Expatriate Games: Interorganizational Coordination and International Counterterrorism

In America, Britain and Australia the threat of terrorism has been used to justify radical new legislation that gives police and intelligence agencies unprecedented powers to detain and question people believed to have information connected to terrorism. In this paper I explore the nature of the threat of non-state terrorism—threat to national security and the well-being of citizens. I argue that terrorism does not pose a threat sufficient to justify the kinds of counterterrorism legislation currently being enacted. Furthermore many of the current counterterrorism practices pose a greater threat to individual physical security and well-being than non-state terrorism. We should fear counterterrorism more than we fear terrorism.     

Public Procurement Directives in the European Union: A Study of Local Authority Purchasing

Prompted by the Single European Market initiative, virtually all public procurement, except for defence equipment, is now subject to European Union rules which prohibit discriminatory (buy national) purchasing policies. This paper examines the impact of recent procurement Directives on local authority tendering and contract award behaviour (compliance), and considers whether the legislation has been successful in opening-up such public procurement to international competition. Although local authorities are making extensive use of the Official Journal to advertise their requirements, there is evidence that purchasers do not always adhere to the new legislation and it is not obvious that adherence to the legislation is improving. Moreover, an analysis of local authority contract award data for 1993 revealed that almost all contracts were won by domestic firms. However, doubts about the ultimate ownership of such firms and the sourcing of components means that there remains considerable scope for further work.     

Why ‘Uganda’s anti-homosexuality bill’? Rethinking the ‘coherent’ state

How we understand the state is important when addressing issues of human rights. During the debate on the Anti-Homosexuality Bill in Uganda, the country was, at times, presented as nearly uniformly homophobic, exemplified by references to ‘Uganda’s Anti-Homosexuality Bill’. The state, which does discriminate against gender and sexual minorities, is comprised of different institutions and people, holding, at times, conflicting positions. This paper documents these differing positions that parts of the state adopted, along with how those positions changed over time in response to political changes and lobbying from civil society. Uncovering gaps in the coherence of the state by identifying these opposing views is useful both for how we understand and study the state, and for activism against political homophobias. Strategies against legislation similar to the Anti-Homosexuality Bill can target those within most likely to oppose such laws.     

The Evolution of the Regulation of Labour in the USSR,the CIS and the Baltic States, 1985–2009

This article is a first systematic study of employment protection legislation in the 15 successor states of the USSR over the last two and a half decades. The analysis is based on new and unique data assembled using OECD methodology. We find that the dynamics of employment protection in the region resemble an inverted U-shaped pattern with the peak of labour market rigidity occurring in the mid-1990s in CIS countries and a decade later in the Baltic states. By now, the former Soviet states as a group are similar to the EU-15 and OECD countries in terms of the overall employment protection legislation index, although they differ in terms of contributions to the overall employment protection legislation of its three major components, namely, regulation of permanent contracts, temporary contracts and collective dismissals.     

Health care reform content and process:propositions from the states

Health care reform and cost containment have become central campaign and policy issues in the United States. Although focus now centers on federal health care reform policy, state governments have been actively introducing health care reform legislation. Some of the health care reform initiatives on the state level have influenced deliberations on the federal level and President Clinton's health care reform initiatives will spur further state experimentation regardless of legislative success in Congress, In 1992 nearly all 50 states had either legislation introduced, or special task forces assigned that addressed health care reform issues. This exploratory research compares the content and process of health reform in four states that attempted major reform in 1992—Florida, Washington, Michigan, and Wisconsin—and draws propositions for state reform based on comparisons of content and process. The four states chosen represent geographic diversity and a balance between legislation seeking partial change and legislation calling for universal health care reform. The principal reform bills in each state are compared and assessed on the degree to which they address eight reform elements; high tech medicine, administration, tort reform, long-term care, regulation, insurance mandates, small business insurance, and insurance portability. These initiatives are also compared on a series of reform process variables that relate to the political process for adopting reform: degree of health sector support, type of political strategy used, reform champion, degree of cooperation among policy stakeholders, and timing of initiative. Based on these four cases the phased/partial approach seems to have a greater chance for legislative success than immediate universal reform. Florida's partial, consensus-building approach resulted in the only signed bill of the four states. Washington's bill, which also took a partial approach, passed the state senate before ultimate defeat in 1992 and eventual passage in 1993. Neither of the more ambitious universal health care reform packages introduced in Wisconsin or Michigan got out of committee. Although some of the plans were thorough, none adequately addressed the tradeoff between increasing access to care and containing costs. In addition, this study will demonstrate that universal health care legislation, does not necessarily equate to comprehensive health care reform. The propositions derived from this research have implications for future state health care reform efforts, as well as for federal health care reform policy in terms of the substantive content of reform proposals and the political process by which they are advanced.     

THE EU AS LAWMAKER: THE IMPACT OF EU DIRECTIVES ON NATIONAL REGULATION IN THE NETHERLANDS

The impact of European directives on Dutch regulation is fairly limited when compared to the claims that are made by academics and politicians. We found that 12.6 per cent of all parliamentary acts, 19.7 per cent of all orders in council, and 10.1 per cent of all valid ministerial decisions were actually rules transposing EU directives. The total overall impact for all three types of legislation was 12.6 per cent. Departments generally employ the same type of rules in similar proportions both when transposing EC directives and when producing national rules. Departmental autonomy is a defining feature of Dutch central government in general, and this pattern persists in the coordination and implementation of EU directives. Nearly 90 per cent of the European directives in The Netherlands are transposed through delegated legislation in which no involvement of parliament is required. If we take into account the fact that the majority of formal laws are actually drafted by the executive and submitted to parliament, we could easily state that virtually all national rules that transpose European directives into the Dutch legal system are drafted by the executive.     

Environmental attitudes and concerns of the environmental protection bureaucrats in guangzhou,people's republic of china: Implications for environmental policy implementation

This article analyzes the questions of implementation failure in environmental policy in China. Using empirical data collected in Guangzhou, People's Republic of China, die article documents the environmental attitude of Guangzhou's Environmental Protection bureaucrats. In interpreting the data, the article seeks to assess and evaluate the present state of environmental administration in China. This article provides evidence that although China has made much progress in developing environmental legislation and a regulatory framework, the economic growth and devolution of power unleashed by reforms have also created new environmental stresses and, to some extent, reduced the regulatory capabilities of governments in China.     

Assessing the European Union's engagement with transnational policy networks on conflict-prone natural resources

Transnational policy networks (TPNs) are attracting greater scholarly interest given their impact on the contemporary conduct of international affairs. While this has been a welcome development for International Relations scholars and provided some preliminary insights, there is a need for more scholarly studies of TPNs that delve into specific issue-areas on a comparative basis. The paper addresses the above need by providing analyses of the role of European Union (EU)-based actors – the European Commission, member states, civil society organizations, and firms – in regulatory frameworks on conflict-prone natural resources such as oil, diamonds, coltan, tin, tungsten, and gold. To that end, the paper draws upon participant observations, interviews with state and non-state actors, and access to primary documents in order to provide a comparative examination of EU-based state and non-state actors within the Extractive Industries Transparency Initiative and draft EU legislation that seeks to prevent the trade of conflict-prone minerals.     

The Paradox of Small Hydropower: Local Government and Environmental Governance in China

Small Hydropower is regarded by the Chinese state as a method for both poverty alleviation and environmental protection in rural areas. This paper finds that local government officials develop an ‘environmentally bundled economic interests’ approach that simultaneously fulfills the central state’s new political mission and local economic development demand. The small hydropower plants however have paradoxically become the destroyer of the environment as local government at different levels develop the plants in an un-coordinated manner. We use the growth of small hydropower in Yunnan province as an exemplar to show the new tendency and problems of China’s environmental governance.     

ROMANIA: A CASE STUDY IN DELAYED PRIVATIZATION

ABSTRACT

Romania emerged from 45 years of communism with 12,000 enterprises in state hands. As the nation moved toward democracy and free market conditions, its new leaders created legislation to privatize at least half of the state owned enterprises. In the years 1990 to 1996, the actions to privatize state owned enterprises went slowly, even though outside organizations such as the International Monetary Fund, World Bank, and European Union urged speed in privatization. Until November 1996, former communists who had high positions under Nicolae Ceasusescu led the government. After 1996, with a reform coalition running the country, privatization speeded up and made a difference in the county's economy. Privatization continues even though the government changed hands again in 2000. Romania's delayed privatization program has so far precluded the emergence of a new group of powerful owners who become so strong they can stymie the long-term achievement of a fully reformed economy.     

The Effect of New Legislation on the Disclosure of Performance Indicators: The Case of Spanish Local Governments

This article analyzes the effect of new accounting legislation on the disclosure of performance indicators in the financial statements of Spanish local governments. Based on agency and institutional theories, the article also assesses whether the disclosure of performance indicators is used to make the monitoring of local government performance easier for stakeholders or merely to project an image of good management. The results show that the enactment of new legislation has only led to a partial implementation, most local governments disclosing financial and budgetary indicators but very few providing indicators related to the performance of public services. The institutional theory (symbolic value) seems to be the rationale that best explains this pattern of disclosure.     

Medical underservice: The source and the potential of the special district solution

This paper is concerned with the appropriateness of various structural approaches t o the problem of medically underserved areas (MUAS). The failure of the private sector in this regard and the experience with public sector responses to the problem are noted. The paper compares the merits of applying the device of the special district to MUAs with arguments favoring a general government solution. The experience of the state of Arizona with Health Service District legislation is observed.

The logic of the special district and the nature of medical underservice offerslim hope that this device might materially ameliorate the problem. A t the same time, the past initiatives of general purpose government have not served t o erase medical underservice. The point is made t h a t empirical evidence is needed t o fully test the assumptions underlying the arguments of the respective approaches.     

Labour market segmentation in Cameroonian manufacturing

The economic crisis in Cameroon has provided a test for distinct causes of labour market segmentation. Many firms that previously followed rigid legislation have ceased to do so, while a traditional informal sector has continued outside almost all regulation. We categorise workers as informal, formal, or regulated, by firm characteristics, and test for labour market segmentation between these sectors. Direct legislation is the most significant cause of segmentation. We find limited evidence that the costs of becoming formal create rationing in formal‐sector jobs. While addressing both sets of rigidities would have maximum impact on unemployment in Cameroon, reforming direct labour legislation is likely to have the most beneficial short‐term impact.     

Building a ‘culture of dialogue’ among stakeholders in North-West Russian oil extraction

This article analyses the development of relations between indigenous communities, oil companies and the state in Russia's Nenets Autonomous Okrug (NAO). Using first hand information from anthropological fieldwork and one co-author's own involvement in regional politics, we analyse efforts to establish stakeholder dialogue. We show that ‘collective agency’ is crucial to prepare the ground for trustful relations, whereas high personnel turnover within interest groups jeopardises initially promising initiatives. Lessons from this experience have relevance for similar analyses throughout Russia in those cases where consistent federal and regional legislation is not likely to be in place in the near future.     

The tying of aid and the problem of “local costs”

Son preference has persisted in the face of sweeping economic and social changes in the countries studied here. We attribute this persistence to their similar family systems, which generate strong disincentives to raise daughters – whether or not their marriages require dowries – while valuing adult women's contributions to the household. Urbanisation, female education and employment can only slowly change these incentives without more direct efforts by the state and civil society to increase the flexibility of the kinship system such that daughters and sons can be perceived as being more equally valuable. Much can be done to accelerate this process through social movements, legislation and the mass media.     

Counterterrorist Legislation and Respect for Civil Liberties: An Inevitable Collision?

The literature on counterterrorist measures often emphasizes the potential harmful effects of such measures on human rights and civil liberties. While recent research has examined the effects of counterterrorist legislation on the violation of physical integrity rights (e.g., torture and extrajudicial killings), no quantitative cross-national study has looked at the consequences for civil liberties. Still, case studies in a variety of countries suggest that counterterrorist legislation indeed leads to various infringements of liberties such as the freedoms of expression, religion, assembly, and movement. We conduct a cross-national time series analysis of counterterrorist legislation and consequent repression of civil liberties for the years 1976–2009. We find that the effects of legislation vary by levels of initial repression. Legislation has a negative effect on respect for civil liberties in countries with moderate levels of repression. However, this effect diminishes in non-repressive countries and reverses in countries with high levels of repression.     

Language and education laws in multi-ethnic de facto states: the cases of Abkhazia and Transnistria

Even after the conflicts of the early 1990s that brought them to their de facto independence, both Abkhazia and Transnistria remained strongly multi-ethnic. In both territories, no single ethnic group is an absolute majority and Russian is the language that is mostly spoken on the streets of Sukhumi and Tiraspol. Legislators of both entities felt the need to deal with multi-ethnicity and multilingualism, including in their constitutions, in laws related to education, or more directly with specific language laws (1992 law “On languages” in Transnistria; 2007 law “On the state language in Abkhazia”). The protection of linguistic rights that is formally part of the legislation of both territories finds limitations in practice. The language of education has proved to be particularly contentious, in particular for Moldovan/Romanian language schools in Transnistria and Georgian language schools in Abkhazia. Why are language laws in Abkhazia and Transnistria so different, in spite of the fact that they are both post-Soviet, multi-ethnic territories that became de facto independent in the early 1990s? The different approaches found in Abkhazia and Transnistria represent remarkable examples of language legislation as a tool for nation-building in ethnically heterogeneous territories.     

Combating terrorism by constraining charities? Charity and counter‐terrorism legislation before and after 9/11

How does counter‐terrorism legislation – enacted in democratic states – impact upon charities, intentionally or unintentionally? To address this question, we present a new analytical framework that allows us to compare, across established democracies, how charity legislation and counter‐terrorism legislation are connected, enabling us to assess how charities’ legal environments have changed since 9/11. Comparing legislation across six long‐lived democracies (the UK, US, Australia, New Zealand, Canada and Ireland), we distinguish between three types of legislative connection: overlap, direct intersection and indirect intersection. These categories differ in terms of the visibility of the connection established between the two areas of law. As high‐profile reform exercises, both overlap and direct intersections have been predominantly introduced post‐9/11. But it is through indirect intersections that intensified post‐9/11 which are most vague and difficult to manoeuvre, that the day‐to‐day activities of charities are most likely to be affected, with important empirical and normative repercussions.     

SELF‐REGULATION WITHIN THE REGULATORY STATE: TOWARDS A NEW REGULATORY PARADIGM?

An emerging feature of the modern regulatory state in Britain and elsewhere is the promotion of self‐regulation. This paper examines the relationship between the state and self‐regulation in the context of the challenge of meeting public interest objectives. It draws on research on the policy and practice of self‐regulation in recent years in Britain. The paper argues that the institutions, processes and mechanisms of the modern regulatory state and the ‘better regulation’ agenda in Britain, notably those that aim to foster transparency and accountability, can assist in the achievement of public interest objectives in self‐regulatory schemes. We conclude that a ‘new regulatory paradigm’ can be put forward which involves a form of regulatory ‘subsidiarity’, whereby the achievement of regulatory outcomes can be delegated downwards to the regulated organizations and self‐regulatory bodies while being offset by increasing public regulatory oversight based on systems of accountability and transparency.     

Integrated resorts and hotel (gambling) service enterprises in Singapore,Macau and Australia: the changing policy landscape

In 2006, Singapore passed legislation allowing the establishment of integrated resorts (IRs) with extensive gaming facilities on the island nation. The Singaporean government was motivated to open two massive IRs in 2010 by the twin objectives of achieving a dramatic elevation in the position of the services industry within their national economy, and to increase state income through lucrative gaming taxes. The Singapore government's decision to take this developmental step was directly influenced by the expansion of Macau into the largest global gambling entity in the world, now dwarfing Las Vegas across all key indicators including revenue and visitor numbers. Macau's position at the pinnacle of Asian gambling, attracting the massive Chinese market, is now beyond dispute. Combined, both Macau and Singapore have altered the IRs services landscape of Asia and Australasia. The economic success of the two Asian gambling giants has seen notable policy responses from national and regional governments. In Australia these policy responses have led to decisions to build new IRs and massively redevelop existing facilities up to a new standard of service aimed at competing with the new facilities operating in Singapore and Macau.