From “sensed” to “complex”: some reflections on borders throughout history

The concept and definition of borders has evolved significantly over time. In Europe the twentieth century alone has seen remarkable changes. At the beginning of the century borders represented the clear end of the sovereignty of one state and the beginning of another while the second half of the same century brought revolutionary concepts of state borders. This article aims to contribute towards the conceptual discussion of borders, tracing some of the journey of this concept, from centuries ago when they were perceived as more ”sensed”, to more recent interpretations of ”solid” and “liquid” borders to today's “complex” borders.     

Viewpoint: Chinese Anti-Satellite Weapons: New Power Geometry and New Legal Policy

China entered the field of space weapons with the successful anti-satellite test on 11 January 2007. National policies of spacefaring states commit to the principle of peaceful uses of outer space as enshrined in the Outer Space Treaty, but there is no detailed internationally binding regulation on anti-satellite weapons. Since 1981, the United Nations General Assembly passed annual resolutions on the Prevention of an Arms Race in Outer Space. These resolutions call for negotiations in the Conference of Disarmament for establishing an internationally binding instrument about space weapons. However, the Conference of Disarmament is deadlocked. China's weapons test has changed the power geometry. This paper examines the policy impact of the Chinese test, especially on the United States.     

Do Minority Cabinets Govern More Flexibly and Inclusively? Evidence from Germany

A widespread view in political science is that minority cabinets govern more flexibly and inclusively, more in line with a median-oriented and 'consensual' vision of democracy. Yet there is only little empirical evidence for it. We study legislative coalition-building in the German state of North-Rhine-Westphalia, which was ruled by a minority government between 2010 and 2012. We compare the inclusiveness of legislative coalitions under minority and majority cabinets, based on 1028 laws passed in the 1985–2017 period, and analyze in detail the flexibility of legislative coalition formation under the minority government. Both quantitative analyses are complemented with brief case studies of specific legislation. We find, first, that the minority cabinet did not rule more inclusively. Second, the minority cabinet’s legislative flexibility was fairly limited; to the extent that it existed, it follows a pattern that cannot be explained on the basis of the standard spatial model with policy-seeking parties.     

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.     

Book reviews

Previous studies suggest, and common wisdom holds, that government participation is detrimental for new parties. This paper argues that the opposite is true. Drawing on a large-N analysis (111 parties in 16 countries) in combination with two case studies, it demonstrates that new parties generally benefit organisationally from supporting or entering a government coalition. Compared to established parties, new parties have the advantage that their leadership is more able to allocate effectively the spoils of office, and can change still malleable rudimentary party structures so as to respond to intra-organisational demands, as well as the functional demands of holding office. The authors conclude by setting their finding in wider perspective and elaborate on its implications for contemporary West European politics.     

What Drives Intermediate Local Governments’ Spending Efficiency: The Case of French Départements

The restructuring of the allocation of governmental competencies in France has increased the importance of subnational governments by transferring additional tasks. We analyse the efficiency of public spending on the intermediate government level for the 96 départements in metropolitan France in 2008. Spending efficiency is measured using Data Envelopment Analysis. Results indicate significant room for improvement and we detect an average spending inefficiency of 12%. To explain efficiency, a bootstrapped truncated regression is applied. The second-stage regression shows that efficiency is also determined by exogenous factors and identifies the distance to the national capital, inhabitants’ income and the share of inhabitants older than 65 as significant determinants of efficiency.     

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.