Southeast Asia’s New Institutional Architecture for Cooperation in Trade and Finance

2007 ◽  
pp. 151-180 ◽  
Author(s):  
Helen E. S. Nesadurai
Keyword(s):  
Institutional Architecture

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

The Regional Law of Refugee Protection in Africa

2018 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
African Unity ◽  
Refugee Protection ◽  
Original Analysis ◽  
The Status ◽  
Organization Of African Unity ◽  
African Charter ◽  
African Refugee ◽  
Institutional Architecture

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

The Political Economy of Work and Welfare

2021 ◽  
pp. 422-444
Author(s):  
Micheál L. Collins ◽  
Mary P. Murphy
Keyword(s):  
Political Economy ◽  
Labour Market ◽  
Social Protection ◽  
Full Employment ◽  
The Political ◽  
Welfare Regime ◽  
The Social ◽  
Sectoral Composition ◽  
And Migration ◽  
Institutional Architecture

The political economy of Irish work and welfare has dramatically changed over recent decades. Since the 1980s, Ireland has experienced two periods of high unemployment followed by two periods of full employment. Alongside this, we see considerable shifts in both the sectoral composition of the workforce and in the institutional architecture underpinning the labour market. Focusing on the last decade, this chapter contextualizes the Irish labour market in the Irish growth model, highlighting issues including occupational upgrading, low pay, gender composition, and migration. The chapter then explores links between this employment structure and Ireland’s changing welfare regime. It considers recent institutional changes, as the welfare regime shifted to a work-first form of activation, and the long-term sustainability of the social protection system. The chapter concludes by highlighting what we see as the core challenges for the political economy of work and welfare in Ireland.

scholarly journals The Spatial-Institutional Architecture of Firms’ Innovative Behaviour

2013 ◽  
Author(s):  
Eric de Noronha Vaz ◽  
Maria Teresa De Noronha Vaz ◽  
Peter Nijkamp
Keyword(s):  
Innovative Behaviour ◽  
Institutional Architecture

scholarly journals Out of the comfort zone? The ECB, financial assistance, independence and accountability

2019 ◽  
Vol 26 (1) ◽  
pp. 108-121
Author(s):  
Paul Dermine
Keyword(s):  
Debt Crisis ◽  
Financial Assistance ◽  
Economic And Monetary Union ◽  
Eurozone Crisis ◽  
Comfort Zone ◽  
European Central ◽  
The Core ◽  
Policy Fields ◽  
Redistributive Effects ◽  
Institutional Architecture

The European debt crisis (Eurozone crisis) precipitated an unprecedented reconfiguration of the institutional architecture of the Economic and Monetary Union. At the core of such overhaul was the establishment of a financial assistance function specific to the Eurozone. From the outset, there has been a clear will to closely involve the European Central Bank (ECB) at all stages of the operation of this new function. The ECB, an institution endowed with a monetary mandate, has thus entered the field of economic policy. Against that background, this paper intends to investigate the legal and political accountability arrangements the ECB is subject to in that new context. Both the texts organizing the intervention of the ECB and its subsequent practice reveal, so the paper will show, that the ECB’s action in that particular context is mainly conceived as falling under its monetary mandate, and thus as being covered by its independence. The paper will argue that this situation is legally problematic, especially in view of the deep interpenetration between the economic and the monetary policy fields and the redistributive effects of the choices made. It will also claim that the ECB’s independence in that particular context, and the accountability structures it is subject to, should be adjusted.

Small steps towards a comprehensive approach after Lisbon

2018 ◽  
Vol 9 (1) ◽  
pp. 109-137
Author(s):  
Elodie Sellier
Keyword(s):  
Security Policy ◽  
Implementation Process ◽  
External Action ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
Foreign And Security Policy ◽  
The Common ◽  
Criminal Matters ◽  
Institutional Architecture ◽  
Judicial Remedies

This article examines the changes brought about by the Lisbon Treaty (LT) in the overall institutional architecture of the European Union’s Common Foreign and Security Policy (CFSP), alongside their impact on the operation of the internal–external nexus in counterterrorism (CT) policies. It argues that the inclusion of CFSP actors in the making and implementation process of CT policies eased the legal, institutional and policy boundaries between the CFSP and the field of Justice and Home Affairs (JHA). This is despite the specific status granted to the CFSP in the Treaties, the former remaining subject to intergovernmental procedures and unanimity in decision-making, even after the strides towards the ‘communautarization’ of policies achieved by the LT, in Police and Judicial Cooperation in Criminal Matters in particular. Central to the analysis is the interplay and division of competences between ‘new’ CFSP actors endowed with a coherence mandate, such as the European External Action Service and the upgraded office of High Representative, and ‘old’, pre-Lisbon, CT actors, JHA structures and member states in particular. This article finds that the involvement of the CFSP and more particularly its defence component, that is, the Common Defence and Security Policy, to realize CT objectives ‘affected’ the very content of foreign and security policies and heralded a process of ‘judiciarization’ of CSDP missions deployed in third countries resulting from the integration of criminal justice and law components in their mandate. The article concludes that the ensuing blurring of frontiers between the realms of CSDP and JHA raises fundamental rights concerns as to the judicial remedies available to individuals suspected or accused of terrorist activities.

scholarly journals BEYOND THE FLIGHT FROM CONSTITUTIONAL LEGALISM: RETHINKING THE POLITICS OF SOCIAL POLICY POST-CHARLOTTETOWN

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2002 ◽  
Author(s):  
Sujit Choudhry
Keyword(s):  
Social Policy ◽  
Policy Instruments ◽  
Constitutional Amendments ◽  
Normative Framework ◽  
Levels Of Detail ◽  
The Social ◽  
Economic Union ◽  
Institutional Architecture ◽  
Charlottetown Accord ◽  
Internal Trade

A decade after the demise of the Charlottetown Accord in 1992,1 one of the most visible features of federal-provincial relations is the replacement of constitutional with non-constitutional policy instruments to secure many of the same ends — what I term the “flight from constitutional legalism.” Instead of constitutional amendments, the instrument of choice is the non-legal, intergovernmental accord. The leading examples are the Social Union Framework Agreement2 and the Agreement on Internal Trade,3 which in differing levels of detail set out both a normative framework and an institutional architecture to manage the Social Union and the Economic Union, respectively.

scholarly journals Is REDD+ Redefining Forest Governance in Nepal?

2013 ◽  
Vol 10 (1) ◽  
pp. 74-87 ◽  
Author(s):  
Dil B Khatri
Keyword(s):  
Institutional Design ◽  
Forest Degradation ◽  
Civil Society Organizations ◽  
Forest Governance ◽  
Theoretical Frameworks ◽  
Policy Debates ◽  
Funding Mechanisms ◽  
The Government ◽  
Institutional Linkages ◽  
Institutional Architecture

In this paper, I argue that the Reducing Emission from Deforestation and Forest Degradation and enhancing forest carbon stocks in developing countries (REDD)+ readiness process in Nepal has reconfigured forest governance in subtle ways and posed risks of its recentralization. Powerful actors, especially the government, consultants and donor entities, have influenced the REDD+ process and policy debates, and have jointly marginalized local communities and civil society organizations (CSOs). This paper reveals that Nepal’s REDD+ architecture is primarily shaped by imperatives and ambiguities in the international negotiations and funding mechanisms. Building on the theoretical frameworks of institutional interplay, cross-scale institutional linkages, and institutional design, this paper analyses how interplay and interactions of national institutions and stakeholders influence the REDD+ readiness process, its emerging institutional architecture, and decentralized forest governance. The analysis has been informed by evidence from the author's own research and engagement in REDD+ policy processes in Nepal. DOI: http://dx.doi.org/10.3126/jfl.v10i1.8602   Journal of Forestry and Livelihood Vol.10(1) 2012 74-87

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