Contracts for Legal Aid: A Critical Discussion of Government Policy Proposals

In this paper, we examine the UK government's proposals for the reform of legal aid, which are based on block franchising. We identify several potential incentive-compatibility problems mainly concerned with the possibility of chiseling on quality after contracts are awarded or with supplier control of access to legal aid. Our suggestions for improving the scheme are based around awarding vouchers for legal aid.     

The Law of the Land

This article considers the status of foreign precedents in national courts. It examines possible reasons for courts referring to them and concludes that, absent some incorporating convention, judges cannot ever be said to have an obligation to refer to them. But it also shows that there is nothing unprincipled about national courts choosing to treat foreign precedents as persuasive authority, notwithstanding that there are some good reasons, especially in the context of constitutional adjudication, for cautioning against this. It is also suggested that no satisfactory argument can be adduced to support the proposition that a national court must never rely on foreign precedent as the sole reason for modifying the indigenous common law – though it seems very unlikely that judges would ever need (still less want) to rely on foreign precedent in this way.     

Contrary Siblings: Syria,Jordan and the Iraq War

Jordan and Syria, severed parts of the same country, were in many ways ‘siblings’: their systemic situation, as economically weak small states surrounded by more powerful enemies, was similarly vulnerable; their leaders at the time of the Iraq War were of a similar ‘modernising’ generation; the identities of their populations were similarly Arab-Islamic. Yet, they followed diametrically opposite policies toward the invasion of Iraq: Jordan bandwagoning with the United States and Syria defying it. This contrary behaviour is explained by their differential experiences of state formation and the differing social forces incorporated and identities institutionalised in Ba'thist Syria and Hashemite Jordan.     

Do Russians see their future in Europe or the CIS?

Historic differences between Russian elites about where the country's future lies are here addressed by examining what the Russian public thinks, using data from the New Russia Barometer survey. More than two thirds see the country's future with the Commonwealth of Independent States (CIS) and less than one third see it with Europe. Alternative explanations for these differences are tested statistically. The most important influences making Russians look to the near abroad are traditional identities, national pride and age. Although cosmopolitan contacts of individuals with the West encourage people to be pro-European, Russians are likely to continue to view their world as a CIS space. However, this does not indicate a popular demand to re-establish Imperial dominance but rather a durable commitment among most Russians to a Eurasian rather than European view of the world.     

Global Society's Response to HIV/AIDS: Botswana's Experience

Approximately 37% of Botswana's population was HIV-positive in 2005. This study examines Botswana's experience of the HIV/AIDS threat in order to assess the strengths and weaknesses of the response by global society. Botswana is particularly useful in evaluating the pandemic threat and national and global responses since it is considered a sub-Saharan leader in establishing a national infrastructure of HIV/AIDS governance—one closely coordinated with global society's infrastructure and culture of HIV/AIDS governance. This paper argues that a polyarchic notion of governance and authority has relevance to the sphere of HIV/AIDS governance and this is evident in Botswana's experience. This study analyses the key features of the global response to the pandemic. It then explains and evaluates Botswana's administrative, financial and operational responses to the pandemic. The paper concludes by identifying critical policy challenges for the further development of effective global–national HIV/AIDS governance.     

Social License and Environmental Protection: Why Businesses Go Beyond Compliance

This article examines the concept of the corporate "social license," which governs the extent to which a corporation is constrained to meet societal expectations and avoid activities that societies (or influential elements within them) deem unacceptable, whether or not those expectations are embodied in law. It examines the social license empirically, as it relates to one social problem–environmental protection–and as it relates to one particular industry: pulp and paper manufacturing. It shows try the social license is important, the circumstances in which it may encourage companies to go "beyond compliance" with regulation, how its terms are monitored and enforced, and how it interacts with what we term the regulatory and economic licenses. Overall, this research demonstrates that corporate environmental behavior cannot be explained purely in terms of instrumental threats and moral obligations to comply with the law, and that the increasing incidence of "beyond compliance" corporate behavior can be better explained in terms of the interplay between social pressures and economic constraints.     

Explaining Corporate Environmental Performance: How Does Regulation Matter?

How and to what extent does regulation matter in shaping corporate behavior? How important is it compared to other incentives and mechanisms of social control, and how does it interact with those mechanisms? How might we explain variation in corporate responses to law and other external pressures? This article addresses these questions through an study of environmental performance in 14 pulp and paper manufacturing mills in Australia, New Zealand, British Columbia, and the states of Washington and Georgia in the United States. Over the last three decades, we find tightening regulatory requirements and intensifying political pressures have brought about large improvements and considerable convergence in environmental performance by pulp manufacturers, most of which have gone “beyond compliance” in several ways. But regulation does not account for remaining differences in environmental performance across facilities. Rather, “social license” pressures (particularly from local communities and environmental activists) and corporate environmental management style prod some firms toward better performance compliance than others. At the same time, economic pressures impose limits on “beyond performance” investments. In producing large gains in environmental performance, however, regulation still matters greatly, but less as a system of hierarchically imposed, uniformly enforced rules than as a coordinative mechanism, routinely interacting with market pressures, local and national environmental activists, and the culture of corporate management in generating environmental improvement while narrowing the spread between corporate leaders and laggards.