Controlling immigration? How regulations affect migration flows

The aim of this article is to investigate whether or not and how immigration policies affect immigration flows. Such policy impacts have hardly been investigated so far as the necessary data is lacking. For the first time, two new datasets are combined to systematically measure immigration policies and bilateral migration flows for 33 Organisation for Economic Cooperation and Development (OECD) destination countries from over 170 countries of origin over the period 1982–2010. The study finds that immigration policies have an important effect on immigration flows and thus that states are able to control their borders. To some extent the control capacities depend on other factors in attracting or deterring immigrants. The article shows that the deterrence effect of restrictive immigration policies increases when unemployment rates are high. It appears that, in these contexts, states start to care more about effectively protecting their national economy. Moreover, policies are more effective for migrant groups from former colonies or when the stock of this group is already high in a destination country. In these circumstances, information on border regulations are more easily disseminated, which in turn makes them more effective.     

Corruption and Anti-Money-Laundering Systems: Putting a Luxury Good to Work

Systems of laws, regulations, and institutions developed to counter money laundering provide powerful tools for fighting corruption. Currently, however, the potential benefits anti‐money‐laundering (AML) systems can provide in fighting corruption go largely unrealized, especially in developing countries. This mismatch poses a puzzle: Why are developing countries failing to best capitalize on their expensive AML systems by using them to fight corruption? The article is built on three core claims. The first claim is that it is logical to use AML systems for anti‐corruption purposes because of a pronounced overlap in the standards required for each and the rising costs of the former. The second section demonstrates specifically how AML systems could significantly augment anti‐corruption efforts, focusing on the importance of financial intelligence, asset confiscation, and international cooperation. Finally, although powerful outsiders have successfully diffused AML systems among developing countries, a lack of “ownership” in the latter explains why these systems are often established only as tokens to enhance international legitimacy and reputations.     

Law in South Africa and the Legitimacy Crisis

South Africa is presently confronting the possibility of a fundamental change in its political structure. In this context it is useful to consider the special character of the South African legal system and its role in the on-going legitimacy crisis in that country. This article attempts to delineate some of the principal dimensions of law and the types of legitimation issues in South Africa. It suggests that students of law and criminal justice have much to learn from the study of the South African case.     

LAW ENFORCEMENT AND THE RULE OF LAW: IS THERE A TRADEOFF?

This essay assesses whether a strong evidence‐based argument can be made to support the proposition that when police violate the rule‐of‐law they do more harm than good with respect to their collective, as well as personal, interests. The assessment is undertaken to counter the common presumption among police officers that circumstances often justify cutting legal corners in the interests of public safety. The essay first examines what research shows about the facilitators of police law breaking. It then examines seven reasons why violating the rule‐of‐law works against the instrumental interests of the police themselves. After assessing the strength of the evidence against the instrumental benefit of violating the rule‐of‐law, suggestions are made about research that is needed to make the case more compelling. In conclusion, the essay discusses how empirical knowledge might be most productively used to change the culture of contemporary policing.