Courts, the new constitutionalism and immigrant rights: The case of the French Conseil Constitutionnel

Abstract.  This article examines the role of courts in the creation of immigrant rights. Immigrant rights are located within a broader 'new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel , we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness – that is, the capacity to draw a distinction between 'citizens' and 'aliens' as differently situated persons without a right of entry and permanence.     

North-South Climate Change Negotiations: A Sequential Game with Asymmetric Information

This article determines the conditions under which theSouthern countries should act together, or separately, whilenegotiating with the North about climate change policy andabout the conditions for future Southern engagement. The papermodels the international negotiations with complete and withasymmetric information in a dynamic framework. Results showthat, depending on their characteristics, the differentplayers can obtain benefits delaying the moment of theagreement.     

Demokratie, Autokratie und die regulative Gestaltung der Außenwirtschaftsbeziehungen in Entwicklungsländern

This paper investigates into the political determinants of trade policy regulation in developing countries. When choosing between the trade policy instruments tariffs and quota governments consider the effects of these policies on their political support from interest groups and voters. It is argued that quantitative restrictions become increasingly less attractive as a country democratizes. Instead, motives of revenue generation gain importance. Therefore, the likelihood of democratic governments choosing quota is smaller than for their autocratic counterparts. Empirical tests based on a sample of 75 developing countries for the years 1979–1998 support the hypothesis.     

Democracy and the Violation of Human Rights: A Statistical Analysis from 1976 to 1996

Most studies posit and identify a linear and negative relationship between democracy and the violation of human rights. Some research challenges this finding, however, suggesting that nonlinear influences exist. Within this article, we examine the structure of the relationship between democracy and repression during the time period from 1976 to 1996. To conduct our analysis, we utilize diverse statistical approaches which are particularly flexible in identifying influences that take a variety of functional forms (specifically LOESS and binary decomposition). Across measures and methodological techniques, we found that below a certain level, democracy has no impact on human rights violations, but above this level democracy influences repression in a negative and roughly linear manner. The implications of this research are discussed within the conclusion .     

North American first peoples: slipping up into market citizenship?

This article explores the nature of Aboriginal demands for a citizenship regime grounded in a substantive recognition of cultural difference and inherent rights in Mexico and Canada. It provides an overview of the different evolution of Aboriginal citizenship in each country but focuses on two recent development projects, the Puebla Panama Plan in Mexico and the Mackenzie Valley pipeline in Canada. These cases demonstrate the ways in which neo‐liberal globalism is reshaping the substantive recognition of Aboriginal cultural difference and inherent rights. While contemporary neo‐liberal rhetoric recognizes cultural difference, the models of development employed effectively separate territory from the ideas of self‐government, culture and identity. The article concludes that the neo‐liberal turn in the construction of Aboriginal citizenship undercuts potentially much richer conceptions of Indigenous citizenship offered by the First Peoples of North America.     

Is the allocation of voting power among EU states fair?

It has often been claimed that the current allocation of votes among EU states is not fair. In this paper we verify this assertion by carrying out an evaluation of the distribution of power among the member states. The results show that the current distribution of votes for the qualified majority does not lead to a fair distribution of power whatever definition of the EU is considered. It can not be claimed however that the current voting process has a systematic bias in favor of certain states. We also present a simple method to derive voting weights which lead to a fair allocation of power.