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Regulation
(2007)
Studies of lobbying try to determine the influence and power of non-governmental actors on public policy. Although influence is very difficult to measure empirically, many continue to push for better research design to solve the problem. Through case studies of business-government relations in the United States and the European Union, this article argues that the difficulties with power and influence concern not only their operationalisation, but they also reflect conceptual confusions. Trying to determine the ‘winners’ and ‘losers’ of a policy issue can be misleading, since power also structures apparently harmonious exchange relationships. The perceived success of business lobbying in the cases studied depended on the governments' receptiveness to their demands, which in turn depended on strategic advantages they saw for themselves in international negotiations. Even when business appears to lead the dance, it is more promising to look at resource distribution and the interdependence of both sides, instead of assuming the domination of business power over policy outcomes.
Observers generally assume that firms which engage in lobbying know what they want. Business—government relations and especially the corporate political activities of network operators during the basic telecommunication negotiations of the World Trade Organization present a slightly different picture. European monopoly providers benefited from the old international regime and initially ignored trade discussions in their sector. In the course of negotiations, however, they became part of a three-level game, which obliged them to consider national, European, and multilateral objectives simultaneously. In the course of these complex negotiations, their preferences evolved. Because governments advanced independently on the liberalization project, companies adapted their policy stances from reluctance to support for the negotiations. This article thus cautions against treatments of lobbying that consider preferences as exogenously given.
Business–government relations on trade issues are generally characterized as protectionist lobbying or – less often – lobbying for the liberalization of markets. However, with the evolution of the trading system, negotiations today concern not just market opening, but also the regulatory frameworks that structure international trade. This transformation has important consequences for the ways in which private interests can contribute to trade negotiations. Instead of simply trying to exert pressure, businesses and other private actors now form working relationships with governments based on expertise, learning, and information exchange. This article illustrates these new forms of public–private interactions with examples from the USA, the European Union, and Brazil.
The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles
(2007)
This paper sheds light on an unexplored phase and a neglected actor in EU constitutional politics: the preparation of Treaty reform by the Group of Government Representatives. Striving to explain whether and under which conditions constitutional decisions in Europe were de facto taken by officials, the paper proceeds in three steps. First, possible functions of preparation in complex negotiations are conceptualized and two conditions for effective preparation are proposed: a preparatory body's issue and process resources as well as consensual pre-agreement. A second section introduces the role of government representatives in preparing EU reform, checks their collective resources against the criteria developed in section 1 and assesses their preparatory agency as strong. Third, I analyse the effectiveness of preparing for Amsterdam, using the negotiations on free movement and flexibility as plausibility probes. The analysis demonstrates that officials play a key role even in the bastion of high politics that is Treaty reform, where the final European Council is only the 'tip' of a long-term negotiation process.
Turkish domestic human rights organizations (HROs) have played a major role in developing a human rights discourse by using human rights as an interpretive framework to criticize, resist, and reform domestic political, social, and economic arrangements. This chapter contends that since 1986, domestic Turkish HROs have been major actors in the development of a domestically grown human rights perspective in Turkish politics. They have introduced framing issues as human rights issues and paved the way in fostering a culture of minimum guarantees and protections that any individual ought to enjoy within the Turkish political community.
This paper uses a new data set on budgetary institutions in Europe to examine the impact of fiscal rules and budget procedures in EU countries on public finances. It briefly describes the main pattern of budgetary institutions and their determinants across the EU 15 member states. Empirical evidence for the time period 1985–2004 suggests that the centralisation of budgeting procedures restrains public debt. In countries with one-party governments or coalition governments where parties are closely aligned and where political competition among them is low, this is achieved by the delegation of decision-making power to the minister of finance. Fiscal contracts that require countries to set multi-year targets and that reinforce those targets increase fiscal discipline in countries with ideologically dispersed coalitions and where parties regularly compete against each other.
The Maastricht Treaty set a series of convergence criteria that Member States have to meet to join the euro area. The Treaty is not specific, however, about how to prevent free-riding fiscal behaviour once Economic and Monetary Union (EMU) is in place. The Stability and Growth Pact (SGP) represents an institutional response.1 Its design includes preventive and corrective mechanisms. The emphasis for the preventive arm rests on the monitoring of Member State behaviour. Euro-area Member States produce Stability Programme updates yearly in the autumn. The European Commission, for its part, assesses the programmes and makes recommendations to the Council of Economic and Finance Ministers (henceforth ‘ECOFIN’) on whether the programmes meet European fiscal objectives, which in particular includes the achievement of budget positions ‘close to balance or in surplus’. In order to move to the formal corrective arm of the Pact, a Member State would have to be found to have an ‘excessive deficit’.
The asserted doctrine of unilateral humanitarian intervention has given rise to considerable debate in international law. This article revisits the use of force in Kosovo to critically appraise this debate. The arguments for and against the doctrine are schematically compared and contrasted. Their differences are methodological, but underlying factors are relevant. These may include a conflict of values (notably, sovereignty versus human rights), but certainly involve deep disciplinary problems evidenced by confusing international legal terminology and, especially, the contradictions inherent in identifying and changing rules of general/customary international law. Three factors are considered as potentially helpful in bridging these fault lines: state practice (unavoidably), the stability of the international system and accountability. The latter two, at least, sit uncomfortably with unilateralism.
Purpose
– Social entrepreneurial organizations have gained in awareness and interest among researchers, yet we know relatively little about how these organizations are able to create social and economic value. This paper seeks to understand how such organizations have managed to achieve scale and sustainability in developing economies – often lacking the institutions, networks and resources required to support their growth – whilst also maintaining their focus on a social mission.
Design/methodology/approach
– The paper presents a comparative case analysis of three social entrepreneurial organizations based in Bangladesh, Egypt and Spain that have been widely recognized as successful. It utilizes an explorative research approach with data gathered from many sources including published and unpublished articles, existing case studies, personal interviews and internet sources.
Findings
– Analysis of these three business models reveals common patterns in the use of strategic resources, in their value networks, and in customer interface. The findings suggest that successful social entrepreneurial organizations: proactively create their own value networks of companies that share their social vision; develop resource strategies as an integral part of the business model; and integrate their target groups into the social value network.
Research limitations/implications
– There are limitations in the sampling and data analysis approach, however, this study provides a first step towards a more inclusive empirical research agenda in the future.
Practical implications
– The paper offers interesting insights for existing for‐profit multi‐business companies to rethink their business models, particularly for developing country contexts.
Originality/value
– This paper encourages managers to think beyond the creation of economic value and demonstrates how social entrepreneurs achieve sustainable growth based on building complementary networks of stakeholders and resources integrated into the value chain. It provides propositions regarding the business models of successful social entrepreneurial organizations and hopes to stimulate managerial interest in alternative business models and future empirical research which builds on these qualitative findings.
Purpose – In many developing countries those living in poverty are unable to participate in markets due to the weakness or complete absence of supportive institutions. This study aims to examine, in microcosm, such an institutional void and to illustrate the strategy and activities employed by an entrepreneurial actor in rural Bangladesh in addressing it.
Design/methodology/approach – The paper is based on an in-depth case study. Data were gathered
over two years from field interviews, archives, and secondary sources.
Findings – The data illustrate how market access for the poorest of the poor is facilitated through the creation of platforms for participation in the economy and broader society. The authors conceptualize this process as the crafting of new institutional arrangements and as resource and institutional bricolage occurring in parallel.
Practical implications – The study offers insights for development agencies, policy makers and
companies on how to combat poverty, fight corruption, and stimulate social and economic change.
Originality/value – The paper enriches current thinking on institutions and entrepreneurship as well as strategies for social impact.
The article discusses how institutional voids can be spaces of opportunity for companies. Institutional void refers to the absence of supporting institutions in certain economy. Institutions are shared conceptions and constraints that shape human interaction. They constitute the rules of the game, for doing business, for social interaction, and for human behavior in general. For motivated entrepreneurs, institutional voids is perceived as opportunities. Two examples are presented to illustrate the nature of institutional voids in Bangladesh and India.
This article takes issue with the argument that human rights are not absolute and should be balanced in relation to competing communal aims. The balancing of qualified human rights is a key practice of the European Court of Human Rights and a great deal depends on a clear analysis of the ramifications of balancing for our understanding of human rights aims. The author does not seek to propose an alternative to balancing, but aims to show that it is not necessarily coherent with human rights principles or the kinds of functions international human rights institutions are thought to perform.
Kooperative Politikberatung: Ein neues Beziehungsgeflecht zwischen Politik und Politikberatung?
(2007)
Der Beitrag untersucht den Einfluss veränderter Governance-Strukturen auf die Politikberatung. Zunächst resümiert der Beitrag die bisherigen Positionen zum Verhältnis von Wissenschaft und Politik, welche allesamt aus der Sicht der Wissenschaft argumentieren. Danach erfolgt ein Perspektivwechsel. Der Beitrag betrachtet das Phänomen Politikberatung nicht aus der Perspektive der Wissenschaft, sondern aus der Sicht der Politik und versteht Politikberatung als eine outgesourcte Leistung, die von der Politik bei Bedarf einzuholen ist, aber kaum noch von ihr selbst erbracht wird. Die anschließend entwickelten Fragestellungen verfolgen das Ziel, der wissenschaftlichen Diskussion über Politikberatung neue Impulse zu geben.
Das Fristenproblem
(2007)
Darwinismus in der Politik
(2007)
Schweigen ist Bronze
(2007)
Trotz der offensichtlichen sozialpolitischen Relevanz und großen medialen Aufmerksamkeit des Phänomens Kinderlosigkeit sind das Ausmaß, die Ursachen und die Konsequenzen der Kinderlosigkeit in Deutschland bislang unzureichend untersucht worden, mit der Folge, dass in öffentlichen Debatten eine unkritische Verwendung irreführender, wenn nicht falscher Angaben über Kinderlosigkeit vorherrscht. Das Ziel des Bandes besteht vor diesem Hintergrund darin, das Phänomen der Kinderlosigkeit in Deutschland analytisch differenziert zu durchdringen und belastbare Daten und Ergebnisse über das Ausmaß und die Struktur, die Ursachen und Folgen von Kinderlosigkeit zu präsentieren.