Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

Industrial Policies and Development Cooperation for a Learning Society

In the countries that have been most successful in development over the past half century, government played a central role (the development state), especially through industrial policies that promoted manufacturing exports. But changes in the global economy mean that African countries won’t be able to rely on the manufacturing export-led growth model. This paper analyzes the reasons for the success of that model, and shows how the same outcomes can be achieved through a multipronged strategy, a comprehensive development plan that pays particular attention to learning and employment.     

Russia's Indirect Grand Strategy

Modern Russia is a revisionist, if not a revanchist, nation-state. It seeks to end the efficacy of the post-World War II institutionalized rules-based international order, which was created and maintained by the U.S.-led Western alliance. Russia pursues this objective to reclaim great power status and dominate the region and its borders. However, it lacks the strength to achieve this goal directly. To be successful, Russia must devise a strategy for bringing about cumulative changes in the relative power of the United States and Russia. And, it must do so while avoiding direct confrontation. A model for such an indirect approach exists.     

The development of the penal bond with conditional defeasance

The development of the penal bond with endorsed conditional defeasance presents a problem because the earliest monetary penalties in English contracts took the form of straight-forward penalty clauses. It is hard to see how the convoluted penal bond developed from such penalty clauses. This article traces the development of the penal bond from debt recognizances defeasible by the performance of conditions stated in a separate document. The logic of the defeasible recognizance was carried over to other arrangements including the penal bond with endorsed conditional defeasance.     

HIV/AIDS Stigma and Discrimination: Legal Perspectives∗

This article considers a unique feature of co-operation within the Commonwealth, the Commonwealth Schemes aimed at enhancing international co-operation in criminal matters. It focuses in particular on the Scheme relating to Mutual Assistance in Criminal Matters within the Commonwealth, commonly referred to as the Harare Scheme.