bluuebunny/crossref_metadata_2025 huggingface dataset:
Experimental Public Choice
Authors: Kamm Aaron , Schram Arthur
Published: February 2019

This chapter contrasts rational-choice predictions of voter behavior with observations from laboratory and field experiments. Specifically, the authors discuss voters’ party choice and turnout decisions, both for elections under proportional representation and with plurality rule. The first part of the chapter studies turnout and finds mixed support for the comparative statics predicted by the rational-choice framework. In the second part, voters’ party choices are analyzed and it is shown that if we allow for non-selfish preferences, observed behavior is overall in line with the rational-choice approach. The third, and final, part of the chapter analyzes turnout behavior and party choice simultaneously so as to highlight the potential interaction effects between the two. While this question has not received much attention in the literature, the limited evidence currently available is broadly in line with rational-choice predictions.
Experimental Evidence on Expressive Voting
Authors: Tyran Jean-Robert , Wagner Alexander K.
Published: February 2019

Standard economic reasoning assumes that people vote instrumentally—i.e., that the sole motivation to vote is to influence the outcome of an election. In contrast, voting is expressive if voters derive utility from the very act of expressing support for one of the options by voting for it, and this utility is independent of whether the vote affects the outcome. This chapter surveys experimental tests of expressive voting with a particular focus on the low-cost theory of expressive voting. The evidence for the low-cost theory of expressive voting is mixed.
Politics and the Legal System
Authors: Epstein Lee , Martin Andrew D. , Quinn Kevin , Segal Jeffrey A.
Published: February 2019

The title of the chapter, “Politics and the Legal System,” might conjure up images of judges logrolling, credit claiming, vote buying, and redirecting blame—in other words, judges acting as politicians. But the literature on judicial behavior almost never characterizes judges as “politicians in robes.” Rather, it treats “politics,” or more precisely “policy preferences,” as an important motivating force, such that a major goal of all judges is to see the law reflect their preferred policy positions. The authors follow suit, describing the role of policy preferences in studies of judging, as well as the approaches scholars have proposed to measure them. The chapter ends with a discussion of whether policy preferences should remain a focal point of research on judging. Believing that the answer is (an equivocal) no, the authors propose new avenues for research.
Constitutional Transition
Authors: Elkins Zachary
Published: February 2019

In most countries, constitutions come and go more often than one might expect or prefer. In recent years, scholars have begun to advance theories to understand the life expectancy of these important documents. This chapter distills and reports on a set of theoretical and empirical insights derived from an historical investigation of constitutional transitions. Specifically, the chapter addresses four sets of questions regarding such transitions. The first set of questions is conceptual (transitions of what, exactly?), the second descriptive (transitions when, where, and how often?), the third explanatory (why and how?), and the fourth is normative (transitions with what consequences?). A background implication of frequent constitutional turnover is that the business of constitutional advising is more relevant than one may expect, and probably deserves more consideration.
Defense Rights, Duties, Norms, and Practices in Common Law and Civil Law Jurisdictions
Authors: Cape Ed
Published: February 2019

This chapter compares defense rights, duties, norms, and practices in common law and civil law jurisdictions. It first provides an overview of international norms regarding defense rights, focusing on the elements of the right to fair trial that are substantially reflected in international normative instruments. It then examines the “role” of the suspects and the accused in common law and civil law systems, along with the range of defense rights, at both the investigative and trial stages, and how they may be articulated, using the European Union’s procedural rights program as an exemplar. It also highlights the challenges to implementation across both adversarial and inquisitorial jurisdictions. Finally, it asks whether normative standards may be meaningfully applied across jurisdictions in the context of different procedural traditions, and the significance of criminal justice processes in the development and confirmation of national identities.
Procedural Roles
Authors: Hans Valerie P. , Helm Rebecca K.
Published: February 2019

This chapter examines the procedural roles of professional judges, lay judges, and lay jurors in criminal adjudication. It considers the relationships between each actor and other participants in the criminal process, using examples from specific jurisdictions within three identified adjudicatory frameworks. It also discusses competing trends in the roles of each actor in systems across the world, focusing on increased reliance on professional judges in some countries and introduction of new lay judge and jury systems in others. The likely impact of these shifts is explored by comparing patterns in judge versus jury decision-making. The chapter concludes by highlighting reasons for global trends observed in the allocation of decision-making in criminal adjudication to particular actors, noting the desire for greater accountability in systems shifting toward more judicial control as well as the attraction of democratizing decision-making in systems embracing trial by jury.
Victim Rights in Civil Law Jurisdictions
Authors: Göhler Johanna
Published: February 2019

This chapter discusses the issue of victim rights in criminal justice processes in civil law jurisdictions, using supranationally applicable European Union law on victim rights as well as examples from domestic jurisdictions. It first considers the right of a victim to be informed about all rights and services in the context of a crime and how he/she can realize these rights before analyzing the obligation of states to protect the victim’s interests in privacy, bodily integrity, life, liberty, and security. It then explains procedural rights allowing the victim to actively participate and influence decision-making in criminal proceedings, the normative and theoretical foundation of a victim’s right to criminal prosecution and punishment, and a victim’s right to a review of a decision not to prosecute. It also examines how the victim’s role in criminal proceedings is conceived, and concludes with an overview of the concept of parallel justice for victims.
Interviews of Suspects of Crime
Authors: Malsch Marijke , de Boer Meike M.
Published: February 2019

This chapter examines the European law and practice of police interrogation of suspects of crime, and more specifically the extent to which wrongful convictions have led to reform of interrogations in six countries: Germany, France, Italy, Switzerland, Belgium, and the Netherlands. Before discussing the regulations and the interview practices of those countries, the chapter describes the different interview methods used by the police and the risk that some techniques might generate a false confession. These include the Reid Technique, the PEACE Model, and techniques associated with false confessions. The chapter goes on to consider the relevant provisions of the European Convention of Human Rights (ECHR) and European Union directives before concluding with an analysis of regulations and police interview practices in the six countries under review.
Fundamental Values of Criminal Procedure
Authors: Lippke Richard
Published: February 2019

This chapter examines the fundamental values that ought to inform criminal procedure. More specifically, it considers what we ideally should want from the rules and procedures that exist in legal jurisdictions throughout the world. Three fundamental values are discussed—human dignity, truth, and fairness—and the ways in which they can be upheld or subverted by criminal justice practices. Illustrations are drawn primarily from the United States, but reference is also made to criminal procedure in other countries, including those in the civil law tradition. The article concludes by analyzing two further candidates for inclusion on the list of fundamental values of criminal procedure: the “effectiveness” of criminal procedure and the value of “expertise” that highlights the distinction between the common law and civil law traditions.
Digital Civil Liberties and the Translation Problem
Authors: Washington Michael , Richards Neil
Published: February 2019

This chapter examines the implications of digital technologies for civil liberties and for the translation problem by looking at four case studies, each of which shows how technology and social norms have changed to allow substantially greater government access to personal information. The chapter first traces the origins of the translation problem and the trouble with telephonic communications before discussing a new type of information, location information, and how courts have addressed the translation problem when location information is involved. It then considers how GPS and other location-tracking technologies have stretched the law to its doctrinal limits. It also explores the translation problem in the contexts of smartphones and the cloud, as well as how a single doctrine of judicial interpretation, the third-party doctrine, has threatened civil liberties worldwide. Finally, it describes the translation problem in the European Union.
Jurisdiction and Transnational Ne Bis in Idem in Prosecution of Transnational Crimes
Authors: Klip André
Published: February 2019

This chapter explores the range of jurisdictional principles that have been developed by various states to address the applicability of ne bis in idem to the prosecution of transnational crimes. It first considers two approaches under international law dealing with criminal jurisdiction before discussing state practice on jurisdictional principles, focusing on territorial jurisdiction, the protective principle, the flag principle, and the active nationality principle. The aut dedere, aut judicare principle, passive nationality principle, the domicile principle, the principle of universal jurisdiction, and the principle of complementary jurisdiction/secondary jurisdiction are also examined, along with the justifications for states to vest extraterritorial jurisdiction. The chapter concludes with an analysis of solution mechanisms for the prevention of conflicts of jurisdiction and of limitations to jurisdiction.
Access to and Limits on Evidence Dossiers in Civil Law Systems
Authors: Caianiello Michele
Published: February 2019

This chapter examines issues surrounding the right of access to and limits on evidence dossiers in civil law systems. It first provides an overview of the general aims pursued by the law in regulating the parties’ right of access to the investigative file before discussing supranational sources, such as the European Convention on Human Rights (ECHR) and the case law of the European Court on Human Rights (ECtHR). In particular, it explores how the jurisprudence of the Court of Justice of the European Union (CJEU) and certain directives adopted by the European Union on the right to information by defendants and by victims has influenced the criminal procedures of EU Member States. It also analyzes disclosure at the International Criminal Court (ICC) and concludes by explaining how civil law systems have changed in recent years, what their common features and shortcomings are, and how they could be improved.
Transnational Access to Evidence, Witnesses, and Suspects
Authors: Gless Sabine
Published: February 2019

This chapter examines issues surrounding transnational access to evidence, witnesses, and suspects. More specifically, it considers whether the evidence can be transferred between nation-states without negatively affecting the legitimacy, fairness, and reliability of the fact-finding procedure. The focus is on basic questions arising from the conflict between the criminal justice systems’ genuine interest in comprehensive and reliable fact-finding and the specific restrictions on fact-finding when evidence exists beyond a state border. The chapter first traces the historical roots of transnational access to evidence and provides an overview of current legal practices before using the German and U.S. legal frameworks as case studies to illustrate the impact of mutual legal assistance in a civil law and a common law jurisdiction. It then outlines new approaches to transnational access to evidence such as the framework of the European Union, with emphasis on safeguards for reliability and fairness of fact-finding.
Comparing Plea Bargaining and Abbreviated Trial Procedures
Authors: Gilliéron Gwladys
Published: February 2019

This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first considers consensual criminal procedures across jurisdictions and why they exist, focusing on plea bargaining in the U.S. criminal justice system and abbreviated trial procedures in European civil law systems. It then examines the extent to which abbreviated trial procedures in civil law systems differ from plea bargaining in the U.S. system, the problems inherent in consensual criminal procedures, and the question of whether there are any solutions. In particular, it explains how plea bargaining and penal orders may lead to wrongful convictions. Finally, it discusses prospects for reform of plea bargaining in the United States and in civil law systems in Europe.
Forensic Science Evidence, Adversarial Criminal Proceedings, and Mainstream Scientific “Advice”
Authors: Edmond Gary
Published: February 2019

This chapter examines adversarial responses to forensic science evidence, with emphasis on the implicit orderliness and taken-for-granted evidentiary value of some historical (that is, pre-DNA) forensic sciences as well as the legal assumptions and practices that developed symbiotically alongside them. It first provides an overview of the main rules and procedures regulating the admission and use of expert opinion evidence in adversarial criminal proceedings before discussing the findings and recommendations of various scientific reviews. It also considers legal engagement with forensic science evidence and related scientific advice, and concludes by asking whether there are meaningful standards regulating the admission of forensic science evidence and noting the implications of this for the efficacy of traditional adversarial trial mechanisms, the fairness of proceedings, and the rectitude of legal decision-making.
Comparative Approaches to Criminal Procedure
Authors: Grande Eliabetta
Published: February 2019

This chapter discusses comparative approaches to criminal procedure, focusing on transplants, translations, and adversarial-model reforms in European criminal process. In particular, it examines the idea of “Americanization/adversarialization” of European criminal procedures—that is, the possible convergence between American common law and European civil law criminal procedure systems toward a common adversary core structure. The chapter also considers the implications of transplanting some American adversarial features into the non-adversary European soil, such as pretrial investigations conducted by the police and the public prosecutor in lieu of the investigating judge typical of the civilian tradition; exclusionary rules; cross-examination; and jury trial. It compares the so-called tango justice with rumba justice and analyzes the “revolutionary change of procedure” with respect to cross-examination of witnesses, jury trial in Spain, and plea bargaining in Europe.
Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions
Authors: Bachmaier Lorena
Published: February 2019

This chapter examines the primary grounds for challenging the admissibility of evidence, the methods to do it, and the potential consequences of those challenges for civil law systems. It first provides an overview of the jurisprudence of the European Court of Human Rights (ECtHR) with respect to admissibility of evidence, before discussing the exclusionary rules of evidence, focusing on the methods for excluding unreliable evidence, irrelevant or unnecessary evidence, and illegally obtained evidence. It then considers the process for challenging the admissibility of evidence, the cross-examination of witnesses, and the role of trial courts in the questioning of witnesses. It also tackles the admissibility of out-of-court witness testimonies in European civil law systems and notes the convergence between common law and civil law systems with regard to methods for excluding evidence and for questioning witnesses.
Pluralism in International Criminal Procedure
Authors: Turner Jenia Iontcheva
Published: February 2019

This chapter examines the pluralistic nature of international criminal procedure. International criminal procedure refers to the procedures used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals for the former Yugoslavia and Rwanda and then at hybrid courts and the International Criminal Court. It then discusses the goals pursued by international criminal procedure, such as: providing a fair trial, establishing the truth, enforcing criminal laws effectively, respecting human rights, and promoting the rule of law. Different views about the proper weight to be placed on each of these goals leads to diverse procedures across and within international criminal courts. The chapter considers two examples of pluralism in international criminal procedure: judicial management of criminal proceedings and involvement of victims in the proceedings. Finally, the chapter offers a normative assessment of pluralism in international criminal procedure. While diversity of procedures can help international criminal courts arrive at solutions that address the unique political and practical challenges of international criminal justice, divergent procedures within the same court raise concerns about predictability and equal treatment.
Global Norms, State Regulations, and Local Activism
Authors: Khor Diana , Tang Denise Tse-Shang , Kamano Saori
Published: February 2019

This chapter discusses the intersection of sexual minority rights, global polity, and political economy through case studies of marriage equality in Japan and Hong Kong. Past research on the complex relationship between local activism and global norms in Japan and Hong Kong is limited. Through a detailed analysis of interconnecting discursive practices among governments, local nongovernmental organizations on LGBT rights, United Nations covenants on discrimination against sexual orientation, and perceived global standards of marriage equality, the authors explore the lone pursuit of same-sex partnership benefits and rights as a potential illusion of progress, hence forestalling fundamental changes in wider society. As Hong Kong and Tokyo strive to be world cities in the Asian region with the forthcoming Tokyo Olympics in 2020 and Gay Games in Hong Kong in 2022, the chapter further examines the challenges for global norms to be invoked and reworked in domestic contexts.
Epistemic Norms of Assertion and Action
Authors: Gerken Mikkel , Petersen Esben Nedenskov
Published: February 2019

This chapter surveys the work on epistemic norms of action, practical deliberation, and assertion. In doing so, it is considered how these norms are interrelated. If there are important similarities between the epistemic norms of action and assertion, these may have important ramifications for how we should think about asserting. Thus, the chapter indicates how thinking about assertions as a speech act might benefit from a broader action theoretic setting. In consequence, we begin by considering the epistemic norms of action and practical deliberation on the market. On this basis we proceed to considering the epistemic norms of assertion. Finally, we consider their interrelation and wider ramifications.
Water in The Baroque Garden
Authors: Hanke Stephanie
Published: February 2019

The article investigates the central role of water in European baroque gardens by using selected examples from Italy, France, Germany, and Spain. It focuses on the significance of water for the organization of space, the variety of its artful mise en scène in different fountain types, its multi-faceted symbolism, and on its performative possibilities concerning a physical as well as psychical involvement of the garden visitor. It is mainly the ambivalent materiality of water—its mutability, movement, transparency, and reflective quality—that define the Baroque’s affinity to this ephemeral and entirely atectonic element that activates different senses simultaneously and is particularly suited for a synesthetic experience of the garden. Yet, water displays also assumed an important role for sociability, as they could determine different moods in various parts of the garden, create amusement and intimacy between the visitors, and raise their awareness of hierarchies and power relationships by the demonstration of technical mastery.
Ottoman Baroque
Authors: Rüstem Ünver
Published: February 2019

The Ottoman capital of Istanbul was transformed in the eighteenth century by the rise of a new building style that scholars have dubbed “Ottoman Baroque” in reference to its adaptation of European-inspired forms. Challenging the view that the style was derivative and inauthentic, this chapter explains the Ottoman Baroque as a conscious endeavor to refashion Istanbul into a modern city boasting a globally resonant mode of architecture. Such rebranding was part of a larger move to reaffirm the empire’s status in an age of intensified transregional interaction and dialogue. Its cosmopolitanism notwithstanding, the Ottoman Baroque was thoroughly and purposefully localized, even incorporating Byzantine motifs that invoked the Ottomans’ own claim to the Classical artistic heritage of Europe. Contemporary observers, whether native or foreign, wrote in overwhelmingly positive terms about the style, whose popularity proves the Ottomans’ success in crafting a compelling new visual identity for their empire.
Machine Plays
Authors: Visentin Hélène
Published: February 2019

This article focuses on the practice of machine theater that originated from courtly spectacles in Italy during the Renaissance and developed throughout Western and Central Europe during the seventeenth century. Defined by rapid scene changes and special effects, machine plays reflect the Baroque fascination with both mechanical devices and the law of optics—or scenery perspective—to produce wonder while displaying royal power and prestige. The aim of this article is threefold: to provide an overview of the origins and development of machine theater, to examine the transmission and dissemination of stagecraft knowledge, and to look at the changing nature of machine plays performed by public theater companies, which took advantage of stage machinery innovations to broaden their repertoire, attract a larger audience, and remain competitive.
The Study on Ancient Israel and Its Relevance for Contemporary Politics
Authors: Weisz Eduardo
Published: February 2019

When Max Weber began his work on the historical importance of the relationship between the Protestant ethic and modern capitalism, he committed himself to the most enduring of his theoretical interests, the economic ethic of the most important religions. Investigating central issues in Max Weber’s study on ancient Judaism, this chapter points to its relevance for the understanding of contemporary populism. For this purpose, two key aspects of his work are emphasized: this religion’s rationality—inescapable for the understanding of Western modernity—and the charisma of the biblical prophets, based on their social and political position as well as on the affective bond they formed with the masses. Both aspects provide important insights for the assessment of contemporary populist movements.
Economics and Society and the Fate of Liberal Capitalism
Authors: Whimster Sam
Published: February 2019

Weber’s writings on economic history, economic policy, and schools of economics and his teaching of economics are outlined. His engagement with, and expertise in, economics are revealed to be more extensive than is generally appreciated. The full potential of his major work Economy and Society has yet to be exploited, and this requires a clearer grasp of Weber as an economist. His critique of the scientific claims of modern economics is still relevant, and this is illustrated through his use of the Austrian marginalist school. The appropriation of Weber’s supposed individualist social science by Mises and Hayek is shown to be misplaced. The relevance of Weber’s writings as an economist for the analysis of contemporary “neoliberal” societies is explored. Weber combines a knowledge of neoclassical economics with an awareness of how economic power is deployed to seek out profit opportunities. The similarities between the liberal laissez-faire economics of his day and the neoliberal regime that has taken hold since the 1980s now allow us to appreciate fully his economic sociology and apply it to contemporary capitalist practices. Weber’s analysis of the economic division of labor yields a conceptual distinction between rentier and acquisitive capitalism and explains how rentiers can form a status group and intervene in bourgeois parliamentary democracy. Weber’s distinctive approach makes possible the analysis of the interrelation between economic power, economic ideas, and the spheres of politics and social stratification.
Omnivorousness, Distinction, or Both?
Authors: Johnston Josée , Baumann Shyon , Oleschuk Merin
Published: February 2019

This chapter provides an overview of the evolution and debate surrounding the legacy of Bourdieu’s ideas about culture and class inequality. It charts the development of the sociological concepts of distinction and omnivorousness, making note of important points of consensus, while considering gaps and puzzles that continue to trouble the field. The chapter argues that cultural consumption remains a central framework for understanding the perpetuation and cultural rationalization of inequality. Over three decades of research in the sociology of culture highlights the contemporary infusion of elements of democratic inclusion into cultural omnivorousness, yet also how it operates ideologically to obfuscate the deep, disturbing divisions that still exist between rich and poor on a national and global scale. During a period in which wealth disparities are on the rise, the result is more likely an obfuscation of inequality, rather than meaningful social change to reduce it.
Subcultures and Consumption
Authors: Schouten John W.
Published: February 2019

Based on over fifteen years of ethnographic work with Harley-Davidson and its customer base, this chapter speaks to the articulations between subcultures, consumption, and markets. It addresses methodological concerns and key substantive issues about subcultures that form and exist for the purpose of consuming communally and distinctively. Topics include the defining characteristics of consumption-oriented subcultures; their co-creation by consumers and marketers; their evolution and potential decline; suggested theoretical approaches to further study; and the continuing relevance of subculture as a construct for understanding consumption.
Consumer Cities, Scenes, and Ethnic Restaurants
Authors: Silver Daniel , Clark Terry Nichols
Published: February 2019

This chapter builds on past work to examine the distinctive ways in which ethnic restaurants help to define the contemporary scenescape in US cities. It uses the example of restaurants to illustrate how to apply and extend a scenes approach. Restaurants in general and ethnically themed restaurants are crucial components of many cities and communities’ consumer offerings. They often make the scene. After briefly reviewing some general principles of the scenes perspective, the authors discuss ethnic neighborhoods and the role of consumption venues such as restaurants in defining their identity. The authors stress multiple ways that ethnically themed amenities and local populations may overlap in various contexts, as well as how they can join with other dimensions of local scenes. These ideas are illustrated by examining multiple types of ethnic restaurants across all US zip codes, paying particular attention to the degree to which they correspond with coethnic residential populations, and how this varies by group and city. The authors also investigate the types of scenes typical of cosmopolitan areas that offer diverse ethnic cuisines.
Cultural Markets and Consecration
Authors: Verboord Marc
Published: February 2019

Cultural consumer markets are, to a large degree, governed by processes of social stratification, distinction, and the symbolic properties of cultural taste. Especially Bourdieu’s field theory has been influential, but in recent years criticized—often for its emphasis on cultural hierarchies and consecration agents. This chapter argues that it would be naive to conclude that symbolic differences no longer matter in contemporary cultural markets. Drawing on empirical material in the domains of globalization and digitalization—arguably two of the most important developments in cultural markets in recent decades—this chapter shows how symbolic inequalities remain important for understanding markets. It compares audience preferences with consecration outcomes and concludes that cultural mediators and consecrators often offer more cultural diversity than audience markets. Also digitalization is—so far—not the great equalizer: digital access to cultural content differs across countries, age groups, and educational levels.
Students’ Individual Rights Safety and Privacy
Authors: Gardner Martin
Published: February 2019

This chapter addresses problems faced by educators attempting to provide their students with a safe and effective learning environment. Drugs and weapons in many schools pose serious safety and discipline problems, while threats of violence from sources outside the school have become increasingly serious. Educators deal with these problems while students enjoy Fourth Amendment rights. Often the privacy rights of students conflict with the interests of school officials. The task of the law is to accommodate the respective interests of educators and students. The discussion herein addresses some of these issues of student privacy and safety. The examination of school privacy focuses on the extent to which the Fourth Amendment’s protection against “unreasonable searches and seizures” applies to those attending public schools. The Fourth Amendment discussion illustrates the often-conflicting obligation of educators to keep those in their charge safe while at the same time respecting student privacy concerns. School safety interests also exist outside the context of the Fourth Amendment as illustrated by strategies to keep schools safe from threats such as those dramatically manifested by school shootings killing multiple students. Some such strategies, along with discussion of the dangers of cell phones in schools, will be reviewed in this chapter. The Fourth Amendment section considers the relevant U.S. Supreme Court decisions addressing student rights under the Fourth Amendment, as well as reviewing lower court cases treating issues left open by the Supreme Court. The chapter concludes by highlighting school safety issues not directly involving the Fourth Amendment.
Global Public Policy and the Constitution of Political Authority
Authors: Skogstad Grace
Published: February 2019

The prospects for policy beyond the territorial state hinge on the possibilities of constructing sites and processes of legitimate transnational political authority. To illustrate the nature of the authority challenge and how these challenges affect the policy process, the chapter investigates three pathways on which transnational political actors are expected to be present. The first pathway is via international organizations granted legal authority by their member states; the second, via private actors establishing regulatory standards for the conduct of transnational businesses; and the third, via processes of voluntary diffusion of policies across states. It argues that the authority challenges that arise in pathways one and two—about who gets to decide and via what processes—are less likely to surface in pathway three.
Conceptualizing Global Public Policy
Authors: Kaul Inge
Published: February 2019

The world is confronting a lengthening list of unresolved global challenges, many of which possess the properties of global public goods. However, we still lack a fully-fledged theory and practice of genuine global public policy. Based on an analysis of what sets global public goods, such as climate change, cyber-security, and international financial stability apart from other policy concerns, this chapter identifies five basic features that a global public policy would need in order to suit the purpose of global public good provision and develop into a recognized new policy field as a function of governance systems, nationally and internationally.
Global Policy and Transnational Administration
Authors: Stone Diane
Published: February 2019

In the scholarly lexicon, neither ‘global policy’ nor ‘transnational administration’ are consensual ideas or well established. There is considerable debate over these terms which do not fit well within dominant frames of methodological nationalism. Yet, the terms hold a constructivist propensity for ‘world making’. The first part of this chapter concentrates on academia and evaluates the development of the idea of global policy and transnational administration in scholarly journals and other academic publications. The second part goes beyond the academy to focus on the roles played by the world’s leading think tanks, international non-governmental organizations, global dialogues, and research institutes as well as their partnerships with key international organizations. The collaborative knowledge networks these actors have built have also been important for conceptual advancement, methodological transnationalism, and policy praxis.
The Agenda-Setting Capacity of Global Networks
Authors: Chaqués-Bonafont Laura
Published: February 2019

This chapter examines the agenda-setting capacity of global policy networks. It argues that the capacity of global networks to promote new ideas and understanding about issues at the global scale depends on their ability to produce information and indicators, to quantify the magnitude of issues and the consequences of inaction, and to take advantage of the opportunities generated by political transformations and preference shifts. Yet, it recognizes that once global networks are formally institutionalized, they become important gatekeepers, preventing the entry of certain issues and ideas onto the political agenda, by adopting above all a strategy of non-decision. The chapter also highlights some of the theoretical and methodological shortcomings of this line of research, especially those regarding legitimacy and political representation.
Knowledge Networks, Scientific Communities, and Evidence-Informed Policy
Authors: Sending Ole Jacob
Published: February 2019

The transnationalization of public policy has in part been driven by knowledge networks, but the role and functioning of such networks have also been transformed in the process. This chapter discusses some key contributions in the study of knowledge networks in transnational policy from both public administration and from International Relations, and highlights areas where there is scope for cross-fertilization. Three issues merit attention. First, the ways in which normative commitments are linked to or articulated with knowledge production and how this shapes the role and functioning of knowledge networks. Second, how the emergence of evidence-based policy and the reliance on ‘objective’ measures as a basis for public policy transforms the status of expertise and may undermine the idea of the expert as providing judgements. Third, how transnationalization is also a process of differentiation, which renders our analytical vocabulary less useful, since a key feature of differentiation is the blurring and re-drawing of boundaries between actors and activities.
Evolving Funding Patterns of Global Programmes and Their Impacts on Governance and Operations
Authors: Alesani Daniele
Published: February 2019

Macro trends in funding international aid programmes are the focus of this chapter which explains how emerging innovative financing mechanisms are contributing to shape the approach to development themes. The chapter then presents the important issue of donor-led performance accountability, in the context of a significant increase in voluntary and earmarked funding, coupled with significant competition for visibility and resources among international organizations. There are implications related to the shift in role of international organizations and the transition to an ‘indirect’ programme implementation modality, based on capacity building of developmental counterparts and cash-based humanitarian assistance. This identity change requires time and the adaptation of skills and business models. Ways forward and areas for further research are identified in relation to the drivers of collaboration and competition among international aid players. This includes increasing funding and programmatic integration between ‘development’ and ‘humanitarian’ aid and for exploiting the potential of public–private collaboration for innovative and sustainable funding for development.
Organized Business and Global Public Policy
Authors: Ronit Karsten
Published: February 2019

Global business is organized through multiple associations, from the encompassing entities that depresent vast sections of the global business community to highly specialized bodies representing specific industries. These associations have their own private administrations and, in many cases, dispose of significant resources, which sometimes are far superior to those accumulated by intergovernmental organizations. The associations represent the negotiated positions of the relevant business groups in exchanges with intergovernmental bodies, and thus they have many opportunities to leverage public policies adopted in these forums. Some bodies are inclined to adopt business friendly policies and business associations have also important knowledge and arguments to influence policies through many kinds of participation mechanisms. In a further number of cases, associations even adopt norms and rules that become valid in governing the behaviour of business in general or in a particular sector of the economy, and they become alternatives to traditional public policy.
Transnational Administration from the Beginning
Authors: Tao Jill L.
Published: February 2019

Max Weber’s concept of charismatic authority and Anthony Downs’ expansion of this idea both highlight the role charismatic founders of institutions play in structuring such institutions’ later authority. Downs carries this idea forward by suggesting that all organizations have a life cycle whose early stages harbour unique conditions for growth and innovation. For international organizations, the circumstances surrounding their creation and the subsequent establishment of organizational norms are poorly understood. This chapter examines the conditions surrounding the founding of two international organizations: the International Finance Corporation; and, the Green Climate Fund. Through an examination of the circumstances surrounding their founding, including the choice of leadership, and the shaping of organizational mandates through the role of ‘charismatic leadership’ in each, this chapter develops a set of questions drawn from this formative period to create a comparative framework for analysis. Using these founding narratives, this chapter demonstrates the influential role that charisma can play in shaping where organizations may go in the future, and lends support to the predictions offered by Downs.
Transnational Policy Communities and Regulatory Networks as Global Administration
Authors: Gaus Alexander
Published: February 2019

In recent decades, the development of public policies has shifted significantly from the national level to a transnational one. On many issues, from finance to computer security, transnational policy communities and regulatory networks now coordinate a myriad of stakeholders from different sectors, set agendas, create policies and standards, and support their global diffusion. While the existence of these new forms of governance is well established in the literature, our knowledge of the formation, the governance structures and the instruments for managing transnational policy communities and regulatory networks are limited. This contributes to equally limited attention to the challenges of managing such communities and networks. New avenues of research include questions about the power within and exerted by transnational communities and networks, as well as their organizational quality and relative effectiveness.
The United Nations, Peacekeepers, and Accountability
Authors: Ndulo Muna
Published: February 2019

The 2016 reports of sexual abuse by United Nations peacekeepers in the Central African Republic and the 2015 Haiti cholera epidemic brought renewed attention to the debate on the accountability of the United Nations for wrongs committed or damages caused by peacekeepers against civilian populations in host countries. In domestic jurisdictions, victims of wrongs enforce accountability or seek redress for wrongs or injuries committed against them through the courts. Yet, the doctrine of immunity precludes any legal actions against the United Nations and its officials in domestic courts. They enjoy immunities and privileges under the laws of member states from every form of legal process except insofar as the United Nations has in any particular case expressly waived its immunity. Given the doctrine of immunity, the chapter addresses how accountability can be promoted through policies and measures that ensure that there is no impunity for wrongs committed against civilians and communities by United Nations officials.
City Networks and Paradiplomacy as Global Public Policy
Authors: Smith Heidi Jane M.
Published: February 2019

Mayors, local legislators, governors and other subnational elected officials have traditionally engaged in paradiplomatic international activities for their own trade promotion and economic development through city-to-city exchanges, business study groups, and youth exchanges. With urbanization and the decentralization of political and administrative structures along with a deepening liberal order, there is a new uprising of city actors pursuing paradiplomacy. Defined as local activities that have a global public policy impact, they include, for example, subnational actors’ involvement in climate change and other environmental issues affecting cities. Subnational global engagement can challenge national diplomatic efforts, while at the same time may also increase the administrative and management burden of cities. This chapter provides a historical and conceptual frame for understanding the rise of subnational actors in global policy, their main motivation and functional roles, and involvement in associations within national governments, subnational politics, and international organizations.
Designing Global Public Policies in the Twenty-First Century
Authors: Chou Meng-Hsuan , Ravinet Pauline
Published: February 2019

The rise of global initiatives in many policy sectors is an emerging phenomenon that deserves the attention of scholars interested in international relations, regional integration, and policy sciences, as well as practitioners seeking comparative examples beyond their national and regional borders. This chapter demonstrates the value-added of the design orientation in studying this phenomenon and the implications for the contemporary delivery of public services and goods. It begins by describing three waves of policy design studies and their insights for unpacking the relationship between instrument design and intended outcomes. The overview reveals a notable feature of the extant policy design approach: its empirical preoccupation with domestic-level developments, which inform but confine theory development. This chapter introduces the analytical steps required to operationalize policy design insights in examining global public policy and transnational administration. In so doing, it calls for a new metaphor for policy design that would incorporate the beyond-the-state dimension.
Development Partnerships’ Governance Structures, Accountability, and Participation
Authors: Wessal Arianne , Wescott Clay G.
Published: February 2019

Over the past two decades, international development has seen a rise in global partnerships, due, inter alia, to cross-border issues requiring administrative coordination, and to the idea that pooled resources and leveraging partner strengths will lead to the best development results. This trend supports a strategic political context that calls for pooling knowledge, and moving beyond donor-specific silos. This chapter analyses key partnerships, including the Cities’ Alliance, Climate Investment Fund, Consultative Group to Assist the Poor, Global Alliance for Improved Nutrition, Vaccine Alliance, Global Environment Facility, Global Fund, and Global Partnership for Education. It examines how partnerships are responding to needs in the market that other donors have failed to respond to, how well they are aligned with the Sustainable Development Goals, and to what extent they are crowding in more funding and knowledge to solve problems, while enhancing the participation of country partners.
The International Civil Service
Authors: Newman Edward , Jenny Ravndal Ellen
Published: February 2019

The international civil service (ICS) offers—in theory at least—an ideal model of administration within international organizations. This chapter explores the origins and evolution of the ICS from the classical model following WWI to the twenty-first century era. For its early supporters, the ICS was the international community’s hope for the peaceful coexistence of states and functional cooperation. Yet tensions between these normative ideals and the reality facing international secretariats have never been resolved. The ICS operates under tremendous pressure from states, and in the twenty-first century, increasingly from the global public too. How does an ICS ethos that was developed in the early twentieth century travel to the twenty-first century? Is the concept still relevant today?