SECRETARY OF STATE MARSHALL,GENERAL CLAY,AND THE MOSCOW COUNCIL OF FOREIGN MINISTERS MEETING OF 1947: A RESPONSE TO PHILIP ZELIKOW

This commentary challenges the major conclusion of a 1997 article which appeared in this journal. There, Philip Zelikow argued that previous treatments of the Council of Foreign Ministers 1947 meeting in Moscow erred in their characterization of the role of US Secretary of State Marshall. Earlier studies, in Zelikow’s view, failed to understand that Marshall, refusing to be constrained by the recently announced containment policy, made a serious effort to meet Soviet demands for reparations from current German output. It is contended here that a review of the evidence, especially materials from the John Foster Dulles papers and from British archives, does not support Zelikow’s conclusion.     

Book Reviews

Mauricio Font, The State and the Private Sector in Latin America: The Shift to Partnership. New York: Palgrave Macmillan, 2015. Figure, bibliography, appendixes, index, 318 pp.; hardcover $100, ebook $79.99. Tracy Beck Fenwick, Avoiding Governors: Federalism, Democracy, and Poverty Alleviation in Brazil and Argentina. Notre Dame: University of Notre Dame Press, 2016. Tables, figures, acronyms, bibliography, index, 277 pp.; hardcover $75, paperback $29. Michael Reid, Brazil: The Troubled Rise of a Global Power. New Haven: Yale University Press, 2016 [2014]. Illustrations, 352 pp.; paperback $22. Ben Ross Schneider, ed., New Order and Progress: Development and Democracy in Brazil. New York: Oxford University Press, 2016. Tables, figures, bibliography, index, 328 pp.; hardcover $99, paperback $31.95, ebook. Anthony P. Maingot, Race, Ideology, and the Decline of Caribbean Marxism. Gainesville: University Press of Florida, 2015. Index, 368 pp.; hardcover $79.95. Sebastián Ureta, Assembling Policy: Transantiago, Human Devices, and the Dream of a World‐Class Society. Cambridge: MIT Press, 2015. Photographs, figures, abbreviations, bibliography, index, 224 pp.; hardcover $39, ebook $27. Carlos de la Torre, De Velasco a Correa: insurreciones, populismos y elecciones en Ecuador, 1944–2013. Quito: Corporación Editora Nacional, 2015. Tables, bibliography, 243 pp.; paperback. Sebastian E. Bitar, US Military Bases, Quasi‐Bases, and Domestic Politics in Latin America. New York: Palgrave Macmillan, 2016. Map, figures, tables, notes, bibliography, index, 220 pp.; hardcover $110, ebook $79.99.     

An American Perestroika in Dutch Cities? Urban Policy in the Netherlands at the End of a Millennium

This paper discusses the implications of the recent adoption of interactive forms of governance in Dutch urban policy. Advocates of this new approach claim that interactive governance will have positive effects for (1) the quality of urban democracy and urban governability and (2) for the solution of the information problems inherent in coping with (wicked) urban problems. On the basis of an extensive evaluation of the implementation of the new policies in four of the 25 Dutch municipalities involved, these claims are critically assessed.     

To be continued . . . Syntheses and trends in follow-up of quality assurance in West European higher education

The authors report on West European trends in follow-up arrangements of national quality assurance procedures. They argue that external quality assurance ought to adopt a broader conception of quality than is now often the case. Next, the general public ought to have a guarantee that external quality assurance is valid (through meta-evaluation) and has consequences (through follow-up arrangements). Follow-up currently is not well developed in many European countries in a formal sense, but is receiving more attention as external quality assurance is maturing. Finally, the authors link national quality assurance to the European dimension; an international network could fulfil important functions in making quality assurance transparent and credible across Europe. This revised version was published online in August 2006 with corrections to the Cover Date.     

Investment Treaty Arbitration as a Species of Global Administrative Law

The article outlines a simple thesis: that international investmentarbitration – pursuant to regional and bilateral investmenttreaties – offers the clearest example of global administrativelaw, strictly construed, yet to have emerged. We present thisthesis by explicating four key features of investment treaties:they permit investor claims against the state without exhaustinglocal remedies; they allow claims for damages; they allow investorsto directly seek enforcement of awards before domestic courts;and they facilitate forum-shopping. Our argument is that, owingto this unique conjunction of features, the regulatory conductof states is, to an unusual extent, subject to control throughcompulsory international adjudication. Having highlighted thesefeatures, we then claim that investment arbitration is bestanalogized to domestic administrative law rather than to internationalcommercial arbitration, especially since investment arbitrationengages disputes arising from the exercise of public authorityby the state as opposed to private acts of the state. Further,we claim that the linkages between investment arbitration anddomestic legal systems are more direct and more closely integratedthan other forms of international adjudication in the publicsphere. For these reasons, we argue that the emerging regimeof investment arbitration is to be understood as constitutingan important and powerful manifestation of global administrativelaw.