Regulation in Comparative Perspective

Structural changes in the world economy pose challenging new problems for comparative policy analysis. One such problem is the harmonization of domestic policies and institutions, which the Uruguay Round of GATT negotiations has identified as a key principle of international economic relations. Harmonization may mean the creation of a single policy space out of a number of distinct jurisdictions. It can also mean the adoption of common policy goals or general principles that national governments can pursue by different strategies. Comparative analysis can help in choosing the type of harmonization most appropriate in a given context. This article analyzes the development of harmonization strategies in the European Community/European Union. The European experience shows that far-reaching economic integration can be achieved without suppressing cultural diversity and legitimate differences in national preferences.     

Gorillas in the closet? Public and private actors in the enforcement of transnational private regulation

This paper examines to what extent the background presence of state regulatory capacity – at times referred to as the “regulatory gorilla in the closet” – is a necessary precondition for the effective enforcement of transnational private regulation. By drawing on regulatory regimes in the areas of advertising and food safety, it identifies conditions under which (the potential of) public regulatory intervention can bolster the capacity of private actors to enforce transnational private regulation. These involve the overlap between norms, objectives, and interests of public and private regulation; the institutional design of regulatory enforcement; compliance with due process standards; and information management and data sharing. The paper argues that while public intervention remains important for the effective enforcement of transnational private regulation, governmental actors – both national and international – should create the necessary preconditions to strengthen private regulatory enforcement, as it can also enhance their own regulatory capacity, in particular, in transnational contexts.     

社会网络分析法视角下的我校科研合作实证研究

社会网络研究已经逐步推广应用到各个领域,通过介绍社会网络分析方法并将之引用到我校科研合作分析中,从中心性分析、凝聚子群分析以及核心一边缘结构等角度,以我校2010年的科研合作者为对象,对我校的科研合作网络进行了实证研究。通过实证研究,评价我校科研人员在合作网络中的地位,发现了合作网络中联系紧密的团体,指出了科研合作网络中核心作者的数量和所属部门。     

《联合国反腐败公约》及其借鉴意义

《联合国反腐败公约》详细规定了反腐败的预防机制、定罪与执法机制、国际合作机制以及资产的追回机制,对我国反腐机制的完善具有重要的借鉴价值。我国也应通过建立预防性反腐败机构,进一步完善公务员制度,建立利益冲突避免机制,做好政务公开,提高反腐工作的社会参与度等措施加强对腐败的预防;通过修订和完善刑法,完善证人制度和加大制裁力度等措施确保腐败犯罪分子受到与其所犯罪行严重性相当的制裁;通过加强金融监管,落实金融实名制和加大对洗钱与窝赃的打击力度等措施降低腐败收益;通过订立双边或多边协定加强国际合作,做好对犯罪分子的引渡工作和犯罪所得的追回工作。     

China's new generation trade agreements: Importing rules to lock in domestic reform?

Since the beginning of the 21st century we have witnessed a proliferation of Preferential Trade Agreements (PTAs) in Asia Pacific. China has been at the forefront of this development. Initially, China's PTAs were very shallow and mainly aimed at building friendly relationships with developing countries. However, over time, China has started to negotiate deeper PTAs with developing and developed countries alike. This notable shift has thus far been understood to result from four broad motivations: China's desire to access key export markets; the facilitation of regional production networks; to address resource security concerns; and/or to further geostrategic interests and political influence. We propose that these motives are not sufficient to fully account for China's new generation trade agreements. We suggest that China is increasing its integration into the world economy to push for domestic marketization and reform by credibly committing to trade liberalization through PTAs. Deep and comprehensive PTAs oblige a country to follow a set of rules that leave little leeway to violate the terms. In order to successfully implement and enforce PTA commitments, China has also gradually strengthened its regulatory state by investing in regulatory capacity and capability in the field of trade policy. We test the plausibility of our argument through an in-depth analysis of the PTAs signed by China since 2000 and find evidence that China's PTAs are indeed in part driven by a desire to lock in domestic economic reform, which has gone hand in hand with a strengthening of its regulatory state.     

What Limits for Government Control? Civil Liberties and Anti‐terror Measures after the Heathrow Bomb Plot

The threat posed by transnational terrorism has excited debate about how best to calibrate relations between government, the courts and parliament: how can the provision of internal security be facilitated, whilst respecting freedoms and ensuring that policies enjoy broad legitimacy? Attention has focussed primarily on the power of the courts. Sections of the government have mooted a curtailment of judicial competencies; by contrast, a broad range of actors calls for ‐ at the least ‐ the maintenance of current judicial powers as the best means to prevent government from exploiting its already large scope for manoeuvre, as well as to overcome public scepticism. Yet the current debate misses the point that relations between government, courts and parliament have already been altered. Government has gained extra political resources thanks to its participation in forms of international counterterrorist cooperation. This shift of power, and associated problems, were clear during the recent ‘Heathrow bomb plot’.     

Can decision transparency increase citizen trust in regulatory agencies? Evidence from a representative survey experiment

Decision transparency is often proposed as a way to maintain or even increase citizen trust, yet this assumption is still untested in the context of regulatory agencies. We test the effect of transparency of a typical decision tradeoff in regulatory enforcement: granting forbearance or imposing a sanction. We employed a representative survey experiment (n = 1,546) in which we test the effect of transparency in general (providing information about a decision or not) and the effect of specific types of transparency (process or rationale transparency). We do this for agencies supervising financial markets, education, and health care. We find that overall decision transparency significantly increases citizen trust in only two of the three agencies. Rationale transparency has a more pronounced positive effect only for the Education Inspectorate. We conclude that the overall effect of decision transparency is positive but that the nature of the regulatory domain may weaken or strengthen this effect.     

From International Relations to Global Governance Theory: Conceptualizing NGOs after the Rio Breakthrough of 1992

Abstract

This essay systematizes the ontology of non-governmental organizations (NGOs) and the processes of their inclusion in world politics. It tracks conceptualizations of NGOs, their integration into IR theory, and the resultant move toward global governance (GG) theory. First, I provide an interdisciplinary ontological evolution of NGOs in international relations (IR): as international interest groups, then transnational social movement organizations, then transnational advocacy networks, and most recently as global civil society. All stress different features of NGO activism, but none have successfully replaced the term ‘NGO.’ Second, this new ontology requires a new process for participation in world politics—GG. GG theory expands on IR theory to include NGOs in multi-actor, issue-driven relationships.