Reclaiming Fundamental Principles of Criminal Law in the Darfur Case

According to the authors, the Report of the UN Commission ofInquiry on Darfur and the Security Council referral of the situationin Darfur to the International Criminal Court (ICC) bring tolight two serious deficiencies of the ICC Statute and, moregenerally, international criminal law: (i) the systematic ambiguitybetween collective responsibility (i.e. the responsibility ofthe whole state) and criminal liability of individuals, on whichcurrent international criminal law is grounded, and (ii) thefailure of the ICC Statute fully to comply with the principleof legality. The first deficiency is illustrated by highlightingthe notions of genocide and genocidal intent, as well as thatof joint criminal enterprise. The second is exposed by drawingattention to the uncertainties and ambiguities surrounding suchnotions as recklessness and dolus eventualis, and in additionto the frequent reliance in both international case law andthe legal literature on customary international law and looseconcepts such as proportionality. The authors finally pointout that if the ICC tries to operate as a real criminal courtunder the rule of law and shows sensitivity to the rights andinterests of the accused, US fears of politicized prosecutionwill diminish.     

Is small beautiful? Village level taxation of natural resources in Tanzania

This article examines collection of natural resources revenue by village governments in Tanzania as part of a decentralisation reform. An analysis of empirical data in the form of taxation records from 14 villages, which collect and retain revenues on natural resources utilisation suggests that decentralising revenue collection to the lowest local government tier may yield: (i) considerable increases in revenue collection; (ii) increased transparency in public finances through requirements that village governments document their incomes and expenditures to the villagers; and (iii) a financial surplus that is used to finance public services at the village level. The evidence presented in this article suggests that decentralising taxation to the lowest local government tier may be a viable approach to enhance revenue collection on the utilisation of relatively low value natural resources, and assure that a share of the collected revenue is used to finance public services. Copyright © 2007 John Wiley & Sons, Ltd.     

Max Weber,modernity and the project of international organization

In this essay I discuss programmatic proposals for international organization in the light of Max Weber's account of modernity. I argue that the authors known in international relations (IR) as ‘functionalists’ have pursued the extension of the modernization process that Weber analysed in national societies into the international sphere. Between 1900 and 1945, functionalists advocated a transformation of international politics, at that time still the domain of a lot of jingoism and aggression, into rational public administration. In the first part of the article I outline Weber's account of societal modernization with a focus on the sharp contrast between politics and bureaucratic administration. In the second section I engage with the writings of three political scientists who represent the early ‘functionalist’ tradition in IR: Paul Reinsch, James Arthur Salter and David Mitrany. I show how they planned to modernize IR by establishing a technocratic mode of governance and hence a Versachlichung der Gewaltherrschaft, that is, a depersonalization and rationalization of authority. The turn to international organizations in the early twentieth century thus can be seen in the context of the universal process of societal modernization as rationalization that Weber analysed.     

Ethnicity Coding Revisited: Right‐Wing Parties as Catalysts for Mobilization Against Immigrant Welfare Rights

Ethnicity coding means that threat‐based views of ethnic minority members spur opposition to specific welfare programmes. To advance knowledge of the influence of political parties on ethnicity coding, we apply a dynamic approach. Longitudinal analyses show that: a) because right‐wing political parties persistently frame state pensions as benefitting native majority members, a perceived ethnic threat increases support for this welfare scheme, and b) a perceived ethnic threat reduces support for social assistance when right‐wing political parties frame it as favouring immigrants. Extending these findings, we show that opposition to immigrant welfare rights prompts electoral realignment, as left‐wing voters increasingly switch to right‐wing parties. More generally, political parties are capable of stimulating opposition to parts of the welfare state, including electoral mobilization against immigrant welfare rights. We utilize unusually rich mass‐level survey data from Denmark, covering a 25‐year period (1990?2015). The broader implications of our findings for theories of ethnicity coding, political elite persuasion, and welfare state development are discussed in the conclusion.     

How politicians see their relationship with top bureaucrats: Revisiting classical images

The relationship between politicians and bureaucrats is an enduring concern in political science. Central to this debate, Aberbach, Putnam, and Rockman (APR) in 1981 developed four images to characterize political-bureaucratic relations. We argue that the one-dimensional focus on roles in their images comes with important limitations. To deal with these limitations, we collect survey responses from 3,384 local politicians from four countries on seven dimensions of the political-bureaucratic relationship. We then use cluster analysis to develop six images bottom-up. Five of our images are largely consistent with APR's image II and III. Yet, they differ in the extent to which politicians trust the bureaucracy, consider them loyal, and see them as an important source of information. A sixth image is not consistent with any of APR's images. We find that both systemic (country, municipality size) and individual factors (ideology, position, seniority) contribute to differences in images. Overall, our images suggest that political-bureaucratic relations vary more between and within political systems than suggested by APR's images.     

Three Conceptual Problems with the Doctrine of Joint Criminal Enterprise

This article dissects the Tadi court's argument for findingthe doctrine of joint criminal enterprise in the ICTY Statute.The key arguments are identified and each are found to be eitherproblematic or insufficient to deduce the doctrine from thestatute: the object and purpose of the statute to punish majorwar criminals, the inherently collective nature of war crimesand genocide and the conviction of war criminals for joint enterprisesin World War II cases. The author criticizes this over-relianceon international case law and the insufficient attention tothe language of criminal statutes when interpreting conspiracydoctrines. The result of these mistakes is a doctrine of jointcriminal enterprise that fails to offer a sufficiently nuancedtreatment of intentionality, foreseeability and culpability.Specifically, the doctrine in its current form suffers fromthree conceptual deficiencies: (1) the mistaken attributionof criminal liability for contributors who do not intend tofurther the criminal purpose of the enterprise, (2) the impositionof criminal liability for the foreseeable acts of one's co-conspiratorsand (3) the mistaken claim that all members of a joint enterpriseare equally culpable for the actions of its members. The authorconcludes by briefly suggesting amendments to the Rome Statuteto rectify these deficiencies.     

China's corporate credit reporting system: A comparison with the United States and Germany

Corporate credit reporting (CCR), which aims at increasing trust in corporates, constitutes an intriguing, yet understudied set of regulatory institutions as it is both a regulatory object and subject at the same time. Differences in national CCR systems pose challenges for multinational companies and have increasingly become a subject of international conflicts on regulatory standards. In this context, the case of China deserves special attention since the country pursues both institutional divergence and convergence with international examples. Hence, the characterization of China's regulatory regime remains difficult. By comparing the institutional context of CCR in China to those in the United States and Germany, this paper sheds light on a specific aspect of China's complex regulatory regime. At the same time, it provides insights into the Chinese manifestation of CCR, which are important for the international business community.