Waldron on Law and Disagreement

Law and Philosophy -     

The rise of China—challenges and opportunities for the European Union

Asia Europe Journal - China’s growing power and influence raise important and inescapable questions for countries and societies around the world, not least for Europe. A rising China offers...     

Treaty federalism as a model of policy making: Comparing Canada and the European Union

Systematic analyses of Canada and the EU as comparable federal systems have been neglected for a variety of methodological reasons. Most importantly, neither body fits the mould of the dominant model of the American federal state. A revised conceptual framework can show, however, that Canada and the EU both provide a similar institutional and procedural environment for policy making: powers are shared rather than divided; policy directions are determined by executive negotiation rather than parliamentary deliberation; unanimity takes precedence over majority rule; and inter‐regional competition is moderated by a commitment to equalization.     

Regulatory dynamism of environmental mobilization in urban China

In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly.