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Abstract: Drawing on the findings and examples from the various chapters, this conclusion argues that there is significant untapped potential for a greater role for international adjudication in the international society. In particular, developments in the law of state immunity may give rise to judicially legitimised seizing by states of assets of other states and even arrests of their state officials. In particular fields, legal mechanisms are being developed that mobilise the coercive apparatus of states to apply measures of constraint against other states, their assets, and their leaders. Though these mechanisms remain rare, they provide a glimpse into the possible operation of an international order characterised by judicially guided, coercively enforceable international law.
Abstract: This chapter introduces the theme of international adjudication and considers the ability of international courts (ICs) to influence state behaviour through judicial remedies. ICs hold delegated authority to interpret and apply elements of the normative framework that structures inter-state relations and establishes permissible and prohibited conduct, but are unable to determine the deployment of political and economic resources to coerce recalcitrant states. Their influence over state behaviour thus depends on ICs’ ability to mobilise, through mere authoritative communications, the forces that lead international law to influence state conduct in the first place. For this, ICs have at their disposal a variety of communicative instruments: their judicial remedies. The chapter presents a fourfold typology of judicial remedies – Mere Adjudication, Declaration of Breach, Consequential Duties, and Permissible Responses – that ICs use to calibrate the exercise of their adjudicative authority. Though all judicial remedies concern the interpretation and application of norms, their varied focuses allow ICs to selectively mobilise the different internal and external forces that shape state behaviour.
The concept of ‘nationalisation’ is vigorously discussed in the literature and three dimensions have been proposed. A first dimension considers the extent to which a party's vote in territorial units varies across time and this is labeled ‘dynamic nationalisation’. ‘Distributional nationalisation’ focuses on the degree to which there is an equal distribution of party votes across territorial units. Finally, ‘party‐linkage nationalisation’ concerns the extent to which candidates link together under common party labels. In addition to a conceptual debate there has been a simultaneous debate on the measurement of the various forms of nationalisation. This article contributes to both debates and argues that most of the literature on nationalisation suffers from a methodological nationalism bias – that is, the tendency of many scholars to choose the statewide level and national election as the natural unit of analysis. This claim is supported by a conceptual and empirical analysis regarding the effects of decentralisation on nationalisation. The conceptual analysis shows that the non‐robust findings of many studies concerning the effects of decentralisation on nationalisation can be related to the methodological nationalism bias. An effect of decentralisation is found once nationalisation is conceptualised with regard to its multilevel dimension and the measurements of nationalisation are differentiated according to parties, regions and type of elections (national or regional). An empirical analysis on the nationalisation of party systems, parties and regions in 18 countries for national and regional elections held between 1945 and 2009 shows that regional authority has a significant and robust effect on regions and regional elections but not on parties, party systems and national vote shares.
In many European countries a regional or meso level of government has emerged, with significant policy responsibilities. It has been suggested that the representation of social and economic interests has not followed, so that policy communities remain state‐wide, giving ‘regions without regionalism’. This study of interest groups in six European states examines their adaptation to devolution, focusing on organisation, cognitive change and relationships. It finds there has been a regionalisation of interest representation, but it is uneven, depending on the strength of regional government, territorial identities and the interests of social actors. Business, trades unions, farmer organisations and environmental groups are all cross‐pressured on the regional question. The region is emerging in some cases as a site of interest intermediation. Territorial policy communities are emerging in some regions, but in most cases these supplement, rather than replace, state‐wide policy communities.
Tensions between regionalist claimants and state‐wide governments remain the primary source of violent conflicts. Existing theories cannot systematically explain why and when state‐wide governments accede to such claims. Building on the partisan approaches developed so far, a theory of ideological authority insulation is constructed in this article. It is argued that the willingness of state‐wide parties to transfer authority to specific territorial entities is predominantly informed by ideological proximity to those entities. In a nutshell, the dominant conflict dimension in a country superimposes partisan rationales on the territorial dimension. A new dataset has been compiled with roughly 4,300 region‐cabinet dyads between 1945 and 2015, including electoral data, party positions and regional ‘centres of gravity’. Using panel rare‐events regressions, it is found that ideological proximity systematically explains the accommodation of minority demand controlling for alternative explanations from the partisan and ethnic conflict literature. The empirical evidence therefore supports adding ideological insulation and superimposition to the toolbox of partisan and conflict researchers. Additionally, the findings encourage the application of arguments from the conflict literature in established democracies and the testing of insights from partisan researchers in less democratic environments.
This article addresses the effects of decentralisation reforms on regionalist parties' electoral strength. It takes up the debate between ‘accommodatists’ (i.e., electoral loss due to policy accommodation) and ‘institutionalists’ (i.e., electoral gain due to institutional empowerment). These effects depend on the electoral venue considered – regional or national – and on the ideological radicalism of a given regionalist party – secessionist or autonomist. This study finds that increases in the level of decentralisation are positively associated with higher scores for autonomist parties in regional elections, while they are not statistically significantly correlated with secessionist parties' electoral performances. In contrast, in national elections, decentralisation reforms seem to penalise autonomist parties more than secessionist ones. These findings are based on the analysis of a novel dataset which includes regional and national vote shares for 77 regionalist parties in 11 Western democracies from 1950 until 2010.
Citizen participation and empowerment are high on the political agenda of Western European welfare states. They are often pursued through processes of decentralisation with an appeal to ‘place-based’ working. Existing research focuses on citizen experiences or policymaker motivations, neglecting the perspectives of (municipal) public servants as mediators. Using an ethics of care framework, we examine the concept of ‘privileged irresponsibility’ within the context of local decision-making processes to help us understand how public servants negotiate local initiative within the spaces of local decision-making. Drawing on semi-structured in-depth interviews with twenty-three municipal public servants and managers, we show that they frequently experience an absence of care and eschew joint responsibility for concerns voiced by citizens. We show how ‘privileged irresponsibility’ depends on invisibility and normativity and is the outcome of local political relations and institutional pressures. ‘Tokenist’ forms of participation make it difficult for municipal public servants to take up ‘caring’ responsibilities towards citizens, with effects on their job satisfaction.
The transition in welfare states from compensatory to service-oriented models also implies a shift of the locus of action from the state to local administrations. Cities in particular seek space within national bounds to devise their own policy solutions targeted to city-specific needs as a more responsive government layer, with the prospect of providing more targeted service provision on the basis of locality and proximity principles. Whether such social innovation potential is met depends on scope conditions, such as the learning environment, the design of the decentralisation and the capacity of cities to scale up smaller projects. In this paper, we trace the policy process around local social investment innovations in Amsterdam across three domains: addressing teacher shortages, combatting energy poverty and integrating the long-term unemployed into the labour market. In each of the domains, Amsterdam emerged as a frontrunner and innovator, instigating broader change. The city is at the frontier of societal change and acts as ‘a stopgap’, filling gaps left by national policy default. Overall, the case of Amsterdam shows the importance in adopting a multi-level perspective in studying new dynamics in welfare state transitions.
Centralisation of powers typically occurs in times of crisis. The paper investigates and compares the intergovernmental relations (IGRs) in the Italian decentralised systems during the economic and financial crisis (2008–2013) and the COVID-19 pandemic (2020–2022). During both these two phases, Italy experienced a transition from a political government to a technical one. During the economic and financial crisis, Silvio Berlusconi's government (2008–2011) was succeeded by a technical one led by Mario Monti (2011–2013); similarly, during the pandemic, Giuseppe Conte's government (2020–2021) was followed by a technical one led by Mario Draghi (2021–2022). The hypothesis is that the presence of ‘political’ governments still guarantees a certain degree of cooperation with lower levels of government (i.e. regional and local administrations), while ‘technical’ governments further exacerbate the centralisation of powers. The paper analyses the legislative activities of the central government and the documents of the Italian ‘conference system’ during the two periods of analysis. According to our hypothesis, the findings show a greater centralisation of power under the technical government during the pandemic, but not during the economic crisis. This outcome suggests that the policy domain may serve as a main intervening factor over the degree of centralization of the IGRs during periods of crisis.
Triple entry accounting (TEA) is simultaneously a novel application in the blockchain universe and one of the many concepts applied in blockchain technology. Its Wild Wild West status is accompanied by a lack of consistent and comprehensive set of categories, a state of play that impedes a proper apprehension of the technology, leading to contradictions and oversight of important nuances. To clearly delineate the confines of TEA within the world of blockchain, we provide building blocks to standardise its terminology. Particularly, we distinguish between essential elements such as accounting and bookkeeping, as well as between decentralised systems, distributed ledgers, and distributed journals.
This chapter is the first of two focused on the period between 1919 and 1947 bookended by, on the one hand, India’s membership of the new International Labour Organisation in 1919 and, on the other, the birth of independent India in 1947. Together these chapters chart the origins of a social insurance-led model for a future Indian welfare state directed towards an industrial working class. The chapter also documents how - facing rising industrial unrest - the newly elected provincial government of Bombay, the historic centre of India’s textile industry, began to experiment with social insurance. Limited decentralisation under successive Government of India Acts had provided greater autonomy to provinces in the field of labour policy. Bombay was the first to introduce maternity benefits. It then became the first to support sickness insurance for industrial workers as a means of labour force stabilisation. However, given fierce inter-regional competition within India’s textile industry, the adoption of sickness insurance did not proceed because without national coordination Bombay would have been disadvantaged in competition with regions without labour regulation.
Research in decentralized computing, specifically in consensus algorithms, has focused on providing resistance to an adversary with a minority stake. This has resulted in systems that are majoritarian in the extreme, ignoring valuable lessons learned in law and politics over centuries. In this article, we first detail this phenomenon of majoritarianism and point out how minority protections in the nondigital world have been implemented. We motivate adding minority protections to collaborative systems with examples. We also show how current software deployment models exacerbate majoritarianism, highlighting the problem of monoculture in client software in particular. We conclude by giving some suggestions on how to make decentralized computing less hostile to those in the minority.
The aims of EU competition law are contested. The mainstream view that competition law prohibits conduct that harms consumer welfare leads to discussion about the proper economic approach to apply. EU competition law has often been applied in ways that address other public policy considerations, presently focusing on promoting digital markets and a green agenda. The procedures to apply competition law must safeguard the fundamental rights of undertakings and the Court of Justice has helped shape the degree of protection as well as the right to a robust judicial review of Commission decisions. Since 2004, national competition authorities have been tasked with applying EU competition law. Cooperation among national authorities and the Commission is facilitated by the European Competition Network and the ECN+ Directive has conferred on each national competition authorities the same enforcement powers that the Commission enjoys. Each national authority focuses on cases that affect its jurisdiction, the Commission retaining responsibility for cross-border infringements. Private enforcement has been facilitated by the EU legislature and a system of collective redress by which consumers secure compensation is emerging slowly in some jurisdictions.
With economic reforms in the 1980s, the opening up of political space and the end of war in the early 1990s, Mozambique embarked on a decentralisation process. As in other sub-Saharan Africa countries, the impact of the decentralisation reforms on local development and the strengthening of democracy has been modest. How can this be explained? This chapter addresses this question analysing how institutional dynamics shaped their results. The main argument is that the nature of the political system shaped reform results, in the context of institutional dynamics. Of these, those linked to state capacity and independence from private interests, stand out. Reforms are implemented according to group interests, particularly political parties’ interests, which capture the state and use them for maintaining and bolstering political power. Rather than being a means of improving the provision of public goods and strengthening democracy, decentralisation reinforces state control and panders the elite. Probably the biggest challenge facing decentralisation, this makes it a fundamental issue in any reform, within the context of strengthening democracy and promoting local development.
This chapter focuses on state coordination brought about by the relationship between central and local governments, using local tax collection as a practical example. The dominant fact discussed in this chapter is the vacillation of the Tanzanian government between deconcentration, with centrally appointed civil servants in charge of local affairs, and full devolution to local governments. An ambitious local government reform was voted through in 1998, but never fully implemented. Responsibility for the collection of the property tax has changed three times in the last decade. As capacity is clearly missing at a local level, tax collection should optimally be under the central government for the time being. It is suggested that oscillating responsibilities in the recent past reflect hidden rent-seeking competition between local politicians, central government tax collectors, and ruling party members. In effect, corruption has been observed with both central and local tax collection. An important conclusion that comes out of the chapter and the discussion by Jan Willem Gunning is the role of capacity in the design of institutional structures in developing countries.
Chapter 2 recovers a distinct interpretation of ‘modern socialism’ that focused on diffusing power to producers, consumers, and communities. Over the 1970s and 1980s, several left-wing thinkers and politicians championed redistributing economic and social power through industrial democracy or consumer and community empowerment. These explorations were fuelled by critiques of the post-war state, trade union assertiveness, corporatist experiments, municipal socialism, and market socialism. In the 1980s, they were championed as ‘modern socialism’, mainly as a response to Margaret Thatcher’s flagship policies like popular share ownership and the ‘right to buy’ a council house. Drawing on maverick academics and Eurocommunist journalists, ambitious Labour MPs argued that a ‘modern socialism’ needed to diffuse power through schemes like employee share ownerships. They embraced socioeconomic democracy as ‘modernisation’. However, while some decentralist ideas remained influential, the popularity of diffusing economic power peaked in the late 1980s. This helped scotch subsequent attempts to make the ‘stakeholding economy’ a foundation of New Labour’s ‘modernisation’.
Traditional principles studied in this chapter – mission command (decentralisation) and partnership between a commander and his chief of staff – are seen as a special characteristic of German command. Part of the mechanism for handling the first command task, co-ordinating a mass army. Why mission command’s implementation was limited in Western Front conditions, and how granting autonomy of action could go badly wrong. Lack of trust in subordinates, risk aversion, the growing complexity of battle, shortages of manpower and matériel and good communications led to increased micro-management.
Mission command linked to the partnership between a commander and his chief staff officer, the command team. Composition, strengths and weaknesses of the commander and general staff officer cadres. Great efforts to create effective command teams: reasonably successful in terms of their duration, less so in the vital combined arms balance required by modern battle. General staff officers increasingly influential, but commanders remained important.
I argue that one of the basic tenets of classical liberalism is that, if left free, people will cooperate and reciprocate with others as a means to pursue their own individual desires. Yet, if one is not careful, the rules and institutions that evolve within society over time may crowd out the motivation for people to reciprocate, and may instead crowd in their tendency towards selfish egoism. Policy makers therefore have a role to play in nurturing the conditions that, ideally, protect and foster the intrinsic human tendency to reciprocate. However, one should not try to force people to be cooperative; the tendency to reciprocate ought to be autonomously driven, and the extent to which people are driven to reciprocate – both positively and negatively – will often be influenced heavily by perceptions of desert. I finish by proposing a few ways for reciprocity to be nurtured: namely, for policy makers to emphasise the importance of this basic human tendency in their rhetoric; to address the extreme concentrations in income and wealth that have been allowed to accumulate in many countries over recent decades; and to decentralise, as far as possible, public policy decision making.
The COVID-19 pandemic revealed that public institutions and some households in the United Kingdom (UK) were in a vulnerable and weak financial position to mitigate its immediate outcomes. Public institutions did not have the necessary resources to support their communities and low-income groups were disproportionally affected by the economic contraction of 2020–2021. This paper explores how the disastrous consequences of the pandemic were exacerbated by the implementation of an austerity programme, that as an extension of a neoliberal ideology, supported the development of the market at the expense of reducing the welfare state. Through an assessment of four trends that were reinforced during austerity—the four ‘Ds’—this article shows that austerity influenced many of the struggles observed during the pandemic. These trends are disinvestment, decentralisation, decollectivisation and disintegration. Despite the lessons learnt in 2020–2021 and the evident need to move away from a neoliberal agenda that dismantled the capacities of the state, this article concludes that neoliberalism continues to threaten the welfare state and the formation of social collectivities. Some expenditure decisions taken by the British government in 2020–2021 could further deepen social class divisions and regional inequalities. More is needed from the government to tackle these social problems and to build a fairer and more equal society.
In this article, we study the minimum wage setting reform in Russia that aimed to decentralise the fixing of the minimum wage and to increase the involvement of social partners into this process. The old system of minimum wage setting was based on a single nationwide minimum wage which was differentiated across regions and occupations via a cumbersome framework of coefficients. The new system is a mixture of the government-set minimum wage at the federal level and collective agreements at the regional level. We show that the system of minimum wage setting has become more flexible. The reform succeeded in raising the real value of the minimum wage and increasing earnings of low-paid workers without causing significant negative effects in terms of employment. The reform did not lead to greater regional variation of minimum wages. Nevertheless, it introduced some new imbalances: an unintended consequence of the reform was the emergence of separate regional wage sub-minima for private and public sector workers in many regions. The major challenge in coming years is to strengthen the institutions of collective bargaining, introduce evidence-based evaluation and boost the capacities of government and non-government monitoring agencies.