Friday, November 30, 2012

World Justice Project--Rule of Law Index 2012

WJP Rule of Law Index 2012® Released

  "The WJP Rule of Law Index® is an innovative quantitative assessment tool designed by the World Justice Project offering a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice. It provides original data regarding a variety of dimensions of the rule of law, enabling the assessment of a nation’s adherence to the rule of law in practice, identify a nation’s strengths and weaknesses in comparison to similarly situated countries, and track changes over time." (From World Justice Project, The Rule of Law index).

The executive summary of the 2012 index and additional introductory material are posted below.
 
WJP Rule of Law Index 2012 report:

Sunday, November 25, 2012

Posted New Paper: "Sovereign Investing and Markets-Based Transnational Legislative Power: The Norwegian Sovereign Wealth Fund in Global Markets"

I have been considering issues of the ways in which states may now be seeking to develop strategies for governing through markets.  My focus has been on the use of sovereign wealth funds for that purpose.  I just posted a new paper to the Social Science Research Network (SSRN) that considers an aspect of this issue: Sovereign Investing and Markets-Based Transnational Legislative Power: The Norwegian Sovereign Wealth Fund in Global Markets.



 (Pix (c) Larry Catá Backer 2012)


The object is not to study the way in which sovereign wealth fund activity in markets can eb regulated but instead the way that sovereign wealth funds may themselves regulate transnationally through their global market activities. The initial paper was presented at  “A Market is a Market is a Market: Financial Regulation and the Role of Law in an Era of Globalization,” International Conference hosted by the University of Ferrara, Italy, Nov. 9-10, 2012, about which I will write soon.

The abstract follows:


Friday, November 23, 2012

Melissa Tatum --"Native Americans: Underappreciated, Misrepresented and Job Creators


Melissa L. Tatum is a Research Professor of Law and the Director of Indigenous Peoples Law & Policy Program at the University of Arizona James E Rogers College of Law, the only University in the world to offer three law degrees (JD, LLM, and SJD) with a concentration in Indian and Indigenous peoples law


For Thanksgiving, Professor Tatum published an opinion essay, a portion of which was published  in the Arizona Daily Star (Melissa Tatum,US culture, justice system owe much to Indians, Arizona Daily Star, November 22, 2012. The essay is notable for its reminder of one of the more important consequences of globalization, the opening of borders and the emerging system of polycentric governance. The entire essay is reproduced here.  

Saturday, November 17, 2012

Monday, November 12, 2012

Ruminations 43: Dominus Illuminatio Mea



 (Pix (c) Larry Catá Backer 2012)

If the Lord is my illumination, then does God guide me as I create God? More importantly, it suggests that the approach to the sources of knowledge will substantially affect the way it is seen.


Martin Sirakov on Social Capital's Overlooked Influence


The World Bank Group defines social capital as "the institutions, relationships, and norms that shape the quality and quantity of a society's social interactions. Increasing evidence shows that social cohesion is critical for societies to prosper economically and for development to be sustainable. Social capital is not just the sum of the institutions which underpin a society – it is the glue that holds them together."  World Bank, What is Social Capital. Francis Fukuyama, understands "social capital is an instantiated informal norm that promotes cooperation between two or more individuals. The norms that constitute social capital can range from a norm of reciprocity between two friends, all the way up to complex and elaborately articulated doctrines like Christianity or Confucianism. They must be instantiated in an actual human relationship." Francis Fukuyama, Social Capital and Civil Society, Prepared for delivery at the IMF Conference on Second Generation Reforms (Oct. 1, 1999).

(Pix (c) Larry Catá Backer 2012)

My former student and research assistant, Martin Sirakov, has written a nice essay on social capital.  He has consented to write a summary of the essay as a guest post.  That summary follows. The paper may be accessed HERE.


Tuesday, November 06, 2012

Thoughts on Emerging Trends in Chinese Constitutional Thought on the Eve of the 18th Party Congress

I thought it appropriate, on the eve of the 18th National Party Congress of the Chinese Communist Party to reflect on some of the major themes that are now confronting Chinese intellectuals and Chinese Communist Party leaders.

(From http://www.xinhuanet.com/english/special/18cpcnc/index.htm)


What follows are contemplations grounded in eight parts.  This is very much an opening to a more sophisticated analysis.  But it suggests one way of thinking through current issues of Chinese constitutionalism  that may be of most interest within China (even if less interesting to foreigners, and especially foreign intellectuals).  I look forward to reactions and additional conversation. A later version has been published as "中国共产党创造出世界上最活跃的发展体制" interview by Zhao Yining, Decision and Information, 2012 Vol.12, December 2012, ISSN 1002-8129.