The Transformation of organic regulation: The ambiguous effects of publicization

The regulatory regime for organic products is different from other non‐state‐market driven (NSMD) regimes because it is the only one that evolved from a purely private into a regime where the establishment of minimum standards has become the monopoly of public powers. This article is the first to study the effects of the process of publicization, a term coined to characterize the transformation of private into public standards. The central hypothesis studied is that the process of publicization has empowerment and containment effects at the same time. To test the hypothesis the article analyses the effects of publicization on regulatory capabilities of private regulators as well as on the quality of the standards. The effects of publicization are further explored by comparing the legal and institutional architecture that shapes the coexistence of private and public regimes in the EU and the US, showing important differences between the two systems. The article offers a new perspective to look at the dynamic interaction between private and public regulation and its findings are of general relevance for the debate on the desirability of governmental intervention on private regulatory schemes.     

The problem with English(es) and linguistic (in)justice. Addressing the limits of liberal egalitarian accounts of language

Van Parijs’s Linguistic Justice for Europe and the World furthers a nascent examination of multilingualism within political philosophy, drawing on continental European contexts where multilingualism is the norm. Van Parijs argues, in effect for linguistic cosmopolitanism via English as the current world language, and this seems ostensibly to be a considerable improvement on ‘the untrammeled public monolingualism’ of Anglo-American political theory. However, Van Parijs’s account is flawed in four key respects. First, there is the fundamental problem of his reductionist account of language – by which language is viewed only in terms of its communicative uses and reach and not in relation to its symbolic and identity functions. Second is his simplistic advocacy of English as a global lingua franca, which ignores issues of power and inequality, along with related delimited access to high-status English language varieties. Third are the inherent limitations associated with his advocacy of linguistic territoriality, which recognizes state-sanctioned languages but little else, thus failing to mitigate existing linguistic hierarchies. Finally, the wider argument for English as a global lingua franca is inevitably underpinned by a monolithic/hegemonic view of English itself. This monolithic conception of English stands in contradistinction, not only to the actual plethora of Englishes in the world today, but also, more importantly, to their widely varying status and use in furthering cross-communication and related notions of social and economic mobility. The latter thus fatally undermines Van Parijs’s central argument linking social and economic mobility ineluctably to access to English.     

美国《1930年关税法》修改的法律观察

美国近日修改《1930年关税法》授权美国商务部对以中国为代表的所谓"非市场经济国家"征收反补贴税,是对来自中国的进口产品新一轮贸易保护主义的表现。WTO规则并未禁止对"非市场经济国家"反补贴,因此美国此次修法并不违反其在WTO项下的义务,但美国如果对来自中国的产品按照"非市场经济国家"使用替代国方法进行"双反"救济,依据WTO争端解决上诉机构"对来自中国的产品的反补贴和反倾销措施"报告,将很可能违反WTO协定的"适当金额"要求,构成双重救济。中国当前最重要的是积极应对现实的"双反"调查,而长远的目标则是争取美国对中国完全市场经济地位的承认。     

Japan: Still searching for a role

Japan's Rise to International Responsibilities: The Case of Arms Control, by Reinhard Drifte. Athlone Press, London, 1990. xi + 112 pp. £25. ISBN 0–485–11385–6.

Japanese Defence: The Search for Political Power, by S. Javed Maswood. Institute of Southeast Asian Studies, Singapore, 1990. ix + 113 pp. US$12.00. ISBN 981–3035–39–0.

The Emergence of Japan's Foreign Aid Policy, by Robert M. Orr Jnr. Columbia University Press, New York, 1990. x + 178 pp. $32.00. ISBN 0–231–07046–2.

Same Bed, Different Dreams: America and Japan—Societies in Transition, edited by Alan D. Romberg and Tadashi Yamamoto. Council on Foreign Relations Press, New York, 1990. xi + 138 pp. $14.95 paperback. ISBN 0–87609–082‐X.     

Constructing courts after communism: Reevaluating the effect of electoral uncertainty

A prominent view in political science is that electoral uncertainty leads institutional designers to prefer independent and powerful courts. Yet few scholars have examined the design of constitutional courts systematically across Eastern Europe and those who have employed the results of elections held after constitutions were adopted to estimate the actors' perceptions of the balance of power prior to the court's design. This work reevaluates the effects of electoral uncertainty in post-communist Europe using more appropriate data and fuzzy-set qualitative comparative analysis to outline the different causal configurations linking electoral uncertainty to the initial judicial empowerment.     

Relatively Absolute? The Undermining of Article 3 ECHR in Ahmad v UK

The recent decision of the European Court of Human Rights in Ahmad v UK dangerously undermines the well‐established case law of the Court on counter‐terrorism and non‐refoulement towards torture, inhuman and degrading treatment or punishment. Although ostensibly rejecting the ‘relativist’ approach to Article 3 ECHR adopted by the House of Lords in Wellington v Secretary of State for the Home Department, the Court appeared to accept that what is a breach of Article 3 in a domestic context may not be a breach in an extradition or expulsion context. This statement is difficult to reconcile with the jurisprudence constante of the Court in the last fifteen years, according to which Article 3 ECHR is an absolute right in all its applications, including non‐refoulement, regardless of who the potential victim of torture, inhuman or degrading treatment is, what she may have done, or where the treatment at issue would occur.     

Prison Birthday: "It's All Good"

Due to an overreliance on arrests in the late 1990s, the incarceration of young women in the United States increased dramatically. On any given day in 2010, over 9000 girls were held in residential placement. Largely hidden from public view, little is known about the health requirements of female adolescent offenders in US secure custody. Less is known about how those needs are met while in detention. Curiously, while most theories regarding female juvenile delinquency draw upon non-criminogenic health-related factors – sexual abuse, family violence, and low self-esteem – their specific legal troubles are rarely, if ever, framed in public health terms. Drawing on original interviews with 100 court-involved girls, detainees’ perceptions of their medical, psychological, sexual, and social health concerns are highlighted. The data link court-involved girls’ prior health issues to their coming to the attention of juvenile authorities as well as demonstrating possible non-compliance with domestic and international standards for the health rights of juveniles deprived of their liberty.     

‘Reasonable’ perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Abstract

This study sought to examine the state of police interviews with children in Norway set against the various models that have been developed in the United Kingdom. UK models attempt to accord with psychological principles that lead to effective interviewing and so, if appropriately followed, should enhance the elicitation of accurate material. Set against these principles of best practice, an analysis of 11 police interviews indicated that a number of insppropriate and ineffective strategies appear to be used in police interviews in Norway. These included a preponderance of closed questions, a large number of instructions, paraphrasing and not giving the child enough time to talk. Results suggest that the Norwegian system needs to be made more aware of the psychological vulnerabilities that can lead to suggestibility in children.     

Consenting to Exclude? Empirical Patterns of Democracy and Immigrant Integration Policy

Studies explaining immigrant integration policies commonly focus on single aspects such as right-populist party politics or the immigration legacy of a country. This neglects the overall character of the democratic system within which policy-making unfolds. Research on empirical patterns of democracy, in turn, suggests that consensus democracies pursue ‘kinder and gentler’ policies and outperform majoritarian democracies in terms of minority representation. The article tests whether this conclusion holds for the specific group of immigrant minorities and analyses the relationship between patterns of democracy and immigrant integration policy using a new dataset on empirical democracies in 30 European and North American countries. Simultaneously estimating the character of democratic systems in terms of power dispersion and its effect on integration policies, the analysis reveals a distinct ‘Janus-faced’ pattern: while proportional power dispersion tends to coincide with more inclusive immigrant integration policies, pronounced veto structures tend to foster exclusion.     

Extending environmental justice research to religious minorities

For more than 30 years, significant research in the United States has found that racial and ethnic minorities suffer disproportionately from nearness to environmental disamenities compared with white non-Hispanics and that these results persist even controlling for poverty and “which came first,” the minorities or the disamenities. The engrained discriminatory findings of this environmental justice (EJ) research have led some to argue that we observe “systemic racism,” built into our social systems in ways that may be difficult to perceive. Yet, within the history of the United States, racial and ethnic minorities are not the only groups that have been systematically discriminated against; various religious groups also have histories of discrimination. Here we consider whether, holding constant race and ethnicity, some religious groups may also suffer from “EJ syndrome.” Since the US Census does not collect data on religion, to measure the presence of some religious groups that may be discriminated against, we use an original dataset on the presence of Jewish, Muslim, Church of Jesus Christ of Latter-day Saints (LDS, aka Mormon), and Roman Catholic houses of worship within California's Census tracts. Our results indicate that even controlling for race/ethnicity and income, the presence of Jewish or Muslim houses of worship in a California Census tract increases the likelihood of environmental burden as measured by the CalEnviroScreen 3.0 index of pollution and community vulnerability.