Warum die Kontrolle abgeben? Die Delegation von Migrationskontrolle aus der Prinzipal-Agent-Perspektive

More and more, management and control of immigration is conducted in an exterritorial form that is beyond the territory of destination countries. The visa procedure in embassies and the reliance on carrier sanctions as well as the cooperation with countries of transit or within the EU’s Schengen area aim at conducting control before migration flows reach the respective country of destination. As all these control practices require the delegation of control measures, the paper identifies four types of exterritorial migration control by relying on a principal-agent framework and develops an analytical frame for studying this type of migration management. Within the visa procedure, exterritorialization is achieved by delegation between different agencies and ministries of countries of immigration. The delegation of control to transport enterprises enables exterritorialization by incorporating private actors. Delegation between sovereign nation states is the mechanism for both the cooperation with countries of transit as well as within the EU’s Schengen area. From a principal-agent perspective, the paper analyzes the logics of delegation, the actors’ rationales as well as the resulting costs of shifting migration control to places beyond national territories.     

Dangerous Liaisons? State-Chaebol Co-operation and the Global Privatisation of Development

This article analyses the relationships between private and public sectors in shaping the South Korean development assistance agenda. Since 2008, subsequent Korean administrations have made development assistance a keystone of their foreign policy. Fast growing middle-income countries seem to be favourite development partners for these administrations and the parallel increase in the overseas expansion of Korean chaebol in these developing partner markets suggests that interactions between private economic interests and development assistance exigencies have been numerous. Based upon fieldwork on Korean development assistance, this article shows that Korean conglomerates are both informally and structurally included in decision-making processes as a result of the specific governance architecture inherited from the developmental state era. But recently, since its accession to the Development Assistance Committee in 2010, Korea has also been institutionalising private actors’ inclusion in official development assistance delivery mechanisms. This should be understood as part of a global agenda that has increasingly privatised development formulation and delivery. The inclusion of chaebol in official development assistance through institutional mechanisms might actually be more aligned with Organisation for Economic Co-operation and Development norms than the existing literature suggests.     

India’s South-South Cooperation in Human Resource Development

ABSTRACT

The article reviews several of the main modalities of India’s human resources’ involvement with other developing economies, and especially those in Africa. These involve the provision of long-term scholarships and short-term professional training awards. Comparison is made, in the case of international students, between the scholarship and privately funded categories, and also between those from Commonwealth and non-Commonwealth countries. Comparable data on such assisted foreign student flows are also offered in respect of South Africa. Other modalities of India’s HRD engagement with Africa are analysed, including those associated with the India-African Forum Summits (IAFS). India also does capacity building through non-state actors, notably nongovernment organisations and the private sector. Furthermore, it promotes cultural diplomacy through its Indian Cultural Centres and Chairs of Indian Studies, though these are not restricted to developing economies. Although attention is paid to the Commonwealth dimension in these comparisons, it is acknowledged that the classification of students and countries as Commonwealth may not be as widespread or meaningful today as 60 years ago.     

Reassessing South European Pensions after the Crisis: Evidence from Two Decades of Reforms

The article studies pension reforms in Greece, Italy, Portugal, and Spain between 1990 and 2013, focusing on three dimensions of change: multi-pillarisation, institutional harmonisation, and spending trends (cost-containment/expansion). The pension evolution of these countries is reassessed throughout the period of crisis and austerity. All countries encouraged the spread of private pensions and harmonised their fragmented public schemes. Cost containment was massive, putting future adequacy at risk. While international actors, especially the European Union, acquired a stronger role, that of organised labour declined. Spiralling between crisis and austerity, these systems changed and adapted, but still face old and new problems: inequality, risk individualisation, and increasing vulnerability to external shocks.     

Private authority and disaster relief: The cases of post-tsunami Aceh and Nias

Abstract

This article explores the rise of private authority in globalized disaster relief scenarios by looking at the case of nongovernmental organizations (NGOs) operating in Aceh and its neighboring region, Nias, after the December 2004 Indian Ocean tsunami. The author places the growing strength and presence of NGOs within the larger context of weak, cash-strapped local governments under decentralization schemes promoted by neoliberal economic policies and argues that under such conditions, private actors such as NGOs are gaining a legitimacy of authority once reserved exclusively for the state. In Aceh after the tsunami, five hundred NGOs began operating relief and recovery efforts on the island with little consultation with local Acehnese government agencies and community organizations. The article concludes by arguing that the example of Aceh, in which public and private parallel systems of relief and recovery have been operating raises long-term issues of accountability for all parties involved.     

New Constellations of Social Power: States and Transnational Private Governance of Palm Oil Sustainability in Southeast Asia

ABSTRACT

This article considers whether private sustainability standards can lead to lasting change in corporate and state agricultural practices implicated in the environmental damage and social conflicts caused by oil palm cultivation in Indonesia and Malaysia by examining in detail the social processes through which non-state actors engage in governance. Sceptics of private regulation point to the powerful state–business patronage networks in these countries as structural impediments to reforming this sector. Drawing on the literature on global production networks, I show how producers deeply embedded within such supportive local political economies nevertheless choose to comply with stringent global private standards to reduce risks to their global operations. It was the renewed emphasis on supply chain “traceability” to demonstrate responsible corporate behaviour to investors, buyers and consumers that served to embed globally-oriented palm oil plantation firms and their upstream suppliers into emerging ethical supply chains. Embedding occurs through three social processes – surveillance, normalising judgement and knowledge transfer. The private regulatory developments analysed in this article, though relatively recent, are supported by a diverse transnational coalition of principled and instrumental interests and have created significant openings for a new, or at least, parallel, and more progressive, private regulatory order in Malaysia and Indonesia.     

Learning from Latvia: Adoption,Adaptation, and Evidence-Based Justice Reform

Justice reform through legal technical assistance has emerged since the 1990s as a means to support developing and transition countries to reform governance structures. To date, few studies have examined which aspects of capacity development can best support the adoption, adaptation and local acceptability of international norms within local justice systems. This paper presents the findings of a mixed methods study of 14 Latvian participants involved in a Canadian justice reform project that established the Latvian State Probation Service (SPS). It provides empirical support for the view that development actors must support organizational policies that build the individual capacity required to engage in the reform process.     

Structural aspects of the Asian financial crisis

The “Asian Miracle” has been attributed to a number of factors, including macro‐economic stability, high levels of saving and investment, and the accumulation of skilled human resources, but the strategy of rapid economic development that has been pursued in these countries has left some structural vulnerabilities. Kazuyuki Motohashi, currently Assistant Director, Small and Medium Enterprise Agency, Ministry of International Trade and Industry (MITI), analyzes the structural factors behind the current account deficits of the respective countries, and the lack of market discipline in the governance system in both the public and private sectors. The views expressed in this paper are those of the author, and do not represent the views of either MITI or the OECD.     

Governing Domestic Worker Migration in Southeast Asia: Public–Private Partnerships,Regulatory Grey Zones and the Household

ABSTRACT

Focussing on the example of domestic worker migration, this article seeks to explore the regulatory regimes that control the flow of migrants across Southeast Asia. Although at first glance this appears to be a deeply statist regime, the aim of this article is to complicate this picture and to look at the role that private power and authority places in shaping migration governance. The article focusses on three interrelated issues: (i) how states have increasingly come to regulate migration via partnership arrangements with private sector actors; (ii) how these partnership arrangements are emblematic of broader processes of state transformation that take shape within the complex governance practices surrounding domestic worker migration in Southeast Asia; (iii) how a focus on the micro-processes of domestic worker governance (that is, how migrant worker bodies are constructed and disciplined) also highlights the significance of private actors in this aspect of governance.     

End of an Era? The Landtagswahl in Bavaria,September 2008

The biotechnology and venture capital sectors have flourished in Germany during the 1990s, a surprising development that finds its roots in the policies of the federal government. Years before the private sector became engaged, the federal government had identified biotechnology and venture capital as important for job creation and Germany's world‐wide status as a technological leader. Its success in leading a renaissance in these sectors sits uneasily with dominant understandings of the German state as ‘semi‐sovereign’ (Katzenstein) or ‘enabling’ (Streeck) ‐ as institutionally incapable of defining policy against or without the active participation of societal actors. This article uses a history of the biotechnology and venture capital sectors since the 1970s to re‐examine the relationship between the central state and lower governments as well as organised interests in Germany. The evidence demonstrates the federal government's autonomy in formulating policy priorities as well as its ability to enhance the capabilities of lower level governments and private sector actors to achieve the objectives it defined.     

Suing the State in Russia

An expert on Russian law and politics uses statistical data as well as field-work in Moscow, Saratov, and Yekaterinburg to examine the uses of arbitrazh courts in Russia. Data on cases initiated by the state and by private enterprises are compared to determine whether there is a trend of increasing faith in the court system to fairly resolve disputes between private actors and the state.     

Anand Patwardhan: Social Activist and Dedicated Filmmaker

In this essay—an earlier version of which was delivered as a lecture at a session cosponsored by Critical Asian Studies and the Alliance of Scholars Concerned about Korea (ASCK) at the annual conference of the Association for Asian Studies, San Diego, California, on 23 March 2013—the author argues the need to go beyond the current state of perilous confrontation and volatility on the Korean Peninsula and examine how and why the current division of the peninsula into North and South has evolved into a “division system.” The author contends that “civic participation” (broadly defined to include business entrepreneurs, corporations, NGOs, and private citizens) is necessary to deal with the durable enormity of the division system. He calls this body of nonstate actors the “third party” (the first two parties being those of North and South Korea). Going beyond strictly Korean affairs, this third party, the author concludes, can play a crucial role in creating a larger framework of East Asian cooperation and solidary.     

Globalisation and the state revisited: A view from provincial Vietnam

The article considers the changing nature of the state in an era of globalisation, exploring the impact on the state of changes in cross-border flows and the rise of private and transnational actors. Presenting data from two Vietnamese border provinces, the article paints a picture of a relatively powerful state, which appears to be extending its reach in some areas. Asking how we reconcile this with increased cross-border flows and the rise of private and transnational actors, the article suggests that where sub-national governments are less integrated in global financial architecture, and where domestic private capital has close relations with the state, the impact in terms of precipitating a diminution of state power is likely to be less. Equally, the article argues that there is a tendency in some of the literature to overstate the influence of foreign private capital and transnational institutions on the state in ways which seem inappropriate away from the capital city.     

RISE OF THE DISLOYAL: INCREASING RESENTMENT IN NORTH KOREA

Why has loyalty to the Kim Family Regime and the Worker’s Party diminished over the past twenty years despite a rise in the average standard of living, greater social mobility, and a regime policy of benign neglect towards marketization? Unthinkable in the Kim Il Sung era, the increase in expressions of resentment toward the North Korean authorities represents a shift in the ideology, behavior, and motivation of the population. Four critical factors have heightened tensions between state and society in North Korea, leading to a reduction in loyalty among the general population. The author considers the impact of labor mobilizations, the declining importance of party membership, the influence of foreign media, and the rise of rent seeking and extractive policies. While all play a role, it is important and possible to identify the primary cause. Extractive policies and rent-seeking position the regime and the people in a directly adversarial relationship. All tiers and agencies of the government have become complicit in efforts to siphon off profits, control market actors through crony capitalism, rent seek, over-regulate, and compete against private market actors, causing the residents to express frustration and resentment towards a government that does not have their interests at heart.     

Entsicherte Verhältnisse – (Un)Möglichkeiten fürsorglicher Praxis

Starting point of the article are the upheavals of employment relationships in modern, post-Fordist societies. These are characterised by the increasing relevance of efficiency in social lives because of blurring boundaries between paid work and private life or growing processes of precariousness through uncertainties of social regulation. The author argues that these processes are accompanied by shifting conflicts between paid work and private care responsibilities, which are still oriented at the Fordist gendered division of work and gender classification but should not be seen as a simple repetition of those. By presenting three case studies from an empirical research project on the retail trade in Brandenburg and Berlin, specific problems of the reconciliation between paid work and private care as well as ways to solve these are analysed. The article ends with a discussion whether (often forced) changes in life style open some (often precarious) capabilities for questioning the gendered division of labour which has been formerly taken for granted.     

Collaboration gone awry: The formation of women’s shelters as public institutions in Turkey

Turkey is an interesting case in that its women’s shelters are mainly both established and run by public actors; in many other countries these institutions, though funded by public authorities, are mainly run by NGOs. By looking at the relationship between the feminist movement and the public authorities from the 1990s onwards, this paper argues that in the case of public women’s shelters, the engagement of non-public actors in policy-making processes has resulted in the perpetuation (rather than the retreat) of the state’s presence.     

Southern African governments,multilateral development banks,non-state actors,and sustainable infrastructure: Managing changing relationships

There is a need for the countries of Southern Africa to invest in building infrastructure, for which purpose they can be expected to utilise the services of multilateral development banks (MDBs). MDB-funded infrastructure projects often become arenas for debate over the roles and responsibilities of different actors in the development process. This article discusses the fact that there is no longer a clear consensus on the relative responsibilities of governments, MDBs and non-state actors in regard to infrastructure projects, and analyses how these new tensions in the relations between these three actors could complicate efforts to develop the infrastructure so urgently needed in Southern Africa.     

The politics of Japan's free trade agreement

For a long time, the Japanese government showed awkward and indecisive attitudes towards trade policy. There was strong opposition from the two political actors — bureaucrats at the Ministry of Agriculture, Forestry and Fisheries (MAFF) and politicians in the ruling Liberal Democratic Party (LDP) — to market opening in the agricultural sector. This article highlights private interests and the public interest of MAFF bureaucrats and LDP politicians and examines how the evolving perception of the interests has influenced debates and the progress of free trade agreement (FTA) policy over agriculture. The central argument is that economic linkages and institutional cooperation in East Asia have changed basic interests of MAFF bureaucrats and LDP politicians, and such changes, then, have induced new moves in Japan's FTA policy towards countries of the region.     

From Clean Air to Climate Policy in the Netherlands and Switzerland: How Two Small States Deal with a Global Problem

Guided by the question "Who can learn from whom?" the author compares how domestic actors in the Netherlands and Switzerland tackle global problems involving scarce natural resources. Variables such as storylines, policy instruments, and actor networks are framed by political traditions and the general "philosophy" behind each country's policy. Both countries pursue their own strategy, and give environmental policy high priority in their political agendas. But Dutch policy is shaped by a specific tradition of negotiation and "voluntary" agreements between ministries and polluter groups. Swiss policy emphasizes binding legislation. Empirical observations are embedded in political theories dealing with potential shifts from sectoral thinking towards ecological modernization, sustainable principles, and network management. It is argued that the real challenge for politics and science is to include normative debate in open policy‐making systems. However, it is suggested that there is not much time left to experiment with new policy styles.     

Who Governs and How? Non-State Actors and Transnational Governance in Southeast Asia

ABSTRACT

This special issue focuses on transnational governance, essentially cross-border networked forms of co-ordination in which non-state, or private, actors play important or leading roles in providing standards, rules and practices that other actors voluntarily abide by. While not denying the pre-eminent role of the state in governance, we nonetheless believe there is an under-estimation of transnational governance in Southeast Asia and the varied governance role played by non-state actors that go beyond that of simply acting as pressure or advisory groups lobbying or advising states and regional organisations. We provide five different case studies that explore in detail the varied governance roles played by non-state actors using the common analytical framework set out in this introduction. The case studies reveal interesting variations in the architecture of transnational governance, why they emerge, the modes of social co-ordination through which they work to shape actor behaviour and achieve impact, their normative implications, and how these governance schemes intersect with the state and national regulatory frameworks. This special issue, thus, highlights the variegated architecture of governance in this region in which non-state actors play substantial governance roles regulating the conduct of other actors.