Beyond Borders

Asian nations seek cooperation in the face of the financial crisis As the global financial crisis continues to spread worldwide, its impact on the member states of the Association of Southeast Asian Nations (ASEAN) and the ASEAN Plus Three countries-China, Japan and South Korea-is deepening, according to a semi-annual report recently released by the East Asian Economic News of the World Bank Faced with slumping exports and other challenges, Asian countries have come up with huge bailout packages in an ef...     

The influence of bankruptcy law on equity value of financially distressed firms: A European comparative analysis

The reaction of stock prices to bankruptcy filing has been frequently analysed in the financial literature. In this paper we adopt a different approach to that of traditional study, and endeavour to determine whether the reaction of markets is conditioned by the orientation of bankruptcy law. Our results lead us to conclude that it is actually the type of bankruptcy law that conditions the valuation of firm's stocks. We have also found that the drop in share value is greater in creditor-oriented systems, while the negative returns are lower in debtor-oriented systems.     

Great Expectations: Understanding Bali and the Climate Change Negotiations Process

This article reviews the December 2007 United Nations Climate Change Conference in Bali. It considers expectations for the meeting and whether the event delivered on these expectations. It also evaluates the long-term context of the meeting and examines the discussions in Bali on the post-2012 period (when the Kyoto Protocol's first 'commitment period' expires). The article finds that the Bali meeting did not necessarily meet public expectations or respond directly to the latest scientific assessments calling for urgent action. However, the article also finds that Bali was successful in the context of the prevailing political and diplomatic realities and the immense complexity of the climate change challenge – a problem that does not lend itself to a 'quick fix' solution. The article concludes that Bali produced a solid outcome that gives direction to future talks and sets a clear deadline for their completion. Finally, it argues that, contrary to some experts' opinion, the lack of detail in the Bali outcome may prove to be a strength rather than a weakness, since it provides flexibility to negotiators as they try to craft a consensus by the end of 2009.     

Restraining Gulliver: Institutional reform and the strengthening of state capacity and compliance

Governance in the developing world is fraught with problems of corruption, weak institutions, and inadequate expertise among bureaucrats. Failing to enforce laws and regulations is one way in which these problems manifest themselves. In this paper, we evaluate changes across three institutions charged with oversight or administration of labor justice in Mexico. We find that both autonomy from the executive and professionalization are necessary to improve compliance with labor law over time. Our study shows that professionalization can occur in several ways, including through training, merit hiring, and introducing experienced external administrators. The implications of the study are that reforms that increase the independence and legal authority of oversight institutions should be complemented by efforts to strengthen the professionalism of bureaucrats.     

Political interference and regulatory resilience in Brazil

Governments face a fundamental tradeoff between regulatory independence and control. Attempts of interference have the effect of reducing the system's level of commitment and credibility. On the other hand, an administration runs the risk that the autonomy delegated to regulators might be used to pursue outcomes that may harm their interests. This tradeoff is particularly relevant when there is an alternation of power with the arrival of a new political elite with different preferences. This paper uses data from a 2016 survey on regulatory governance applied to Brazilian regulatory agencies. This data is compared to a similar survey performed in 2005. The new survey results turn out to be surprisingly similar to those of a decade earlier, suggesting strong resilience of regulatory agencies despite significant attempts at political interference by powerful presidents. The factors explaining the resilience of regulatory governance in Brazil lie in its broader institutional endowment, which moderates the effects of executive interference.     

Worldmaking,Legal Education,and the Saga Comic Book Series

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article argues that to disrupt legal education in a radical sense, students need to become...     

Categorization of Narcomessages in Mexico: An Appraisal of the Attempts to Influence Public Perception and Policy Actions

The current article brings together the conclusions of an exercise carried out in an attempt to analyze and classify narcopropaganda, or “narcomessages” in Mexico. The analysis and classification of narcomessages is able to provide some insights about the motivations underlying the increase of violent attacks in the country; at the same time, the classification of these messages can help in the identification of those groups that are more likely to influence public perception and support public policy measures against them.     

European Judicial Cooperation in Criminal Matters

Abstract: European judicial cooperation in criminal matters has its origins under Title VI as part of the Third Pillar (JHA) of the Treaty on European Union, signed on 7 February 1992 in Maastricht. Nevertheless, there have been important amendments to this Treaty and to the contents of the Justice and Home Affairs policy through the Treaty of Amsterdam and the Treaty of Nice (the latter in force since last February), such as, for example, the introduction of the European Prosecutors Cooperation Unit (‘Eurojust’). This brief study is concerned with these innovations as well as some legal instruments in the field of criminal judicial cooperation, in particular extradition, mutual recognition of judicial decisions, mutual assistance in criminal matters and the European arrest warrant which are considered as the most relevant.