Nation-states,Market-states,and Virtual-states

The advent of a global economic and physical superinfrastructure is in the process of transforming terrorism, guerrilla warfare, and the nation-state. A useful model for understanding this process of transformation is Philip Bobbitt's work, “The Shield of Achilles.” Bobbitt's work demonstrates that the nation-state is in a difficult and dangerous process of transition to a new form of governance, called the market-state, that is built to withstand and prosper despite the pressures of globalization. This process is complicated by the emergence of a vicious asymmetric competitor, in the form of a virtual state that leverages the huge flows of the global criminal economy, combined with the weakness of the nation-state during its phase transition to the market-state. This essay details the structure of this conflict and provides a scenario for its potential outcome.     

How to change other people's institutions: discursive entrepreneurship and the boundary object of competition/competitiveness in the German banking sector

Abstract

The paper explores recent public debates about the structure of the financial system in Germany. It pays particular attention to their symbolic-strategic dimension, that is, to attempts by several institutional entrepreneurs to reformulate the criteria of organizational legitimacy, concentrating on the sense-making and legitimization processes involved in institutional persistence or change. The paper discourse-analyses a campaign by institutional entrepreneurs – mainly representatives of commercial banks – who attempted to homogenize the criteria of organizational legitimacy in the German banking sector by questioning the fundamentals of the three-pillar system and the non-commercial banks. Institutional entrepreneurs are understood as discursive entrepreneurs whose actions refer to institutionalized generalizations of value. In the case of the financial sector in Germany, it was the generalized value of competition/competitiveness that served as a discursive device to legitimize the attempts of commercial banks to alter the institutional structure.     

The governance of the European patent system: effective and legitimate?

Abstract

This article argues that effectiveness and legitimacy are two inseparable issues for the success of economic governance systems. Moving beyond the conventional market failure and state failure approaches, the article develops the notion of network governance success, a notion that looks at the formal and informal dimensions of interactions in economic systems. This is further developed into an analytical framework which is then used in the assessment of the structural features of the current European patent system, one of the most advanced, complex, and contested economic systems in Europe. The conclusions elaborate on the normative implications regarding the current weaknesses of the European patent system, and examine the general theoretical implications of the findings, particularly looking at the effectiveness and legitimacy of technically complex governance systems.     

South Pacific prospects

Aborigines in the Defence of Australia, edited by Desmond Ball. Australian National University Press, Botany NSW, 1991. xxii + 240 pp. ISBN 0–08–034419–4.

The South Pacific: Problems, Issues and Prospects, edited by Ramesh Thakur. Macmillan, Basingstoke, 1991. xvii + 232 pp. £35. ISBN 0–333–55704–2;

Tuturani: A Political Journey in the Pacific Islands, by Scott L. Malcolmson. Hamish Hamilton, London, 1991. 267 pp. £15.99 ($27.70). ISBN 0–241–12905–2.     

State sovereignty,political legitimacy and regional institutionalism in the Asia-Pacific

Abstract

Regional institutions in the Asia-Pacific have been of limited efficacy. Asian members of organizations such as ASEAN and APEC have insisted that these institutions not infringe upon their sovereign rights. The basic norms, rules, structures and practices supporting these organizations have, to varying degrees, reflected this concern. A number of factors contribute to explaining this regional reluctance to create effective multilateral institutions. This paper argues that the single most important factor is the concern of most East Asian states with domestic political legitimacy. Drawing on the work of Muthiah Alagappa and Mohammed Ayoob, the paper demonstrates that a significant majority of the states of East Asia see themselves as actively engaged in the process of creating coherent nations out of the disparate ethnic, religious and political groups within the state. As a result, these states are reluctant to compromise their sovereignty to any outside actors. Indeed, the regional attitude towards multilateral institutions is that they should assist in the state-building process by enhancing the sovereignty of their members. As an exceptional case, Japan has encouraged regional institutionalism, but it has also been sensitive to the weaknesses of its neighbours, and has found non-institutional ways to promote its regional interests. The incentives to create effective regional structures increased after the Asian economic crisis, but Asian attempts to reform existing institutions or create new ones have been undermined by the issues connected to sovereignty. East Asian states recognize that they can best manage globalization and protect their sovereignty by creating and cooperating within effective regional institutions. However, their ability to create such structures is compromised by their collective uncertainty about their domestic political legitimacy. In the emerging international environment, being a legitimate sovereign state may be a necessary prerequisite to participating in successful regional organizations.     

The intimate relationship between security,effectiveness, and legitimacy: a new look at the Schengen compensatory measures

The so-called Schengen compensatory measures such as the Schengen Information System (SIS) or the European Dactylographic System (Eurodac) have been the centre of much attention. However, the research on these security measures has focused almost solely on their effect on liberty, human rights, and the like. Not much attention has been given to the actual effectiveness of the security remedies taken in the European Union (EU) to compensate for the abolition of border controls, despite effectiveness being an obvious source of legitimacy in the realm of security. This article takes a first step in the direction of correcting this neglect and develops the foundations for an analytical framework focusing on effectiveness and legitimacy. The framework is illustrated through a minor analysis of the legal and institutional set-up of SIS and Eurodac as examples pointing to sources of ineffectiveness in the very set-up of the databases.     

Long-term monarchical survival in the Middle East: a configurational comparison, 1945–2012

The survival of eight monarchies during the “Arab Uprisings” has put centre stage the fundamental question about the durability of this subtype of authoritarian regime. Seen from a broader historical perspective, however, the idea that monarchies have an inherent advantage in retaining power is less evident: a number of authoritarian monarchies broke down and subsequently became republics (Egypt 1952, Iraq 1958, North Yemen 1962, Libya 1969, Iran 1979), while others survived (Bahrain, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, United Arab Emirates). To account for these divergent long-term pathways we systematically compare the 13 current and former Middle East monarchies. Using a fuzzy set qualitative comparative analysis (fsQCA), we concentrate on five central explanatory factors derived from previous research – namely, external support, rent revenues, family participation, the monarch's claim to legitimate rule, and hard repression. Our findings highlight the existence of three broad pathways to monarchical survival – linchpin monarchies, like Jordan and Morocco, versus the dynastic Gulf monarchies – and also reveal a possible hybrid third pathway, one which shares linchpin characteristics, but relates to cases on the Arabian Peninsula (Oman and the historical Imamate in North Yemen).     

Restoring (dis)order: Sanctions,resolutions, and "social control" in anarchist communities

This essay explores the restorative implications of anarchist communities through an analysis of processes such as norm formation, sanctioning, conflict resolution, and economic exchange. The study explores ways in which anarchist communities employ various restorative measures to maintain group cohesion and achieve a modicum of social control through the application of natural phenomena such as diffuse power, fluid authority, community consensus and mutual aid. Drawing upon studies of communities manifesting anarchist tendencies--Aincluding utopian experiments, indigenous cultures, and the unique case of the Rainbow Family of Living Light--a picture begins to emerge wherein conceptions of property and the social dynamics that inhere within a community are inextricably linked, suggesting the propensity of anarchist communities to promote an organic synthesis of self, society, and nature. In the end, by exploring tenets associated with the nascent restorative justice paradigm, it is observed that anarchist communities manifest principles that challenge the dominant conceptions of criminality and legality, providing a framework for envisioning models of justice-in-practice that appear on the horizon of possibility and potentiality.     

The Public Legitimacy of the National Assembly for Wales

This article examines the public legitimacy of the National Assembly for Wales. Both the Assembly and the broader system of devolved government for Wales initially enjoyed very limited public support. It is shown that support for devolution in general has risen substantially, while some elements of public attitudes towards the Assembly itself now appear distinctly positive. However, it is also demonstrated that public legitimacy, defined as ‘diffuse support’ for the Assembly, remains limited. The article then examines what factors explain levels of diffuse support for the National Assembly. It is found that variation in such support is best accounted for by factors associated with ‘non-material consequentialism’: perceptions of the impact of the Assembly on the process of government. The conclusion assesses the implications of the findings for the National Assembly, as well as for the study of devolution and political institutions more generally.     

论公众参与及其行政立法的正当性

行政立法虽然是当今世界社会发展的普遍现象 ,但是由于行政立法机关不是由民选代表组成 ,缺乏民意基础 ,因此需要公众参与行政立法促进行政立法的民主化。只有公众参与 ,行政立法才能获得民主正当性 ,行政立法程序才可能构成正当程序。公众参与必须符合自愿、平等、有效的实质要求。我国行政立法程序应当提高立法层次 ,强化公众参与制度 ,提高行政立法程序的民主化程度。