Книги: "Official capacity"

1

Institute, Work-Loss Data, ed. Official disability guidelines. 5th ed. Corpus Christi, TX: Work-Loss Data Institute, 2000.

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2

Reyes, Romeo A. Official development assistance to the Philippines: A study of administrative capacity and performance. Manila: Republic of the Philippines, National Economic and Development Authority, 1985.

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3

author, Zhang Xiaozhi, ed. "Si ku quan shu zong mu" de guan xue yue shu yu xue shu que shi: The official capacity of catalogue of the imperial collection of four and is academic defects. Beijing: Ren min wen xue chu ban she, 2017.

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4

Douglas, Melamed A., Kircher Kerry W, Aguillard Don, Louisiana. Governor (1972-1980 : Edwards), United States Supreme Court, and Mayr Ernst 1904-2005 annotator, eds. Edwin W. Edwards, in his official capacity as governor of Louisiana, et al., appellants, v. Don Aguillard, et al., appellees: On appeal from the United States Court of Appeals for the Fifth Circuit. [Washington, D.C: U.S. Supreme Court, 1986.

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5

Obadan, Michael I. Challenges in the building of public service capacity in Africa. Harare: African Capacity Building Foundation, 2005.

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6

Peace Corps (U.S.). Information Collection and Exchange., ed. Roles of the volunteer in development: Toolkits for building capacity. Washington, D.C: Peace Corps, 2002.

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7

P, Kretzmann John. Leading by stepping back: A guide for city officials on building neighbourhood capacity. Evanston, Il: Asset-Based Community Development Institute, Institute for Policy Research, Northwestern University, 1999.

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8

Hooja, Rakesh. Capacity building for Rajasthan's panchayat representatives and functionaries: What the training efforts should cover? Jaipur: HCM Rajasthan State Institute of Public Administration, 2006.

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9

Farwa, Zafar, and Women's Political School Project (Pakistan), eds. Mapping of capacity building initiatives for women councilors in local government Pakistan. [Islamabad]: Women's Political School Project, 2005.

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10

Notre-Dame, Congrégation de, ed. Abrégé d'histoire des États-Unis, répondant au programme officiel pour les brevets de capacité. Montréal: Soeurs de la Congrégation de Notre-Dame de Montréal, 1996.

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11

Teplitz, Marilyn L. Meeting the challenge of medical issues: A handbook for federal supervisors, managers, & human resources practitioners. Skyesville, MD: S. Harman & Associates, 1997.

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12

Decentralization Support Program. Provincial Program Support Office. and Fincon, eds. Revised 2nd interim report, after 12 workshops for skill development and capacity building of district government officials in planning and budge making. Quetta: Decentralization Support Programme, Finance Dept. Govt. of Balochistan, 2005.

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13

Decentralization Support Program. Provincial Program Support Office. and Fincon, eds. Revised 2nd interim report, after 12 workshops for skill development and capacity building of district government officials in planning and budge making. Quetta: Decentralization Support Programme, Finance Dept. Govt. of Balochistan, 2005.

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14

Tsimonis, Konstantinos. The Chinese Communist Youth League. NL Amsterdam: Amsterdam University Press, 2021. http://dx.doi.org/10.5117/9789462989863.

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The Chinese Communist Youth League is the largest youth political organization in the world, with over 80 million members. Former Chinese President Hu Jintao was a firm supporter of the League, and believed that it could play a bigger role in winning the hearts and minds of Chinese youth by actively engaging with their interests and demands. Accordingly, he provided the League with a new youth work mandate to increase its capacity for responsiveness under the slogan 'keep the Party assured and the youth satisfied'. This original investigation of the hitherto-unexamined organization uses a combination of interviews, surveys and ethnography to explore how the League implemented Hu's mandate at both local and national levels, exposing the contradictory nature of some of its campaigns. By doing so, it also sheds light on the reasons for Xi Jinping's turn against the League during his first term in office. The Chinese Communist Youth League: Juniority and Responsiveness in a Party Youth Organization develops the original concept of 'juniority' to capture the complex ways that generational power is institutionalized, alienating young people from official political processes, with significant implications for China's political development. The book will be of interest to researchers and students of Chinese politics, as well as to scholars of comparative youth politics and sociology.

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15

Air traffic controller staffing in the en route domain: A review of the Federal Aviation Administration's task load model. Washington, D.C: Transportation Research Board, 2010.

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16

Office, General Accounting. Air traffic control: Smaller terminal systems' capacity requirements need to be defined : report to congressional requesters. Washington, D.C: U.S. General Accounting Office, 1990.

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17

Office, General Accounting. Air traffic control: Computer capacity shortfalls may impair flight safety : report to the chairman, Subcommittee on Transportation and Related Agencies, Committee on Appropriations, U.S. Senate / United States General Accounting Office. Washington, D.C: U.S. General Accounting Office, 1989.

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18

New Jersey. Legislature. Senate. State Government Committee. Public hearing before Senate State Government Committee: Senate Concurrent Resolution No. 134 : proposes constitutional amendment to clarify provision denying right of suffrage to certain persons lacking capacity to understand the act of voting : Committee Room 7, State House Annex, Trenton, New Jersey, February 8, 2007, 1:00 p.m. Trenton, N.J: Office of Legislative Services, Public Information Office, Hearing Unit, 2007.

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19

Official Disability Guidelines 2000. Data Pharmaceutica, 1999.

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20

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.27 Irrelevance of official capacity/Défaut de pertinence de la qualité officielle. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0032.

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This chapter comments on Article 27 of the Rome Statute of the International Criminal Court. Article 27 consists two paragraphs that are often confounded but fulfil different functions. Paragraph 1 denies a defence of official capacity, i.e. official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall not exempt a person from criminal responsibility under the Statute. Paragraph 2 amounts to a renunciation, by States Parties to the Rome Statute, of the immunity of their own Head of State to which they are entitled by virtue of customary international law. In contrast with paragraph 1, it is without precedent in international criminal law instruments.

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21

Profile of Capacity and Response to Noncommunicable Diseases and Their Risk Factors in the Region of the Americas: Country Capacity Survey Results, 2017. Pan American Health Organization, 2021. http://dx.doi.org/10.37774/9789275122600.

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Noncommunicable diseases (NCDs) are the leading cause of death in the Americas, accounting for 81% of all deaths in the Region in 2016. Of the estimated 5.5 million NCD-related annual deaths, 39% of these are premature deaths (occurring between the ages of 30–70) and are largely a result of the four main NCDs: cardiovascular diseases, diabetes, cancers, and chronic respiratory diseases. NCDs and related premature deaths can be significantly reduced through government policies that prevent, treat, and control these diseases. To monitor countries’ capacities to address NCDs, including progress and trends over time, various tools are implemented, including the World Health Organization Country Capacity Survey (WHO-CCS). The survey captures information related to NCD infrastructure, policies, surveillance, and health systems. Conducted in 2001, 2005, 2010, 2013, and in 2017, this 6th edition of the CCS incorporates new validation processes to verify country responses through the submission of official policy documents and a data comparison to global health databases. These protocols were introduced to enhance data quality and provide an accurate reflection of the country capacity to combat NCDs. It is important to recognize that for the first time in the Americas, 100% of the Member States (35 countries) and 76% of the Associate Members and Participating States (13 of 17 countries) completed the survey. As such, the 2017 CCS provides a comprehensive assessment of the entire Region and demonstrates the political commitment of the Americas to reduce the burden of NCDs. This report presents results of the 2017 CCS and offers an updated review of progress in the Region of the Americas including gaps and recommendations for improvement to strengthen countries’ capacities to address NCDs and their risk factors. While advancements have been made, without an acceleration of commitments and significant investments, it is anticipated that some countries in the Americas will not meet their global targets.

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22

Stagars, Manuel. Data Quality in Southeast Asia: Analysis of Official Statistics and Their Institutional Framework As a Basis for Capacity Building and Policy Making in the ASEAN. Palgrave Macmillan, 2016.

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23

Data Quality in Southeast Asia: Analysis of Official Statistics and Their Institutional Framework As a Basis for Capacity Building and Policy Making in the ASEAN. Palgrave Macmillan Limited, 2016.

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24

Stagars, Manuel. Data Quality in Southeast Asia: Analysis of Official Statistics and Their Institutional Framework as a Basis for Capacity Building and Policy Making in the ASEAN. Palgrave Macmillan, 2017.

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25

Capacity in the administrative common service: Capacity assessment and development report. Lilongwe?]: Republic of Malawi, 2008.

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26

Chanaka, Wickremasinghe. 7 Immunity, 7.3 Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights , Advisory Opinion, [1999] ICJ Rep 62. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0042.

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The advisory opinion is one of the relatively few cases that have required the International Court of Justice to consider directly issues related to the immunity of an international organization (in this case the UN). It provides important guidance on how to delineate between activities that are pursued by the UN and its officials in an official capacity, which are therefore entitled to immunity, and activities which are pursued in some other capacity and therefore are subject to national jurisdiction. At a procedural level the case is significant as the first occasion on which the process of so-called ‘binding advisory opinions’ under art. VIII, Section 30 of the 1946 Convention on the Privileges and Immunities of the United Nations has been invoked, leading in itself to some interesting questions about the adaptation of the Court’s advisory jurisdiction to a more formal mode of dispute settlement.

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27

Peter, Huber. Ch.3 Validity, s.1: General provisions, Art.3.1.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0051.

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This commentary focuses on Article 3.1.1 concerning the scope of application of the rules on validity in Chapter 3 of the UNIDROIT Principles of International Commercial Contracts (PICC). The PICC do not deal with invalidity arising from lack of capacity. The Official Comment states that the reason for the exclusion of capacity matters lies in their ‘inherent complexity’ and in the fact that they are treated in an ‘extremely diverse manner’ by domestic legal systems. The provision has been changed in the 2010 edition of the PICC. Ar 3.1 of the 2004 edition had also excluded invalidity arising from immorality or illegality from the scope of the PICC. These matters are now governed in Section 3.3 of the 2010 edition.

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28

Denniston, Philip L. Offical Disability Guidelines, Top 200 Conditions, 1999. Work-Loss Data Institute, 1998.

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29

Roles of the volunteer in development: Toolkits for building capacity. Washington, D.C: Peace Corps, 2002.

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30

Charles, King. Memoir of the Construction, Cost, and Capacity of the Croton Aqueduct, Compiled from Official Documents : Together with an Account of the Civic Celebration of the Fourteenth October 1842, on Occasion of the Completion of the Great Work: Preceded by a Pr. HardPress, 2020.

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31

Charles, King, Horace Howard Furness, and Louis-Joseph-Delphin Féraud-Giraud. Memoir of the Construction, Cost, and Capacity of the Croton Aqueduct, Compiled from Official Documents : Together with an Account of the Civic Celebration of the Fourteenth October, 1842, on Occasion of the Completion of the Great Work: Preceded by a Pr. Creative Media Partners, LLC, 2018.

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32

Moodie, Deonnie. A Religious Institution Goes Public. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190885267.003.0003.

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In the mid-twentieth century, Kālīghāṭ became a site that middle-class actors could not only write about but also act upon in an official capacity. Because Kālīghāṭ was never royally patronized, East India Company and British official bodies did not take over the role of departing royal powers there as they did at other temples across India. Instead, middle-class actors took it upon themselves to modernize Kālīghāṭ’s management system in the mid-twentieth century. One Brahmin temple proprietor brought a complaint against 84 others to a district court in the 1930s, alleging that his brethren had mismanaged temple funds. Lawyers and judges at the district, state, and national levels worked to declare Kālīghāṭ a public temple and impose upon it a management committee that would be selected by educated, civically conscious Hindus in the city. This effectively removed authority from the temple’s Brahmin proprietors and put it in the hands of middle-class Hindus unaffiliated with the temple.

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33

Kosar, Kevin R. Congress Overwhelmed: The Decline in Congressional Capacity and Prospects for Reform. University of Chicago Press, 2020.

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34

Helfont, Samuel. Continuity and Change in the Gulf War. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190843311.003.0007.

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This chapter discusses the Ba’thist regime’s use of religion during the Gulf Crisis in 1990 and the Gulf War in 1991. In 1990, Saddam invaded Kuwait and then Saddam again raised eyebrows in 1991 by delivering what became known as his first and second “jihad speeches,” which highlighted long-held Ba’thist ideas about Islam. Saddam was able to integrate the regime’s political instrumentalization of religion into its broader strategies for the war. Those ideas were then echoed throughout Iraq’s religious landscape and in its official and unofficial propaganda during the war. As this chapter shows, the increase in regime’s propagation of religious propaganda during the conflict reflected an increase in its institutional capacity to organize and present its views on religion rather than a shift in ideology away from Ba’thism toward Political Islam.

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35

Tom, Ruys. 7 Immunity, 7.2 Abdi Hosh Askir v Boutros Boutros-Ghali, Joseph E. Connor et al ., US District Court SDNY, 29 July 1996, 933 F. Suppl. 368 (SDNY 1996). Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0041.

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The present case affirms the immunity from legal process of the United Nations and UN personnel acting in their official capacity in procedures before national courts (regardless of allegations of malfeasance). Although the Court refrains from explicitly pronouncing on the consequences of possible discrepancies between immunities granted under domestic law and international law, it acknowledges that the 1946 General Convention on the Privileges and Immunities of the United Nations provides immunity from ‘every form of legal process’, the only exception being express waiver by the United Nations itself. In the margin, it sheds light on the scope of the doctrine of ‘restrictive immunity’, by holding that acts that form part and parcel of military and humanitarian peacekeeping operations (including the occupation of property to house troops etc.) involve the exercise of governmental functions rather than private commercial activity and thus benefit from immunity.

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36

Olson, Kenneth S., and M. Paul Lewis. The Ethnologue and L2 Mapping. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190657543.003.0003.

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The early focus of the Ethnologue was on L1 use and is reflected in the maps that are included with each new edition. Typically, the maps show locations and boundaries corresponding to the distribution of L1 speakers. The location of widespread, second, or additional languages (such as national languages, lingua francas, and languages of wider communication) is only occasionally represented by maps, using a variety of methods. Major factors affecting this effort are related to language identification (ISO 639-3), categorization (status: sociohistorical, official recognition, vitality), and analytical and research methods (lexical similarity, intelligibility, bilingual proficiency). This chapter examines the Ethnologue’s approach in all of these areas. Currently, significant effort is being made to structure the Ethnologue database to provide expanded data on the ecological setting of each language. This should significantly increase capacity for mapping the use of widespread L2s. A sample map showing the use of Lingala/Bangala is provided.

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37

Kozelsky, Mara. Crimea in War and Transformation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190644710.001.0001.

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Crimea in War and Transformation examines the capacity of violence to permanently alter peoples and spaces.The war named for Crimea began as a border dispute between Russia and the Ottoman Empires in 1853, but transferred unexpectedly to Crimea in September 1854 after European Allies joined forces with the Sultan. In the course of one day, belligerent armies doubled the peninsula’s population and pressed the local population into labor. Within one month, ravenous men fell upon orchards like locusts, and slaughtered Crimean livestock. For more than one year, engineering brigades mowed down forests to build barracks. Both sides of the war used scorched earth tactics. At the apex of violence, desperate Russian officials scapegoated Crimea’s native Muslim population, accusing these and other civilians of hoarding food and collaborating with the enemy. Before humanitarian impulses prevailed, officials initiated a deadly deportation, forcing thousands of Tatars from their homes.

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38

Egeberg, Morten, and Jarle Trondal. Political Steering and Bureaucratic Autonomy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825074.003.0006.

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This chapter draws attention to the effects of vertical specialization of organizations and how it affects public governance. The chapter documents that agency officials pay significantly less attention to signals from executive politicians than their counterparts within ministerial (cabinet-level) departments. This finding also holds when controlling for variation in tasks, the political salience of issue areas, and officials’ rank. In addition, it is documented that the greater the organizational capacity available within the respective ministerial departments, the more agency personnel tend to assign weight to signals from the political leadership. Expert concerns are strongly emphasized at both levels; however, agency personnel are more sensitive to the influence of affected parties. The chapter applies large-N questionnaire data at four points in time (1986, 1996, 2006, and 2016) that spans three decades and shifting administrative doctrines: New Public Management as well as post-New Public Management.

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39

Eaton, Kent. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800576.003.0006.

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The final chapter concludes the book in two ways. First, it summarizes the central claim that structural significance, institutional capacity, and coalitional dynamics together explain whether subnational officials can advance successful subnational policy challenges. This part of the chapter also assesses the more general theoretical implications of the research findings for each causal variable (structure, capacity, and coalitions). Whereas most of the book examines how decentralization has empowered territorial actors to shape ideological conflicts, the second half of the conclusion reverses this focus by exploring how ideological conflict over the market also shapes territorial outcomes, most significantly through the redistribution of authority and resources between levels of government. The chapter ends with representative examples of recentralization in Ecuador, Bolivia, and Peru; these show how ideological conflict over the market has led national governments in each country to recentralize authority and resources in the attempt to undercut subnational policy challenges.

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40

Sweet, Alec Stone, Clare Ryan, and Eric Palmer. A Kantian System of Constitutional Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0003.

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This chapter develops an account of a Kantian system of constitutional justice based on a series of interlocking claims: (i) that the People have placed their freedom in trust, in the form of a charter of rights; (ii) that rights provisions instantiate the foundations on which the external freedom of all persons may be constructed; (iii) that public officials are under a duty to make and enforce law in ways that fulfill the rights of persons that come under their authority; (iv) that an omnilateral trustee, a constitutional court, supervises the lawmaking activities of officials, through the enforcement of the Universal Principle of Right (UPR); and (v) that the UPR, as operationalized through the proportionality principle, lays down the basic criterion for the legitimacy of all positive law. Insofar as these structural features combine to render rights protection more effective, they will also maximize a polity’s capacity to achieve a Rightful condition.

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41

Đánh giá năng lực cán bộ tư pháp cấp tỉnh về quản lý, hướng dẫn công tác hoà giải ở cơ sở =: Assessment on provincial legal officials' capacity on managing and providing guidance for conciliation at grassroots level. Ba Đình, Hà Nội: Nhà xuất bản Tư pháp, 2005.

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42

Sweet, Alec Stone, and Clare Ryan. Beyond Individual Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0005.

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This chapter examines the growing capacity of the European Court to fulfill its role as the omnilateral trustee for the cosmopolitan legal order, and the constitutional court of the regime. In conjunction with state officials and the Committee of Ministers of the Council of Europe, the Court has developed inter-related mechanisms of coordination designed to enhance the regime’s effectiveness in response to a chronically overloaded docket, and domestic failures in protection. The result has been a steady reinforcement of the Court’s powers of trusteeship: to manage the flow of individual applications; to give its important rulings precedential effect; to issue injunctions; and to identify and supervise the reforms necessary to close gaps in domestic systems of constitutional justice.

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43

Madsen, Frank G. International Organization and Crime, and Corruption. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.232.

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The intersection of international organization and crime and corruption has been garnering increasing interest from international studies scholars and practitioners. An international organization can be defined, following the International Law Commission, as an “organization established by a treaty or other instrument governed by international law and possessing its own international legal personality.” International organizations generally have States as members, but often other entities can also apply for membership. They both make international law and are governed by it. Yet, the decision-making process of international organizations is often less a question of law than one of political judgment. Meanwhile, corruption is a form of dishonest or unethical conduct by a person, or an institution, entrusted with a position of authority, often to acquire personal benefit. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Government, or 'political', corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Strangely, the most important contribution to the field of organized crime did not come from criminology, legal studies, or international studies, but from philosophy. Recognizing both criminal law and international relations as the exercise of power, Michel Foucault introduced radically new thinking in the area of societal control in relation to the study of organized crime.

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44

Gastil, John, and Katherine Knobloch. Hope for Democracy. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190084523.001.0001.

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Concerned citizens across the globe fear that democracy is failing them, but civic reformers are crafting new tools that bring back into politics the wider public and its capacity for reason. This book spotlights one such innovation—the Citizens’ Initiative Review (CIR). Each review gathers a random sample of twenty voters to study a statewide ballot measure. These citizen panelists interrogate advocates, opponents, and experts and distill what they learn into a one-page analysis for the official Voters’ Pamphlet. The Oregon government permanently established the CIR in 2011, and reformers have tested it in locations across the United States and Europe. This book introduces the citizen activists responsible for the development of the CIR, as well as key participants at the inaugural CIR whose experiences changed their lives. Along with these stories, this book provides evidence of the CIR’s impact on voters, who not only make better decisions as a result of reading the citizen analysis but also change the way they understand their role in government. The CIR fits into a larger set of deliberative reforms occurring around the world and into a long history of democratic experiments that stretch back through the American revolution to ancient Athens. The book weaves together historical vignettes, contemporary research, and personal narratives to show how citizens, civic reformers, and politicians can work together to revitalize modern democracy.

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45

Eaton, Kent. Territory and Ideology in Latin America. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800576.001.0001.

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Around the world, familiar ideological conflicts over the market are becoming increasingly territorialized in the form of policy conflicts between national and subnational governments. Thanks to a series of trends such as globalization, democratization, and especially decentralization, subnational governments are now in a position more effectively to challenge the ideological orientation of the national government. This book conceptualizes these challenges as operating in two related but distinct modes. The first stems from elected subnational officials who use their authority, resources, and legitimacy to design, implement, and defend subnational policy regimes that deviate ideologically from national policy regimes. The second occurs when these same officials use their authority, resources, and legitimacy to question, oppose, and alter the ideological content of national policy regimes. The book focuses on three similarly situated countries in Latin America where these two types of policy challenges met different fates; neither challenge succeeded in Peru, both succeeded in Bolivia, and Ecuador experienced an intermediate outcome marked by the success of the first type of challenge (that is, the defense of a deviant, neoliberal subnational policy regime) and the failure of the second (that is, the inability to alter a statist national policy regime). Derived from the in-depth study of these outcomes, the book’s theoretical argument emphasizes three causal variables: (1) the structural significance of the territory over which subnational elected officials preside, (2) the level of institutional capacity they can harness, and (3) the strength of the societal coalitions they can build both within and across subnational jurisdictions.

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46

Riekmann, Sonja Puntscher. The Struggle for and against Globalization. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0013.

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With the exception of the Multilateral Agreement on Investment, never before have international trade agreements encountered such fierce opposition as ACTA, CETA, TTIP, and TPP. Public protest has become vociferous on both sides of the Atlantic, while political parties of various colour, parliaments, and even some governments follow suit. Growing numbers of citizens feel uneasy about their capacity to democratically voice their opinion, claim their rights, and advocate their interests in a world increasingly framed by international trade agreements stealthily negotiated among anonymous bureaucracies. Given that trade agreements no longer just lower or abolish tariff barriers, but regulate a number of policy fields, citizens suspect important shifts of power, and they are asking who represents whom in pertinent negotiations and to whose advantage. This chapter concludes by advocating the strengthening of representative democracy and greater responsiveness of elected officials as a possible solution.

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Gus Van, Harten, and Scott Dayna Nadine. Investment Treaties and the Internal Vetting of Regulatory Proposals. Oxford University Press, 2017. http://dx.doi.org/10.1093/law-iic/9780198809722.016.0012.

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This chapter discusses three findings of a study on whether investor–state dispute settlement (ISDS) has contributed to changes in government decision-making about environmental protection in Ontario, Canada. These findings are: (1) ISDS puts pressure on government decision-making due to the financial and political risks, the opportunity costs that ISDS creates for government, and as a consequence of the career risks that it creates for individual officials; (2) ISDS pressures may be overcome, especially where there is a strong political commitment to a proposed measure backed by legal capacity to scrutinize purported ISDS risks critically and throughout the policymaking process; (3) the assessment of trade or ISDS risks involves value choices and ISDS-generated changes to decision-making processes elevate the role of ‘trade values’ over competing values associated with health and environmental protection.

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48

Eaton, Kent. Subnational Contention in Neoliberal Peru. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800576.003.0003.

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This chapter argues that, while ideological conflicts over the market in Peru have taken on a sharply territorial logic since the country’s neoliberal turn in 1990, subnational resistance to neoliberalism has been ineffective in the two dimensions conceptualized in this book. According to the argument developed in the first half of the chapter, capacity and coalitional constraints have undermined regional presidents in their attempts to build distinctive subnational policy regimes, including attempted uses of regional zoning authority to regulate mining in ways that would deviate from neoliberalism. The second half of the chapter then demonstrates how structural and coalitional constraints have negatively affected efforts by subnational officials to contest neoliberalism as the dominant national policy regime. Instead, a succession of Peruvian Presidents, including Alejandro Toledo, Alán García, and Ollanta Humala, have been able to overcome territorial resistance and defend the neoliberal reforms introduced in the 1990s by Alberto Fujimori.

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49

Sweet, Alec Stone, and Clare Ryan. Conclusions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0008.

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This concluding chapter summarizes the book’s findings, and considers the emergence of cosmopolitan legal systems beyond Europe. Under the tutelage of its Court, the ECHR regime has helped post-authoritarian states transition to constitutional democracy, provoked reform of domestic legal systems, and sustained dialogues that have served to raise the standards that officials must meet wherever they exercise authority over persons. Beyond Europe, it is a brute fact that many powerful states reject the model of a rights-based constitutional structure. However, there are also reasons for optimism. The Inter-American Convention on Human Rights, the Economic Community of West African States (ECOWAS), and other international regimes have gradually developed capacity to influence domestic systems in unexpected and significant ways. As this book documents, progress toward achieving a Rightful condition has been made, but the process will continue to be an arduous one, as Kant had predicted.

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Sanders, Rebecca. Permissive Constraint. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190870553.003.0002.

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Can legal norms limit state violence? International relations and international law scholarship provide a variety of answers to this problem. Realist, decisionist, and critical theorists conceptualize law as permit, as a weak constraint on and tool of powerful states. In contrast, liberals and constructivists emphasize law’s capacity to constrain states for rationalist and normative reasons. This chapter examines whether these contending perspectives adequately account for how authorities navigate legal rules across legal cultures. It argues that legal cultures of exception and secrecy tend to operate in accordance with the assumptions of law as permit, while largely aspirational cultures of human rights fulfill a vision of law as constraint. In the United States’ contemporary culture of legal rationalization, law serves as a permissive constraint. Permissive legal interpretation has enabled American officials to establish legal cover for human rights abuses, while legal norms simultaneously delimit the plausibility of legal justification.

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