Citizenship and Unauthorised Migration: a Dialectical Relationship

The relationship between citizenship and immigration law is often conceived as a conceptual dichotomy in which the former functions as the rhetorical domain of inclusion while immigration law does the dirty work of detention, deportation and snooping into peoples’ lives in order to uphold the inclusive values of the internal domain. States however employ a variety of practices of immigration control that infringe citizens’ rights and produce lasting dilatory effects on citizenship itself. Focusing on two specific case studies – racial profiling in identity checks carried out for immigration purposes and the standards of interpretation developed by the European Court of Human Rights in regard to the right to family life in expulsion cases – this article argues that current practices of immigration control result in a transformation of citizenship along racialised lines, which hollows citizenship's normative core of equality and liberty.     

Public Philanthropic Partnerships: The Changing Nature of Government/Foundation Relationships in the US

Relationships between foundations and the government in the United States have long been difficult with government attitudes ranging from hostile to at best indifferent in the past. American foundations have long claimed innovation as a distinctive function to perform in society in order to preserve their legitimacy. One hundred years after the rise of the large-scale American philanthropic foundation, however, the relationships between foundations and government have come into flux. Between demands from fiscally-strapped local governments and a new openness of state and federal governments to develop collaborative relationships, a variety of public-philanthropic partnerships have emerged that question the traditional roles and distribution of labor between philanthropy and the state. This article traces the historical development of the government/foundation relationship and discusses its changing nature using recession-induced ad hoc partnerships, the emergence of foundation liaison offices, and the Obama Administration’s Social Innovation Fund and Investing in Innovation program as examples.     

Participatory system dynamics modelling for dairy value chain development in Nicaragua

The use of system dynamics tools can add valuable insights when identifying and evaluating priorities for pro-poor value chain upgrading. However, to better understand the complex systems in agricultural value chains and to develop useful models, a participatory modelling process is important. This article highlights the group model building process of the dairy value chain in Matiguás, Nicaragua, one of a few examples of participatory model building in developing countries. The results confirm several benefits with participatory system dynamics modelling, including team learning, a greater understanding of the value of modelling, and a tool for decision-making and priority setting.     

Free choice of legal fee shifting rules?

In every country in the world parties to private litigation are subject to a predetermined fee shifting regime. While there are no institutionalized opt-out provisions so far, we demonstrate that such provisions could improve welfare. We argue that private negotiations are not a viable alternative to such opt-out provisions. We derive the conditions under which welfare improvements occur and suggest an applicable design for such an opt-out scheme.     

Post-Conflict State Building: the debate on institutional choice

A significant theoretical and empirical question underlying much of the literature on post-conflict state building is which institutions offer the best prospect for peace and democracy in divided societies recovering from conflict. This debate is highly relevant for many developing countries. With much invested by third parties in post-conflict reconstruction and a mixed track record of success at best, the question explored by this article is whether consociational institutional designs—widely applied in policy practice and severely criticised in academic discourse—can accomplish the twin goals of peace and democracy in divided post-conflict societies. Examining the claims of supporters and detractors of consociationalism, the article finds substantial conceptual and empirical evidence that consociational institutions hold significant promise for building democratic states after conflict in divided societies.     

Inclusive Elite Bargains and the Dilemma of Unproductive Peace: a Zambian case study

This article seeks to contribute to recent debates on the link between political settlements and state building. It proposes a theoretical framework that centres on the alternative concept of ‘elite bargain’ and suggests that inclusive elite bargains can be expected to facilitate both peace and economic development. Yet a detailed case study of elite bargains in Zambia shows that all good things do not always go together. While inclusive elite bargains have indeed helped to avoid civil war, they have often constrained economic development—a dilemma of unproductive peace.     

Governance Barriers to Renewable Energy in North Africa

Solar power in the North African region has the potential to provide electricity for local energy needs and export to Europe. Nevertheless, despite the technical feasibility of solar energy projects, stakeholders still perceive projects in the region as risky because of existing governance issues. Certain areas of solar projects, such as construction, operation and management, are the most prone to governance risks, including lack of transparency and accountability, perceived as barriers for deployment of the projects. It is likely that large-scale foreign direct investment into solar energy will not eliminate existing risks, but might even increase them. Furthermore, the recent political changes in the region have addressed some governance risks but not all of them, especially bureaucratic corruption. Stakeholders recommend a broad set of measures to facilitate development of solar projects in the region, ranging from auditing of individual projects to simplification and unification of bureaucratic procedures.     

Copy Me Happy: The Metaphoric Expansion of Copyright in a Digital Society

The article uses conceptual metaphor theory to analyse how the concept of “copy” in copyright law is expanding in a digital society to cover more phenomena than originally intended. For this purpose, the legally accepted model for valuing media files in the case against The Pirate Bay (TPB) is used in the analysis. When four men behind TPB were convicted in the District Court of Stockholm, Sweden, on 17 April 2009, to many, it marked a victory over online piracy for the American and Swedish media corporations. The convicted men were jointly liable for the damages of roughly EUR 3.5 million. But how do you calculate damages of file sharing? For example, what is the value of a copy? The article uses a model for valuating files in monetary numbers, suggested by the American plaintiffs and sanctioned by the District Court in the case against the BitTorrent site TPB, in order to calculate the total value of an entire, and in this anonymous other, BitTorrent site. These calculated hypothetical figures are huge—EUR 53 billion—and grow click by click which, on its face, questions some of the key assumptions in the copy-by-copy valuation that are sprung from analogue conceptions of reality, and transferred into a digital context. This signals a (legal) conceptual expansion of the meaning of “copy” in copyright that does not seem to fit with how the phenomenon is conceptualised by the younger generation of media consumers.