bluuebunny/crossref_metadata_2025 huggingface dataset:
Assessing Capability Change
Authors: Alkire Sabina
Published: August 2004

The sixth and seventh chapters that make up Part II of the book consist of one practical and much narrower application of the capability approach, namely, a discussion of how economic analysis (cost‐benefit analysis) and systematic qualitative information on human impacts can be combined in order to assess the relative effectiveness of particular development activities in expanding human capabilities. This sixth chapter on assessing capability change first gives an introduction to Part II. It goes on to defend the necessity of efficiency considerations, such as those that are incorporated in cost‐benefit analysis and in project evaluation, and then looks at capability set analysis by reviewing two prominent participatory assessment methodologies that have been developed to supplement economic considerations with social data: one by the World Bank (participatory social assessment), the other as a result of US legislation governing public expenditure (social impact assessment). Both of these lack a systematic method for identifying changes valued by participants themselves and for devolving real control over a decision to the lowest level capable of making it, and this lack increases the chance of significant bias in gathering and interpreting value judgements. In response, a novel method of impact assessment is described that would complement and improve available assessment tools; the method of impact assessment represents one way in which the framework of the preceding chapters could be used.
Institutionalizing the Treaty of Rome
Authors: Fligstein Neil , Stone Sweet Alec
Published: August 2004

The general process of institutionalization in the European Union is examined from a macro perspective, building on the theoretical materials developed in the earlier book European Integration and Supranational Governance, and examining the extent to which linkages between rule-making (legislation), dispute resolution, and different forms of transnational activity have created a dynamic, inherently expansionary system. The process is evaluated from the standpoint of institutionalist theory by testing specific hypotheses against relatively comprehensive quantitative measures of integration: trading, legislating, litigating, and lobbying within the context of the Treaty of Rome. The main findings are that (1) increasing economic transactions, (2) the construction of the Brussels complex, (3) the capacity of supranational authorities to produce legislation, and (4) the operation of the European Commission (EC) legal system have become linked through a complex set of feedback loops that binds them together in a self-reinforcing system that broadly determines the course of integration. Although the perspective used is a macro one, the authors emphasize actors and agency: as increasing numbers of actors learn how to be effective in the EC, they build and consolidate new arenas for political activity, thereby bolstering the centrality of supranational governance.
Institutionalizing Promiscuity: Commission‐Interest Group Relations in the European Union
Authors: Mazey Sonia , Richardson Jeremy
Published: August 2004

The relationship between the European Commission and the various lobbying groups in Brussels is explored, and it is argued that there is now a ‘mature’ institutionalized policy-making style governing interactions between the Commission and interest groups. The formal and informal rules by which the Commission receives and seeks to organize lobbyist’s views, and interest groups influence the Commission’s development of legislative proposals are catalogued. It is found that there has been a steady evolution of some formal, but more often informal, rules and procedures for lobbying organizations. These include: willingness to participate in early discussions; presenting rational/technical arguments based on reliable data; viewing European policy as an opportunity, not a threat; formulating European, not national or particularistic, solutions; understanding the problems and perspectives of other stakeholders in the process; and investing in the entire policy-making process. This development of a stable system of interest group representation for the European Union (EU), sited in Brussels, impinges heavily not only on policy processes and outcomes but also on how democracy in the EU will be conceived and debated.
Where Do Rules Come From? The Creation of the European Central Bank
Authors: Mcnamara Kathleen R.
Published: August 2004

An analysis is presented of the creation and development of rules governing the organizational form and the policy content of the European Central Bank (ECB). The establishment of the ECB and the launching of the Euro constitute an extraordinary innovation, one that opens and organizes a new institutional space in Europe. The ECB system is assessed in the light of three broad theoretical approaches emphasizing, respectively, power politics, institutions as rational solutions to collective problems, and pre-existing normative (social) structures. Power politics and functional rationality approaches are found to fail to account for important aspects of the ECB’s rules and policy mandates, while, in contrast, a sociological emphasis on institutional context is useful in explaining the continuities linking the ECB to the normative structure that had previously developed – largely within the network of central-bank governors – and diffused throughout the organizational field in which monetary policy-making was embedded. It was the need to legitimize the new ECB in terms of these broader norms that shaped the ECB’s organizational structure and governing rules: in particular, pre-existing norms influenced three key aspects of the ECB – its political independence, its criteria for membership, and its rules for price stability.
Policing and Immigration: The Creation of New Policy Spaces
Authors: Turnbull Penelope , Sandholtz Wayne
Published: August 2004

An analysis is made of the creation of new European Union (EU) spaces for cooperation in policing and immigration policies. The Treaty of Rome was silent on both topics, and before the Maastricht Treaty on European Union (TEU), European Community (EC) states had begun to coordinate their responses to specific problems – such as terrorism, drugs, and asylum seekers – usually on a bilateral basis, with multilateral forms of cooperation fragmented, ad hoc, and outside EC structures. The chapter has three main sections, the first of which briefly describes the institutional landscape in policing and migration in Europe before the TEU. Section 2 assesses the major internal and external changes – the Single Market and the collapse of the Iron Curtain, respectively – that provoked the move toward institutionalizing police and migration cooperation at the EU level; it devotes particular attention to the domestic crisis in Germany resulting from massive migrations from the east, and the policy entrepreneurship of Germany’s Chancellor Helmut Kohl. Section 3 analyses how the Third Pillar of the TEU, that on Justice and Home Affairs (in which policing and immigration policies were combined) borrowed from existing institutions – most notably the Second Pillar (the Common Foreign and Security Policy); the Amsterdam Treaty (1996) then partially separated policing and migration again – but with a completely different institutional structure within the European Union.
Conclusion: Institutional Logics of European Integration
Authors: Caporaso James A. , Stone Sweet Alec
Published: August 2004

This concluding chapter examines the use that is made in the book of institutionalist theory to address the question of European integration, a use that is described as not typical in the study of the European Union, which is usually approached via international relations and integration theory. Issues that result from taking this institutional approach (i.e. analysing European political integration as institutionalization rather than as international relations) are briefly discussed, before going on to see how the Europe of the last half of the twentieth century has provided social scientists with rich opportunities for evaluating how new political systems evolve and emerge. Some of the aspects examined are: the concept of institutions; the impact of institutions; feedback effects (feedback loops liking actors to organizations, to institutions, and back again); institutional coherence; institutions and society; and the demand for, and supply of, institutions.
The Determinants of Privatization
Authors: SINISCALCO BERNARDO BORTOLOTTI DOMENICO
Published: August 2004

This chapter studies the economic, political, and institutional determinants of privatization. The analysis begins with a discussion of the link between privatization and economic development, then it studies the role of government’s budget constraints, showing how public finance conditions may bear on the decision to privatize. The chapter then focuses on the role of financial markets and governments’ political orientation in triggering divestiture. Finally, it takes into account institutional aspects, such as a country’s legal tradition, and political regimes. The various hypotheses are discussed sequentially. Their empirical validity, however, is assessed through an original panel data econometric analysis.
Private Ownership, Public Control
Authors: SINISCALCO BERNARDO BORTOLOTTI DOMENICO
Published: August 2004

This chapter presents updated empirical evidence on the transfer of ownership and control in privatized companies. The transfer of ownership is measured by the stake sold in the various sales in different countries. The transfer of control, instead, is analyzed through the government’s voting rights in privatized companies, and by the special powers and statutory constraints such as “golden shares”. The analysis allows us to conclude that the large scale privatization cycle of the 1990s has been important but incomplete, Indeed, the state still controls – by direct and indirect means – large chunks of national strategic sectors, where the largest and most valuable corporations operate.
The Problem of Induction
Authors: Foster John
Published: August 2004

Induction is that form of inference by which we move from the premise that the world has been regular in a certain respect in the cases we have so far examined to the conclusion that it will continue to be regular in that respect in a certain unexamined case or a group of cases. This extrapolative form of inference is one on which we heavily rely both in the course of our everyday lives and in our scientific theorizing. The problem is that, on reflection, it is hard to see what, if anything, entitles us to think of such inferences as rational. The sceptic insists that they are not. Attempts to resist the sceptical challenge can take the form either of offering what purports to be a rational justification of induction or of insisting that induction is a basic form of sound reasoning that does not stand in need of justification.
Some Attempted Solutions
Authors: Foster John
Published: August 2004

There are various ways of trying to justify induction by appeal to certain a priori principles of probability. But all such appeals fail, either by being irrelevant to the issue or by begging the question. A seemingly more promising approach would be to take induction to be a basic form of sound reasoning, which, like deduction, does not stand in need of justification. I call this the simple view. But this view too can be shown to fail. For instance, consider a case in which we know that a regularity that has held in our experience so far has done so by mere coincidence (i.e. for no reason). Because we know that the regularity is just a coincidence, we know that we cannot rationally use it as a basis for predicting outcomes in the future. But this is not something that can be adequately accounted for if we accept the simple view.
The Nomological-Explanatory Solution
Authors: Foster John
Published: August 2004

The right way to deal with the problem of induction is to adopt what I call the nomological‐explanatory solution (NES) . This holds that when an inductive inference is rational, it can be shown to be so by breaking it down into two further steps of inference, neither of which is as such extrapolative. The first step is an inference to the best explanation of the hitherto exemplified regularity, where the regularity calls for explanation because it is too extensive to be deemed coincidental, and where the explanation offered is one which involves the postulation of some law or set of laws of nature, construed as forms of natural necessity. The second step is a deduction from this explanation that the regularity will continue to hold for the relevant unexamined case or cases, or will do so subject to the continued obtaining of certain standing conditions.
Two Objections to NES
Authors: Foster John
Published: August 2004

One way of objecting to NES would be to claim that, contrary to what the solution assumes, extensive regularities do not automatically call for explanation, and that when we have reached the level of those regularities that cannot be explained in terms of others, there are no grounds for thinking that there is anything that accounts for them. But this is not something that we are able to endorse when we focus in more detail on a hypothetical case of an extensive regularity obtaining for no reason. Another way of objecting to NES would be to claim that, although it is rational to explain hitherto exemplified regularities by appeal to laws, we do not need to think of the laws as universal in scope, rather than restricted to some particular period or region or group of objects; and certain kinds of restriction would prevent our reaching any conclusions about the unexamined cases. But to postulate laws that are restricted in scope is much less plausible than postulating ones that are universal, since their obtaining would be inherently more puzzling.
The Problem of Laws
Authors: Foster John
Published: August 2004

The most crucial problem for NES concerns the relevant notion of a law of nature. In order to play the explanatory role assigned to them by NES, laws have to be construed not as mere regularities, but as forms of natural necessity. So the law of gravity has to be construed not as the fact that bodies always behave gravitationally, but as the fact that it is, in the relevant nomic way, necessary that they behave in that way. But how are we to understand this nomic necessity? It is not a form of strict, or absolute necessity, since even when it is a law that things behave in a certain way, there are possible worlds in which (with different laws) they do not. But a necessity that is less than strict–which allows for the possibility of things being otherwise–does not seem to be a necessity at all. Unless we can solve this problem, the relevant notion of a law will have to be rejected as incoherent.
Armstrong's Theory
Authors: Foster John
Published: August 2004

One way of trying to make sense of nomic necessity would be to adopt the account of laws offered by David Armstrong. Armstrong's claim is that laws are to be ultimately construed as relationships between universals. Specifically, he claims that there is a two‐place relation R such that any law to the effect that all Fs are G is to be ultimately construed as the state of affairs of F‐ness being R‐related to G‐ness, where this state of affairs is both contingent and logically entails (without being entailed by) the obtaining of the corresponding regularity (that all Fs are G). If this account were correct, it would eliminate the problem of laws. For each such relationship between universals would logically oblige things to be regular in the relevant way, and in that sense, make the obtaining of the regularity necessary; and, given the contingency of the relationship, the necessity involved would be nonstrict. But the decisive objection to Armstrong's account is that we cannot envisage a form of relationship between universals that would meet the required conditions; nor can we even understand how such a form of relationship would be possible.
The Scenario without Laws
Authors: Foster John
Published: August 2004

Let us consider how things would stand if we were forced to abandon the notion of a law of nature as incoherent. As well as having to abandon NES, we would have to look for a different–for a nonnomological–way of accounting for the presence of natural regularities. Some natural regularities can be explained in terms of others. But once we get down to the level of the basic regularities–those that cannot be explained in terms of others–there is no plausible way of accounting for them in natural terms. Rather, the only explanatory approach with any prospect of acceptability is to suppose that the basic regularities are deliberately brought about by some supernatural personal agent or group of agents. This is what I call the personal‐agency approach.
The Theistic Account
Authors: Foster John
Published: August 2004

The personal‐agency approach can be developed in a number of different ways. If we are aiming at plausibility, we need to develop the approach in a way that avoids unnecessary complexity and minimizes residual sources of puzzlement. On this basis, the most plausible version of the approach, and indeed the only one with any prospect of acceptability, is that which postulates a single supernatural personal agent, conceived of along the general lines of the Judaeo‐Christian God–an agent who is causally primitive, sempiternal, perfect in his rationality and moral goodness, unlimited in his power and knowledge (save for limitations imposed by logic), and who is the creator of the physical universe and the human persons embodied in it. This version of the approach is one that I call the theistic account.
God and Laws
Authors: Foster John
Published: August 2004

The only way to make sense of the notion of a law of nature is to adopt what I call the causal account, which claims that the obtaining of a law consists in the fact that there is something that causally imposes a certain regularity on the universe as a regularity. Given this, I can now offer an argument for the existence of God. Thus, on the one hand, we have already seen that if nomological explanations are excluded, the theistic account offers the only explanation of the basic regularities that has any prospect of acceptability. On the other hand, if we explain the regularities by postulating laws, we have to suppose that, for each law, there is something that causally imposes the corresponding regularity on the universe as a regularity; and the considerations that showed the theistic account to be the only plausible form of nonnomological explanation will now show that the theistic account provides the only plausible account of the source of causal agency. So, either way, we get a strong case for accepting the truth of the theistic account and the existence of the God it postulates. It can also be shown that, once we accept this account, we are obliged to think of God as imposing regularities on the world in the relevant law‐creating way.
Completing the Picture
Authors: Foster John
Published: August 2004

In order to make provision for laws, we have to suppose that God creates the universe by directly creating it in its initial state and prescribing certain modes of transition by which its state at one time gives rise to its states at subsequent times. For various reasons, we have to think of this as only the main part of God's creative work. The most interesting reason is that it is plausible to suppose that, in prescribing the modes of transition, he adds a qualification that leaves him the freedom to subsequently intervene, on any particular occasion, and deflect things from their provisionally ordained course. This would allow us to think of God, in accordance with the orthodox theological view, as exercising direct control over all that happens in the universe. Finally, now that we are accepting that laws are created by God, we need to transform the nomological‐explanatory solution to the problem of induction into a theological‐explanatory solution.
Ethics, Economics, and Politics
Authors: Little I. M. D.
Published: August 2004

Studies the three interfaces of ethics, economics, and politics. Any well‐considered view of the most desirable role for the state in various aspects of our lives implies some serious thinking about these subjects, and the way in which they interact. This can be done without formal academic training in any of them.

A central issue is the extent to which the state is entitled to, and should, control individual behaviour, and to what end. To a greater or lesser extent, and for differing reasons, states are concerned with the welfare of the people. However, the measurement of welfare, both individual and collective, involves ethical judgements; and various theories of social justice are therefore discussed. Utilitarianism is defended as a guiding principle for government behaviour, albeit with some constraining respect for rights. But welfare considerations do not require that the state be deeply involved in the production of goods and services. Excessive government can be a threat to democracy. The book ends with a sketch of the advocated boundaries of state responsibility and control.
Collective Utility and Welfare
Authors: Little Ian Malcolm David
Published: August 2004

Normative economics is mainly concerned with the welfare of communities. Somehow the happiness or utility of individuals has to be compared, and amalgamated or added up. The status of the interpersonal comparisons involved is discussed. The mathematical conditions required for making sense of a general measure of the welfare or utility of a community are outlined. It is concluded that the concept makes sense, but the conditions are very demanding.
Welfare Economics
Authors: Little Ian Malcolm David
Published: August 2004

Welfare economics is that large part of economics that is concerned with the well‐being of groups of people and is therefore closely related to normative economics and economic policy. Theoretical welfare economics derives the necessary conditions for achieving a Pareto‐optimum in society, which is a situation such that it is impossible to make anyone better off without making someone else worse off. There are an infinite number of Pareto‐optima that can be compared only if given a measure of the value of different distributions of welfare. Applied welfare economics, also called cost‐benefit analysis, compares sub‐optimal situations to determine whether a move from one to the other would be an improvement, taking account of differences in distribution.
Utilitarianism, Justice, and Equality
Authors: Little Ian Malcolm David
Published: August 2004

The 1970s saw a wave of attacks on utilitarianism and consequentialism, favouring theories of good government based on contract, whereby what was good followed from what was right, rather than vice versa. There was emphasis on social and distributive justice, seen largely in terms of equality of resources somehow defined, rather than welfare. The various meanings of justice are discussed, and the theories of two leaders of this contractarian movement, namely John Rawls and Ronald Dworkin, are found to be flawed. There are serious difficulties with the measurement of equality (of anything). For this and other reasons, the concept of equality is not an acceptable unifying social end.
Contractarianism
Authors: Little Ian Malcolm David
Published: August 2004

Contractarianism is more than a theory of the origin or legitimacy of states. Agreements required for productive cooperation, or merely for peaceful coexistence, are held to be the basis for morality, or a large part of it. Game theory is used to analyse the rationality of such agreements. Social conventions, which are not strictly agreements, also evolve over time in a community and acquire moral force. Although morality and society thus march together, individuals may always hold some social conventions to be immoral.
Communitarianism
Authors: Little Ian Malcolm David
Published: August 2004

Communitarians claim that individuals do not exist apart from society, and that communities have a moral value that is independent of individuals. It is held that philosophers such as Rawls and Nozick who neglect persons’ deserts and their history and attachments cannot understand justice. While agreeing that persons are almost unimaginable except in a social context, and that membership of a community is an important good for many people, nevertheless, it is held that they are autonomous beings. A person may disagree with the moral code of any society, including his own. However, a shared understanding of community values has historically often been a source of evil.
Positive Political Economy
Authors: Little Ian Malcolm David
Published: August 2004

In the last quarter century, the naïve simplification that the sole aim of governments was the welfare of citizens has been abandoned, and it is recognized that the government is a positive actor on the economic stage with its own interests. Positive political economy consists of attempts to explain economic policies, which require knowledge of how the government is constituted, how it takes decisions, and on what principles, if any, it acts. Government decisions are collective decisions, and so the theory of collective decision and voting is relevant, and is examined. This heterogeneous chapter examines various attempts to explain government behaviour using economic concepts. It is concluded that little progress has been made in discovering any general truths.
Normative Political Economy
Authors: Little Ian Malcolm David
Published: August 2004

Government can and should be actively concerned with the relief of poverty. But there is no ethical principle defining the proper distribution of wealth between occupational or other social groups, nor can it be democratically determined in an orderly manner. Distributional coalitions, such as trade unions, employers, and professional associations, must be discouraged, with the distribution of wealth between groups determined by competition. Where politics is dominated by distributional issues, democracy is likely to break down, and often has. The related subjects of rent seeking and corruption are discussed.
The Principles of Public Policy
Authors: Little Ian Malcolm David
Published: August 2004

This chapter is essentially a summary of the book, which is described as a study of the interfaces of ethics, economics, and politics. A coherent public policy presupposes a moral code, and involves all three of these subjects. The author's philosophical position is described. Criteria for public production are proposed. More generally, the proper role of government and the limits to its responsibilities are suggested.
The Japanese Mafia
Authors: Hill Peter B. E.
Published: August 2004

This book has three main objectives. Firstly, it examines Japan's organized crime syndicates (most commonly known asyakuzaorbɵryokudan) with reference to the best available theoretical analyses of the Sicilian mafia and other manifestations of organized crime. Like the Sicilian mafia, the core competence of theyakuzais providing protection and, because of this, it can be considered a mafia. Secondly, it provides a comprehensive overview of the historical development, structure, and business activities of the contemporaryyakuza. Thirdly, it investigates the relationship between theyakuzaand the state, paying particular attention to the effects of the 1992bɵryokudancountermeasures law. The collapse of the bubble economy during the early 1990s, which had a major impact on theyakuza's activities, makes it difficult to evaluate the impact of this law. The book concludes that the preference of the Japanese authorities for social control processes over formal mechanisms of enforcement and dispute resolution has created a conducive environment for private protection markets.Yakuzaprovision of such protection has been one consequence. Current developments in the set Japan's social, legal, economic, and political relations suggest, however, that this market is under threat.
Yakuza, Law and the State
Authors: Hill Peter B. E.
Published: August 2004

The concluding chapter of this book draws these chapters together and sets them in the broader context of the state's provision of protection in Japan. The preference of the Japanese authorities for social control processes over formal mechanisms of enforcement and dispute resolution has created a conducive environment for private protection markets.Yakuzaprovision of such protection has been one consequence. Current developments in the set Japan's social, legal, economic, and political relations suggest, however, that this market is under threat.
The Glitter of Gold
Authors: Flandreau Marc
Published: August 2004

The Glitter of Gold studies the so far unexplored operation of the international monetary system that prevailed before the emergence of the international gold standard in 1873. Conventional wisdom has it that the emergence of gold as a global anchor was both an inescapable and a desirable evolution, given the exchange rate stability it provided and Britain's predominance. The book draws on a wealth of archival and new statistical evidence to demonstrate that global exchange rate stability always prevailed before the making of the gold standard. This was despite the heterogeneity among national monetary regimes based on gold, silver, or both. The reason for the stability before the establishment of the gold standard is France's bimetallic system. France, by being in a position to trade gold for silver, and vice-versa, effectively pegged the exchange rate between gold and silver at its legal ratio of 15.5 :1. This system proved remarkably stable and flexible, thanks to a global network of foreign exchange and precious metal arbitrage, operated from Paris and London by leading international banks - most prominently, the Rothschilds. Contrary to the received wisdom, the controversies of the 1860s on the “double standard” signalled both the advantages of this system and the considerable costs that large countries would have to pay if the world wanted to shift to a single standard. It took a series of political shocks, misguided decisions, and international rivalries to put an end to bimetallism in the early 1870s.
Bimetallic Exchange Rates: An Exploration
Authors: Flandreau Marc
Published: August 2004

Chapter 3 provides an analysis of international arbitrage focusing on the exchange market between Paris and London. Resting on a new methodology to study exchange rate relations, this chapter shows that exchange rates between gold and bimetallic nations were heavily influenced by bullion discoveries.
Coin Memories: New Estimates of France's Specie Stock (1840–78)
Authors: Flandreau Marc
Published: August 2004

Chapter 4 breaks new ground by providing new estimates of the French holdings of gold and silver 1840-1878. The result enables to track the effect of the Gold Rush on the French monetary system. Gold displaced silver, but only partly. A large share of the gold that France acquired between 1848 and 1865 was the counterpart of trade or financial flows, not of silver exports.
The Rules of the Bimetallic Game
Authors: Flandreau Marc
Published: August 2004

Chapter 5 studies the rules of bimetallic game. It discusses the constraints and opportunities of bimetallic regimes for monetary authorities. It shows that, contrary to a widespread view, a bimetallic system does not provide fundamentally different opportunities than a monometallic one, and thus places fairly tight constraints upon monetary authorities. In fact, it is during the years of bimetallism that a high degree of European monetary integration was first achieved.
The French Crime of 1873: An Essay in Interpretation
Authors: Flandreau Marc
Published: August 2004

Chapter 8 analyses the end of bimetallism. It shows that the conventional view of an inescapable collapse is not founded. France, endowed with a large share of the gold output of the 1850s and 1860s, had enough gold to weather the modestly rising silver output of the 1870s and 1880s. It had also enough gold to resist to Germany's decision to adopt a gold standard in the early 1870s. Failure of international cooperation, it is argued, is what caused the emergence of the gold standard.
chapter Introduction
Authors: Dobson Andrew
Published: August 2004

Fiscal incentives for encouraging sustainable behaviour are contrasted with citizenship approaches. The distinction between environmental and ecological citizenship and the notion of ‘post‐cosmopolitanism’ are introduced. The relationship between citizenship, democracy, and sustainability is discussed.
Chapter 2 Three Types of Citizenship
Authors: Dobson Andrew
Published: August 2004

Post‐cosmopolitan citizenship is offered as an alternative to liberal and republican conceptions of citizenship. It is contrasted with cosmopolitan citizenship, in the belief that it offers a more compelling practical account of transnational political obligations.
Chapter 3 Ecological Citizenship
Authors: Dobson Andrew
Published: August 2004

Ecological citizenship is presented as an example and inflection of post‐cosmopolitan citizenship. It is contrasted with environmental citizenship. The ecological footprint is presented as the ecological citizenship's version of political space, and global warming is used to exemplify the asymmetrical relations of globalising cause‐and‐effect that call forth post‐cosmopolitan obligations.
Chapter 4 Environmental Sustainability in Liberal Societies
Authors: Dobson Andrew
Published: August 2004

Environmental sustainability and liberalism are often seen as incompatible because of the latter's reluctance to endorse determinate views of the ‘good life’. This chapter argues for compatibility on the grounds that liberalism's commitment to neutrality commits it to providing and preserving the conditions for practising good lives—including ‘green’ ones.
Recent Facts and Developments in Corporate Governance
Authors: Silva Luis Correia Da , Goergen Marc , Renneboog Luc
Published: August 2004

Reviews the different systems of corporate governance and corporate control around the world. Legal devices that separate ownership from control are discussed. The main corporate governance mechanisms that may act as an alternative to dividend policy are also examined.
Dividend Policy, Corporate Control, and Tax Clienteles
Authors: Silva Luis Correia Da , Goergen Marc , Renneboog Luc
Published: August 2004

Analyses the link between dividend levels and control as well as dividend changes and control based on German data. We find a U‐shaped relation between the dividend payout and the proportion of voting equity held by the largest shareholder. Bank‐controlled firms pay out lower dividends and are much more likely to omit their dividend than any other type of firm. Conversely, there is no evidence that the tax status of the major shareholder has an impact on a firm's dividend policy.
The Destruction of the Legitimacy of Trusteeship
Authors: Bain William
Published: August 2004

The place and purpose of trusteeship in the post‐Second World War world order aroused passions and suspicions that were no less pronounced than those which threatened to disrupt the peace negotiations at Versailles two decades earlier, and these tensions, which divided the US and Britain in particular, emanated from a fundamental disagreement over the purpose of trusteeship and its relation to the future of empire in world affairs. British commentators on empire tended to interpret the idea of trusteeship in the context of an imperial tradition that dated back to Edmund Burke's interest in the affairs of the East India Company, invoking trusteeship as a principle against which to judge colonial administration and, therefore, understood the tutelage of dependent peoples as a justification of empire. Americans, who were born of a very different colonial and political experience, were a great deal less inclined to see trusteeship as a justification of empire than as an alternative to the perpetuation of empire. Interrogates the claims that structured the terms of this debate, how they shaped the purpose of trusteeship as contemplated in the Charter of the UN, and the ideas upon which the anti‐colonial movement seized in order to destroy the legitimacy of trusteeship in international society. There are five sections: The Atlantic Charter and the Future of Empire; The Reform of Empire; Trusteeship and the Charter of the UN; The End of Empire; and Human Equality and the Illegitimacy of Trusteeship.
The New Paternalism
Authors: Bain William
Published: August 2004

On 1 Nov 1994, the UN Trusteeship Council voted to suspend operations after Palau, the last remaining trust territory, attained independence. The sovereign state has emerged out of decolonization as the supreme form of political organization in post‐colonial international society—an international society in which dominions, colonies, principalities, free cities, and, of course, mandates and trust territories have all but vanished. However, the ostensible failure of this post‐colonial project—the fact that the promise of peace and prosperity held out by independent statehood is too often betrayed by appalling violence and absolute poverty—has reinvigorated interest in trusteeship as a way of responding to problems of international disorder and injustice. The purpose of this chapter is threefold: first, it examines the principal dilemma of decolonization that has resulted in a renewed interest in trusteeship; second, it considers this renewed interest in trusteeship in the context of international involvement in administering Bosnia and Herzegovina, Kosovo, and, until recently, East Timor; third, it reflects upon the normative implications that a resurrected practice of trusteeship carries for a society of states that is premised on the juridical equality of all its members. The five sections of the chapter are: The False Promise of post‐Colonial Independence; Innovation and Convention—the case for trusteeship in Bosnia and Herzegovina, Kosovo, and East Timor; The New International Legitimacy—the resurrection of trusteeship; A Universal Society of States?; and Answering the Call of Humanity.
Historical Perspectives and the Politics of Pension Reform
Authors: Clark Gordon L.
Published: August 2004

This chapter explores the public-private divide with regards to the development of occupational, professional or firm-based pensions in Britain after the Second World War, and how these were accommodated within state schemes. The first section traces the debate surrounding British pension reform in the 1960s, in the period following the introduction of the State Earnings Related Pension Scheme. The second section briefly describes a history of other European pension developments in the same period. The third section offers a comparative overview of these developments. It is argued that when all forms of political and government intervention are taken together, the distinction between public and private in this area remains arbitrary and eclectic.
Pensions: The European Debate
Authors: Clark Gordon L.
Published: August 2004

This chapter examines the policy directions of pension reform in the EU. Discussions taking place at the European level propose incremental changes rather than radical reform, with attempts being made to reconcile apparently contradictory objectives (collective solidarity and market forces). This in turn, touches on the close link between the problem of pensions and employment strategies.
Is there a Dutch Way to Pension Reform?
Authors: Clark Gordon L.
Published: August 2004

This chapter examines whether the Dutch pension system is prepared to meet the demands of changing labour markets and an aging population. The stock market crisis in 2002 exposed the vulnerability of Dutch pension funds. As a result, higher premiums are necessary to compensate for falling pension coverage ratios. Moreover, the slowdown in economic growth draws attention to the political difficulty of maintaining a strategy of debt-redemption under a recession. Thus, the pressure for pension reform in the Netherlands is expected to increase in the first decade of the 21st century.
Private Pensions as Partial Substitute for Public Pensions in Germany
Authors: Clark Gordon L.
Published: August 2004

This chapter explores pension reform in Germany. It begins with a brief overview of the institutional structure of the system of old age protection. Recent pension debates are discussed, and the major elements and effects of the 2001 pension reform are analysed. Pension reform has created a trend towards reducing the benefit level in social insurance. The issue of making private pensions mandatory is expected to be included in the political agenda.
Pension Reform in Sweden and the Changing Boundaries between Public and Private
Authors: Clark Gordon L.
Published: August 2004

This chapter explores the impact of pension reform in Sweden. It begins with a description of the background of the reform and its elements, including the funded-component and its organisation. The different forms of integration with international financial markets generated by the changes in the funding of the public system, and the public-private interplay in pension provision are discussed. The future of nation-based welfare state from a Swedish perspective is then presented.
Pension Reform in the United Kingdom: Increasing the Role of Private Provision?
Authors: Clark Gordon L.
Published: August 2004

This chapter examines pension reform in the UK. It argues that future reform of the UK pension system is unnecessary to make it sustainable in terms of costs. Forecast expenditures can be met without tax increases due to large cuts to the state pension system in the last 20 years. However, whether the current system is politically sustainable remains uncertain. Given that a rising percentage of the electorate will be aged over the state pension age, what they expect with regards to retirement income may impact current pension system.
Restructuring Pensions for the Twenty-first Century: The United States’ Social Security Debate
Authors: Clark Gordon L.
Published: August 2004

This chapter focuses on the debates over the privatisation of Social Security in the United States. It is argued that privatisation alone will not improve Social Security’s finances nor raise returns on employees’ payroll tax contributions. Private accounts will shift the financial risk of the basic pension to the individual and sow the seeds for unravelling the US social insurance system.
The Pluralist Architecture of World Politics
Authors: Jackson Robert
Published: August 2004

This chapter reviews the important events surrounding the Peace of Westphalia, which marked the end of the solidarist Middle Ages and the beginning of the pluralist era of modern state-centred politics. It shows how a societas of sovereign states involves a complementary ethics of statecraft, and examines four political responsibilities of independent statespeople. It argues that modern international society is an institutional arrangement that affirms and seeks to uphold normative pluralism in world politics.
Security in a Pluralist World
Authors: Jackson Robert
Published: August 2004

This chapter examines security in international human relations. It argues that the present day world of security is made up of different normative spheres. It remains a pluralist world for all states, but for the West in their own relations, it is also a solidarist world. Respect for human security in the West has almost everything to do with geographical proximity, shared historical experiences, the general legacy of secularised Christian ethics, and the common civic culture of most of these countries.
The International Criminal Tribunal for the Former Yugoslavia
Authors: Kerr Rachel
Published: August 2004

This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its duties as an impartial judicial body, given that it was established for political purposes. It is argued that the external political function did not undermine the Tribunal’s status as an impartial judicial body, but rather enhanced its effectiveness.
Jurisdiction: ‘Beyond Any Doubt’?
Authors: Kerr Rachel
Published: August 2004

The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way that it became a very conservative document, due to a perceived need to ensure that the law applied by the Tribunal had a sound legal basis. It defined the territorial and temporal jurisdiction of the Tribunal in as much as it was tied to the situation that was deemed a threat to international peace and security. Finally, it impacted the interpretation of jurisdiction by the court because prosecutors and judges tended to view decisions handed down by the court as relevant not only to the case at hand, but to the development of international humanitarian law.
Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’
Authors: Kerr Rachel
Published: August 2004

This chapter examines issues associated with the formulation and interpretation of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The main contribution of the jurisprudence of the Tribunal was ironing out some of the complex issues of procedure, which will be useful in cases before the International Criminal Court, national court, and other ad hoc tribunals. The example of the ICTY shows that there are a series of trade-offs that must be managed. Finding the correct balance means understanding the relationship between the internal and external mandate of the Tribunal - justice must be done, and seen to be done.
Cooperation and Judicial Assistance: The Tribunal's ‘Artificial Limbs’
Authors: Kerr Rachel
Published: August 2004

This chapter examines the balancing of diplomatic, political, and judicial roles in the operation of the International Criminal Tribunal for the Former Yugoslavia. It presents the legal framework for international cooperation and judicial assistance, and discusses the various levels at which cooperation occurs in practice. It argues that nature and extent of cooperation depends on political will. In its early years, the Tribunal had difficulty obtaining political, diplomatic, and logistic support from the very governments that voted for its establishment. The situation has improved over time, notably following the completion of a peace agreement for Bosnia.
‘First Catch Your Criminal’: Obtaining Custody of Accused
Authors: Kerr Rachel
Published: August 2004

This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody obtained through arrests by national police authorities, detention by international forces, and voluntary surrenders. It discusses the political and judicial consequences of apprehending suspects.
An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion
Authors: Kerr Rachel
Published: August 2004

This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard Goldstone (1994-96), Justice Louise Arbour (1996-99), and Justice Carla Del Ponte (1999 onwards). The Goldstone era was characterised by very public indictments and Rule 61 proceedings aimed at raising the Tribunal’s profile. Arbour deployed the legal force of the Tribunal to ensure that it was a fully functional criminal court by the time she departed. The Del Ponte era was characterised by a more public and open approach to discussing ongoing investigations.