Regulatory Competition: A Private International Law Approach

This article analyzes the regulatory competition model (RCM) from a private international law perspective. This perspective helps us identify and resolve two gaps in the standard explanation of the RCM. According to the standard explanation, two conditions must be fulfilled for the market of legal products to function well: (1) free movement of resources (persons, capital, and goods); (2) the absences of cross-border externalities. In relation to this second condition, the standard model argues that a uniform material rule is necessary to overcome cross-border externalities. The main thesis of this article is that a private international law approach can complete this model by adding two ideas. First, a smooth functioning of the market-of-legal products requires, not only the free movement of resources, but also a uniform private international law system which guarantees the autonomy of the parties (free choice of law) and the procedural implementation of this autonomy (free choice of forum and free movement of judgments). And second, a uniform material law, which wipes out the regulatory market, is not essential to deal with the externality problem; rather a uniform conflict-of-laws rule, which leads to the internalization of cross-border externalities by states, can correct at least some of the externalities problem and also maintains the regulatory market.     

On the Way to Limited Competitiveness: Political Consequences of the 2011 Electoral Reform in Hungary

This article tests the effects of a new electoral system in Hungary that was introduced by the governing FIDESZ party in 2011. We are especially concerned with the shape of single-member district (SMD) level electoral competition following a significant transformation that tends to be viewed as serving FIDESZ's goal of preserving its constitutional majority. The results show not only transformation of Hungarian electoral politics between 2010 and 2018 elections but also the fact that the return of bipolarization is far from reality in Hungarian electoral politics. On one hand, the reform resulted in an increased number of districts with clear dominance of the two strongest parties nationally, but on the other hand, this trend was connected to asymmetrical bipartism, with clear advantage of the FIDESZ. Furthermore, there was a persistently high number of SMDs where the competition took place between the FIDESZ and one of the third-place parties.     

The impact of ideological positions and personal attributes of candidates in intraparty competition: A study under the Swiss open-list PR System

Intraparty preference voting systems offer different incentives for candidates to cultivate a personal vote, but little is known about how the candidates' policy positions affect their electoral success in intraparty competition. This article analyses the effect of candidates' ideological positions and personal attributes on their preference vote share in the 2015 and 2019 Swiss Lower House elections. We used candidate survey data combined with official election statistics. Our findings demonstrate that the ideological distance between candidates' positions and their party's median position is of minor importance for their electoral success when compared to their personal attributes. However, ideological distance between candidates and their party's median position reduce their preference vote share.     

Fabricating votes for Putin: new tests of fraud and electoral manipulations from Russia

We extend the “fraud forensics” research to systematically explain precinct-level and regional variations in electoral manipulations in Russia’s March 2012 presidential election. Parametric last-digit frequency tests (a multivariate extension of last-digit tests) are employed to analyze fraud heterogeneity during the vote count stage. We also utilize author-assembled data harvested from the election monitoring non-governmental organization Golos’s regional reports of misconduct to explore the co-variance of last-digit fraud with other irregularities extending beyond the falsification of electoral records. We find that while higher regional education levels positively correlate with exposure of electoral malpractice, an educated populace may also incentivize regional officials to channel misconduct toward election-day fraud – perhaps because pre-electoral manipulations would be more visible to the public than tampering with ballots, and thus, more vulnerable to exposure. Furthermore, last-digit fraud is associated with (a) fake turnout counts; (b) fake votes disproportionally benefitting Putin; and (c) vote “re-distribution” whereby votes cast for some candidates are systematically miscounted. We also find that citizen reports of election-day misconduct are positively correlated with our region-specific last-digit fraud measures. The results indicate that reports by independent observers of sub-national electoral irregularities could be employed as reasonably reliable indicators of fraud, and could be utilized alongside other data to ascertain the incidence of misconduct in Russia and other settings.     

How do MPs in Kosovo develop constituency links? A comparison of MPs’ behaviour under closed-list and open-list PR electoral systems

While studies among established democracies suggest MPs’ incentives to develop close links with their constituents are hardly determined by the electoral system, very little is known about MPs’ incentives to establish such links outside these countries. Looking at the case of Kosovo, as a newly democratic country with a low level of party system institutionalization, this article examines the extent to which its MPs develop close links with their constituents. Through interviews, the article compares MPs’ behaviour under closed-list PR system which was used in the 2004 elections and open-list PR system which was used both in the 2007 and 2010 elections. The main argument is that due to the weak nature of the party system institutionalization, MPs elected under open-list PR system, where there is intra-party electoral competition, will develop closer links with their constituents than those elected under closed-list PR, where such intra-party electoral competition is absent.     

环境保护与国际贸易的相互影响

贸易与环境的关系因全球经济贸易和环境问题的发展而更加重要。我国作为世界贸易组织的新成员和对外贸易迅速发展的发展中大国,贸易发展与环境保护的问题更加突出。本文重点从经济学的角度,探讨环境因素对国际贸易中比较优势和竞争力的影响以及国际贸易对环境造成的影响。     

知识产权与垄断的规制

知识产权作为一种无形财产权,本质上就是一种具有垄断性质的权利,它的运行机制中包含了垄断的诱因。文章通过研究知识产权导致垄断的内在诱因及其各种表现形式,从知识产权外部规范和内部自我约束机制的设计两方面提出了解决知识产权所引发的不正当竞争的法律对策。     

Careless with Our Democracy: Group Think and Voting Reform

The Representation of the People Act 2000 introduced what has come to be known as 'voting on demand'. In the process it paved the way for an absentee ballot system in Britain that would, in the words of the judge who heard two extraordinary electoral fraud cases in Birmingham in February and March 2005, disgrace a banana republic. Flaws in the policy making process that preceded the largely uncritical acceptance of universal access to postal votes were also exposed by failures to respond quickly to allegations of fraud and to detailed Electoral Commission recommendations aimed at improving ballot security. These failures raise serious questions about the prevalence of 'group think' in Whitehall and Westminster. The narrowness of Labour's General Election victory in votes, though not in seats, means that doubts about the integrity of Britain's voting arrangements threaten to reinforce a general loss of confidence in British politics.     

The political economy behind the gradual demise of democratic institutions in Serbia

ABSTRACT

This paper aims to accomplish two goals. First, to present recent empirical evidence supporting the claim that Serbia is on the path towards embracing a more radical version of electoral authoritarianism. This is accomplished by examining most recent illiberal politics aimed at controlling electoral processes and the media sphere, and extracting public funds for partisan purposes. I claim that the incomplete design of democratic institutions in Serbia set up between 2001 and 2012 is primarily responsible for the democratic decline. The second goal is more general and aims to emphasize the importance of extracting public funds for hybrid regimes. Extractive institutions matter because they directly impact other critical segments of electoral authoritarianism (notably, elections and media freedom), but also because they explain the type of leadership they promote in politics. If public resources remain without proper institutional oversight and are simply ‘up for grabs,’ this will attract leaders more willing to dismantle democratic institutions and violate democratic procedures. Serbia serves as a good and current example of this linkage.     

中美贸易摩擦中的法律战--从不可靠实体清单制度到阻断办法

中美贸易摩擦有明暗两条主线。明线是两国政府就贸易摩擦所涉议题展开谈判,以期达成协议,解决贸易争端;暗线是中美之间就制裁和反制裁、遏制和反遏制展开的法律战。法律战是中美贸易摩擦所呈现的国家之间的法律和制度之争,是美国法律霸权主义背景下中国参与国际经济治理无法回避和必须回应的法律竞争和法律反遏制。法律战的工具具有多元性,这导致法律战呈现出复杂性。以长臂管辖和次级制裁为主要特征和核心的法律战对于中国完善国内法和参与国际法实践提出了更高的规则和制度要求。以不可靠实体清单制度和阻断办法为代表的法律战需要实体法、程序法、国内法、国际法多重要素的整体配合,才能达到政策目标。