Corruption and the crisis of the post-communist state

Corruption, or at least its reporting, appears to be increasing everywhere. But there is still too little comparative analysis of its nature and role in post-communist systems. This is understandable, given their newness. But it is now possible and desirable to compare corruption in such systems with corruption elsewhere. This article makes some initial comparative observations, and argues that the significance of post-communist corruption reaches far beyond the post-communist countries themselves. These states are compared briefly with other kinds of transitional states, and found to be different in a number of important ways. Finally, the author asks whether or not the apparent growth of corruption is leading to a seventh version of the crisis of the state. This revised version was published online in July 2006 with corrections to the Cover Date.     

Conflict in Trade Policy: The Role of the Congress and the Provinces in Negotiating and Implementing the Canada-U.S. Free Trade Agreement

The provincial role in trade policy has until recently beenlimited, but the increasing impact of international trade negotiationson domestic policy issues has come into direct conflict withprovincial jurisdiction. At the same time, Congress has handedsome of its constitutional authority over trade matters to theexecutive branch through the granting of "fast track" negotiatingauthority. The paper argues that, as a result of these developments,the functional roles that Congress and the provinces playedin the negotiation of the FTA were not significantly differentin the two countries. However, in the implementation of thetrade agreement, roles again became clearly defined by constitutionaljurisdiction.     

Good guys, bad guys: transnational corporations, rational choice theory and power crime

While its scope and scale can be exaggerated, the power transnational corporations (TNCs) exert in the contemporary world is considerable. This is often at the expense of states, or at least is exercised in a way that can undermine states. Some interactions between corporations and states or their officers constitute prime examples of power crime. A blatant form is where corporations either offer or else agree to pay bribes to state officials in order to secure a major contract. This capacity to corrupt state officials via large scale bribes gives corporations significant potential power. This article begins by citing allegations of active corruption of state officials by TNCs, as well as counter-examples (i.e. where TNCs have taken a stand against rent-seeking officials). It then argues that active corruption by corporations constitutes a major dimension of power crime, and seeks to explain apparently contradictory behaviours by TNCs, relating these to rational choice theories and neo-liberalism. It is argued that recent changes in corporate governance and behaviour have made rational-choice models and simplistic neo-liberalism either questionable or redundant. Bu at the same time, globalisation and its stable mate neo-liberalism encourage improper behaviour–various forms of power crime-by corporations.     

"We Have A Consensus": Explaining Political Support for Market Reforms in Latin America

By the 1990s, to the astonishment of many ob0servers, most Latin American countries had reformed their systems of national economic governance along market lines. Many analysts of this shift have assumed that it circumvented normal political processes, presuming that such reforms could not be popular. Explanations emphasizing economic crisis, external assistance, and politically insulated executives illustrate this approach. Through a qualitative investigation of the reform process in the region's four most industrialized countries, Argentina, Brazil, Chile, and Mexico, this study argues, to the contrary, that reforming governments found or created both elite and mass political support for their policies.     

Sustainable use of wildlife: The role of private contracts as a conservation tool

Abstract

This paper focuses on the ability of local communities to make effective use of private legal tools as a means of assuring sustainable wildlife use. Using recent legal developments in Kenya as a case study, the paper examines a series of contracts entered into between local communities in the Samburu District and tour operators wishing to bring wildlife “photo safaris”; onto Samburu lands. These contracts, typically referred to as “Eco‐tourism contracts,”; are designed simply to allow tour operators to lead tour groups through community property without trespass. The authors argue that to achieve their true potential, these contracts must be treated, in essence, as “wildlife easements,”; or “eco‐easements,”; that can become publicly‐recorded mutual conservation commitments, and as such must incorporate conservation principles with a focus on environmental impact and wildlife management. Moreover, these contracts must be linked both conceptually and financially to the communities’ governance structure and to its broader conservation efforts.