Better law‐making and the interinstitutional (dis)agreements: Some comments

This work argues that there is no univocal interpretation of what regulatory policy is and pursues. Taking the strategy of the European Commission as a starting point only, it addresses more specifically the Union legislature's perspective, which, in a democratic decision‐making process, cannot compromise its autonomy. In the unique constitutional universe of the European Union, the “Better Law‐Making” agenda pursues an important additional objective: facilitating the very process of adopting legislation by means of interinstitutional conflict prevention mechanisms and through a common approach to interpretation and implementation of primary law. That is the main purpose of the Interinstitutional Agreements on the quality of legislation, which place them in the position of a sort of soft constitutional law.     

Colonial and indigenous influences on local power structure in the Philippines

This article explains how colonial and indigenous influences have shaped local power structure in the Philippines by looking at features of colonial and governing systems that have developed over time. The following periodisation is referred to: Spanish Colonisation (1521–1896); the Revolutionary Government (1896–1902) including the Filipino-American War (1898–1902); American Colonisation (1902–1935); Philippine Commonwealth (1935–1945) including Japanese occupation during World War II (1941–1945); the Independent Republic (1946–1972); Dictatorship (1972–1981); and Redemocratisation (1986–1991). Throughout the history of the Philippines, power structure inequality has characterised the political process, preserving the interests of the elite. Patterns of inquality, traditionally based on ownership and accumulation of land, can be traced to Spanish colonial rule when control over farmlands was concentrated within the principalia. Moreover, elite domination of electoral office had historically been assured through limiting suffrage to the educated and landowners. With monetisation of the economy in urban centers, patronage systems have been eroded but elites now use other tools, including coercion, to secure their place. Even in contemporary times, patterns of elite domination persist through democratisation efforts, effecting the rule of what could be considered an elite democracy in the country today.     

拉丁美洲从金融危机中吸取的惨痛教训

20世纪90年代以来,拉美地区多次发生金融危机,引起各国学者的广泛关注。美洲开发银行行长恩里克·伊格莱西亚斯先生是拉美著名经济学家,多年从事美洲开发银行领导工作,曾发表过大量相关文章和报告。2005年4月18日,应中国社会科学院拉丁美洲研究所邀请,恩里克·伊格莱西亚斯先生在拉美所做演讲,精辟地分析了拉美国家的金融危机及相关问题。现将其书面报告全文译出,并将问答内容加以整理,一并发表。     

Differences in contract design between successful and less successful franchises

The aim of this paper is to identify differences in contract design between successful and less successful franchise chains. Comparing contracts from both groups of companies, we observe, on the one hand, that (1) franchise contracts are unbalanced irrespective of the chain’s success: contracts cover franchisees’ obligations more than franchisors’ obligations. On the other hand, we find that (2) contracts in successful franchise chains are more complete (i.e. cover a larger number of contingencies) than the less successful ones and (3) this difference lies in the contingencies regarding franchisees’ obligations, which are more fully covered in the contracts of more successful chains. More specifically, within the contingencies regarding franchisees’ obligations, (4) successful chains restrict the franchisee decision rights more frequently on day-to-day business operations than on financial conditions or post-contractual contingencies. These findings can be explained because successful chains are more sensitive to franchisees’ opportunistic behavior, because they have learned how to manage and solve any potential conflicts, or because of differences in bargaining power. Finally (5) franchisors’ obligations are not statistically different between groups, which we interpret as evidence that relational contracting mechanisms do not substitute formalization.     

“I was prepared for the worst I guess”: stayers’ and leavers’ perceptions of their Title IV-E education

ABSTRACT

Child welfare workforces across the nation are experiencing high turnover and have for decades. The chronic cost of turnover makes efforts to increase retention crucial. The Title IV-E education stipend program is one way that many states employ to improve their child welfare worker tenure. Through qualitative interviews, this study examines Title IV-E graduates’ experiences and perceptions of preparedness for working in child welfare agencies. Examining how the responses of stayers and leavers differ and assessing similarities collectively can inform educational and agency enhancements to improve services, as well as worker competence and retention.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.