Regulating public procurement in Brazil,India, and China: Toward the regulatory-developmental state

Since the 1990s, emerging economies such as Brazil, India, and China have adopted transparency-enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform-oriented state actors, societal pressure, and lesson-drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA-based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory-developmental layering of rule-based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.     

Uncertainty,institutions and regulatory responses to emerging technologies: CRISPR Gene editing in the US and the EU (2012–2019)

This study aims to improve theoretical accounts of regulatory responses to emerging technologies by proposing a model of regulatory development, which incorporates a role for types of uncertainty and for existing regulatory institutions. Differently from existing theories of regulatory development, the model proposed here posits a sequence of cyclical activities where regulatory responses arise in incremental fashion out of efforts to make sense of emerging technologies and to ponder the applicability of existing regulatory tools. The model is discussed on the basis of the comparison between regulatory responses to the emergence of CRISPR gene editing in the US and the EU in the period 2012–2019. The comparison between the two cases suggests how regulatory responses to emerging technologies are affected by expectations of future technological and regulatory developments and by existing regulatory institutions.     

Judicial review of regulatory decisions: Decoding the contents of appeals against agencies in Spain and the United Kingdom

Despite the important role that courts play to supervise the legality of regulatory agencies' actions, only few comparative studies analyze the contents of judicial appeals against regulatory decisions within European countries. This paper builds on the comparative administrative law scholarship and administrative capacities literature to analyze the content of 2,040 rulings against decisions issued by competition and telecommunications regulators in Spain and the United Kingdom. To understand the substance of the appeals, the study classifies cases according to the alleged administrative principles under breach and the regulatory capacities under challenge. Findings show a clear country-sector variation regarding the information contained in judicial disputes for both dimensions of analysis, which can be explained as a result of existing differences between the institutional settings of courts. These results offer a more in depth understanding of the political role of judicial oversight over regulatory agencies embedded in different institutional arrangements and policy sectors.     

Diffusion,transmutation, and regulatory regime in socialist market economies: telecoms reform in China and Vietnam

Abstract

Marketization and state restructuring are proceeding apace in China and Vietnam. China and Vietnam are not, however, converging upon the global regulatory model, even allowing for customary national variations. Rather, they are building up distinctive forms of regulatory regimes aiming to maintain the party-state's control over key state sectors, while at the same time integrating with the global economy and conforming to international norms and standards. This study argues that the regulatory model being adopted in Vietnam and China is the product of a specific kind of transition from a command to a market economy within an authoritarian political regime. While diffusion theories are of use in identifying external driving forces for the reform effort, these theories are of limited value for unveiling the dynamics of local contexts. Indigenous incentives, opportunity structures, and the experimental nature of public policy explain why, despite their exposure to global reform movements and commitment to multilateral institutions, China and Vietnam are likely to end up not with just a variety of the same regulatory regime, but a different one. The case of telecommunications regulation is used to illustrate this.     

论企业合规的性质

企业合规是企业为实现依法依规经营、防控合规风险所建立的一种治理机制。企业合规只有在法律确立了行政监管激励机制和刑法激励机制的前提下,才能得到有效的实施。在国际经济法律体系中,一些国际组织也将企业合规作为对违规企业解除制裁的前提条件。从历史上来看,企业合规是为保护企业利益而设置的风险防控机制,它所要防控的不是企业的经营风险和财务风险,也不是一般意义上的法律风险,而是因可能受到行政处罚或刑事追究而承担的合规风险。企业合规发展到今天,已经不再仅仅属于企业所要承担的道德义务,而变成了一个涉及多个法律领域的重要法律问题。     

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.     

我国慈善组织法治监管创新机制研究——基于香港地区的经验

目前我国內地慈善组织监管错位、监管缺位、监管模式扭曲、监管法治化程度较低等弊端暴露明显,严重挫伤了公民的慈善热情和慈善信心。香港地区的慈善组织法治监管机制在保持慈善界独立自主的同时,确保其受到高效、公平、适度的监管。內地慈善监管问题的解决,可尝试借鉴香港经验,降低监管门槛,设立权威的专门监管机构,明确监管重点,建立科学的监管模式,强化行业自律,完善立法,提高监管的法治化程度,重塑慈善组织的公信力。     

A TURNING POINT FOR GUOHUA?: XU BEIHONG AND TRANSFORMATIVE ENCOUNTERS WITH THE SOCIALIST SPIRIT, 1933–1953

Abstract

This article investigates a transformative encounter between the Chinese artist Xu Beihong (徐悲鴻 1895–1953) and audiences in the Soviet Union during his 1933–1934 exhibitions of Chinese art in Europe. While Xu was exchanging perspectives and addressing questions about Chinese painting, a misreading of one of his paintings sparked in him a reconsideration of content and form that eventually led to the creation of some of the earliest Socialist realist ink-and-color paintings in China. This addition to his repertoire is arguably more significant to his legacy than his most popular works because of the way it heralded the coming Socialist realist evolution in guohua (國畫 national painting) and the manner in which Xu’s choices would meet the ideological needs of the Communist Party well before it secured authority over the direction of China’s arts. Special attention is paid to situating Xu’s personal work vis-à-vis Republican and revolutionary art and explaining how the concurrent political milieu paved the way for both the prestige of his art in popular and cultural memory and the unprecedented stature of his art education methodologies in China’s revolutionary times.     

Evaluating the Potential of a Web-based Portal to Support the Leverage of Professional Expertise across Local Authority Boundaries

The national strategy for local e-government identifies joining up services and the sharing of information as key components in improving the quality and efficiency of public services. A project to design and evaluate a web-based portal to support leverage of professional health and safety enforcement expertise across local authority (LA) boundaries was undertaken. The project clearly demonstrated that there was support by operational officers for the concept of knowledge sharing but there was limited uptake of the portal, particularly those functions that were designed to facilitate collaborative working. The research identified the significance of management commitment to knowledge sharing and the importance of users understanding the rationale for, and benefits of, engagement with IT systems which are not developed in-house. It also indicated that whilst web-based systems can provide a means by which profession knowledge can be levered across LAs, the complexity of linking over 400 LAs with their pluralistic structures and cultures should not be under-estimated.     

Nuclear Policy and Regulation in Japan after Fukushima: Navigating the Crisis

The aftermath of the Fukushima disaster, the worst nuclear accident since Chernobyl, has seen a public debate emerge over the future desirability of nuclear power in Japan. While Japanese citizens’ suspicion of nuclear power has grown, the nuclear industry and electricity utilities have called on the central government to recommission the country’s reactors amid warnings of devastation for the Japanese economy. This article analyses nuclear policy-making in Japan in the aftermath of Fukushima, with the aim to identify key theoretical, institutional and organisational drivers and constraints to future change in Japan’s nuclear energy policy. Despite the growing anti-nuclear sentiment and concerns about the environmental risks of nuclear power, we contend that the continuing power of vested interests will make it difficult for Japan to completely abandon nuclear power during the course of the next decade. However, given the independence of the newly established nuclear regulator and the fact that an effective veto power is held by local government officials, some of whom are opposed to the recommissioning of nuclear plants in their prefectures, we argue that the nuclear policy and regulatory landscape in Japan will undergo moderate change.