Institutional Effects on State Behavior: Convergence and Divergence

We develop a new typology for examination of the effects of international institutions on member states' behavior. Some institutions lead to convergence of members' practices, whereas others result, often for unintended reasons, in divergence. We hypothesize that the observed effect of institutions depends on the level of externalities to state behavior, the design of the institution, and variation in the organization and access of private interests that share the goals of the institution. We illustrate these propositions with examples drawn from international institutions for development assistance, protection of the ozone layer, and completion of the European Union's internal market. We find that significant externalities and appropriately designed institutions lead to convergence of state behavior, whereas divergence can result from the absence of these conditions and the presence of heterogeneity in domestic politics.     

Unfulfilled promises of the consultation approach: the limits to effective indigenous participation in Bolivia’s and Peru’s extractive industries

Indigenous peoples’ right to prior consultation and to informed consent represents the basis of the new global model shaping state–indigenous relations. Consultation processes promise to enable indigenous people to determine their own development and are especially promoted when extraction projects with significant socio-environmental impacts are planned on indigenous lands. In this article we draw on debates on participatory development in order to analyse the first state-led consultations in Bolivia’s and Peru’s hydrocarbon sectors (2007–14). The analysis shows that effective participation has been limited by (1) an absence of indigenous ownership of the processes; (2) indigenous groups’ difficulties defending or even articulating their own visions and demands; and (3) limited or very general outcomes. The study identifies real-life challenges, such as power asymmetries, a ‘communication hurdle’ and appropriate timing – as well as simplistic assumptions underlying the consultation approach – that account for the unfulfilled promises of this new model.     

TRANSPARENCY IN PUBLIC–PRIVATE PARTNERSHIPS: NOT SO BAD AFTER ALL?

Scholars' criticism of transparency in public–private partnerships (PPPs) often focuses on ‘external’ transparency, that is, the extent to which internal information is visible to the outside world. However, to achieve external transparency, internal transparency – the availability and inferability of information for the public procurer and the private party – is crucial. In this article we analyse input, process, and output transparency from three different perspectives (institutional, cognitive, and strategic) in four PPPs in the Netherlands. We conclude that input transparency is high, but process and output transparency less so. Moreover, output transparency has gained importance in PPPs. Whether this is problematic depends on the PPPs' institutional environment. In some partnerships the desired output is uncontested and predetermined by clear standards in the institutional environment, whereas other PPPs deal with contested output norms, decreasing the partnerships' transparency. These results nuance the current debate on the lack of transparency in PPPs.     

ONLY GOOD FENCES KEEP GOOD NEIGHBOURS! THE INSTITUTIONALIZATION OF MINISTRY–AGENCY RELATIONSHIPS AT THE SCIENCE–POLICY NEXUS IN GERMAN FOOD SAFETY POLICY

This article makes a further contribution to opening the ‘black box’ of micropractices in ministry–agency relationships. We argue that the mechanisms that come into play in the course of institutionalizing agencification reforms – such as renegotiating mutual roles and rules in ministry–agency interactions – are only poorly covered in the existing literature. To adequately address the negotiated and contingent nature of de facto agency autonomy and political control, we develop an interpretive approach based on the concept of ‘boundary work’. The empirical focus is on ministry–agency interactions at the science–policy nexus in the contested policy field of food safety. By studying actors' stories about the institutionalization processes following the fundamental reorganization of the German food safety administration in the wake of the BSE crisis from a longitudinal perspective, we show how actors manage boundary conflicts via increasingly differentiated backstage coordination.     

Selecting Constitutional Judges Randomly

This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separation of powers and the specific legitimacy of courts, and we champion this two‐stage mechanism vis‐à‐vis other, more traditionally employed, selection procedures. We then deal with a diversity of objections to our proposal and conclude by taking stock of both its virtues and limitations.     

Detection of Mitragynine in Mitragyna Speciosa (Kratom) Using Surface-Enhanced Raman Spectroscopy with Handheld Devices

A simple, quick, selective, sensitive, and effective field-friendly method capable of being used by nonexperts has been developed for detecting mitragynine in Mitragyna speciosa (kratom) using surface-enhanced Raman spectroscopy (SERS). Over 100 samples and blanks (known to be either positive or negative for the presence of mitragynine) were examined in duplicate using five identical handheld Raman spectrometers, which provided a data set of over 1,000 examinations. Based on the results of these analyses, the method yielded a true-positive rate of 99.3%, a true-negative rate of 97.9%, a false-positive rate of 2.1%, and a false-negative rate of 0.7%. The average minimum detectable concentration (C_m) of mitragynine that reproducibly yielded a match for one of the library spectra on all five instruments was determined to be 342 ng/mL (ppb). This C_m value is a conservative estimate considering that the extraction process was not fully optimized by this study, which was not necessary since the C_m value achieved was well below typical mitragynine concentrations in kratom (1.3–2.3%). The method is ideal (i) for prioritizing samples for additional testing using other more time-consuming laboratory-based techniques needed to detect and quantify mitragynine and (ii) for field use at international mail facility (IMF) satellite laboratories to help interdict kratom and prevent this dangerous product from reaching the U.S. supply chain.     

Evaluating the Effects of Repeated Psychological Injury: an Introduction to the Special Issue

Psychological Injury and Law -