Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

Using Data Combination of Fundamental Variable-Based Forecasts and Poll-Based Forecasts to Predict the 2013 German Election

In this paper I present an election forecasting approach to predict the vote share of the governing coalition in German national elections. The model is composed of two independent prediction components: the first is based on poll data, the second on fundamental variables. Both approaches have their advantages and disadvantages when used in isolation. The basic idea is to use both and find a better informed overall forecast. The predictions are combined using a shrinkage estimator, where the predictions are weighted by their respective prediction uncertainty. The uncertainty of the poll prediction is modelled time-dependent. The result is a dynamic model allowing for predictions longer before the elections highly relying on fundamental variables. With the elections coming closer predictions rely more and more on the polling data.     

The Conditional Nature of Political Risk: How Home Institutions Influence the Location of Foreign Direct Investment

What determines whether countries' institutions attract or deter investment? Although existing theories predict that multinational enterprises (MNEs) avoid locations where institutions cannot constrain public and private actors' opportunistic behavior, we argue host institutions' attractiveness depends on firms' home environment. Home country institutions shape firms' practices and capabilities, thus helping to determine the environments that firms are best prepared to face abroad. We test our predictions using multiple data sets at different levels of analysis: firm‐level data on MNEs' foreign subsidiaries, data on bilateral foreign direct investment (FDI) positions, and longitudinal data on bilateral FDI flows. We find that states with independent judiciaries are particularly attractive to investment from countries also possessing independent courts. Similarly, countries with low judicial independence disproportionately send FDI to countries lacking independent judiciaries. These findings' implications challenge conventional wisdom: “Good” institutions may not attract all investors, and “bad” institutions may not always deter, as current research suggests.     

Revisiting the Feminist Debates on International Labor Standards in the Aftermath of Rana Plaza

This paper revisits the turn of the millennium feminist debates on international labor standards in the aftermath of the Rana Plaza factory collapse of 2013 that killed over 1100 garment workers in Bangladesh. Feminists were divided over the benefits of establishing internationally enforced labor standards and, more generally, on the usefulness of transnational activism and union organizing for garment workers. The arguments of some feminist opponents during and in the aftermath of the debate emphasized the relative advantages of garment jobs, dismissed the importance of union rights, and criticized the labor transnationalism. These arguments have left unchallenged the current regulatory regime in Bangladesh by allaying concerns about poor working conditions. Drawing upon new empirical evidence, the paper shows that export growth under the market regulatory regime has failed to improve labor conditions in the sector. The paper makes the case for the continuing relevance of feminist arguments that favor a more proactive stance to make job growth compatible with wage gains and improved labor conditions. As they argued, the scope of the response has to be international, including solidaristic activism supporting local worker organizations, and the use of wage increases to move Bangladesh on a development path toward a higher-productivity, higher-wage economy.