Die Entwicklung des Föderalismus und der Föderalismus ‐ diskussion in der Schweiz von 1874 bis 1964

Before 1874 and after 1964, the evolution of federalism and related political discourses is well known. Between these years, however, stretches a terra incognita, which this political‐historical essay tries to explore. This period was characterised by a steady shift of power from the Canton's to the Confederation, resulting in the frequent re‐grouping of federalists and centralists. Before the First World War, traditionalists from central and occidental Switzerland fiercely defended a confederalist vision. During the interwar years, things quietened down. The modern federal State organisation was no longer fundamentally questioned, and the debate focused on technical questions. The “geistige Landesverteidigung” (moral defence of the country against fascism) secured an enduring yet problematic place for federalism in Swiss culture by transforming it into the “unity in diversity” principle. After the Second World War, modernising forces resulted in the “executive and co‐operative federalism” that we know today.     

Untersagung des Betriebs eines Spielplatzes wegen L?rms

Keine Zusammenfassung     

L?rmschutz bei Skate- und Inlinebahn auf einem Spielplatz

Keine Zusammenfassung     

Judicial detection skill and contractual compliance

Mutually beneficial agreements might fail if the parties fear contractual opportunism. Litigation is supposed to be a remedy, but it gives scope for another kind of opportunistic behavior, which we call litigational opportunism: Even known that the opponent has fulfilled his obligations, a party might bring suit. We introduce a new concept, called judicial detection skill, and show that positive judicial detection skill is a prerequisite if the court system is to deter opportunistic suits and simultaneously induce bilateral contractual compliance. The traditional literature on litigation either assumes judges with zero detection skill, or simply neglects that opportunistic suits might be successful. We prove that those models are unable to provide an answer to the question of how to prevent both types of opportunism simultaneously.     

Verkehrssicherungspflicht an Bäumen

Keine Zusammenfassung     

Zwangseinbringung ihres Grundstücks in eine Jagdgenossenschaft

Ohne Zusammenfassung     

Compulsory Voting Rules,Reluctant Voters and Ideological Proximity Voting

Political Behavior - Political theorists have argued that democracies should strive for high turnout, leading to an argument for the introduction of compulsory voting, one of the surest ways to...     

Trustees versus fiscal agents and default risk in international sovereign bonds

Over the last 10?years, organisations such as the IMF have launched several initiatives to change market practice with respect to sovereign bond contract drafting to ease restructuring after defaults. The first of these, the universal adoption of collective action clauses, was embraced by the market after some hesitation. Another proposal??the more widespread appointment of trustees to represent bondholders in times of crisis, to centralise enforcement action against the debtor and thus to facilitate debt relief??has so far failed to have the desired impact. Amongst other potential reasons for this failure, the argument has been made that to vest enforcement rights in the trustee, as opposed to individual bondholder rights, would be to reduce the deterrence against opportunistic defaults and thus to exacerbate moral hazard. Using a sample of secondary market bond spreads and information on default status, this paper assesses empirically whether sovereign bonds issued under a trust structure indeed carry a higher default risk. It finds no systematic evidence of either a spread premium or higher actual default rates for bonds with collective enforcement rights.     

Comparing urban renewal in Barcelona and Seoul—urban management in conditions of competition among global cities

Cities have become increasingly autonomous economic and political actors which actively respond to the pressures and opportunities of globalisation. Consequently, the urban management of any particular city is often based on the assumption that the city can improve its position against rival cities by efficiently managing its strategic resources and promoting its presumed advantages. Though such an approach to urban management may help cities to improve their global competitiveness and the quality of their residents’ everyday life, it can sometimes result in negative consequences at the local level, thus actually narrowing the development prospects of the cities in the end. This article discusses urban management against the backdrop of the competitive urban policy in Barcelona and Seoul, and compares the local consequences of urban renewal in both cities. Based on a comparison of the two cases of urban renewal, 22@ Activity District in Barcelona and the Cheonggyecheon restoration in Seoul, this article argues that, in conditions of competition among global cities, even very different approaches to urban management and urban renewal may result in similar consequences at the local level.