警察执法权力的边界与私权维护

当前警察执法活动中存在着侵犯公民私权的现象,其中一个重要原因是执法者不能准确区分执法权的边界,造成越界执法,导致侵权。建设和谐社会与法制国家必须进一步规范和限制执法权力的运用,实现公权和私权的平衡与协调,在执法中树立以权利为本位的执法理念,明确公权与私权的边界,规范公权力行使,保障私人权益。     

The deep marketisation of development in Bangladesh

This article introduces the concept of ‘deep marketisation’ as a relatively new, contemporary phase of neoliberal development policy in Bangladesh. By looking into the development strategy of the country’s energy sector, the article shows how an emphasis on marketisation through public-private partnerships (PPPs) and other strategies advances a market fundamentalist agenda to strengthen the private sector and establish a world market. By drawing on interviews with development practitioners from various development organisations in Bangladesh, the article further reveals how development conceptualisations are shaped by the strategy of deep marketisation, leading to the impoverishment of development by constraining its field of actions to measures based on the primacy of economic growth and private sector-led economic development, at the same time leading to a re-legitimisation of flawed neoliberal development policies that result in further inequality, poverty and environmental degradation.     

Forget “Blind Leading the Seeing” – Improving Public Service Management

The aim of this research is to identify the most effective public service management approaches for outsourced services. Our focus is on the phases of transition and service management post provider selection. To reach this aim, comparative case studies across sectors were conducted. The studied cases indicate that managing an outsourced service should not be a separate area of public management research nor practice, but rather a part of service management. Best practices in (outsourced) public service management are provided. Management focus on transition phase after provider selection, performance measurement, and evaluation will bring efficiency to public sector service production.     

Deeper Commitment to Human Rights Treaties: Signaling and Investment Risk Perception

Why do some leaders make deeper commitments to human rights treaties (HRAs) by consenting to receive extra monitoring of complaints or communications from individual citizens? Extant theory suggests leaders join HRAs for tangible benefits. However, empirical support for this argument is mixed. To address this mismatch, we approach this question from a different angle. We argue that by ratifying HRAs, leaders send a signal that they are reliable partners who value future returns. Accepting optional articles and protocols that increase monitoring of the state’s human rights behavior, without changing the state’s substantive obligations, helps better signal that the regime does not fear instability nor sees the need to resort to the proscribed abuses in the future. This, in turn, serves as an important middle step to recognizing tangible benefits, such as foreign direct investment, by improving investors’ risk perception of ratified countries.     

Secrecy and Self-Interest: When Mediators Act Deceitfully

3rd party intervention in interstate conflict is a common strategy for mitigating conflict and obtaining a final agreement. However, not all mediations are successful, leading to the development of a rich literature on the mechanisms which decrease the probability of failure in a 3rd-party intervention. Within this literature, some studies examine how a mediator’ behavior and incentives affect the result of the mediation. Virtually all these studies assume that the mediator is virtuous such that peace is the most desired outcome of a conflict for her. However, this study challenges this assumption and contends that a mediator can gain benefit from the conflict between disputants. If this benefit is adequately large to overcome the benefits of peace, then the mediator has enough incentive not to conduct the mediation toward a peaceful outcome. We develop a signaling game model to study this issue formally and test the proposed hypothesis empirically.     

War-torn countries,natural resources,emerging-power investors and the UN development system

The unsustainable aid dependency of war-torn countries – most of which are rich in natural resources – makes it imperative to start gradually replacing aid with foreign direct investment (fdi) and exports. This article identifies ways in which stakeholders – governments, the international community, including the UN development system, foreign investors, and local communities – could work together in a ‘win-win’ situation. Most crucial is avoiding conflict-insensitive policies that fuel discord by putting governments and foreign companies, often from emerging markets, in direct confrontation with local communities. The control of natural resources is often a root cause of conflict, and the latter’s exploitation can become a major challenge as wars end. The peculiarities of war-torn countries are discussed along with the specific impediments to attracting fdi into the exploitation of natural resources. An effective and fair legal framework is necessary to ensure that investors do not operate as ‘enclaves’, creating new conflicts.     

The Africa-China relationship: challenges and opportunities

The dramatic growth in the relationship between Africa and China is one of the great stories of the twenty-first century, part of the profound transformations taking place in the global political economy. It has been greeted with excitement, consternation, and confusion. To its cheerleaders, it represents the enduring partnership between Africa and China, spawned by the historical affinities of struggles against Western imperialism and humanistic aspirations for development. To its critics, it is reminiscent of European colonisation a century earlier, in which Africa serves as a cheap source of raw materials, a lucrative export market for Chinese manufactured goods, and an outlet for its surplus capital. Rather than a development partner, some see China as Africa's biggest development competitor, whose explosive growth and insatiable quest for global markets threatens Africa's industrialisation and competitiveness. This paper examines the factors behind the development of Africa-China relations, especially its economic magnitude, and the challenges and opportunities it offers both regions.     

The fractured state in the governance of private game farming: the case of KwaZulu-Natal Province,South Africa

Conversion from livestock and/or crop farming to game farming has been a notable trend on privately owned land in South Africa over the last decades. The rapid growth of wildlife ranching is associated with an annual increase in the areas enclosed by game fences and high demand for wildlife which is being traded privately and at wildlife auctions. Key environmental, agricultural and land reform legislation has been passed since 1994 that impacts this sector, but this legislation does not provide a clear regulatory framework for the game farming industry. This article seeks to understand why game farming is thriving in a regulatory environment plagued with uncertainty. The focus is on one province, KwaZulu-Natal. It is clear that the state is not a homogeneous and monolithic entity applying itself to the regulation of the sector. There is no clear direction on the position of private game farming at the interface of environmental and agricultural regulations. The argument put forward is that the fractured state, in fact, provides space within which the game farmers are able to effectively manoeuvre and to maximise their advantages as private landowners. While game farmers may complain about strict wildlife regulation in the province, the benefits they gain from the combination of a divided state and the presence in this province of a strong, autonomous conservation body are considerable.     

Determinants of foreign direct investment and entry modes of Polish multinational enterprises: A new perspective on internationalization

This study uses firm data to examine the locational trends of foreign direct investment projects undertaken by Polish companies. The findings of the study are consistent with the evolutionary models of internationalization. Companies in the early stages of internationalization are motivated by markets and resource seeking, whereas efficiency seeking and strategic asset seeking are significant motivators in the advanced stages of internationalization. However, our results with respect to Polish cross-border acquisitions by service companies and greenfield foreign direct investments by industrial or manufacturing companies did not confirm the evolutionary model findings. We found evidence that, in both cases, investments are motivated by the need for efficiency or strategic assets.     

Paving the way for farm animal welfare in international relations: an EU–Brazil case study

As a sensitive area in international trade, animal welfare measures have encountered resistance in negotiations at the World Trade Organization (WTO). Consequently, alternative avenues have been pursued to reach international trade policy convergence. To further understand the contemporary trade politics of animal welfare, an empirical investigation was conducted on the interplay between European and Brazilian actors in the context of livestock production. By drawing upon diplomatic studies and the global governance literature, this study identifies and analyses initiatives that parallel the WTO approach and through which the development and implementation of mutually acceptable farm animal welfare measures have been pursued. Research findings indicate that a constellation of international non-diplomatic actors are currently engaged in influencing the future development of farm animal welfare measures. Among the initiatives that enable the alignment of European and Brazilian animal welfare policies and practices, there are soft instruments such as knowledge sharing and private standards. The rise of new actors and the use of soft instruments have been, to a certain extent, able to mitigate the tardiness of a WTO consensus regarding the use of animal welfare measures. However, there are concerns that the use of private standards has become a shortcut to circumvent the rigours of the multilateral trading system. This concern deserves a closer look because instead of paving the way, private standards may hamper trade relations which in turn hamper progress in animal welfare matters.