Anti-money laundering by international institutions: a preliminary assessment

This paper presents an evaluation of the Anti-Money Laundering and Combating Financing of Terrorism (AML/CFT) program. It briefly discusses why this can be seen as the birth of a “regime for financial integrity”. We find that some areas of the AML/CFT framework are consistently weaker than others in the area of prevention measures. Specifically, we have two findings: the first, positive one, points to a substantial adequacy of the repressive measures; the second, negative one, points to a substantial failure of countries to adopt adequate preventive measures, and calls for renewed efforts to improve implementation of preventive measures across the board, with specific regard to the activity of financial sector regulatory and supervisory authorities. Also, Eurozone countries outperform all other groups in the sample. Finally, the limited availability of country information and the multiplicity of assessors and methodologies make it difficult to evaluate the performance of the program. Therefore, we suggest greater transparency and availability of detailed countries’ information, and follow up assessments of the weak areas of a country’s AML/CFT framework at higher frequency than the established 5 years.

Interplay management: enhancing environmental policy integration among international institutions

This article investigates how and to what extent the current management of inter-institutional relationships within International Environmental Governance (‘interplay management’) contributes to Environmental Policy Integration (EPI), and identifies options for enhancing EPI among international institutions. To this end, it first develops a framework for the systematic analysis and assessment of interplay management as a means for achieving ‘strong’ EPI, distinguishing four levels and two principal modes of management. On this basis, the article assesses the current contribution of International Environmental Governance to advancing EPI as regards three categories of institutional interaction. The analysis demonstrates the need to fit interplay management to the particular governance conditions of varying interaction situations and highlights the lack of systematic and consistent support for EPI among international institutions. Options to improve this situation include in particular promoting inter-institutional learning and assistance for the benefit of environmental institutions as well as ensuring consideration of and respect for environmental requirements. Adapting the statutes and mandates of individual institutions and developing suitable guidance under general international (environmental) law have the highest potential for implementing these options. In contrast, joint management initiatives and a strengthened international environmental organisation have a much more limited, supplementary potential.     

The interaction of international institutions from a social network perspective

The literature increasingly acknowledges that international institutions do not exist in isolation, but regularly interact with each other. This interplay might induce influence, affecting institutions’ development and performance. The following research adds to this debate by systematically analyzing the quantitative evidence on how institutional interaction drives institutional design from a network perspective. Using dyadic cross-sectional data on international environmental agreements in 1952–2000, the authors find support for their theoretical argument that regimes’ similarity in design as captured by their degree of legalization strongly depends on institutions’ interaction. However, while “soft law” disseminates between regimes that are well connected through direct or indirect links, this does not apply to “hard law.” The authors explain this divergence with states’ concerns about binding-law commitments and sovereignty costs associated with the latter. This research may have important implications for studies of international institutions and of network analysis in general.     

Military spending,liberal institutions and state compliance with international environmental agreements

The current paper examines the dynamics of state security behavior and international environmental protection. In particular, the study provides a liberal institutional approach in identifying a “guns and butter” relationship between military spending and state participation with international environmental agreements. This cross-national study employs both bivariate and multivariate regression models to analyze the relationship between military expenditures and state participation with international environmental agreements, particularly examining the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The empirics of the study suggest that states with higher military expenditures as a percent of GDP are less likely to comply with international environmental agreements. Theoretical and empirical implications are presented in the conclusion section.     

Facilitating corruption and human rights violations: the role of international financial institutions

The connection between corruption and the suppression of human rights has been recognized by scholars of human rights, state and state-corporate crime, non-governmental organizations, the United Nations as well as various governments. Scrutiny of governmental and/or regime corruption has been a primary focus, in relation to barriers and/or violations of human rights. Additionally, multinational companies’ complicity in corruptive policies and practices has raised concerns, in particular in the arms and natural resources sector. Glaringly absent, however, within the criminological literature are discussions of, and research on, the role of international financial institutions (IFIs) in relation to high levels of state corruption, save for the relatively little criminological research that has explored how cooperative endeavors between international financial institutions, transnational corporations, and states often result in demonstrably harmful activities as a result of structural adjustment policies. As such, it seems appropriate to consider how certain components and/or policies of IFIs facilitate rather than constrain corruptive practices by regimes, militias, paramilitaries, and transnational corporations. Such an exercise is not only important for its etiological contributions, but also to draw criminological attention to this phenomenon and because these organizations have stated a commitment to reducing state level corruption. I hope to extend the focus and insights of criminological analysis of crimes of globalization herein.     

机关诉讼研究

行政权限是国家行政体制内的权力分工,在现实生活中,行政机关之间会在权限方面发生争议,权限争议可以通过不同的方式来加以解决。我国需要引进机关诉讼这一权限争议的解决方式,以加强行政法治化建设,促进依法治国。     

对当前医疗机构民事法律地位的困惑

从以往及新近出台的有关医疗、卫生的法律、法规中可以看出 ,它们都直接或间接地对医患关系予以了确定 ,为目前处理医疗事故争议的法律适用及争议解决的法律途径构筑了基本框架 ,即医患关系是民事法律关系 (本文医患关系的“医”均指医疗机构 )。然而 ,笔者在结合当前医疗机构的现状分析其法律地位时 ,产生了许多不解和困惑 ,即理论与现实的矛盾。笔者试从以下与医疗机构法律地位相关的几个方面作一探讨 ,以求教于学界同仁。一、医疗机构的分类与法人的民事行为我国卫生行政部门将医疗机构分为营利性与非营利性两大类。从管理角度出发 ,笔者…     

The Medicare approach: political choice and American institutions

The most significant health reform in American history was the passage of Medicare in 1965, but this was an accomplishment born of defeat. Medicare was designed and understood by its early promoters as an approach to health reform, not simply as a discrete program for a distinct target population. Although Medicare incrementalism has tended to be shunted aside when the opportunities for health reform are most promising, the final years of the Johnson administration reveal previously underappreciated efforts to expand Medicare eligibility to large new population groups and offer insights into the continuing potential of Medicare incrementalism in our own time.