Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

The economic significance of “insignificant” rules

We know relatively little about the economic effects of “insignificant” rules because they are not typically analyzed. Yet, these rules could be cumulatively important. We provide an economic analysis of one proposed rule to control hazardous air pollutants, which is not considered to be economically significant. This rule is of particular interest because it is one of the first in a long series of rules that Environmental Protection Agency (EPA) will consider for limiting hazardous air pollutant emissions. Our analysis suggests that the proposed controls that EPA has considered are not likely to pass a benefit–cost test. We recommend that an agency base its decision to allocate additional resources to benefit–cost analysis on the expected value of the improved information. In addition, agencies should consider applying a rule of thumb that would specify a threshold level of risk reduction that needs to be achieved before some kinds of regulation are considered.     

Regulating Lobbyists: A Comparative Analysis of the United States, Canada, Germany and the European Union

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation.     

Ghana's foreign policy and transnational security challenges in West Africa

This article focuses on Ghana's security culture as reflected in its foreign policy, and how it has influenced the way the country addresses transnational security challenges in the Economic Community of West African State subregion. In this sense, the article explores some of the linkages between national and subregional security cultures in West Africa and how effectively they have complemented each other in providing a holistic response to the transnational security challenges facing Ghana. The article argues that despite the existence of different subregional conventions and protocols made possible by an emerging subregional security culture, Ghana's strategies for addressing transnational security threats have not gone much beyond the rhetoric of addressing the problems. In reality, transnational criminal activities have not only intensified but have become more challenging. Several factors contribute to this including corrupt leadership and institutional practices, security lapses and lack of interagency coordination, and inadequate resources for addressing the problem. The article calls for adequately equipping the law enforcement agencies and the implementation of relevant laws to facilitate effective responses to transnational security challenges for Ghana and other countries in West Africa.     

Security culture,transnational challenges and the Economic Community of West African States

This special issue explores how one particular regional organisation, the Economic Community of West African States (ECOWAS), has defined certain transnational issues as security threats and how it has addressed them. In this introductory article, we begin by providing an overview and analysis of some of the most important transnational security challenges facing West Africa. Specifically, we discuss some of the problems raised by cross-border insurgencies, health challenges, organised criminal activities, terrorism and environmental degradation. We then examine the different levels at which actors have responded to these challenges. The section ‘Security culture: shaping the Economic Community of West African States (ECOWAS) response?’ sets out our approach to thinking about the concept of security culture and asks whether it might be relevant to understanding how and why ECOWAS has focused on responding to certain transnational security challenges and not to others. The final section provides an overview of the other articles in this issue.     

关于制定《国有企业企业家奖罚条例》的构想

缺乏一支高素质的企业家队伍是当前我国国有企业中遇到的一个严重问题,制定《国有企业企业家奖罚条例》,建立奖罚机制是培育优秀企业家的有效途径之一。《条例》的有效实行还具有推动现代企业制度建设,促进国有资产保值增值和企业技术进步,防止社会不正之风等意义。初步构想的《条例》应该由两两部分内容组成,即确定考核企业家业绩的客观准确的经济指标和具体的奖罚条款。     

中国开拓俄罗斯建筑市场的一面旗帜——对布拉戈维申斯克市华富公司的调查与思考

苏联解体后 ,国内外很多企业家赴俄开拓新市场。由于转轨中的俄罗斯政局动荡 ,经济滑坡、法规不健全等原因 ,企业经营风险很大 ,为此绝大多数企业难以为继并先后离俄回国。中国华富公司却独辟蹊径闯出了一条成功之路 ,成为中国开拓俄罗斯建筑市场的一面旗帜。该公司成功的奥秘是根据俄国国情 ,审时度势 ,适时打好五张牌 :质量牌、信誉牌、经营牌、本土牌和远见牌     

THE SEXUAL SUBALTERN IN CONVERSATIONS “SOMEWHERE IN BETWEEN”: LAW AND THE OLD POLITICS OF COLONIALISM

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains.Review of Ratna Kapur’s Erotic Justice, Law and the New Politics of Postcolonialism, London: Glasshouse Press, 2005, 219 pp., ￡26, ISBN 1-90438-524-9     

对监听措施的法律建构

监听措施是世界各国为应付犯罪形势的变化而发展起来的一种高技术化、高隐密性的强制侦查措施,其出现对于侦查机关打击和惩罚犯罪发挥了极其重要的作用。作为一种重要的技术侦查手段,我国刑事诉讼法也应对其进行必要的规制,以确保在惩治犯罪的同时兼顾保护公民的基本权利。     

论法规批准制度

法规批准制度是指有关主体制定的法规范性文件需经特定主体的批准才能生效的法律制度。现行法规批准制度存在批准范围小、批准程序缺少操作性等不足。完善法规批准制度需合理设置批准范围、完善批准程序等,并对经批准的法规性质进行了法理考察。