Strategic voting and effective representation thresholds: Evidence from three Spanish general elections

The extent of strategic voting in the Spanish general elections of 2000, 2004 and 2008 is estimated using a new measure of strategic incentives suitable for proportional representation systems that avoids some of the problems associated with lagged variables. Strategic behaviour increased from 12 to 33 per cent of the electoral base of the United Left Party, the major victim of strategic defection. This estimate is a conservative one as elite mobilisation is controlled for in the constituencies, which is unusual in the literature on strategic voting that uses regression‐based methods.     

Choice of law and the home-court advantage: evidence

This paper tests three separate hypotheses about inherent biasesin the application of modern choice of law rules: (1) Brilmayer's1980 hypothesis that such rules camouflage 'pro-resident, pro-forum-law,pro-recovery' biases, (2) Borchers's 1992 hypothesis that courtsdo not consistently apply the principles of the choice of lawrule they claim to be applying, and (3) an economic hypothesis,presented in the paper, that only a 'pro-forum-law' bias isunambiguously consistent with economic efficiency, simply becauseit conserves the resources of the court and bar in the forumstate. I find relatively strong support for the 'pro-recovery'bias of courts, weaker support for 'pro-forum-law' bias, andreject the 'pro-resident' bias. If anything, states retainingthe rigid choice of law rules are more likely to favor theirresidents. Moreover, I reject Borchers's claim that courts donot take the modern approaches seriously. Indeed, in general,they follow Borchers's own predictions.     

Domestic Contestation and Presidential Prerogative in Colombian Foreign Policy

The study of Colombian foreign policy emphasises external constraints and presidential prerogative in foreign policymaking. Drawing on insights from recent foreign policy analysis literature and evidence from several cases (Plan Colombia, US military bases, free trade talks with China, and ICJ arbitration of a maritime border with Nicaragua), this article challenges commonplace presidentialist assumptions. A novel model of ‘contested presidentialism’ better captures how Colombian domestic actors mobilise to raise political costs to block or modify presidential preferences. When the opposition fails to raise costs, presidentialist assumptions apply. Otherwise, presidents respond strategically by abandoning policies or substituting second-best alternatives.     

Traditional Excluding Forces: A Review of the Quantitative Literature on the Economic Situation of Indigenous Peoples,Afro‐descendants,and People Living with Disability

Unequal income distribution in Latin America and the Caribbean is linked to unequal distributions of human and physical assets and differential access to markets and services. These circumstances, and the accompanying social tensions, need to be understood in terms of traditional fragmenting forces; the sectors of the population that experience unfavorable outcomes are also recognized by characteristics such as ethnicity, race, gender, and physical disability. In addition to reviewing the general literature on social exclusion, this article surveys several more specific topics: relative deprivation (in land and housing, physical infrastructure, health and income); labor market issues, including access to labor markets in general, as well as informality, segregation, and discrimination; the transaction points of political representation, social protection, and violence; and areas in which analysis remains weak and avenues for further research in the region.     

Good Climate Governance: Only a Fragmented System of International Law Away?

Fragmentation is the hallmark of international environmental law—it is both the key to its success and the pathway to its unraveling. Recognizing that law is an essential component of systems of supranational climate governance, addressing gaps between international legal systems is fundamentally important to the legitimacy of international law and to on‐going attempts to use international law as a central component in efforts to address climate change. This article analyzes developments in international environmental law with a view towards suggesting how efforts to develop an international climate change legal regime—and a broader system of global climate governance—highlight the pressing need to look more closely at the linkages between climate change and other areas of international law and to begin thinking about ways to minimize gaps and maximize cooperation among international environmental institutions and between international environmental law and other spheres of international law.