War and Democratization: Legality,Legitimacy and Effectiveness

Promotion of democracy in post-war and post-conflict societies became a hot topic during the 1990s. External actors linked their peace-building efforts to the promotion of democracy. Four modes of promotion of democracy by external actors can be distinguished: first, enforcing democratization by enduring post-war occupation (mode 1); second, restoring an elected government by military intervention (mode 2); third, intervening in on-going massacres and civil war with military forces (‘humanitarian intervention’) and thereby curbing the national sovereignty of those countries (mode 3); and fourth, forcing democracy on rogue states by ‘democratic intervention’, in other words, democracy through war (mode 4). In this special issue we consider the legality, legitimacy, and effectiveness of the four modes where the international community of states not only felt impelled to engage in military humanitarian or peace-building missions but also in long-term state- and democracy-building. All cases analysed here suggest that embedding democratization in post-war and post-conflict societies entails a comprehensive agenda of political, social, and economic methods of peace-building. If external actors withdraw before the roots of democracy are deep enough and before democratic institutions are strong enough to stand alone, then the entire endeavour may fail.     

Open-source intelligence and privacy by design

As demonstrated by other papers on this issue, open-source intelligence (OSINT) by state authorities poses challenges for privacy protection and intellectual-property enforcement. A possible strategy to address these challenges is to adapt the design of OSINT tools to embed normative requirements, in particular legal requirements. The experience of the VIRTUOSO platform will be used to illustrate this strategy. Ideally, the technical development process of OSINT tools is combined with legal and ethical safeguards in such a way that the resulting products have a legally compliant design, are acceptable within society (social embedding), and at the same time meet in a sufficiently flexible way the varying requirements of different end-user groups. This paper uses the analytic framework of privacy design strategies (minimise, separate, aggregate, hide, inform, control, enforce, and demonstrate), arguing that two approaches for embedding legal compliance seem promising to explore in particular. One approach is the concept of revocable privacy with spread responsibility. The other approach uses a policy mark-up language to define Enterprise Privacy Policies, which determine appropriate data handling.     

Actively Cultivating Policy Similarity. A Regional Strategy in Education Policy in France and Germany

Regionalization processes across Western Europe have triggered analyses of regional policy divergence. Yet, in a number of cases, regional governments appear to have deliberately strived to achieve policy conformity. Previous research tends to emphasize exogenous explanations of regional policy convergence. In contrast, this paper addresses the issue of regional policy convergence by focusing on endogenous explanatory factors. Its objective is to carry out an investigation of when, how, and with what effect a ‘desire for conformity’ arises, and contends that regional governments may actively cultivate policy similarity as a strategy to develop or secure their policy capacity. Specifically, the paper argues that the adoption of this strategy is contingent upon two requirements that may or may not be met, and that its outcome is the convergence on targeted dimensions of regional policies. The two requirements are: (i) a countrywide public preference for policy uniformity in the policy area of concern, and (ii) the presence of a threat posed to regional policy capacity by various political entrepreneurs, including the central state, who blame regions for providing divergent policies on particular dimensions. This paper is based on the comparison of two case studies where regional governments deliberately pursued policy conformity on targeted dimensions of their education policy: school-building policy in France and curricula policy in Germany. The two case studies also present dissimilar features that make it possible to investigate the effects of institutional setting and policy distribution on the adoption and operation of the active-cultivation-of-policy-similarity strategy.     

The OECD and “The Rest”: Analyzing the Limits of Policy Transfer

Abstract

Prompted by the rise of the emerging economies and the growing importance of the G20, the OECD has formally announced its intention of establishing itself as a key actor in global policy coordination. As part of this ambition, it has embarked on cultivating closer relations with five G20 countries it designated as key partners through the so-called “Enhanced Engagement” programme: Brazil, China, India, Indonesia and South Africa. This article mobilizes concepts from the policy transfer literature to explain why the OECD’s attempts to increasingly involve all five countries in its policy have fallen short of its original ambitions, and also why the transfer of its policy work has been uneven across policy and country issue.     

制定我国《药品再评价管理办法》的法律依据及有关问题分析

本文通过介绍我国开展药品再评价的法律依据,探讨制定我国《药品再评价管理办法》的必要性和急迫性,并 就有关实际工作中存在的问题提出了解决建议。     

Policy or person? What voters want from their representatives on Twitter

Social media have the potential to transform democracies as they allow for direct contact between representatives and represented. Politicians can use social media to show their policy positions but they can also give insight into their private lives. Based on survey experiments in Germany and Switzerland we show that social media messages about politicians’ private lives rather deter voters. Instead, we find that voters prefer candidates that communicate policy positions. The effect of a policy-oriented communication style on Twitter can even lead to appreciating a politician from a different party in Switzerland, which has an electoral system that gives a strong incentive to cultivate a personal vote.     

西方政策网络理论研究的最新进展及其评价

近年来西方政策网络理论研究出现了三个明显趋势:1、理论研究上从新制度主义的视角探讨政策网络为什么产生、为什么改变和为什么能够持续的深层理论问题;2、实践问题上重点探讨了政策网络的管理问题,包括政府间网络的管理问题;3、重视政策网络与政策执行效果关系研究.     

Land use and forestry based CDM in scientific peer-reviewed literature pre-and post-COP 9 in Milan

This article explores the science-policy interactions between peer-reviewed literature and decisions and declarations on Land Use, Land-Use Change and Forestry (LULUCF) projects in the Clean Development Mechanism (CDM) taken at Conference of the Parties (COP) meetings. The results are based on a literature analysis capturing 88 articles published from 1997 to 2005. By using a matrix search method and a structured reading form, the method and analysis focussed on whether issues of CDM and LULUCF were presented as ‘supportive of the inclusion of LULUCF’ and ‘critical of the inclusion of LULUCF’. A matrix search method and a structured reading form were applied. Of the 88 articles, 66% included discussions supportive to the inclusion of LULUCF. Forty-nine percent had a first author affiliated in natural sciences. Only 19% had first authors affiliated in developing countries while the same number for contributing authors was 38%. The results show no clear connection between scientific literature and decisions and declarations, but indicate that policymakers set the research agenda by declarations, while researchers feed the process up until decisions are made.

数字经济监管体制创新的导向与路径

数字经济发展求对传统监管体制进行重构,通过监管体制创新来促进数字经济高质量发展.数字经济监管体制创新的基本导向为:始终坚持审慎包容的基本原则,将促进开放共享和鼓励创新作为政策基点、维护市场竞争作为政策重心、确保监管体制与政策动态有效作为政策理念.中国数字经济监管体制创新的基本路径为:建立相对完善的监管法律体系,构建"平...     

民法典视野下担保合同效力的制度变迁

从担保行为历史、担保合同效力立法、司法实践的角度考查,担保制度经历了从人格向契约、再由契约向政策的变迁,各阶段的效力规定均体现了特定的社会背景并具有时代适应性.民法典对保证及物权担保合同中主从合同的效力关系进行了统一规定,其法定主义立场重申了对担保秩序稳定性的价值追求,反映了立法者在面对日新月异的担保现实时追求公平的整...