Investment Treaty Arbitration as a Species of Global Administrative Law

The article outlines a simple thesis: that international investmentarbitration – pursuant to regional and bilateral investmenttreaties – offers the clearest example of global administrativelaw, strictly construed, yet to have emerged. We present thisthesis by explicating four key features of investment treaties:they permit investor claims against the state without exhaustinglocal remedies; they allow claims for damages; they allow investorsto directly seek enforcement of awards before domestic courts;and they facilitate forum-shopping. Our argument is that, owingto this unique conjunction of features, the regulatory conductof states is, to an unusual extent, subject to control throughcompulsory international adjudication. Having highlighted thesefeatures, we then claim that investment arbitration is bestanalogized to domestic administrative law rather than to internationalcommercial arbitration, especially since investment arbitrationengages disputes arising from the exercise of public authorityby the state as opposed to private acts of the state. Further,we claim that the linkages between investment arbitration anddomestic legal systems are more direct and more closely integratedthan other forms of international adjudication in the publicsphere. For these reasons, we argue that the emerging regimeof investment arbitration is to be understood as constitutingan important and powerful manifestation of global administrativelaw.     

Birth spacing as a family strategy: evidence from 19th century Leuven, Belgium

This article investigates the hypothesis that 19th-century working class families in Leuven, Belgium, were controlling their fertility by means of birth spacing for household economic reasons. Detailed life-course data were collected in order to construct, on one hand, a set of covariates that represent the influences of natural fertility on birth intervals and, on the other, a number of family variables that represent the hypothetical, household economic motivation to space births. The findings strongly suggest that birth intervals were not merely a function of natural fertility differences and that family strategic spacing behavior also played a role.     

Reinstatement of Controls at the Internal Borders of Europe: Why and Against Whom?

Abstract: Each of the successive arrangements on abolition of controls at the internal borders in Europe provided for the possibility of temporary reinstatement of border controls. The actual use of this power may tell us about the functions of border controls. This article analyses on which occasions the governments of the Schengen states did actually use this power after 1995, and what is known about the effects of those temporary controls. It appears that the actual use varied considerably in time and between the Member States. In most cases the temporary controls aimed not at reducing illegal immigration or preventing serious crimes, but at the protection of meetings of political leaders. The individuals checked or stopped at the borders are predominantly union citizens, not third‐country nationals. It is contended that the controls at land borders are not considered as an effective instrument of crime or immigration control. They may have a highly symbolic function: showing the public that the state is protecting its citizens against undesired events.     

Evaluating Transformational Leaders: The Challenging Case of Eric Shinseki and the U.S. Department of Veterans Affairs

Evaluating less than fully successful transformational leaders is difficult. One common method of assessing leadership is to focus on a single temporal narrative. A second approach uses a particular theory, such as transformational leadership, to frame the analysis. The latter, less common strategy is used with the example of Eric Shinseki, who served as both chief of staff of the U.S. Army and as secretary of the U.S. Department of Veterans Affairs (VA). The analytic framework used here has six major elements that are specified by 22 factors. Using those factors to evaluate Shinseki's tenure at the VA, he is found to be very poor in only 2 factors but poor in 11, adequate in 6, good in 1, and excellent in only 2. While using a list of factors does not eliminate subjectivity or the challenges of reaching a single assessment, it does clarify the elements of judgment and weighting.     

The Effect of Associative Issue Ownership on Parties’ Presence in the News Media

Some studies suggest that challenger parties push new issues onto the agenda, especially when they ‘own’ these issues. Others claim that established parties largely determine how prominent issues appear on the agenda. This article contributes to this debate by focusing on an issue on which challenger parties have most ‘ownership’: immigration. Political claims on this issue made by political parties in newspapers in seven West European countries after three events that could potentially trigger attention to immigration were studied. Large and government parties appear most prominent in the news. However, findings show a significant, positive effect of associative issue ownership on claims-making in the news, while controlling for party size and government status. So, when challengers have issue ownership they appear as claim-makers on the issue. These results paint a balanced picture of the role that challenger and established parties have in setting the agenda.     

Explaining Explanations: How Legislators Explain their Policy Positions and How Citizens React

Legislators claim that how they explain their votes matters as much as or more than the roll calls themselves. However, few studies have systematically examined legislators’ explanations and citizen attitudes in response to these explanations. We theorize that legislators strategically tailor explanations to constituents in order to compensate for policy choices that are incongruent with constituent preferences, and to reinforce policy choices that are congruent. We conduct a within‐subjects field experiment using U.S. senators as subjects to test this hypothesis. We then conduct a between‐subjects survey experiment of ordinary people to see how they react to the explanatory strategies used by senators in the field experiment. We find that most senators tailor their explanations to their audiences, and that these tailored explanations are effective at currying support—especially among people who disagree with the legislators’ roll‐call positions.