Fighting rural poverty,inequality and low productivity through legal empowerment of the poor

The purpose of this essay is to introduce the work of the Commission on Legal Empowerment of the Poor (CLEP) to the broader academic community interested in the challenge of eradicating rural poverty and promoting the structural and institutional changes which underpin such a challenge. While rural development research in the past has included work on several components of the legal empowerment of the poor (LEP) agenda such as property and labour rights, much less attention has been given to the other two pillars of the framework – access to justice and rule of law and business rights – which together constitute the four pillars of LEP. However the real difference and value added is the power of the systemic interaction among the pillars and the empowerment approach to change. In this approach, change is initiated bottom up with legal identity, organisations, information, and voice of the poor. In other words an active citizenry, complemented by a democratic and effective state. None of this happens naturally as vested interests and skewed power and asset relationships are bound to get in the way of change to greater equity. Such change is only likely to come through iterative contestations between organisations of the poor, the middle class, and the state. This approach is not presented as a panacea but one which will hopefully complement and accelerate what is already working.     

La cooperación internacional para el desarrollo de México Un análisis de sus acciones,institucionalización y percepciones

The Mexican Law of International Development Cooperation (lidc) was published in 2011 with the purpose of reinforcing the institutional framework and developing a State policy as an activity that is inherent to foreign policy. From an institutional perspective, this paper examines some key aspects of Mexican cooperation that were developed in 2011–2014, with an emphasis on the current status of the lidc implementation. It is argued that during Felipe Calderon's administration the utter applicability of the Mexican lidc was not politically supported, thus frustrating the expectations concerning the development of a State policy on this matter. President Enrique Peña Nieto's current administration has made some progress in this direction, but it is also far from fully complying with the lidc and this has slowed down the institutionalization process of international development cooperation.     

The fractured state in the governance of private game farming: the case of KwaZulu-Natal Province,South Africa

Conversion from livestock and/or crop farming to game farming has been a notable trend on privately owned land in South Africa over the last decades. The rapid growth of wildlife ranching is associated with an annual increase in the areas enclosed by game fences and high demand for wildlife which is being traded privately and at wildlife auctions. Key environmental, agricultural and land reform legislation has been passed since 1994 that impacts this sector, but this legislation does not provide a clear regulatory framework for the game farming industry. This article seeks to understand why game farming is thriving in a regulatory environment plagued with uncertainty. The focus is on one province, KwaZulu-Natal. It is clear that the state is not a homogeneous and monolithic entity applying itself to the regulation of the sector. There is no clear direction on the position of private game farming at the interface of environmental and agricultural regulations. The argument put forward is that the fractured state, in fact, provides space within which the game farmers are able to effectively manoeuvre and to maximise their advantages as private landowners. While game farmers may complain about strict wildlife regulation in the province, the benefits they gain from the combination of a divided state and the presence in this province of a strong, autonomous conservation body are considerable.     

Local Government and Local Governance: 1944–2011

Abstract

Since the establishment of the tri-partite system of state education after the Second World War, the once simple relationships between central government and local government and the individual school have become increasingly complex. This article considers the key governance issues for schools and colleges in England and how they have been affected by the redistribution of power between central government and local government. The principal foci are the main legislative changes and the impact they have had on the respective powers and responsibilities of central government, local government and schools and colleges. The radical developments since the formation of the coalition government in May 2010 have accelerated the shift of power to central government from local government and by the end of the first term of the coalition the local authority will have little more than a vestigial role in the provision of secondary education and a diminishing role in primary and special education. As academy status becomes the norm (as it already is for secondary schools in some authorities) central government will be dealing directly with autonomous schools and academy chains. With more schools directly employing staff and with funding levels set nationally, the pattern and nature of public education will have been irrevocably changed.     

Trends in Governance in Further Education

Abstract

The governance of further education colleges has two main phases since the passing of the Education Act 1944 – the period when further education colleges were under local authority control and the period from ‘vesting day’ on 1 April 1993 when colleges became incorporated and further education corporations were formed as charities. This review is primarily concerned with the landscape of college governance since 1 April 1993 and draws upon some of the very limited number of research studies into the practice of further education governance. The experience and contribution of the key governance players – chair of the corporation, governors, the principal, the senior staff, the clerk to the corporation – are discussed. Throughout the period since 1993, college governance has operated within a policy framework provided by government and, to a greater or lesser extent, the implementation of those policies by agencies of government. In simple terms, the pattern may seem to be creativity (in the early years), compliance (following some high profile college governance collapses), micro-management (through the Learning and Skills Council years) and now the most open, imaginative phase as the current government encourages the strong colleges to play a bigger part in local education provision. Perhaps now is the time when the experience of college governance to date is able to draw upon its considerable strengths and show what the accumulation of governance capital can achieve.     

全球化进程中法治基础的转变——以世界主义民主理论的全球治理为出发点

全球化进程使以主权国家为核心的世界秩序发生变化,以世界主义民主理论为基础的全球治理理论的兴起给传统法治理论提供了新的研究思路。在全球化背景下,从世界主义民主的视角来看待法治理论所面临的问题,就是要重新审视全球化背景下民族国家法治的政治基础问题,这也是中国法理学面临的重要问题。     

Limits to non‐state market regulation: A qualitative comparative analysis of the international sport footwear industry and the Fair Labor Association

Non‐state market regulation has become a central focus and continues to receive scholarly attention. The present paper provides an assessment of the conditions under which multinational firms join a multi‐stakeholder certification initiative. The cases of the Fair labor Association and 17 international sport footwear companies have been selected for this purpose. A Qualitative Comparative Analysis of the 17 cases is performed. The paper argues that the combination of sustained NGO pressure and public ownership of a firm is a necessary precondition for firms joining a multi‐stakeholder certification initiative. The theoretical and policy implications of this result are discussed.     

Two hypotheses about the emergence of a post-national European model of citizenship

Citizenship is not just a status (defined by a set of rights and obligations), it is also an identity that expresses membership in a political community. It also has a substantive political dimension of active participation in the public sphere. Traditionally, collective identity and the membership dimensions of citizenship have been seen as intrinsic to the nation-state. The processes of globalization that have undermined the sovereignty of the nation-state make it necessary to reconceptualize citizenship in light of a ‘post-national’ framework. At the same time, however, the ‘culturalization’ of the social and the ‘multiculturalization’ of societies are putting into question the homogeneity of a collective identity. According to a recent hypothesis, a new post-national model of citizenship is emerging, one of European construction. In seeking to explore this position, the paper advances two additional hypotheses: (i) EU policy-making and governance are likely to foster a post-national European civil society with multi-level citizenship participation; and (ii) European anti-discrimination regulations are likely to accelerate the emergence of an alternative model to multiculturalism that can address differences within a universal framework of rights.     

社会资本：农村基层公共服务供给体制创新——以汕头市C村为例

随着税费改革的完成,农村追入後农业税收时代。大多数乡镇基层政府陷入“财空、责大、权小”的治理困境,其提供公共服务能力追一步弱化。因此,如何克服国家制度的有限性,发挥体制外精英提供公共服务的积极性,成了我们研究的课题。汕头市C村农村公共服务的成功做法一政府与社会力量借助社会资本合作互动,增加公共服务供给总量,对其他农村地区公共服务的提升具有借鉴意义。     

执政合法性的一般理论及其启示——执政党建设的全球化视角

执政合法性问题不是一个法律概念,而是一个政治概念。任何政党在执政后都有一个执政合法性的问题。西方国家在实践中形成的执政合法性理论,对当代中国共产党具有借鉴意义。增强执政基础,不能单纯依靠经济发展,必须同时解决好政治、文化和社会发展问题,处理好合法性与合法化、合法性与有效性、合法性与合道义性的关系。