diplomatic history—one that fulfills the promise of its founding scholars and one that reclaims its place at the forefront of historical scholarship: a corrective to some of our present academic priorities.     

The Value of Diplomatic History: A Case Study in the Historical Thought of Herbert Butterfield

This article, substantially based on archival sources, aims to rehabilitate diplomatic history as a mode of enquiry and education using the insights and reflections of Sir Herbert Butterfield, one of the leading historians of the twentieth century. Integrated with developments in theory, methodology and new areas of inquiry over the past generation, his thoughts, it will be argued, can inform the tenets of a revitalized diplomatic history—one that fulfills the promise of its founding scholars and one that reclaims its place at the forefront of historical scholarship: a corrective to some of our present academic priorities.     

Improving Third-Party Decisions at Choice Points: A Cyprus Case Study

Third parties are often required to make process decisions under considerable psychological pressure, within the stressful view of interested parties, often with high stakes and inadequate information, on very short notice, and without an opportunity for extended research or even much reflection. Therefore, a valuable goal in preparing for intervention is to develop the ability to spot patterns or cues in the context of the dispute that can immediately suggest techniques or process options that could be successful. This essay focuses on conditions at important choice points in an intervention and the third-party decisions made in response. It discusses how third parties make decisions on process issues and suggests ways to learn how to make better decisions. Next, it applies this decision framework to an actual intervention, using an effort by a co-author to build interaction between the Greek and Turkish communities in Cyprus during the mid-1990s. Finally, the authors jointly evaluate the Cyprus experience to capture lessons learned for improving third-party conflict resolution practice.     

规范与国际制度安排:一种建构主义阐释

建构主义相信 ,国际制度像其它社会事物一样 ,也是由行为体在社会实践中建构出来的。因此 ,它在分析国际制度安排时 ,与强调物质力量的理性主义不同 ,注重信念的作用。它认为 ,信念根植于社会实践 ,并在社会实践中得以再塑 ,所以具有主体间性 ,而规范就是体现这种主体间性的信念的具体形式。规范是一个行为集体拥有的关于适当行为的共享期望 ,不但界定行为的合适性和有效性 ,还赋予行为体社会角色和建构社会环境 ,从而形塑行为体的收益 ,促使行为体重设目标和调整行为 ,最终影响国际制度的形成。     

从利比亚事件透析中国领事保护机制建设

近年来,随着走出国门的中国公民和企业数量增加,凸显领事保护的重要性,相关机制建设取得了重要进展。中国领事保护机制建设的成效、存在的问题及如何完善值得探究。2011年2～3月的利比亚撤离事件为中国领事保护机制的具体运作提供了一次重要的检阅。此次事件显示出中国的领事保护预防机制仍然存在一些薄弱环节,但领事保护应急协调机制的优势得到了充分发挥,在一定程度上弥补了预防机制的不足。中央企业在撤离中发挥了十分重要的作用,为今后海外中资企业应对类似情况树立了典范。这对完善今后的中国领事保护机制建设有重要启示。     

Institutional Reforms and the Politics of Inequality Reproduction: The Case of the League of Nations’ Council Crisis in 1926

ABSTRACT

This contribution to the special issue explores how institutional reforms are shaped by and feed back into the politics of inequality reproduction. IR has recently begun to more closely study how hierarchies intersect. This article uses the analytical concept of “interlinkages” to grasp how international organisations couple intra-organisational patterns of unequal representation to extra-organisational social hierarchies. It empirically investigates the forms and effects of such interlinkages through a case study of the League of Nations’ Council crisis and reform in 1926. The reform reaffirmed the most prominent interlinkage: the restriction of permanent membership to states recognised as “great powers”. In addition, the reform created two new types of non-permanent seats which changed the pattern of representation of small states. Overall, the case study shows that the interlinkages and their effects were generated by an interplay of formal design and informal understandings both at the level of permanent and non-permanent seats.