Constitutional Change: A Note by the Bedside

The British constitution is undergoing major change although it tends to be carried out piecemeal and is often ignored. There are contradictory trends in what is happening. Some changes are deliberate major reforms which tend to disperse power and strengthen the rights of the individual against the State. Other changes are incidental by-products of other government policies, and tend in the other direction, towards the greater concentration of power in, and within, central government, for instance by the weakening of local government and the treatment of individual rights in legislation against terrorism. This second trend makes it all the more important that the checks and balances on the exercise of power by central government are effective. The main responsibility for ensuring this must rest with Parliament, backed up by the courts. A Civil Service Bill and perhaps a code of governance for central government would in their different ways be useful.     

Law Guanxi: MNCs,state actors,and legal reform in China

Since 1978, China has opened itself to foreign direct investment and has undertaken significant legal reform, especially in the area of international commercial arbitration. I analyze the roles that foreign actors and state officials have played in changing Chinese legal institutions such as the Chinese International Economic and Trade Arbitration Commission (CIETAC) and personal relations, or guanxi. 1 ^1. La guanxi is a Chinese expression, meaning ‘to pull strings (to get things done)’. View all notes Foreign investors, attorneys, and non-governmental organizations are helping China to adopt formal commercial arbitral institutions that follow international norms. In that sense, foreign actors are contributing to rule of law in China. Yet, foreign investors also attempt to use guanxi to get around central regulations, thereby contributing to informal legal institutions. The combination of guanxi and formal legal institutions follows a model of path dependent institutional change. I use the terms, ‘layering’ and ‘bricolage’ to elucidate the ways that actors combine existing institutions with new legal forms introduced by foreign investors, attorneys, and NGOs.     

The Security Council and Counterterrorism: Global and Regional Approaches to an Elusive Public Good

ABSTRACT

This paper explores contemporary counterterrorism efforts as an instrument for attaining peace as a ‘global public good’. It notes the lack of an agreed definition of terrorism, the distinction between freedom-fighting and terrorism, and the issue of ‘excessive use of force’ by the state. It assessed the extent to which US counter-terrorism policy has influenced policy in the UN Security Council, and the shortcomings in Council policy that require redress. The paper concludes that counterterrorism will be successful only when a ‘global law enforcement’ approach prevails over the national security-driven ‘war-on-terror’ and when genuine efforts are undertaken to address the root causes of terrorism, including the forward basing of US forces in the Arab world.     

The Arab Revolution is Beyond America's Control

The Great Arab Revolt of 2011 has moved swiftly from the peaceful overthrow of autocrats in the nation‐states of Tunisia and Egypt to brutal repression in the tribal societies of Libya, Syria, Bahrain and Yemen. Meanwhile, the wired youth bulge of the Middle East that brought change is dissipating into an impotent diaspora while the organized interests of the old regimes and the once‐suppressed Islamists charge ahead to power. This section examines the revolt, the reaction and the power struggles in its aftermath.