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This chapter outlines how the Principle of Multispecies Legality offers solutions to the barriers to legal inclusion facing animals in both criminal and civil law contexts: by enabling animals to take legal action; by ensuring that, in civil suits, harms to animals are taken seriously and benefits are awarded to the animals themselves; and that defences of ‘necessity’ in animal welfare laws only apply when the otherwise harmful action is taken for the ultimate benefit of the animal him- or herself. The chapter then explores four institutional safeguards needed to ensure the PML is effective: that legislation is developed under the principle of anticipatory accommodation; that there is the establishment of independent offices of animal welfare; that there is the establishment of dedicated animal crime units and public prosecutors; and that there is equal access to legal services to ensure that all humans who seek to assist animals in taking legal action can do so, regardless of their financial circumstances. Finally, the chapter considers how we need to learn to recognise more expansive conceptions of (political) communication and learn how to be more receptive to them.
Chapter 3 is a critical genealogy which rests on a history of the global project’s trajectories in Bosnia and Herzegovina (BiH) to reevaluate contemporary conceptions of ‘Never Again’. It paints the picture of the material and ideational aspects of the transitional justice project in this country from the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993 to the myriad of measures of institutional and legal reform implemented by the international community actors present in BiH in the early 2000s. The chapter opens with a brief description of the dissolution of Yugoslavia and the war 1992–1995. It then illustrates the conflict resolution process and explains what kind of BiH was imagined in the 1995 Dayton Peace Agreement. Next, the chapter outlines a skeleton of transitional justice in this country to show that certain areas, such as criminal justice and institutional reform, have been significantly more developed than others, putting these developments into the context of the promises of neoliberal legalism. Finally, the chapter poses questions about the end of transitional justice in BiH.
Chapter 6 concludes the three-partite discussion about what hampers meaningful assurances of ‘Never Again’ in Bosnia and Herzegovina (BiH) and what transitional justice has to do with conflict recurrence anxieties. The chapter first identifies the widespread glorification of war criminals and denial of atrocity crimes as key sources of anxiety about potential renewed conflict in BiH. Next, the chapter analytically links these practices to the global project and discusses how past practices of legal and institutional reform such as vetting led to a legal structure that did not regulate convicted war criminals’ access to power. The chapter then explains these behaviours as responses to the perceived threats to different political communities’ ontological securities. The chapter shows how the resulting widespread practices of glorification and the culture of denialism are framed by the international community as a ‘civilisational issue’ which serves to prolong the relevance and presence of the external actors in Bosnia and Herzegovina and stigmatise actors in international society.
This chapter focuses on Brazil’s ’Agreement on Cooperation and Facilitation of Investments’ (ACFIs), which has received significant attention in the context of foreign investment facilitation. It describes the genesis and evolution of Brazil’s ACFI practice since 2015, from modest bilateral initiatives to leadership in plurilateral negotiations at the World Trade Organization (WTO). The chapter adopts a three-pillar framework of the ACFI model and details the corresponding governance structure and supporting institutions established domestically within Brazil to implement the commitments and principles laid out in its ACFIs. The study highlights Brazil’s institutional reforms designed to effectively implement its ACFI obligations, emphasizing the concept of ’investment facilitation’ as the key driving force behind Brazil’s investment regulations. The chapter concludes with possible lessons for domestic governance challenges that states participating in a future WTO plurilateral agreement may encounter.
In Chapter 3, I confront views offered by anti-cosmopolitan theorists. According to the first anti-cosmopolitan view, our obligations to guarantee the substance of the right to subsistence is owed primarily to our compatriots. These obligations outweigh our obligations to those beyond our borders. According to the second anti-cosmopolitan view, we don’t have any obligations beyond our own borders. On these views, our obligations to others are delimited by the particularities of our reciprocal relationship with our compatriots. In response, I draw from John Rawls to articulate an institutional conception of rights. On such a conception, our obligations toward others arise in particular contexts where we interact with and coerce one another vis-à-vis our participation in an institutional scheme. Because we are implicated in trans- and supranational economic, political, and social institutions, we interact institutionally with severely poor people. Employing such an argument serves as a defense against anti-cosmopolitan theorists.
Chapter 4 examines legal configurations of political power dynamics during the Legal Modernization Era (ca. 1992–2010) – a golden age for legal reformers in China. The chapter reviews the development of significant national-level economic laws and regulations that gradually replaced many of the fragmented and probationary rules used earlier. The analysis of legal and policy documents suggests that the use of law in this period was consciously directed in two main directions: the use of law to structure and support the creation of markets (i.e., the economic function) and the use of law to reconfigure governance capacities and boost more centralized market regularity within the Party-state system (i.e., the political function). These two functions of law also set the foundation for what is known today as China’s state capitalism and its dominance in the domestic and international markets.
Chapter 9 chronicles the postwar trajectory of extrajudicial killings within the Guatemalan police. It first examines state violence during the transition period and subsequent postwar police reforms, which included the creation of the new National Civilian Police (PNC) in 1997. The chapter then analyzes how the dominant wartime distributional coalition managed to survive peacebuilding reforms and uphold the undermining rules governing extrajudicial executions to eliminate “undesirables.” In an important contrast from the case of Guatemala’s customs administration, the PNC saw the direct reentry of these groups into the upper echelons of the security cabinet, highlighting a different pathway of institutional persistence.
Chapter 8 examines the survival of the undermining rules within Guatemala’s customs apparatus from the discovery of the Moreno Network in 1996 to the uncovering of La Línea in 2015. Specifically, it discusses the series of reforms implemented by the Arzú government in the aftermath of the Moreno Network revelations to curb customs fraud and contraband, including (1) the expulsions of high-ranking security officials implicated in the scheme, (2) the restructuring of Guatemala’s port system, and (3) the creation of a new fiscal apparatus in the form of the Superintendent of Tax Administration (SAT). The chapter then evaluates how the undermining rules in customs outlasted these sweeping reforms, illustrating how the wartime distributional coalition, while largely displaced from the state sphere, penetrated new semi- and extra-state spaces like political party channels and private port concessions.
Recent reforms to the Canadian Senate removed senators from the Liberal Party caucus and changed the appointment process to be more nonpartisan. This article asks: to what extent did the reforms affect legislative oversight in the Senate? By studying the Senate's legislative amendments, I find that the reformed Senate is more willing to amend bills than it was previously. The reforms led to sharp increases in the Senate's amendment rate, the number of amendments moved and the percentage of successful motions in amendment. In interviews, senators revealed that they see oversight differently following the reforms. Senators no longer have opportunities to advise the government in caucus, so they have begun using amendments to exercise oversight. This article concludes that the reforms shifted senators’ understanding of their function of oversight, leading to a higher amendment rate and increased visible scrutiny of government by the Senate.
This chapter outlines potential failures of privatization and presents a sequence of steps to successfully design, implement, and monitor privatization processes. Regarding cases where proposals for offering privatized services face strong opposition and become unfeasible, the chapter also examines how various reform initiatives can lead to better and more effective public organizations, which may also interact with and complement the services of private firms. The chapter concludes by observing that, over time, societies have learned to propose and build on diverse experiences, often exploring multiple paths of improvement where public and private organizations coexist and experiment with plural solutions.
The model of how republican government should work that was most often invoked in council debates or by commissions framing legislation was an abstract one, the “well-ordered republic”. A well-ordered republic was not seen as necessarily unchanging. Reforms could be presented as needed not just to correct abuses, but to restore and reinvigorate institutions, or as essential routine maintenance of the workings of government. In practice, what were presented as reforms of institutions were often changes introduced to consolidate or strengthen particular regimes. Reform of laws was less liable to be a political partisan measure, but the administration of justice was always open to political influence. The fair and effective administration of justice was a cornerstone of any concept of a well-ordered republic, but for those involved in partisan regimes, whether good justice was impartial justice was open to question, and their idea of a well-ordered republic was one ordered to suit them.
In Chapter 9, the concluding chapter, I discuss the prospects of RMB internationalization. There are plenty of reasons to be pessimistic. First, the population is ageing, and the labor force has already begun to shrink in 2012. This hurts the economic size effect. Second, China is too wary of the risks of free capital mobility to relinquish capital controls in the onshore market any time soon. Third, the development of a deep, broad, and liquid financial market in the onshore market will probably take a long time. Fourth, in order to be a “safe-haven currency,” China must have an independent judiciary, an independent central bank, democracy, and freedom, which China still lacks. There are, however, reasons for cautious optimism as well. First, despite possible slowdown in the growth rate, China’s economy is likely going to become the largest economy before long. Second, China has a strong desire to internationalize its currency. Third, as the US share of the world’s GDP is set to fall continuously, the United States would eventually not be able to supply the assets for reserves and payments needed by the world. Some other currency(ies) is needed to fill the gap, and the RMB is a strong candidate.
Despite its numerous valuable contributions to Arctic governance, throughout its history the Arctic Council (AC) has been subject to criticism and reform proposals from academic, non-governmental and practitioner communities alike. In order to inform this ongoing debate, the paper evaluates the proposals that have been presented for the AC thus far. The proposals are grouped into three clusters: legal reforms, organisational reforms and functional reforms. Each of them is examined in terms of its applicability and usefulness to the case of the AC, and specifically its suitability given the prevailing conditions in the Arctic. What the conducted analysis reveals is that the ideas regarding means to enhance the AC’s effectiveness can be largely attributed to the assumptions their proponents make—oftentimes implicitly—about the nature of state actors and international relations more broadly, without attending to the particular conditions of the case study at hand. This is an important inference, given the unrelenting change happening in both Arctic and global socio-environmental settings that calls into question the usefulness of past modes of thinking and forms of international cooperation. Far from offering solutions, their continuous application in particular circumstances might even impede progress in addressing present and future challenges.
The paper investigates and theorises different forms and patterns of resistance to international courts (ICs) and develops an analytical framework for explaining their variability. In order to make intelligible the resistance that many ICs are currently facing, the paper first unpacks the concept of resistance. It then introduces a key distinction between mere pushback from individual Member States or other actors, seeking to influence the future direction of a court's case-law, and actual backlash – a critique triggering significant institutional reform or even the dismantling of tribunals. On the basis on the proposed theoretical framework, the paper provides a roadmap for empirical studies of resistance to ICs, considering the key contextual factors necessary to take into account in such studies.
If institutions are important for regulating violence, can institutional reforms make societies less violent? This article examines the north-east Brazilian state of Pernambuco primarily between 2007 and 2013, proposing that patterns of declining lethal violence can be explained by changes in both the accountability and effectiveness of formal state institutions and informal social norms. Drawing on two months of qualitative fieldwork, findings suggest that social and political mobilisation enabled a political coalition to initiate substantial changes under the Pacto pela Vida (Pact for Life) public-security programme, which improved the legitimacy and operational effectiveness of the criminal justice system, and coincided with a marked reduction in homicide rates. While showing that these reforms were central in reducing lethal violence in Pernambuco between 2007 and 2013, the article concludes by discussing the challenges of policy continuity in light of increasing rates of lethal violence since 2014.
In the 1990s, there was a lot of concern in studies of post-communism about communist-era managers stalling institutional reforms due to their ability to gain long-term advantages through institutional capture. By influencing market governance rules (corporate governance, bankruptcy, competition laws), managers could protect and amplify initial economic gains from liberalization, entrenching economic inequality. Yet in the 2000s, even the laggards of transition have implemented significant market governance reforms and have enjoyed rapid economic growth. Moreover, business perceptions of state capture (from BEEPS) have dropped substantially. The paper examines this surprising turnaround with evidence from the Romanian case. I argue that contrary to expectations, business interests have failed to capture market governance institutions. In spite of benefiting from shady privatization deals and other advantages based on political connections, the new Romanian entrepreneurs were not threatened by sophisticated market governance laws. This argument based on the preferences of business actors is a necessary addition to explanations of institutional reforms that rely on international conditionality or on economic crisis.
In the aftermath of the economic crisis of 1997–1998, South Korea undertook a number of reforms in financial supervision. Questions have been raised, however, as to whether Korea has in fact succeeded in creating a system of financial supervision capable of dealing with certain risks and responding to new challenges. This article examines Korea's recent experience in financial instability resulting from misconduct by credit card companies as a case in point and argues that the postcrisis reform in financial supervision was limited to changing formal institutions for financial supervision and that further reforms will have to be undertaken in other related institutions if Korea is to improve its financial supervision.
Current theories on institutional change tend to interpret it either as the result of long-term gradual trends, or of disrupting shocks following periods of punctuated equilibrium. Less is known about the moments in which change is more frequent. Focusing on the short-term determinants of reforms of core democratic rules in consolidated democracies, the article shows that proximate shifts in the electoral arena have a distinctive impact on the number of institutional reforms that are adopted in a legislature. Using the empirical and theoretical findings of the literature on electoral reform, the article develops a model tested in statistical analyses aggregating a large sample of institutional reforms in Western European democracies between 1990 and 2010. The results show that rising electoral uncertainty measured by volatility, and the change of preferences of the actors in power measured by the advent of new forces in government lead to the adoption of more institutional reforms. These results appear consistent when some categories of reform are added or subtracted, giving confidence that this model can be applied to a wide range of institutional reforms.
In the long-drawn-out Reform crisis of 1830-1832, there had been much radical criticism of the Tory leanings of the Church, manifest in the bishops' overwhelming opposition to the Reform Bill in the Lords, and evangelical attacks on its bloated and complacent internal state. The 1848-1851 period was a major watershed in British history, in which the 'Old Corruption' argument finally lost its potency. The changed political atmosphere not only bolstered the institutions of state; it also altered attitudes to the role of interests in politics. The main reason for the waning of interest in institutional reform was, rather, the growing acceptance of the notion that politics itself was no longer controlled by an unrepresentative elite, but was open to popular influence. The Whig-Liberal tradition of measured constitutional reform did a good deal to improve the representativeness, reputation and remit of Parliament and strengthen popular confidence in the state.
The difficulties of implementing large institutional reforms are legendary. Reform programs may face strong resistance from designated losers, falter at successive veto points, or stall when multiple decision makers have diverse goals. Institutional theories have successfully accounted for failure of reform in many settings, but scholars have paid less attention to how the strategic design of a reform process can have a positive effect on reform initiatives. We seek to fill this gap by studying the impact of planned ambiguity in reform processes. We hypothesize that reform proposals are more likely to succeed when policy entrepreneurs strategically hide the cost-benefit profile of a reform proposal behind a veil of vagueness until the final stages of the process. Designated losers with limited information about the impact of proposed reforms are less likely to succeed in thwarting the reform. We test the theory on four institutional reforms or reform attempts in Denmark.