Viewpoint: Extraterrestrial National Territory and the International System

Analysis of the probable effects of ending the prohibition against sovereign national extraterrestrial territory in the Outer Space Treaty points to large increases in the total territories of a small number of spacefaring states as they compete in a succession of annexations that move from celestial body to celestial body. Rather than result in an increased chance of war between spacefaring states—an argument deployed by defenders of the Outer Space Treaty—extraterrestrial annexations would instead reduce its likelihood, both in the near-term because of the mutual vulnerability of human spacecraft and bases, and over the long-term by making spacefaring states less vulnerable to terrestrial warfare.     

Slavery: a dual-equilibrium model with some historical examples

What sustains slavery, and why at critical junctures—the fall of the Roman Empire, the early modern expansion of plantation agriculture, the later phases of the industrial revolution, the totalitarian regimes of the 1930s—has it often expanded or contracted so rapidly? Why have elites sometimes been united, but sometimes violently divided, over the choice between free and servile labor? Why has slavery usually been ended by legal prohibition rather than voluntary abandonment? An extremely simple dual-equilibrium picture can illuminate how, when, and with whose support slavery is introduced or abolished. Internal divisions over slavery are likely to be most intense as a society approaches either of these “tipping points.” The most striking example, explored fleetingly here, is the US Civil War.     

Millian Liberalism and Extreme Pornography

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography.     

UDHR and Modern Slavery: Exploring the Challenges of Fulfilling the Universal Promise to End Slavery in All Its Forms

This article reflects on the prohibition of slavery set out in article 4 of the 1948 Universal Declaration of Human Rights, and analyses efforts undertaken in the years since to fulfil this commitment. It first addresses the evolution in the prohibition from historic forms of slavery to contemporary forms of slavery and human trafficking. Second, the article examines the Modern Slavery Act 2015 and the National Referral Mechanism to appreciate the UK's efforts to implement various international commitments to prohibit slavery, noting that the current focus towards criminalisation and the meagre support offered as victim protection does not constitute a sufficiently comprehensive strategy towards effective prohibition. Third, areas for reform are identified that could reorient government strategy toward more effective victim protection and support, starting with better identification of victims. And finally, the article argues in favour of actions that seek to prevent modern slavery crimes and abuse, including with a more robust regulatory framework that engages private sector actors to recognise the risks of slavery and exclude forced labour from supply chains.     

从国际法角度看我国的外国人驱逐法律制度

我国法律中规定了多种具有驱逐外国人效果的法律措施,如限期出境、遣送出境和驱逐出境等,在适用这些法律措施时,不仅要遵守我国法律的相关规定,还要与我国承担或应当尊重的国际人权义务相一致。我国的驱逐外国人制度应当符合国际法所要求的禁止驱逐难民和无国籍人、禁止集体驱逐、禁止推回和对外国人的程序保护等要求。同时,我国也应积极加入驱逐外国人国际规则的制订,促进对包括海外华人在内的处于他国境内的所有中国人的权利的尊重与保护。     

Constitutional Prohibitions in a Rent Seeking Model

I extend the standard rent seeking model to allow lobbying fora constitutional prohibition on wealth transfers. I examinetwo issues: (1) the ability of special interests withsignificant political capacity to block constitutional change;and (2) the effect of adding a constitutional stage on totallobbying expenditures. Defeating a prohibition on wealthtransfers is a public good for rent seekers; success inconstitutional politics merely allows them to lobby for wealthtransfers. The resulting collective action problem for rentseekers in constitutional politics offsets the generalinterest's free rider problems, reducing the probability oftransfers and expected total lobbying expenditures compared tothe traditional rent seeking contest. Introduction of aconstitutional stage also reverses several comparative staticsresults from the rent seeking game. An increase in the numberof rent seekers or the general interest's (consumers') abilityto organize increase lobbying in the rent seeking game butgenerally reduce expected lobbying in the constitutionalprohibition game.     

Syria crisis highlights importance of Chemical Weapons Convention

Allegations in March by both Syria's Assad regime and its opponents that the other side had used chemical weapons in the country's increasingly bitter civil war have served to highlight the challenges surrounding their prohibition.     

Is epistemic accessibility enough? Same-sex marriage,tradition, and the Bible

ABSTRACT

In Liberalism’s Religion, Cécile Laborde argues that a liberal state has to be a justifiable state: state action can only be legitimate if it is publicly justified, that is, if it is based on accessible reasons. These accessible reasons, she argues, are reasons that can be understood by all citizens. She defends a purely epistemic conception of accessibility. On Laborde’s account, accessible reasons are identified by particular epistemic features, and not by their substantive content. In this paper, I argue that Laborde’s account of epistemic accessibility cannot deliver on its promise of public justification. To illustrate this argument, I examine the case of the prohibition of same-sex marriage and look at two potential reasons that could be used to justify this prohibition: the non-accessible reference to the Bible and the accessible appeal to the value of tradition.     

The incoherence of the only serious argument for torture

The ticking-bomb scenario is a thought experiment designed to establish the moral permissibility of interrogational torture in a limited number of circumstances on utilitarian grounds. This article demonstrates that utilitarianism does not support the use of torture in any circumstances, not only because another method of interrogation is more efficient and effective, but also because the practice of interrogational torture undermines individual security and, in turn, the ability of authorities to provide collective security. Therefore, utilitarianism demands the absolute prohibition of torture.     

Judicial policy‐making in the Netherlands: The case‐by‐case method

The Dutch judiciary is modelled on the French one and places a premium on the separation of powers. One manifestation of this adherence to the strict separation of powers is the prohibition against judicial review. Judges in the ordinary courts, however, have since early in this century given broad interpretations to statutes becoming significant policy‐makers in Dutch politics because of the system of coalition governments. Laws are drafted in vague terms, leaving interpretation to the courts, and issues on which there is no possibility of political compromise find resolution only in the judicial forum.     

我国毒驾规制的行政法反思

毒驾问题是继醉驾问题后又一个公共话题。未经由行政法规制而将毒驾直接入刑的做法是与现代刑法谦抑主义相悖的,而且我国毒驾规制采用的是事先性禁止驾驶的行政规制手段,这种"以权利换管理"的规制模式直接违反我国《禁毒法》相应规定,并且对毒驾问题采用行政事先审查办法予以解决,这既不符合行政许可的一般法理,也不符合实践的发展需要。因此,毒驾规制的重心应当实现从行政事先强制性禁止向事后的行政严惩转变。     

Federal-State Relations in Gun Control: The 1993 Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act, which took effectin February 1994, sets minimum nationwide requirements for thesale of handguns and establishes a national criminal-backgroundinformation system. Each of these thrusts of Brady involvesfundamental issues of federalism. The first involves the traditionalgive-and-take between the states and the federal governmentin sorting out specific authority over the prohibition of firearmsales. The second thrust, establishing a national informationnetwork, requires cooperation of all the states and the federalgovernment. This article reviews Brady in the context of twenty-fiveyears of federal gun-control activity, examines its impact onfederal-state relations, and addresses the development of anational criminal-history information network linking the statesand the federal government.     

Image Politics

Abstract

This essay focuses on the ongoing references made to the ban on graven images for the foundation of political aesthetics. In this tradition the image itself plays a significant role in the creation of a dichotomy in which the image becomes either “icon” or false appearance. The image in this tradition is a powerful agent and gains as such performative power. From the Bible to Kant and German idealism to Adorno and Deleuze, the prohibition of the image signals its power and turns it into a strong magnet in political aesthetics, may it be affirmative or negative.     

Socialist racism: Ethnic cleansing and racial exclusion in the USSR and Israel

During the 1970s, both the Crimean Tatars and Meskhetian Turks in Soviet Central Asia compared their plight to that of the Palestinians. The Stalin regime deported both the Crimean Tatars and Meskhetian Turks from their homelands to dispersed settlements in Central Asia. The similarities between the Soviet policies of expelling and permanently excluding the Crimean Tatars and Meskhetian Turks from their homelands and similar Israeli policies towards the Palestinians are not entirely coincidental. The Zionists based their mass expulsion of Palestinians in 1948 and subsequent prohibition on allowing them to return to their homes in part on the Soviet model. The similarities between the two instances of ethnic cleansing are due in large part to this conscious emulation of Stalin's methods by the Zionists.     

The National Minimum Drinking-Age Law

The National Minimum Drinking-Age Act of 1984 was hailed bysome observers as a welcome and appropriate exercise of federalpower. However, the act also constituted an invasion of states'rights. The act stipulates a minimum legal age of 21 for thepurchase or public possession of any alcoholic beverage, andincorporates sanctions against states whose laws are not incompliance. This article evaluates the constitutional basesfor federal intergovernmental regulation in a policy area dominatedby states since the repeal of prohibition in 1933 by the Twenty-FirstAmendment. It also considers the effectiveness of policies designedto prevent alcohol-related highway deaths, and the relativemerits of federal incentives or penalties to induce desiredbehavior by the states. The article concludes that the states,for which the Reagan administration's early theme of decentralizationwas so promising, may continue to find both their federal fundsand individual autonomy seriously compromised in the foreseeablefuture.     

An electoral calculus? Dual incentives and committee assignment in the UK’s mixed-member legislatures

Although mixed-member electoral systems offer an apparent opportunity to observe how different rules shape politicians’ behaviour, ‘contamination’ between the SMD and PR-list tiers has frequently confounded academic work. Investigating Scotland and Wales’ mixed-member legislatures by exploiting their different chamber sizes and an unusual dual candidacy prohibition in Wales, modelling of committee assignments uncovers a split finding. Controlling for membership of the lead governing party, list members have a higher committee workload than their constituency colleagues, and members with previous employment experience in justice and health are more likely to be assigned to the corresponding subject committee once elected. Elsewhere, expectations that members might seek assignments that best suit theorized re-election interests are not found. The hypothesized influence of electoral rules is strongly conditioned by the small size of the legislature in Wales.     

Assessing alternative drug control regimes.

The debate over alternative regimes for currently illicit psychoactive substances focuses on polar alternatives: harsh prohibition and sweeping legalization. This study presents an array of alternatives that lies between these extremes. The current debate lacks an explicit and inclusive framework for making comparative judgments. In this study, we sketch out such a framework, as a reminder of possible policy levers and their costs and benefits that might otherwise be neglected or go unrecognized. The framework identifies a range of pharmacological and economic characteristics of substances, potential harms and their bearers, and the sources of those harms, including drug use, trafficking, law enforcement, and illegal status per se. The framework highlights the difficulty of making objective, rigorous comparisons among regimes, but we believe that it can serve a useful heuristic role in promoting more constructive debate and identifying fruitful questions for research.     

Quasi-Contractual Ministerial Steering of State Agencies: Its Intensity,Modes, and How Agency Characteristics Matter

ABSTRACT:

This article demonstrates the value of conceptualizing four ideal types when studying ministries’ contract steering of state agencies—relational, double-whammy, performance, and behavioral steering—each defined by its combination of input- and output-oriented steering. In the system under study—Norway—about half of all agencies are subjected to steering with a clear profile; the other half are not. The two profiles often dismissed or overlooked in existing research—relational and double-whammy steering—are most common. Thus, introducing a contract regime has not meant a clear shift from input to output control, as posited by some. Most agency characteristics under study—size, age, political salience, and tasks—have significant effects on the likelihood that an agency is subjected to one type of steering or another. Still, the analysis suggests that agency-level characteristics constrain ministerial choice about which steering to practice only to a limited extent.     

Mind the (Mobilization) Gap: Comparing Climate Activism in the United States and European Union

The barriers to concerted political action on climate change mitigation are steep, especially in multilevel systems where power is diffused and authority contested. This article seeks to explain how mobilization—galvanizing resources and people to participate actively—occurs in complex multilevel systems. It compares two different polities—the United States and the European Union—to tease out the key features of multilevel systems and how they affect climate activism and mobilization. To capture this dynamic, it proposes a three‐staged model of mobilization: awareness building, alliance building, and network creation. The latter stage features “mobilization networks”—stakeholder networks able to transcend levels and institutional inertia and steer polities toward particular climate goals. The article demonstrates how each stage of mobilization is highly contingent on stakeholders' ability to exploit—or at least navigate—multilevel institutional barriers.