Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.
"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.
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.
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.
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.
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.