On Trojan Horses and revolving doors: Assessing the autonomy of national officials in the European Commission

National officials working in international bureaucracies regularly invoke the fear that member states strategically use such officials for influencing decision making and agenda‐setting to their advantage. This article theoretically analyses conditions under which the autonomy of national civil servants in international bureaucracies might become compromised. The ensuing predictions are then tested using a unique survey among seconded national experts (SNEs) in the European Commission (N ≈ 400). Finally, evaluating the characteristics linked to reduced autonomy among SNEs in the Commission, the article illustrates that these officials are, in practice, likely to be relatively independent from member state influence.     

国家治理现代化视阈下的法律、道德与组织规范关系

国家治理现代化须以系统完备、科学规范、运行有效的规范体系为基础。而法律、道德和"组织规范"共同构成现代社会的规范体系。因而,高度重视"组织规范"并正确处理好它与法律道德的关系,就显得十分重要。"组织规范"具有民间性、自主和自治性,有权制定并实施"组织规范",约束组织本身及其成员的相关行为。这些"组织规范"上承法律下接道德,但又不是照抄照搬,而是依"法无禁止即可为"原则独立存在。在中国继续深化改革和努力实现国家治理现代化的背景下,有必要重新认识三大基础规范的关系,从而有效发挥"组织规范"的作用,构建良好社会秩序。     

‘Donors are not interested in reality’: the interplay between international donors and local NGOs in Kyrgyzstan's HIV/AIDS sector

This article explores the interplay between international donors and local NGOs in Kyrgyzstan's HIV/AIDS sector. It argues that donors have transposed ready-made policies without sufficient consideration of the local context and that NGOs have responded strategically, adapting their proposals and reports to the expectations of donors. This complex interplay has resulted in unintended consequences that have undermined an effective response to the HIV/AIDS epidemic. It has given rise to ‘virtual realities’ detached from developments on the ground. The funding system has also led to corruption and misappropriation of funds and the failure of NGOs to become sustainable. Largely bypassing the state in the allocation of funds, international donors have also undermined an already weak state.     

Norms,Behavioral Compliance,and Status Attribution in International Politics

Extant work on status attribution has largely focused on major powers or state capabilities as key explanatory factors driving these social processes and suggests that status considerations increase conflicts between states. We argue for a more comprehensive approach to status attribution that considers international norms as another major factor that is weighed in the attribution process. We contend that states (policymakers) evaluate one another not only on the basis of economic and military capabilities but also on the extent to which there is behavioral conformance with normative expectations and reward one another dependent upon whether these expectations are met. However, this attribution of status is dependent upon the level of contestation pertaining to that norm. Using a data set that assesses consistency with six different norms (resource transference, multilateralism, economic liberalism, democratic governance, respect for human rights, and peaceful dispute resolution), we find that status attribution is associated with norm-consistent behavior but only when these norms are uncontested at the global level.     

Investment Treaty Law and the Fear for Sovereignty: Transnational Challenges and Solutions

This article addresses the vagueness, and the interpretative challenges associated with, international investment agreements (IIAs) and develops a new normative framework for interpreting these treaties. It focuses on the historical embedding of investment protection as a means of facilitating economic development as well as upon its synthetic public law nature. The analysis shows that a teleological approach to interpretation imposes boundaries on the meaning of substantive IIA provisions. The article then elaborates how the transnational dimension of IIAs provides a benchmark, which is the level of protection offered to economic actors against interference by the state in countries with the highest rule of law standards. The article then shows how the resulting challenges of comparative public law could be addressed through the methodology of re‐ and pre‐statement of transnational uniform ‘principles’: sophisticated and detailed rules striking the proper balance between private economic interests and the public regulatory interest, so as to provide more legal certainty for both investors and host states.     

Intervention at Risk: The Vicious Cycle of Distance and Danger in Mali and Afghanistan

In crisis-hit countries, intensive risk management increasingly characterizes the presence of international interveners, with measures ranging from fortified compounds to ‘remote programming’. This article investigates the global drive for ‘security’ from an ethnographic perspective, focusing on Afghanistan and Mali. By deploying the concepts of distance and proximity, the article shows how frontline ‘outsourcing’ and bunkering have generated an unequal ‘risk economy’ while distancing interveners from local society in a trend that itself generates novel risks. To conclude, the article asks whether alternative forms of proximity may help to break the vicious cycle of danger and distance at work in today’s crisis zones.     

Timing as a source of regulatory influence: A technical elite network analysis of global finance

Rules governing the international financial system are the subject of some of the most intense distributional battles waged in any area of global governance. Who wins and who loses such battles – and why? I develop a novel analytical framework – technical elite network (TEN) theory – which explains the widely varying levels of influence that stakeholders enjoy over global financial standards. TEN theory draws attention to how issue‐specific characteristics of international finance – in particular, its highly technical and complex nature – shape the distributional consequences of global regulatory processes. It posits that such characteristics influence distributional outcomes by (i) affecting who claims first‐mover position and, thus, sets the agenda in global financial rulemaking, and (ii) ensuring that proposals made by first movers are increasingly difficult to alter at later stages of rulemaking. I provide empirical evidence for the theory by examining two regulatory regimes that are central to the efficiency and stability of the global financial system: the Basel Committee on Banking Supervision and the International Accounting Standards Board.     

Migration Pessimism and the Subjective Well‐Being of Migrant Households in Mexico

A new migration pessimism argues that the economic benefits of international labour migration for migrant households may not justify the social costs. This article provides a test of this argument based on the author's survey of 304 households in Jerez municipio (municipality), Zacatecas, Mexico, in 2009. The results indicate that active households (those with at least one migrant abroad) perceived their economic situation to have improved more, but both their social cohesion and their happiness to be less than those of non‐active households. Social cohesion (family unity and maintenance of values) is shown to be pivotal in the happiness differential enjoyed by the non‐active households.     

How Should We Reward A Hero?

正Dear Readers,Forum is a column that provides a space for varying perspectives on contemporary Chinese society.We invite you to submit personal viewpoints on past and current topics(in either English or Chinese).     

国际惯例在涉台民商事案件中的适用

中国大陆法院审理涉台民商事案件可以适用国际惯例.在争议问题的准据法为大陆地区法律,而大陆地区法律没有相关规定,国际上对于争议问题存在国际惯例的情况下,法官决定是否适用该国际惯例.涉台案件的当事人也可以选择适用国际惯例.国际惯例一般适用在涉台货物买卖、运输、保险、支付、结算等方面,且受国内强行法、公共秩序保留等限制.统一实体私法条约可以作为“国际惯例”而适用于涉台民商事案件.