Customary Rights in Scots Law: Test Cases on Access to Land in the Nineteenth Century

Rights of access to land in Scotland for community and public use became increasingly politicised in the nineteenth century. In test cases brought by both landowners and access campaigners, they were subject to determination by the Court of Session. This article examines the doctrinal developments in the area of customary rights in nineteenth-century Scotland, and the legal and political context in which those doctrines emerged. The decisions were made against a background of reaction against the abuse of privileges by burgh governors and superiors, on the one hand, and the movement for greater public access to land on the other. It is argued that the judges of the Court of Session based their decisions, in part, on judicial values regarding the value of test case litigation and the constitutional function of the court, as well as the sanctity of private property.     

Globalisation and resistance in post-cold war Mexico: Difference,citizenship and biodiversity conflicts in Chiapas

In the post-cold war era changes at the global, regional, national and local level are altering earlier ways of understanding and practising citizenship. In Mexico the decline of the state-guided national development project (1930s-70s) has been accompanied by the transformation of corporatist forms of political control. This article uses examples of recent biodiversity conflicts in the state of Chiapas to illustrate this process in terms of a struggle between competing models of 'market citizenship' and 'pluri-ethnic citizenship'. By focusing on the actions and demands of the Zapatista Army of National Liberation and other indigenous organisations, the article highlights how resistance to globalisation in the Lacandon rainforest of Chiapas is related to struggles for collective rights and a more inclusive form of democracy in Mexico. This also raises important questions regarding the future shape of national identities and the scope of democratic rights around the world in the post-cold war era.     

Exports,growth and threshold effects in Africa

Abstract

The relationship between openness and growth remains a controversial issue in development economics with many studies focusing on the export–growth relationship. This paper examines whether the relationship between exports and growth found in large cross-section studies also holds in the context of African economies. The paper employs threshold regression techniques to examine whether African countries benefit more from exports when they reach a certain level of development or openness. Our results suggest that there is indeed a positive relationship between exports and growth in Africa. The threshold regression analysis also suggests that it is not necessary for a country to reach a certain level of development or to have an existing export base for this relationship to hold, though it is found that the relationship is stronger for countries that experience higher rates of export growth.     

Policies first,institutions second: lessons from Estonia’s economic reforms

Abstract

It has become convention in recent years to treat the building of institutions as the centerpiece of successful economic reform. The case of Estonia challenges this view. Although effective economic institutions eventually arose, Estonia began its transition bereft of the institutions that supposedly serve as the requisites of robust achievement. The institutions only emerged after an ideologically driven core of leaders implemented policies that laid the groundwork. In particular, the imposition of hard budget constraints sidelined political capitalists opposed to the rule of law by severing them from the state subsidies, soft loans, and other privileges on which they thrive. In the absence of a powerful class of political capitalists, Estonian governments were free to forge and continually improve a collection of institutions that sets the country apart among its postcommunist peers. Good institutions are desirable but not necessary for policy reform, and they are better seen as auspicious knock-on effects than as prime movers.     

Note the Robinson report

The Politics of Poverty, D. Donnison, Martin Robertson, 1982, pp.239, £3.50 paperback, £9.95 hardback.

Images of Welfare, P. Golding and S. Middleton, Martin Robertson, 1982, pp.296, £5.95 paperback, £16.50 hardback.

The Politics of Poverty, S. MacGregor, Longman, 1981, pp.193, £2.95 paperback.

Policy and Action‐Essays on the Implementation of Public Policy, edited by Susan Barrett and Colin Fudge, Methuen, 1981, pp.308, £7.95 paperback, £15.00 hardback.

Inside the Treasury, Joel Barnett, Andre Deutsch, 1982, pp.220, £8.95.

Ombudsman—Onwards Man, Pat Cook, BKT Publications, 1982, pp.155, £6.95.

British Dogmatism and French Pragmatism, Douglas E. Ashford, Allen and Unwin, 1982, pp.406+xvii, £27.50.

The Politics of Mass Housing in Britain 1945–1975, Patrick Dunleavy, Clarendon Press, 1981, pp.447, £17.50.

Economic Policy‐Making by Local Authorities in Britain and Western Germany, Nevile Johnson and Allan Cochrane, George Allen &; Unwin, London, 1981, pp.182, £15.00.     

Democracy and Human Rights in the Mexican States: Elections or Social Capital?

Why does the relationship between a government and its citizens deteriorate to violence? Large-N cross-national quantitative analyses of human rights violations have found an inverse relationship between democracy and violations. These analyses, however, have not been able to address the central finding of an influential subnational analysis of democracy that stresses the importance of a single dimension of democracy, social capital. In this article we combine these two streams of research with fresh data from the Mexican states to investigate how and why democracy inhibits violations. Theoretically, we connect a policy interest in protecting human rights to politicians' office-seeking goals and to the level of social capital. Empirically, our data allow us to disentangle two principal components of democracy, elections and social capital, and include important control variables, notably ethnic diversity, which have been largely left out of the cross-national analyses. Our central finding is that the electoral components rather than social capital produce important consequences for the protection of citizens' human rights.