Double Punishment for Regional and National Incumbents: The March 2012 Regional Election in Andalusia

Confounding predictions, the 2012 Andalusian regional election resulted in a renewal of left-wing government as the conservative Popular Party failed to obtain an absolute majority of seats. The socialists, who had ruled the region for 30 years, came second but continued in power in coalition with the United Left, which increased its seat share. The article argues that the Andalusian election results should be understood in a multi-level governance perspective. For those who voted for the socialists, the hard austerity policies implemented by the Popular Party central government became more salient than the current performance of the regional government. The behaviour of unemployed voters is also key to understanding the election outcome.     

The Role of the Chemical Weapons Convention in Countering Chemical Terrorism

A series of incidents over the past two decades has indicated that some terrorist groups are interested in acquiring and using improvised chemical devices (ICDs). Although the 1993 Chemical Weapons Convention (CWC) is a disarmament treaty that is legally binding only on sovereign states that join it voluntarily, the Convention fortuitously includes several provisions that can help its members to prevent chemical terrorism or to manage the consequences of an attack. This article examines the articles of the CWC that are relevant to counterterrorism and discusses how their implementation could be improved at the national and international levels. The article also addresses the role that the CWC secretariat, the Organization for the Prohibition of Chemical Weapons (OPCW) in The Hague, currently plays in preventing and responding to incidents of chemical terrorism, and the political factors that constrain its activities in the counterterrorism field.     

Governmental Corruption and Social Change in New Zealand: Using Scenarios, 1950–2020

New Zealand has long enjoyed a reputation as a country with a corruption-free state sector, and ranks very highly on the Transparency International's Corruption Perceptions Index (meaning its corruption levels are perceived to be extremely low). However, there is prima facie evidence to suggest that this situation may be changing, not dramatically but significantly. While the state sector changes of the 1980s and early 1990s may be having some impact on this shift, it also has to be understood in the context of wider societal changes, which are probably more decisive. After some brief conceptual clarification, the article presents three scenarios sketching past (1950s/1960s), present (1990s–2006) and future (2006–2020) social and governmental conditions thought to be relevant to corruption levels.     

Curbing Corruption in India: An Impossible Dream?

This article analyses the serious problem of corruption in India by examining its causes and the various anti-corruption measures employed by the government from the formation in 1941 of the first anti-corruption agency, the Delhi Special Police Establishment, which was expanded to form the Central Bureau of Investigation (CBI) in April 1963. India's ineffective anti-corruption strategy can be attributed to the lack of political will of its leaders and its unfavourable policy context, which has hindered the enforcement of the anti-corruption laws. The lack of political will in fighting corruption is manifested in the lowest per capita expenditure and least favourable staff-population ratio of the CBI when compared to those of its counterparts in Singapore, Hong Kong, South Korea and Thailand. To enhance the CBI's effectiveness, it should be removed from the jurisdiction of the police and be established as an independent agency dedicated solely to curbing corruption. The Constitution of India should also be amended to empower the CBI to investigate corruption cases at the state level without obtaining the consent of the chief minister of the state. In view of the lack of political will, this article concludes that curbing corruption in India remains an impossible dream in the foreseeable future.     

Corruption and Policy Implementation in the Philippines: A Comparative Analysis of the Teacher Training and Textbook Delivery Programmes

Corruption is a perennial obstacle to the Philippines’ pursuit of development. The Department of Education (DepEd) is considered to be one of the most corrupt agencies in the Philippines. However, there are two DepEd programmes with different levels of effectiveness in controlling corruption. The Textbook Delivery Programme has been ineffective while the Programme on Basic Education has been successful. The article explains the different levels of implementing these programmes by using local perspectives via the ‘narratives of implementation actors’. Apart from providing insights on the challenges facing the evolving educational bureaucracy in the Philippines, this article also demonstrates the utility of network actor perspectives in appreciating the many concerns that determine and impede implementation performance and discusses the causes and impact of corruption and policy implementation on two public educational programmes.     

Intercountry Adoption from Guatemala and the United States

Abstract

On October 6, 2000, President Clinton signed the Inter-country Adoption Act of 2000 (H.R. 2909), which represents the United States' implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect on Intercountry Adoption (Joint Council on International Children's Services, 2000). The Ratification of this international treaty came about as increasing attention was brought to the need for greater oversight of Intercountry adopters both into and out of the United States. Over the past decade, the number of United States citizens adopting children from overseas has more than doubled. There are also an increasing number of children who are United States citizens that are being adopted by citizens of other countries. Both the United States and Guatemala have established policies of participation in Inter-country adoption as sending nations primarily to address the problem of how to best care for children permanently separated from their families of origin. However, further analysis indicated that there are problems that these policies indirectly address which are much more complex. The purpose of this paper is to describe and analyze these policies.     

The exclusion of Roma claimants in Canadian refugee policy

The arrival of thousands of European Roma seeking refugee status in Canada elicited a range of legislative and policy instruments that severely restrict their acceptance and create conditions antagonistic to further admissions. Interventions have included visa restrictions, actions by Immigration and Refugee Board, the Balanced Refugee Reform Act followed by the Protecting Canada's Immigration System Act, and ministerial rhetoric about the illegitimacy of Roma as refugees. Other factors have involved interpretations of persecution in relation to the Geneva Convention and Protocol, and the implications of the conditions required for membership to the European Union. These political circumstances in large part determine Canadian acceptance rates for the Roma. Their systematic exclusion is reminiscent of the historical treatment of other groups due to institutional racism. In the new racism, however, refugee law and policy is racist in effect while evading the language of race.     

接轨:挑战与机遇的来临——论加入《联合国反腐败公约》后中国刑事法制的自我调整

我国现行反腐败刑事法律制度与《联合国反腐败公约》存在一定的差距。从实体法方面看 ,该公约对诸多行为的犯罪化态度与我国现行刑法规定很不一致 ;从程序法以及证据方面 ,该公约提出的诸多要求 ,需要我国现行法律积极回应 ;从反腐败国际合作看 ,如何加强国际合作 ,创造稳定的国际合作机制 ,对于我国今后反腐败工作的开展具有重要意义。该公约所建立的诸多机制 ,为我国积极预防和遏制腐败犯罪提供了很大的机遇 ,同时也对我国现行刑事法制提出了挑战。如何根据我国实际与该公约的规定相衔接 ,是我国目前需要认真解决的一大课题。     

当代中国政党关系结构与廉政建设

腐败作为政治毒瘤,是公权力缺乏监督而造成的一种政治后果.民主党派在当代中国政党关系结构的制度设计中,作为一种纠错和鞭策的力量而存在.执政党必须有效地利用民主党派在国家政治中的独特地位,发挥它们的民主监督职能;创新政党监督方式及工作机制,达到制约权力的功效.     

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.