WTO Government Procurement Rules and the Local Dynamics of Procurement Policies: A Malaysian Case Study

This article examines efforts to create binding internationalrules regulating public procurement and considers, in particular,the failure to reach a WTO agreement on transparency in governmentprocurement. The particular focus of the discussion is the approachtaken by Malaysia to these international procurement rules andto the negotiation of an agreement on transparency. Rules governingpublic procurement directly implicate fundamental arrangementsof authority amongst and between different parts of government,its citizens and non-citizens. At the same time, the rules touchupon areas that are particularly sensitive for some developingcountries. Many governments use preferences in public procurementto accomplish important redistributive and developmental goals.Malaysia has long used significant preferences in public procurementto further sensitive developmental policies targeted at improvingthe economic strength of native Malays. Malaysia also has politicaland legal arrangements substantially at odds with fundamentalelements of proposed global public procurement rules. Malaysiahas, therefore, been forceful in resisting being bound by internationalpublic procurement rules, and has played an important role indefeating the proposed agreement on transparency. We suggestthat our case study has implications beyond procurement. Thedevelopment of international public procurement rules appearsto be guided by many of the same values that guide the broadereffort to create a global administrative law. This case study,therefore, has implications for the broader exploration of theseefforts to develop a global administrative law, in particularthe relationship between such efforts and the interests of developingcountries.     

Asian multilateral institutions and their response to the Asian economic crisis: the regional and global implications

Asian multilateralism has been a relatively recent development. It differs from that elsewhere and reflects the history and characteristics of the region. It has been important in the growth of regional cooperation, in developing common regional interests and in the development and adherence to norms. These characteristics contributed in responding in a constructive, if limited, way to the Asian economic crisis. Nevertheless, the crisis has revealed the weaknesses of existing regional multilateral institutions and those weaknesses are often seen as raising doubts about whether those institutions can be effective in the future without major reform. Yet, although the response of the regional institutions was clearly inadequate, the region's response overall was far from negligible. Efforts to ensure regional coherence in the future by way of ASEAN, APEC and ASEAN+3 in particular are already being made to ensure greater stability in the financial sector. The region also wants to overcome its under representation in the global arena, but increased global participation, while positive, will remain supplementary to the global institutions, notably the IMF. Greater global involvement would provide, however, a more appropriate balance between regional and global contributions to future crises, since they will need to be better tailored to regional conditions and therefore depend on greater regional involvement from the start.     

Anarchs and Social Guys

This contribution addresses the question raised by Robin Fox concerning our tribal ancestry and its relevance to modernity and civilization. The discussion centers first on the concept of communitas with the suggestion that it be defined as referring to two different states, the psychological communitas and the sociological communitas. Groups or communities organized along the lines of a sociological communitas are then examined cursorily and their properties are outlined. Numerous tribal groups of that sort have been documented and have been shown to lack the traits of what is called a social organization. The observation of their non-social organization is arguably a fact of major significance in the social sciences, one that has not been clearly highlighted so far. The hypothesis presented in this paper is that such organizations that are anarchic and complex have to be epistemologically dissociated from organizations that are social. Anarchs and social guys thus point to two different ancestries in the genealogy of humankind.     

Narratives and Symbols in Violent Mobilization: The Palestinian-Israeli Case

According to symbolic politics theory, group fears and narratives of group identity that justify hostility are key causes of violent ethno-national conflict. In the Palestinian-Israeli conflict, widely accepted narratives on each side define group identity and group relations in ways that generate incompatible demands on Jerusalem, territory, refugees, security, and other issues. Historical memories of the Holocaust, the Nakba, and other tragedies generate fears of extinction on both sides, and stereotypes encourage beliefs on each side that the other responds only to force. These narratives enable hard-line leaders on both sides to manipulate emotive symbols to block compromise and escalate conflict. Thus the cause of both the failure of Palestinian-Israeli negotiations in 2000-01 and the simultaneous outbreak of the latest Palestinian-Israeli war lies in the irreconcilable demands that are rooted in each side's competing narratives of national identity.     

The Two Halves of Sports-Diplomacy

ABSTRACT

What strategies does the United States pursue when it no longer perceives overt military intervention as politically viable or desirable but the problems or issues for which it was formerly undertaken remain? This analysis identifies three such periods in American foreign policy since the United States became a World Power and draws from the work of Peter Hall to develop a typology of strategies according to the magnitude of policy change. These range from adjustment in the settings of interventionism – persistence; the substitution of alternative instruments of foreign policy – ameliorism; and the principled rejection of interventionism in conjunction with a more systematic critique of prevailing foreign policy assumptions – transformationalism. Yet each approach is beset by certain structural limits and contradictions arising from the domestic politics and constitutional-institutional system of the United States that are important in understandiing and appreciating more fully the challenges – and opportunities – of the period ‘after interventionism’.     

Toward 2000 in policy analysis

Looking back over the 20th century and especially over the past 40 years from 1950 to 1990, one can observe various trends in public policy substance and the study of public policy.     

Bank Charges and the Core Exemption: Office of Fair Trading v Abbey National Plc

Consideration is given to the treatment of the core exemption in Regulation 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999 in Office of Fair Trading v Abbey National Bank. Certain aspects of the approach taken to the general limitation of the exemption to terms in plain intelligible language are looked at, before the scope of Regulation 6(2)(b) itself is addressed.