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The European Commission published a new Communication on better regulation on 29 April 2021, with the aim of improving the European Union’s (EU) policymaking process. By updating the better regulation agenda to mainstream sustainable development goals and the digital and green transition and by ensuring more foresight-based policymaking, this Communication shows that the Commission is moving in the right direction. Several proposals also have great potential to simplify the better regulation process and make it more transparent. By contrast, the envisaged simplification of the public consultation process may jeopardise its effectiveness and should be carefully reconsidered. In addition, a more cautious, stepwise approach to introducing, testing and adjusting the new EU one-in, one-out system is certainly needed. This article aims to identify and assess the key changes proposed by the new Communication and to share ideas for the preparation of the new Better Regulation Guidelines and Toolbox, which are expected to translate the Communication into practice.
The 1972 abortion-initiative campaign in North Dakota provides an example where elites on one side of an issue were able to provide cues and get supporters to participate in an election while the other side was unable to do so. North Dakota Right to Life through the formation of branch chapters and its work with the Catholic churches became the focus of the anti-initiative campaign. Flush with resources, the NDRL made sure that its supporters turned out to such an extent that initiative voters outnumbered presidential voters in most counties. While the pro-initiative elements proved effective at getting the question on the ballot, they were unable to get their message out, let alone galvanize supporters. The result was confusion among potential supports and lower turnout rates in the most populous counties.
Duldul, a beloved she-mule of the Prophet Muhammad and ʿAli b. Abi Talib (d. 661), fourth caliph and Muhammad's son-in-law, was a venerated riding beast in early Islamic tradition. The article argues that Duldul reflected the transmission of political authority and became a tool of legitimation for hadith compilers and medieval Muslim writers to use, contest, and navigate an emergent Shiʿa-Sunni rift. Exploring the responsive relationship between hadith construction and the Shiʿa-Sunni polemic, the article first analyzes three literary genres—maghāzī, hadith, and sīra—to describe Duldul and her role in early Islamic history. Second, the article examines the writings of al-Jahiz (d. 868) and al-Damiri (d. 1405) to understand medieval Muslim attitudes toward Duldul and she-mules in general. By taking Duldul more seriously as a historical actor, we can gain deeper insight into the disputes over Muhammad's legacy in medieval Islam.
The mission of the United States Navy expanded significantly because of the presence of the institution of racial slavery on American soil. Most important, both proslavery and antislavery forces favored, for very different reasons, a substantial naval buildup in the late 1850s. The navy had, however, long been engaged in securing the nation’s borders against slave smuggling, an activity that also seemed to have broad support at the time. Finally, somewhat more controversially, the navy had been associated with the American Colonization Society’s Liberian enterprise from its very inception, deciding to deploy vessels to Africa in an otherwise unimaginable time frame. The relationship between the presence of slavery and the pre–Civil War activities of the navy is a largely untold—or, at best, half-told—story of American state development.
The First World War introduced new tasks into British policing. One significant addition was the close and systematic surveillance of aliens residing in Britain, a role never before undertaken by the British police and one that would previously have been considered un-English. During the war, various official bodies participated in the regulation of the lives of foreigners, but the police played a crucial part. Foreigners hailing from enemy countries, particularly Germans, bore the brunt of police attention, which can be described as nothing short of discriminatory and oppressive. This article examines the new responsibilities of the British police for controlling German nationals and the public response to the new policing. It also assesses the police's wartime performance and the implications of their conduct for the lives of these Germans, all of which has hitherto been little explored. The police were widely considered, both by large segments of the British public and in many other countries, as the best police force in the world, morally superior to other constabularies, especially in their relatively tolerant attitudes toward the public. Their conduct in a time of national crisis, and particularly the degree of tolerance they exercised in their relations with a hated, indeed outcast minority, offers an illuminating case study.
In August 1902, the Siamese army occupied the northern township of Phrae after a rebellion by Shan timber workers, miners and traders. The Siamese general who investigated the rebellion claimed that the Shan attack on Phrae was part of a wider plot to restore Prince Myngoon to the Burmese throne. Myngoon was exiled from Burma in 1868 and had been living in Indochina since 1889. Most observers have regarded the so-called ‘Myngoon plot’ as implausible. This article provides the first detailed history of the plot. It argues that the plot was a product of ‘seditious state-making’ in the borderlands of mainland southeast Asia, a region in geopolitical flux. This exploration of the Myngoon plot uncovers a cosmopolitan web of seditious statecraft that extended from India, through Burma and Indochina and into Siam. The Shan rebellion was one outbreak in a region-wide web of Shan agitation dating from the early 1880s. The rebellion took place at the intersection of the competing colonial agendas of Siam, Britain and France, and various actors in this competition had been planting the seeds of a Myngoon-led rising since the 1880s. Myngoon's story was the product of a time when British, French and Siamese colonial agents were still grappling (and colluding) with dispersed and fragmented royal power.
Over the course of the first two decades of the twenty-first century, within the occupied Palestinian territories, photographic technologies and image-oriented politics would grow increasingly central as activist and human-rights tools of bearing witness to Israeli state and settler violence. This essay investigates the Israeli right-wing and international Zionist response to these Palestinian visual archives and their perceived threat. In particular, it tracks the rise and normalization of a repudiation script that impugned the veracity of these images, arguing that they were fraudulent or manipulated to produce a damning portrait of Israel. Drawing on post-colonial and settler-colonial studies, as placed into dialogue with digital media studies, the essay focuses on three cases studies of repudiation (2000, 2008, 2014, respectively) to consider how the long colonial history of repudiation in the Israeli context would be progressively updated by right-wing Israelis and their international supporters to meet the challenges posed by the smartphone age. By the second decade of the twenty-first century, the script had become an increasingly standard Zionist response to viral images of Palestinian death or injury at Israeli state or settler hands. Repudiation was thus marshaled as a solution to the viral visibility of Israeli state violence by bringing the otherwise damning images back into line with dominant Israeli ideology, a process of shifting the narrative from Palestinian injury to Israeli victimhood. The story of the “false” image of Palestinian injury endeavors strips the visual field of its Israeli perpetrators and Palestinian victims, thereby exonerating the state. Or such is the nature of this digital fantasy in the Israeli colonial present.
Sheila Allan was just 17 years old when Japanese forces invaded Malaya in late 1941. British leaders surrendered at Singapore in 1942, subjecting hundreds of thousands of soldiers and civilians to Japanese internment for the duration of the war — including Allan. During that time, she became infatuated with the women's camp commandant, Dr Elinor Hopkins, whom she described as a ‘dream mother’. Her love and admiration blurred the lines between familial intimacy and sexual desire. Meanwhile, Allan was categorised as ‘Eurasian’ by both her Japanese captors and other European captives. She longed to be regarded as British and Australian, like her father. Nonetheless, white women condemned Eurasian women as sexually lax and immoral and questioned their right to be interned. As a result, Allan's desires for a white ‘dream mother’ reveal the fraught nature of racial, gender and sexual identities in wartime and under colonialism. These influenced not only her methods and strategies of coping during the war, but her hopes of finding love and intimacy when it was over. Her story reveals how fragile colonial categories and wartime violence fractured the destinies of colonial subjects, while love and devotion could be life-affirming.
This essay explores six sentences from Oliver Williamson – five providing context and the sixth the central topic. Decades ago, Williamson asserted that: (a) ‘substantially the same factors’ (1973: 316) create governance issues not only within organizations but also in interactions between organizations; and (b) relational contracting might be useful in addressing these issues in both domains (1979, Figure II). More recently – in an informal conversation in 2002 – he suggested a perspective on relational contracting that appears valuable in both of these domains: relational contracts as ‘deals that start when you sign them’. The bulk of this essay explores past, present, and potential research on this perspective.
The promulgation of model laws—exemplary statutes that states can voluntarily choose to adopt—is a prominent strategy that reformers in public health agencies, the legal academy, and non governmental organizations use to improve US public health law and make it more uniform. This article applies the science and technology studies literature on standardization to the process of model lawmaking to analyze how developers negotiate between alternative forms of expertise and utilize different drafting processes to secure the techno-political legitimacy of their model statutes. Drawing on archival records and interviews with thirty-four experts involved in the development of four model public health laws produced between 1999 and 2007, I show how developers work to satisfy multiple, and, at times, competing, audiences. I observe that developers leveraged forms of legal expertise to secure their model laws’ technical legitimacy and emphasized their objectivity, representativeness, and flexibility to promote their political legitimacy. Comparing the four model laws across several indicia of legitimacy, I find that the developers experienced varying degrees of success. This study contributes to the socio legal scholarship on model laws by revealing how they are able to achieve legitimacy, albeit fragmented, even in the context of scientific uncertainty.
This article examines the Turkish State’s recent practice of removing pro-Kurdish mayors and appointing trustees in their place without holding new elections. By comparing previous cases of removals of pro-Kurdish mayors to post-2016 practices, it argues that the discursive shift in legitimizing recent anti-democratic governmental practices should be read in relation to authoritarian neoliberalism in Turkey. To this end, it analyzes a Twitter account dedicated to promoting public services of trustee-ran municipalities (oluyor.net) and 89 YouTube videos that feature the trustees themselves. By demonstrating the ways in which the trustees themselves promote their work in Kurdish-populated cities, it underlines the dangers of authoritarian neoliberalism in subordinating democratic mechanisms to economic development and providing better public services. However, by studying the results of the following 2019 local elections in these 89 trustee-appointed municipalities, this article shows that the local people mostly continue supporting democratic mechanisms by electing pro-Kurdish candidates even in unfair electoral conditions.
This article explains how the Turkish nation’s composition has changed under Justice and Development Party rule. Turkish nationalism and Turkish national identity have dramatically changed since 2010, when the Kurdish Opening process was started by former prime minister Recep Tayyip Erdoğan. The Syrian refugee crisis and the influx of Syrian refugees into Turkey created another change in Turkish national identity. Increasing religiosity in Turkey and the use of Islam by the Justice and Development Party created a flexible nation, where all Sunni Muslims can be considered members even though they are not ethnically Turkish. The author uses primary sources, such as President Recep Tayyip Erdoğan’s speeches since 2010, to show how his discourse became more embracing of non-Turkish Muslim groups and created a dynastic understanding of nationalism based on religion rather than the idea of an ethnically homogenous, secular Turkish nation.
At issue in the SNC-Lavalin scandal was a new tool of corporate criminal law: remediation agreements. Introduced in 2018, remediation agreements allow corporate diversion and create an alternative to the prosecution of corporations suspected of criminal wrongdoing. This article examines why the federal government adopted and chose this particular new tool. Drawing on a wide-ranging documentary record, I argue that this reform was the product of transnational lawmaking and the ongoing influence of Canada's international commitments to prohibit and punish foreign bribery. The article shows how international criticism of Canada's lacklustre anti–foreign bribery enforcement record catalyzed cross-national policy diffusion and learning from other states. This led Canada to adopt corporate diversion, which promised greater enforcement, and also led Canada to adopt a form of the practice with legislative and judicial limits that narrowed the chances of any company—including SNC-Lavalin—of obtaining a remediation agreement.
Against the context of pending judicial proceedings between the State of Palestine and the United States of America (US) at the International Court of Justice (ICJ), this article critically examines the United Nations (UN) commitment to the international rule of law through an examination of its consideration of Palestine’s 2011 application for membership in the organization. The universality of membership of the UN is a foundation upon which the organization rests. The international law governing UN admission has accordingly been marked by a liberal, flexible and permissive interpretation of the test for membership contained in the UN Charter. In contrast, an assessment of the UN’s consideration of Palestine’s application for membership demonstrates that it was subjected to an unduly narrow, strict and resultantly flawed application of the membership criteria. An examination of the contemporaneous debates of the Council demonstrates that the main driver of this was the US, which used its legal authority as a permanent member of the Council to block Palestine’s membership. The principle argument used against membership was the US’s view that Palestine does not qualify as a state under international law. Notwithstanding, the State of Palestine has been recognized by 139 member states of the UN and has acceded to a number of treaties that furnish it with access to the ICJ. While a number of articles have been written about Palestine’s statehood, little has been written on the UN’s consideration of Palestine’s 2011 application for membership. Palestine v. USA provides a renewed opportunity to do so.