Domestic judicial defiance and the authority of international legal regimes

Tensions and occasional overt defiance of international courts suggest that compliance with international regimes is not a self-evident choice for domestic judges. I develop a formal theory of domestic judicial defiance in which domestic and supranational judges vie for jurisprudential authority in a non-hierarchical setting. The model emphasises the role of domestic non-compliance costs and power asymmetries in determining the conduct of domestic and international judges. I argue that the EU represents a special case of a particularly effective international regime. Weak domestic courts have little to gain from an escalated conflict with the European court of Justice. But even domestic judicial superpowers like the German Federal Constitutional Court have strong incentives to seek mutual accommodation with European judges. The analysis also yields new insights into concepts, such as “judicial dialogue” and “constitutional pluralism” that have featured prominently in the legal literature, and suggests new hypotheses for empirical research.     

Research on African Women since 1972: A Commentary

This article discusses several problematic aspects of the call for reparations to Africa for the slave trade. The call for reparations is based on questionable interpretations of international law, and questionable interpretations of history. There are debates regarding both the numbers of slaves, and the characteristics of slavery, in the Americas, the Arab world, and Africa itself, which influence consideration of whether reparations are justified. There are also debates regarding both the contribution of the trans-Atlantic slave trade to Western development, and how the trade under-developed Africa. Thus, the call for reparations is heavily based on a counterfactual approach. Nevertheless, serious discussion of whether the West owes reparations to Africa for the slave trade might deflect the future consequences of political resentment of the West in Africa.     

Predicting motor vehicle crash involvement from a personality measure and a driving knowledge test

Typically, safety‐related driver education programs are aimed at changing knowledge of vehicle operation rules and regulations. However, vehicle crashes are as likely to be related to driver personality variables as they are to the knowledge of vehicle operation and rules and regulations. In a study with 48 licensed drivers, crashes were found to be significantly correlated with conscientiousness, a five‐factor model personality dimension, but not with scores on a driving knowledge test. It would appear that prevention efforts should also be directed at changing conscientiousness‐related behaviors, including an emphasis on goal‐setting, and following rules and regulations.     

The German Federal Constitutional Court and European Judicial Politics

With its decision on the ratification of the Lisbon Treaty, the German Federal Constitutional Court (FCC) has handed over another landmark ruling on European integration. The ruling made Germany's ratification of the Treaty conditional upon the passage of a new law giving the Bundestag greater oversight of European affairs. This and the consequences of stronger parliamentary oversight for the German government and the way it conducts negotiations at European level have been the focus of most early comments on the decision. No less important, however, are the ruling's potential repercussions on European judicial politics. Coming after a series of highly controversial judgments by the European Court of Justice, the FCC's Lisbon decision is clearly meant as a warning to Brussels and, above all, Luxembourg. The decision could undermine the Court of Justice's authority and encourage non-compliance on the part of national courts, thus bringing about a constitutional crisis at European level. Alternatively, the decision may compel the Court of Justice to reconsider some of the most controversial aspects of its activist jurisprudence and to exert more restraint in the foreseeable future.     

DIFFERING OPINIONS DO NOT SPOIL FRIENDSHIPS: MANAGING PUBLIC–PRIVATE PARTNERSHIP (PPP) INFRASTRUCTURE PROJECTS IN JORDAN

This research investigates the approaches, strategies and challenges facing the management of the implementation phase of public–private partnership (PPP) projects in Jordan. Jordan is a newer but common user of PPPs in the Middle Eastern region, where PPPs not only are of economic strategic importance but also entail significant investment risk given resource scarcity. This research involves semi‐structured interviews with senior managers representing different partnering organisations in two case study organisations in Jordan. The research finds that, despite the management difficulties confronting PPP managers, strategies adopted by them limit the impact of these challenges. The research makes an important theoretical contribution in providing a detailed analysis of effective PPP management approaches in response to difficulties at the implementation phase, which had not been systematically explored in extant PPP research, and broadens PPP research to the Jordanian context. Moreover, the research contributes greater understanding of how partnerships should be effectively managed. Copyright © 2013 John Wiley & Sons, Ltd.     

Electoral Violence in Africa Revisited

This article addresses the still unsettled question of the incidence of violent election periods in Africa. It uses two new datasets, which report episodes of social conflict in the region for 1990–2011, and elections worldwide from 1960 to 2010. When combined, these data suggest that onsets of electoral violence peak around major election days in Africa as a whole, but with wide national variability in the volume of new episodes. Depending on the time span and type of social conflict, from one-quarter to three-quarters of the elections for national leadership have been without incident. The article also investigates the timing of electoral violence and the extent to which there is an experience curve effect, whereby subsequent elections have fewer onsets of social conflict. The data indicate that two-thirds to three-quarters of elections are free of onsets of social conflict, but that the proportion does not change much with experience. Overall, there appear to be reasonable grounds for optimism about peaceful elections in many African countries.     

Glasgow: Anatomy of a fiscal crisis

Ostensibly, the reorganisation of Scottish local government in 1996 was intended to create a more local, more efficient and more accountable system of local government. However, simultaneously, through grant abatement, the government intensified its fiscal squeeze on local government, seeking in real terms reductions in local authority expenditure. Contrary to assurances from ministers, both developments occasioned disruption for local authorities, with Glasgow in particular experiencing a severe period of fiscal stress. This paper outlines a research framework for identifying potential causal factors behind the acute nature of Glasgow's fiscal crisis, whilst considering the budgetary constraints within which Scottish (and indeed British) local authorities must operate. Finally, it focuses on the impact and resolution of the crisis and highlights the crucial role that the decisions of central government have played in shaping the response of one major local authority.