International Institutions: Regional Governance eJournal最新文献

{"title":"Legalizing the ASEAN Way: Adapting and Reimagining the ASEAN Investment Regime","authors":"Sungjoon Cho, J. Kurtz","doi":"10.1093/AJCL/AVY026","DOIUrl":"https://doi.org/10.1093/AJCL/AVY026","url":null,"abstract":"This article explores the legalization characteristics of the investment rules of the Association of South-East Asian Nations (ASEAN). Measured against orthodox and external benchmarks, ASEAN’s investment regime is relatively limited. We make the following two arguments in this article. First, we argue that while ASEAN members have subscribed to global norms in their own collective investment rules, they have done so in an intentionally selective manner shaped fundamentally by key contextual dynamics. These encompass a complex combination of ASEAN members’ unique deliberation modality (the “ASEAN Way”) informed by their shared historical experience coupled with negative social learning. Using those insights, we suggest that is both possible and desirable to understand the ASEAN approach as an independent and legitimate form of legalization, rather than as a failed or flawed model. Second and relatedly, we argue that the idiographic nature of legalization in ASEAN compels us to rethink the conventional universal (nomothetic) approach to legalization and embrace a more nuanced conception.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126463647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction: Re-Embedding Pacific Russia in the Changing Regional Environment","authors":"A. Korolev, Jing Huang","doi":"10.1007/978-3-319-40120-1_1","DOIUrl":"https://doi.org/10.1007/978-3-319-40120-1_1","url":null,"abstract":"","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129416406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Роль бизнеса в региональном управлении на примере Делового консультативного совета (ДКС) АТЭС (The Role of Business in Regional Governance: The Case of the APEC Business Advisory Council (ABAC) in APEC)","authors":"Elizaveta Safonkina","doi":"10.17323/1996-7845-2016-03-37","DOIUrl":"https://doi.org/10.17323/1996-7845-2016-03-37","url":null,"abstract":"In the modern globalized world, the international relations landscape is like a cake decorated with powder and other toppings. The international agenda is determined by the traditional actors - states (“flour, milk and other ingredients without which the cake could not be baked”) as set out in the theory of liberal intergovernmentalism. But a large number of non-governmental actors (“the decorative powder and toppings, but the cake is edible without them”) present their proposals and initiatives to the states, which states reflect on in their official documents. These proposals and initiatives tend to be mainly aligned with the states’ policies. This dialogue is important in making the international decision-making process legitimate, but does not mean that non-governmental actors are fully engaged in designing the international cooperation agenda. In this article the author tests this hypothesis through studying the APEC Business Advisory Council (ABAC).The author explores how the Asia-Pacific business priorities promoted by ABAC since its establishment in 1996 correspond with the key objectives and policies of the Asia-Pacific Economic Cooperation (APEC) forum as well as ABAC’s internal and external communication model to access the ABAC actorness. The official ABAC and APEC documents constituted the evidence base for the analysis. Research methods include qualitative content and comparative historical analyses. The author concludes that ABAC has the characteristics of a formal actor in Asia-Pacific regional governance. It could therefore be considered a full-fledged partner in the APEC leaders’ documents although ABAC has no capacity to change the regional agenda. From an economic perspective, this phenomenon could be explained by the fact that the states and businesses in the region have common interests because states need business-led growth and business needs the robust competition that trade and investment liberalization can provide.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"62 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120816905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Models for Investment Treaties in the Asian Region: An Underview","authors":"Amokura Kawharu, L. Nottage","doi":"10.2139/SSRN.2845088","DOIUrl":"https://doi.org/10.2139/SSRN.2845088","url":null,"abstract":"Many similarities and occasional differences are evident in New Zealand (as explained in Part 2) and Australia (Part 3) concerning their laws screening foreign direct investment (FDI) and current approaches towards investment treaties, including the now politically sensitive issue of investor-state dispute settlement (ISDS). These closely integrated countries may collectively be considered a ‘middle power’ able to influence the future trajectory of treaty negotiation and drafting in the wider Asian region, as part of its growing influence on international investment law more generally. To further tease out such potential, this paper therefore compares key areas of three existing key treaties already signed (the bilateral CER Protocol, their treaty with ASEAN, and the Trans-Pacific Partnership agreement: Part 4), as well as apparent positions set forth by Australia and New Zealand in a leaked investment chapter for the Regional Comprehensive Economic Partnership (RCEP or ‘ASEAN 6’ agreement: Part 5). Given the concerns about US-style treaty drafting displayed recently by Indonesia and India, major economies still negotiating RCEP with New Zealand and Australia (as well as bilateral agreements with the latter), we also consider the scope to promote more pro-state provisions regarding both substantive commitments and procedures such as ISDS, which characterise contemporary preferences of the European Union (Part 6). We conclude that this transition is likely not only given the evolving preferences of counterparties and local politics in New Zealand and (especially) Australia, but also because of various policy arguments for dialing back treaty commitments to foreign investors – albeit without eschewing them altogether.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128197929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dynamic Regulation for Innovation","authors":"Wulf A. Kaal","doi":"10.2139/ssrn.2831040","DOIUrl":"https://doi.org/10.2139/ssrn.2831040","url":null,"abstract":"A large consensus in the literature suggests that law has a diminishing capacity to react to innovation. After summarizing the commonalities between the law and technology literature and the literature on dynamic regulation in the analysis of the so-called pacing problem between regulation and innovation, the chapter evaluates proposed remedies for the pacing problem and distinguishes dynamic regulatory remedies.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131654231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Grand Strategy Part 3: China","authors":"V. Joshi","doi":"10.2139/ssrn.2807258","DOIUrl":"https://doi.org/10.2139/ssrn.2807258","url":null,"abstract":"Asia is anticipating that the 21st century will be the \"Asian Century\", and prospects for contunuing economic growth are encouraging. However, In a larger context, the direction which China takes will be very important for the realization of this hope in Asia. The Grand Strategy of China is perhaps the most important such strategy of any country in the current context, & in the forrseeable future. This study analyses the Grand Strategy from first principles, and postulates that room for optimism is limited, and there is certainly no room for complacency. The leaders of Asia will be tested in the forseeable futrure.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133700654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Panama Papers and Tax Morality","authors":"Usman W. Chohan","doi":"10.2139/ssrn.2759418","DOIUrl":"https://doi.org/10.2139/ssrn.2759418","url":null,"abstract":"The recent divulgence of the Panama Papers (2016) has caused an uproar for the brazen tax avoidance and evasion practices that powerful interest groups employ, even without ostensibly breaching legal frameworks, much to the detriment of fiscal outcomes, and certainly to the disregard of tax morality considerations. This discussion paper ties the Panama Papers into the literature on tax morality, as it is an important new source of both evidence and initiative for greater reflection on the principles of tax morality on a global scale, underpinned by rising inequality, lower economic optimism, intergenerational inequity, low transparency, corporate leverage and weak oversight. The paper thereby revisits several important facets in a timely manner while the tide of public opinion post-Panama favours stronger fiscal oversight of ‘the 1%,’ which allows for a more robust re-examination of the aforementioned fiscal issues.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121843154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Trans-Pacific Partnership (TPP): An Overview","authors":"John M. Curtis","doi":"10.11575/SPPP.V8I0.42550","DOIUrl":"https://doi.org/10.11575/SPPP.V8I0.42550","url":null,"abstract":"Canadians may have good reason to feel generally positive about the outcome of the negotiations that resulted in the Trans-Pacific Partnership agreement in October. There are, after all, many important sectors that will benefit from the mega-regional trade deal, and in its current form, the agreement will benefit Canada overall. But it would be premature to allow hopes to get too high just yet. There are still a number of things that must go right for Canada to fully enjoy those benefits, and there is no guarantee that they will. One of the major uncertainties is whether the most important TPP country of all, the United States, will even approve and implement to the deal. While the current administration in Washington is obviously a champion of the TPP, Americans are embarking on what will be a heated electoral cycle, both a presidential election and congressional elections. The politics of the TPP are very much unsettled in the U.S. in a way that they are not in all the other TPP countries, including in Canada, and it is not entirely implausible that the TPP as it has been negotiated will never see the light of day. Without U.S. congressional approval, the deal is as good as dead. Even if the TPP is implemented as negotiated, the deal fails yet again to deal with many of the trade irritants between Canada and the U.S. that have existed since before the Canada-U.S. Free Trade Agreement, but have yet to be cleared up. Both Canada and Mexico were shrewd enough to realize that once the U.S. entered into TPP negotiations, it was incumbent on them both to join in as well, to preserve their preferential trade status in the American market, which they had already secured through NAFTA, and would not want to lose. But since NAFTA and even for many years before, the U.S. has continued to utilize countervailing tariffs and related measures to interfere with the intended free-flow of trade across North American borders. The TPP does not bring any further discipline to these practices, again leaving Canada to deal with ongoing irritants in its most significant trading relationship. And if Canada is ever to enjoy the TPP’s full potential benefits, there will also need to be a regulatory realignment of standards in our U.S. trading relationship, reducing barriers to entry in areas such as approval for pharmaceuticals. That is not part of the TPP as negotiated. That said, there are provisions in the TPP that have not previously appeared in Canadian trade deals, and could have interesting and possibly important impacts. Specifically, the TPP includes provisions that require state-owned enterprises (SOEs), common in many TPP countries, to operate on a more commercial and transparent basis. Provisions on labour and the environment are integral to the agreement in a way that they are not in NAFTA, and are spelled out clearly. And there are novel chapters on new technologies, including digital trade and e-commerce, which raise interesting questions about privacy, security a","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115503121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Business as an Actor in Regional Governance: The Case of the APEC Business Advisory Council (ABAC) in APEC","authors":"Elizaveta Safonkina","doi":"10.2139/SSRN.2654240","DOIUrl":"https://doi.org/10.2139/SSRN.2654240","url":null,"abstract":"In the modern globalized world new actors, in particular business, exert increasing influence on the international decision-making processes. The business is generally important and influential actor in the regional governance promoting the group`s common interests. The article aims to test this hypothesis drawing on the findings from study of the APEC Business Advisory Council (ABAC). The author analyses the Asia-Pacific business priorities promoted by the ABAC, actions implemented to make other regional actors acting in line with these priorities and ABAC achievements in that process. The official ABAC and APEC documents constituted the evidence base for the analysis. The research methods used in the article include qualitative content analysis and comparative historical analysis. The author comes to conclusion that business is an influential actor in the Asia-Pacific regional governance due to its capability to promote business priorities implementation at the state level.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128760165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Does Democracy or Good Governance Enhance Health? New Empirical Evidence 1900-2012","authors":"Yi-ting Wang, Valeriya Mechkova, Frida Andersson","doi":"10.2139/ssrn.2697122","DOIUrl":"https://doi.org/10.2139/ssrn.2697122","url":null,"abstract":"It has been long debated whether regime types have impacts on human development. More specifically, compared to authoritarianism, are democracies more likely to provide public goods, including infrastructure that improve food provision and health care, and thus enhance health? Some studies support an optimistic view, and argue that with the accountability mechanisms of democratic elections, democracy is helpful in improving health. Some recent studies challenge the optimistic argument, and point out good governance, rather than regime types, as a more crucial determinant of human development. Using a newly collected dataset that covers 173 countries over the years 1900-2012 and contains more nuanced measures than commonly used, we intend to disentangle the debate. The results suggest that across models with various specifications, regime types have more consistent effects than quality of government on health outcomes throughout the entire period. Furthermore, we find that the mixed results of extant studies are due to that 1) the commonly used governance indicators are measured only for the recent decades, and the sample does not reflect the entire range of variation; 2) the positive effects of democracy are especially salient once the level of democracy has achieved certain threshold; 3) the positive effects of democracy are especially stable when both vertical and horizontal accountability mechanisms are improved.","PeriodicalId":201864,"journal":{"name":"International Institutions: Regional Governance eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129492355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}