Do Minority Cabinets Govern More Flexibly and Inclusively? Evidence from Germany

A widespread view in political science is that minority cabinets govern more flexibly and inclusively, more in line with a median-oriented and 'consensual' vision of democracy. Yet there is only little empirical evidence for it. We study legislative coalition-building in the German state of North-Rhine-Westphalia, which was ruled by a minority government between 2010 and 2012. We compare the inclusiveness of legislative coalitions under minority and majority cabinets, based on 1028 laws passed in the 1985–2017 period, and analyze in detail the flexibility of legislative coalition formation under the minority government. Both quantitative analyses are complemented with brief case studies of specific legislation. We find, first, that the minority cabinet did not rule more inclusively. Second, the minority cabinet’s legislative flexibility was fairly limited; to the extent that it existed, it follows a pattern that cannot be explained on the basis of the standard spatial model with policy-seeking parties.     

What Drives Intermediate Local Governments’ Spending Efficiency: The Case of French Départements

The restructuring of the allocation of governmental competencies in France has increased the importance of subnational governments by transferring additional tasks. We analyse the efficiency of public spending on the intermediate government level for the 96 départements in metropolitan France in 2008. Spending efficiency is measured using Data Envelopment Analysis. Results indicate significant room for improvement and we detect an average spending inefficiency of 12%. To explain efficiency, a bootstrapped truncated regression is applied. The second-stage regression shows that efficiency is also determined by exogenous factors and identifies the distance to the national capital, inhabitants’ income and the share of inhabitants older than 65 as significant determinants of efficiency.     

Viewpoint: Chinese Anti-Satellite Weapons: New Power Geometry and New Legal Policy

China entered the field of space weapons with the successful anti-satellite test on 11 January 2007. National policies of spacefaring states commit to the principle of peaceful uses of outer space as enshrined in the Outer Space Treaty, but there is no detailed internationally binding regulation on anti-satellite weapons. Since 1981, the United Nations General Assembly passed annual resolutions on the Prevention of an Arms Race in Outer Space. These resolutions call for negotiations in the Conference of Disarmament for establishing an internationally binding instrument about space weapons. However, the Conference of Disarmament is deadlocked. China's weapons test has changed the power geometry. This paper examines the policy impact of the Chinese test, especially on the United States.     

The Optional European Code on the Basis of the Acquis Communautaire—Starting Point and Trends

Abstract:  The idea of creating a European Code for contract law, though recent, has gathered pace. Although most work towards this goal has so far assumed that the principles should be constructed through critical comparative law studies of the existing contract laws of Member States, it is argued here that the acquis communautaire provides a modern and democratically endorsed collection of principles, which can be quite well systematised, that should provide the starting-point for scholarly endeavours towards the construction of a code of contract law.     

Der Umweltbericht in der Strategischen Umweltprüfung nach dem neuen UVPG

Das neue Gesetz über die Umweltvertr?glichkeitsprüfung (UVPG) setzt die Anforderungen der Richtlinie über die Umweltprüfung von Pl?nen oder Programmen (Plan-UP-RL) mit etwa einem Jahr Versp?tung in bundesdeutsches Recht um. Für die Strategische Umweltprüfung (SUP) besteht damit nun zumindest auf Bundesebene ein einheitlicher gesetzlicher Rahmen. Die Inhalte der Strategischen Umweltprüfung sind in einem sog. Umweltbericht zu dokumentieren. Der Beitrag gibt einen überblick über die Anforderungen, die an einen solchen Umweltbericht vor dem Hintergrund des neuen § 14g UVPG zu stellen sind.     

Proportionality and balancing in WTO law: a comparative perspective

This article discusses the concepts of proportionality, necessity and balancing in the World Trade Organization (WTO) legal framework. These concepts are increasingly important in the context of services and establishment regulated by the General Agreement on Trade in Services. The role and meaning of proportionality, necessity and balancing are not clear. The emerging WTO case law is analysed in this article, which adopts a comparative approach, drawing upon proportionality and balancing tests in different national and international legal orders. It discusses how these tests could influence the interpretation and application of WTO law. A main argument is that trade-offs among competing norms and values are unavoidable in WTO dispute settlement, and that the proportionality analysis could contribute to making this process more transparent, rational and predictable.     

The GATS and internet-based services: between market access and domestic regulation

The General Agreement on Trade in Services (GATS) has attracted much attention in public and academic debate. The aim of this article is to analyse the application of the GATS to internet-based services, thus providing a lens through which important issues concerning the GATS can be highlighted. This article reviews the far-reaching implications of the recent US—Gambling dispute for the regulation of (internet-based) services. It argues that World Trade Organization Members need to make a greater effort to delineate the key GATS obligations (market access, national treatment, and disciplines on domestic regulation) in order to provide national law- and policy-makers and trade negotiators with more legal certainty and predictability in the application of the GATS.