A case of failed interregionalism? Analyzing the EU-ASEAN free trade agreement negotiations

In 2007, the European Union (EU) and the Association of the Southeast Asian Nations (ASEAN) started interregional negotiations on a free trade agreement, which failed 2 years later. Relying on document analysis and elite interviews with officials from the EU and ASEAN’s members, this article addresses why and the extent to which the interregional negotiations failed. By rooting the theoretical model in a power-based approach, the analysis demonstrates that the EU has attempted to secure its economic and regulatory power in Southeast Asia. In striving for such power, interregionalism was initially the intuitive way because the EU perceived ASEAN as a cohesive bloc. However, the EU’s ambitious vision for comprehensive agreements clashed with the actual heterogeneity of ASEAN member states. The failure of the interregional approach is, thus, a result of the EU’s delicate balance between political and economic interests in Southeast Asia, which it pursues with trade-specific issues.     

Making the second step before the first: Assessing organized crime

The debate on organized crime has shifted from the question of “myth or reality?” to efforts to come to an assessment of the nature and extent of organized crime. This paper discusses the possibilities and limits of such an endeavor in the case of Germany. A meaningful assessment requires linking the concept of organized crime to clearly defined empirical referents, having a thorough understanding of their dynamics and interrelations, and obtaining valid and reliable data. It is argued that these requirements cannot be met given the present paucity in theory and data. From the available aggregate data contained in the official crime statistics and annual situation reports on organized crime drawn up by the federal police agency BKA no overall trends are discernible. Where trends are identifiable, they mostly pertain not to patterns of criminal cooperation but to contextual factors. In contrast, the analysis of individual cases may serve to shed some light on the situation of organized crime, provided they are put in perspective with a differentiated conceptualization. A four-fold typology of criminal networks based on differences in the social embeddedness of criminal actors suggests that the seriousness of the problem may depend on the likelihood of the manipulation of relevant decision-making processes. Germany is not characterized by alliances between underworld and upperworld, but the existence of criminal networks within the upperworld gives grounds for concern.     

Regulatory capabilities: A normative framework for assessing the distributional effects of regulation

This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of enabling conditions for regulatory self‐determination. This is particularly important in the transnational context where private, hybrid public–private, and public actors compete for influence, shape domestic regulation, and, in doing so, limit the scope for democratic self‐governance. In short, this paper seeks to contribute to the general debate on the normative foundations of and the requisite conditions for transnational regulation and governance.     

Modeling local growth control decisions in a multi-city case: Do spatial interactions and lobbying efforts matter?

Our article analyzes the determinants of local growth control decisions, which are modeled as the result of a political struggle between different groups of voters and organized lobbies. We show that under specific hypotheses, a higher homeownership rate can induce lower levels of controls. Considering residential choices as endogenous to growth control policies, the local decisions to control growth become strategically interdependent. Assuming imperfect mobility, we show that a spatial econometric specification can be directly derived from our theoretical model. Our empirical analysis concerning the determinants of the “taxe locale d’équipement”, a French local development tax, is thus naturally based on spatial econometrics. Its results confirm the major predictions of our model.     

The evolution of judge-made law

The Law must be applied in all cases which come within the letter or the spirit of any of its provisionsWhere no provision is applicable, the judge shall decide according to the existing Customary Law and, in default thereof, according to the rules which he would lay down if he had himself to act as legislator.Herein he must be guided by approved legal science and case-law¹