The state of public discourse in Kenya’s post-Moi era: Where are Kenya’s organic intellectuals?

One of the defining moments in Kenya’s political landscape was the defeat of KANU, the party that had been in power since the country’s independence in 1963, by the National Rainbow Coalition, NARC in 2002. The victory was hailed as a new dawn that would entrench good governance, equity, rule of law, and human rights. After all, the victory was a culmination of many years of agitation against KANU dictatorship. Furthermore, NARC was a mass movement with national appeal and led by renowned anti-establishment politicians, civil society, and activist intellectuals and clergy. But, these aspirations would be betrayed by fragmentation of elites in NARC and re-invention of corruption by the same elites. This paper investigates the ramifications of the NARC collapse to the country’s post-Moi democratization process, more so the diminished role of intellectuals in public discourse. The paper demonstrates the urgent need for organic intellectuals and the way forward.     

民国时期集体劳动合同立法述论 —— 以 1930 年《团体协约法》为中心

民国时期,通常将个别劳动合同称为劳动契约,而将集体劳动合同称为团体协约。中国劳工立 法较迟,团体协约立法则更晚。国民政府有关团体协约的立法最早可以追溯至 1929 年《劳动法典草案》的编纂, 其后在《工会法》起草过程中也有团体契约权的规定。延至 1930 年,国民政府正式颁行《团体协约法》,这是 中国历史上第一部有关集体劳动合同的专门法律。《团体协约法》的出台因应了当时中国工业化过程中劳资冲 突的实际需求,但也不可避免地存在历史局限。     

Meeting development goals: evidence from the Civil Society Education Fund

In recent years, the Civil Society Education Fund has supported national education civil society coalitions (NECs) in low-income countries so that they put pressure on governments and donors to implement the Education for All agenda and the Millennium Development Goal on education. This article draws on literature on global governance as well as on an extensive evaluation of the CSEF to explore the actual contribution of this initiative to the activity of NECs. The article highlights the achievements and shortcomings of the CSEF and includes a set of practical recommendations on the role of global civil society in international development processes.     

This is your afterlife: gender,slavery, and televisual subjection

In 1957 Arries Ann Ward, who was formerly enslaved, appeared on the classic television interview-entertainment program, This Is Your Life. Despite Ward’s practices of refusal, the rare interview enacts an idealization of black female servitude and indebted obligation through performances of affection and racial benevolence. Ward’s appearance effectively works to resolve national crisis produced by widespread images of civil-rights protest and counterinsurgent violence, reifying discourses of American exceptionalism in Cold War context.     

Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

Trading in development: norms and institutions in the making/unmaking of European Union–African,Caribbean and Pacific trade and development cooperation

This paper offers a contribution to recent debates on European Union (EU) external trade and development policy, with a specific focus on the African, Caribbean and Pacific (ACP) group of countries. The question asked is why the EU encountered such difficulties in the attempt to translate its normative preferences for freer trade and closer economic integration into a series of binding agreements? Drawing on both economic constructivist and historical institutionalist insights, it is argued that the case for reform initially rested on a strong convergence between institutions and ideas, enabling the EU to discursively present desired policy reforms as necessary to satisfy World Trade Organisation trade rules. However, in due course, the institutional dynamics behind the latter began to diverge from the EU's policy preferences and blunt its norm-based argument – thus creating the space for transnational coalitions to, first, question and, ultimately, undermine aspects the EU's trade and development prospectus for the ACP.     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

民法总则民商主体界分的制度缺陷与完善思路

民法总则关于民商主体界分的整体制度设计因自然人与法人的不同而分别遵循了不同的逻辑标准,但都直接体现或隐含了“营利性目的”的内涵。民法总则民商主体界分制度在概念使用和标准贯彻上存在逻辑缺陷,进而导致实践中可能面临诸多难题。可行的完善思路是对商自然人的主体制度建构采取由基本法确立营业权和由单行法规定具体规则的方式;用“组织”作为主体概念统领“法人”和“非法人组织”;将商组织的具体制度纳入民法典专编或者商事基本法加以规定,并且在民商主体界分时采取法律判定与事实判定相结合的模式。     

Why work “at home”? Oxfam’s value-added and the UK Poverty Programme

International development NGOs are in existential crisis. Their legitimacy and added value are increasingly challenged. While scholars have focused on legitimacy, work on “value-added” is scarce. In particular, no research addresses the value of domestic programmes to international NGOs. This article rectifies this, focusing on the case of Oxfam GB’s UK Poverty Programme (UKPP). Using empirical research from 35 interviews with Oxfam GB staff, partners and beneficiaries and over 150 archive documents, the article identifies seven assets through which the programme provides value added to Oxfam GB. It highlights the possibility that these could offer insights into the dimensions of future INGOs.     

Towards an era of official (involuntary) accountability of NGOs in India

In the recent past, governance reforms in India have resulted in the government and corporate sectors making serious efforts to enhance and showcase their accountability to their principals, namely citizens and shareholders. Similarly, NGOs have been pushed to demonstrate their accountability to multiple stakeholders, namely donors, communities and most importantly, the state. This viewpoint highlights this transition and also reflects on the changing contours of NGO accountability debates in India.