民间对日索赔与中国实施外交保护的可行性

基于人权的推动,传统外交保护的国家自由裁量特征开始发生转变。这既是义务限定,也是权利工具。至于民间对日索赔,中国政府无论是在法理基础上,还是在政治基础上,都具备了实施外交保护的可行性。     

Employee benefits,migration and social struggles: an Indian coalfield, 1895–1970

ABSTRACT

During 1895–1970, in the Indian coalfield of Jharia, circular migration of the mineworker coexisted along with the fact that workers became regular over time. This article suggests that the development of employee benefits influenced the patterns of migration and settlement of workers. Employers, guided by a new industrial sensibility, came up with specific employee benefits, with an objective of continuous production from a group of settled workers. The workers’ approach to social security and the pressure exerted by them shaped the expansion of employee benefits. My finding takes an issue with the thesis of cheap migrant labour. The latter argument has insufficiently revealed the actual preferences of employees. My work critiques another thesis which suggests that workers maintained a preference for investment in rural homesteads; therefore choosing to remain oscillating migrants. My study suggests that workers developed a notion of the civilised and human form of life from the 1920s onwards. The self-respect campaign amongst the unprivileged caste groups, the movement for industrial democracy and national reconstruction and the International Labour Organisation’s (ILO’s) advocacy of civilised and human life for workers, gave a spur to new reproduction preferences. Now, they sought employee benefits regarded as necessary for a dignified living.     

Do the illegal and legal rents of politicians affect municipal election outcomes? Empirical evidence

This paper aims to analyse whether illegal (corruption) and legal rent extraction (high politicians’ wages) affect electoral outcomes at municipal level. We use an initial sample of 145 Spanish municipalities over 50,000 for two electoral periods: 2004–2007 (before the crisis) and 2008–2011 (during the crisis). Our findings show that neither illegal nor legal rent extraction impact on re-election in non-crisis times. However, we observe that citizens penalize legal rent extraction in the ballots during the crisis. Regarding the economic performance of the local governments, we find that its effect on re-election is important in non-crisis period. Nevertheless, in time of crisis, given that the economic situation is bad in general in the country, voters pay less attention to economic factors and focus on politicians’ behaviour.     

Weak states and uneven pluralism: lessons from Mali and Kyrgyzstan

We argue that certain important democratic practices and elements of pluralism are lasting features of political systems in many poor countries. Because of state weakness, such arrangements work to the benefit of both elites and citizens. The broader citizenry and civil society enjoy significant political freedoms and greater access to foreign aid. Elites tolerate these limited civil liberties and regular elections because they produce few costly consequences due to state incapacity. We evaluate this theory of ‘uneven pluralism’ in poor countries using evidence from a paired comparison of Mali and Kyrgyzstan. These two countries have experienced significant political turbulence, but on balance have shown a persistent and robust commitment to a free press, transparent elections, and respect for freedom of association. Our theory suggests that uneven pluralism is likely to continue in countries like Mali and Kyrgyzstan, even as significant limits on judicial independence, persistent corruption, and lack of government transparency make democratic consolidation unlikely.     

On our terms! How domestic elites localised the International Commission Against Impunity in Guatemala

Abstract

In summer 2004, an UN-sponsored international rule of law commission based on an initiative of the Guatemalan human rights community was rejected by Guatemalan political elites. In 2007, a new version, the International Commission against Impunity (CICIG), was approved by the Guatemalan Congress and has since been active in the country, supporting the modernisation of the Guatemalan judicial system and the investigation and prosecution of criminal networks. The CICIG has been hailed as part of a new generation of rule of law promotion that addresses the problems of post-conflict states. How did this change in elite support come about? Neither increased pressure from the international community nor changes in the elite groups in power can fully explain this shift. Rather, Guatemalan elites actively reshaped the commission; in addition, the human rights community reframed it to better fit the risk perceptions of the general public.     

Government and Corruption: Scylla and Charybdis

Using public sector employment and corruption perception data for 72 countries across the world, this article demonstrates that despite common notion countries with “smaller” governments do not tend to have lower corruption. Under general assumptions, one can demonstrate that there is an optimal size of public sector employment corresponding to the highest capital intensity. The model has several implications: lower optimal sizes of governments for labor intensive countries and higher sizes for capital intensive ones, possibility to reduce corruption paying a cost of suboptimal output, and a higher “price” of an oversized government for labor intensive countries.     

“Value Grabbing”: A Political Ecology of Rent

This paper aims to redress the under-appreciated significance of rent for political ecological analysis. We introduce the notion of value grabbing, defined as the appropriation of (surplus) value through rent. A concept that is analytically distinct from accumulation, rent is both a social relation and a distributional process that is increasingly central to the reproduction of contemporary capitalism. Emphasis is placed on the “grabbing” of value in order to shed light on the processes at work by which surplus value is distributed unevenly between different classes and fractions of classes. A focus on rent within political ecology, we argue, can help us distinguish between two organically related but analytically distinct “moments”: (a) the creation of property rights that establish rent relations and (b) the struggle over the appropriation and distribution of surplus value generated by the rent relation itself. We explore some of the implications of this perspective for understanding new forms of socio-ecological struggles and their varied relations to the state. We maintain that a value-grabbing perspective has far-reaching consequences for political ecology, as it provides a sharp conceptual tool for situating a wide range of socio-ecological conflicts and movements as class struggles over value appropriation and distribution.     

Preventing Corruption Risk in Legislation: Evidence from Russia,Moldova, and Kazakhstan

ABSTRACT

Corruption risk assessment of draft laws and other normative acts is a relatively new instrument in the anti-corruption strategies implemented by developed nations, countries in transition, and the developing world. In connection with this, any practical experience accumulated in this area presents obvious interest. The analysis of such experience may allow to identify what works and what does not work in introducing the practices of anti-corruption screening of draft laws and other normative acts in various environments and settings, as well as contribute to dissemination of best practices in the countries of the region and elsewhere.

This article seeks to analyze and demonstrate the extent of practical implementation of corruption risk assessment of draft and enacted legislation in three post-communist countries, the problems encountered and solutions identified. Proceeding from this analysis, certain recommendations for practitioners in this field are formulated.     

The political and economic causes of satisfaction with democracy in Spain – a twofold panel study

This study tests the links between political and economic performance and satisfaction with democracy (SWD) in Spain. Contrary to the dominant theoretical paradigm that explains the aggregate evolution of and the individual-level differences in SWD mainly by means of economic factors, the article presents evidence that evaluations of the political process are equally relevant to account for both changes in individuals’ SWD over time and the evolution of SWD at the national level. Unlike most existing literature, this study supports its argument by combining analyses of a micro-level panel dataset (CIUPANEL) and of a pooled aggregate-level panel dataset based on the Spanish samples in the Eurobarometer and the Latinobarómetro between 1986 and 2014.     

Following the donor-designed path to Mozambique’s US$2.2 billion secret debt deal

Strenuous efforts by donors and lenders over four decades turned Mozambique from a socialist success story into a neoliberal capitalist one. The private sector dominates; a domestic elite dependent on foreign companies has been created. But a secret US$2.2 billion arms and fishing boat deal involving Swiss and Russian banks and Mozambican purchases from France, Germany, and Israel, with large profits on all sides, was a step too far down the donor’s capitalist road. The International Monetary Fund cut off its programme and western donors ended budget support.