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Nazarbayev University (NU) in Astana, Kazakhstan, has aspirations both to be an internationally renowned research university and to serve as a model for the nation’s universities. NU began by partnering with elite international research universities and creating an admissions system based solely on academic merit and English-language proficiency. It benefited from sustained State support and continued institutional leadership but faces challenges in maintaining its focus while responding to shifts in the nation’s real politick.
Asian University for Women (AUW) in Bangladesh offers a rigorous liberal arts education to promising young women from across Asia. Established with the support of donors and the national government, AUW has built relationships with many low-resourced and marginalized communities. Its educational offerings prepare students for academic success and cultivate their leadership potential. It faces challenges balancing its founding purpose with the long-term imperative financial stability.
The rule of law is considered an essential element to guarantee the development of modern societies. Despite this and the democratizing waves that emerged after the Cold War, in recent years the world seems to have entered a stage of institutional stagnation, democratic erosion, and, more broadly, a rule-of-law backsliding at the transnational level. In this chapter, we present evidence of the deterioration of the rule of law at the transnational level and on how this phenomenon has come about. To do so, we use data from the WJP Rule of Law Index produced by the World Justice Project covering more than 100 countries for the period 2015 to 2022. We find that the rule of law has deteriorated in recent years around the world. This trend, however, masks variation in different indicators. Using cluster analysis of the change over time in the main indicators of the Index, we identify three groups of countries. The first is composed of countries that have experienced a deterioration in all indicators, but most notably in those measuring limits to state power, open government, and respect for human rights. The second group is composed of countries where overall rule-of-law trends have declined slightly. These countries have also experienced considerable decline in the indicators measuring limits to state power and respect for human rights, albeit of lesser magnitude. The third group is composed of countries where most indicators show slight improvements. These results suggest that the deterioration in the rule of law has been driven by the weakening of limits to state power. In contrast, except in those cases that have experienced a sharp decline, the weakening of the rule of law has not been driven by an acute deterioration in the application or enforcement of the law or in access to justice. We also find that the weakening of the rule of law appears to be associated, in part, with an increase in the authoritarian tendencies of already authoritarian regimes and, in part, with the rise of anti-pluralist and populist leaders.
This chapter examines Kenya's use of debt-based financial statecraft, revealing an uneven track record. It first describes how the Kenyan government diversified its portfolio of external finance with both international bonds and Chinese loans. Drawing on interviews with government and donor officials, the chapter then shows Kenya's mixed success in extracting bargaining leverage from its new sources of finance. While the Kenyan government achieved increased flexibility from donors on governance issues, it encountered greater resistance on financial management practices. The chapter highlights that donors' strategic interests in their relationship with Kenya encouraged them to be more flexible when Kenya diversified its portfolio of external finance, but that their concerns about accountability and use of funds led them to be more stringent on issues of financial management.
Over the past decade, ethnographers have increasingly paid attention to the ways in which practices and principles of financial speculation have been adopted in the governance of public and private resources. Those interested in matters of tax and taxation have typically associated speculation with tax evasion and fraud, paying less attention to other ways in which speculative thinking has entered the relationship between the taxpayer and the state. In this chapter, I examine the design and public reception of the Slovak National Receipt Lottery, one example of the way speculative logic has become part of governing the fiscal subject. I show how the Lottery both reflected and challenged established ideas of fiscal citizenship and redistributive justice, triggering novel anxieties about fraud, disclosure, and privacy amongst citizens and policymakers alike. It revealed a profound disconnect between the way policymakers imagined taxpayer behaviour and motivation, and citizens’ own perception of themselves as morally and socially embedded subjects. Finally, I suggest that the National Receipt Lottery is an example of speculative governance: a particular way of administering public life which combines elements of audit culture, behavioural policy, and gamification to generate social goods and shape citizen subjectivities.
Egypt is the most populous state in the Arab world, with just over 100 million citizens residing in the country, and Egyptian nationals have long looked abroad for opportunities. This chapter examines the evolution of the country’s policies toward its diaspora and seeks to understand how the Egyptian government has attempted to protect, assist, and cultivate loyalty among its citizens abroad, as well as how it has sought to exert further control over this population. Beginning with targeted secondment policies that aimed to spread pan-Arabist ideology in the 1950s and 1960s, and broadening to mass labor exportation agreements directed primarily toward other Arab nations in the 1970s, Egypt sought to address demographic concerns of overpopulation and an overburdened and underfinanced public sector, and to reap the benefit of remittances as a major contribution to the country’s GDP. But the chapter also addresses Egypt’s failure to establish effective governance of, and engagement with, its diaspora. This includes the overlapping responsibilities of the numerous ministries in charge of emigration, an unwillingness to resolve domestic economic issues in order to prevent further brain drain and to incentivize the return of Egyptians abroad, and the state’s continued use of transnational repression toward its citizenry.
The British State intervened in the Port of London in 1800. It did so again a hundred years later by appointing a Royal Commission, which provided the basis for eventual reform in 1908. The immediate reason for the Royal Commission was a dock proposal to abolish free entry to docks by river. But the wider context was long-standing, loudly voiced, shipping company grievances about river governance, licensing of lighterage and compulsory pilotage. The Commission’s conclusion that London should have a port authority was generally accepted. However, issues of constitution and compensation bedevilled the Conservative attempt to legislate. In the event, it was a Liberal government, with all-party support, which established the Port of London Authority, effectively nationalising London’s port. In an ironic coda, the port unions soon discovered their new public employer to be a more formidable opponent than their dock company predecessors had ever been.
Governor of the Marwanid period in Iraq for fourteen years, Khālid b. ʿAbd Allāh al-Qasrī was dismissed from his office in 120/738. The narratives of his downfall – the reasons for his dismissal as well as his killing — are found in the Abbasid historiography about him. Next to these narratives, a letter that the caliph Hishām b. ʿAbd al-Malik addressed to him in 119/736–37 can be found in two different sources. This contribution offers a study of this letter and its transmission. It investigates the relationship between the letter and the most developed narratives about Khālid. Unpacking these relationships allows us to look beyond them and provide insights into Khālid’s removal. Finally, this paper looks at this correspondence as an expression of the writing of power and explores how it helps us better understand the ties that bind a caliph and his subordinate.
The Conclusion provides a very brief recap of the issues discussed in the preceding chapters. It reflects on the larger context of regulatory change, and touches upon contemporary challenges of regulation such as the role of gender, race, sustainability, and future generations in the regulatory process.
This chapter offers an introduction to the book. It defines regulation, distinguishing it from other concepts such as governance. We define regulation as ‘intentional, organised attempts to manage or control risk or the behaviours of a different party through the exercise of authority, usually through the use of mechanisms of standard-setting, monitoring and information-gathering and behaviour modification to address a collective tension or problem’. The Introduction reflects upon the most important changes in regulation in the last two decades and the growing relevance of regulation in society. The chapter explains significant changes in the practice and context of regulation that have occurred since the first editions was published.
This study focuses on the practicalities of establishing and maintaining AI infrastructure, as well as the considerations for responsible governance by investigating the integration of a pre-trained large language model (LLM) with an organisation’s knowledge management system via a chat interface. The research adopts the concept of “AI as a constituted system” to emphasise the social, technical, and institutional factors that contribute to AI’s governance and accountability. Through an ethnographic approach, this article details the iterative processes of negotiation, decision-making, and reflection among organisational stakeholders as they develop, implement, and manage the AI system. The findings indicate that LLMs can be effectively governed and held accountable to stakeholder interests within specific contexts, specifically, when clear institutional boundaries facilitate innovation while navigating the risks related to data privacy and AI misbehaviour. Effective constitution and use can be attributed to distinct policy creation processes to guide AI’s operation, clear lines of responsibility, and localised feedback loops to ensure accountability for actions taken. This research provides a foundational perspective to better understand algorithmic accountability and governance within organisational contexts. It also envisions a future where AI is not universally scaled but consists of localised, customised LLMs tailored to stakeholder interests.
Contemporary life relies on regulation. The quality and safety of the water we drink, the food we eat, and the social media applications we use are all governed by multiple regulatory regimes. Although rooted in law, regulation is a multidisciplinary endeavour. Debates about regulation, particularly in the face of rapid change and the emergence of new 'risks', are now commonplace. Despite extensive scholarship, regulation is often poorly understood, even by policy-makers, with unintended and even disastrous consequences. This book offers a critical introduction to core theories, concepts, methods, tools, and techniques of regulation, including regulatory policy, instruments, enforcement, compliance, accountability and legitimacy. Weaving extracts from texts drawn from many disciplines with accessible commentary, it introduces this important field to students, scholars, and practitioners in a scholarly yet accessible and engaging manner with discussion questions and additional readings for those seeking to deepen their knowledge.
Chapter 8 focuses on the imperial state level to examine the legal and political logic informing the final adjudication of the case in 1799, a decision that constituted a shift in the decisions the Council of the Indies and colonial tribunals had been taking in the 1780s. The chapter examines the political reasons related to mining utility and security that informed the shift and the juridical basis imperial jurists used to ground the case’s outcome. Ultimately, the Bourbon Crown ruled in favor of the cobreros but attached caveats related to Indian law to their collective freedom. The chapter ventures into the immediate aftermath of the Freedom Edict of 1800 to examine the challenges that emerged in the colony regarding the actualization of the decreed emancipation. It also interrogates the possibility of compensation or reparations to the cobreros for their wrongful enslavement.
Risks or vulnerabilities can arise from any death and part of any professional’s role is to be alert to remediating them as part of patient safety. This chapter will look at how to identify these risks. It will also consider what to do when criticism occurs, and how to remediate to allow for a satisfactory or moderated outcome.
International human rights as a legal regime is founded on the premise that the State is both the violator and the protector of the same set of rights. Universal positivism is the effort to eliminate the internal contradiction embedded within the heart of human rights law. This is done by creating international legal regimes that break through the sovereign veil of States for the benefit of the individuals within the States. This is a benevolent authoritarian move since international human rights treaties cannot be adjusted or addressed by the democratic will of its rights-holding subjects. Universal positivism’s focus on the State as the object of suspicion obscures the intrinsic dependency on the State for the actualizations of said rights, and how a democratic legal order will protect the individuals within the State in ways that international human rights cannot.
This article is about a partially untold story: the central role played by intermediate or ‘meso’ institutions in urban water supply. Three central functions are identified: translating policies and laws into operational targets; monitoring; and incentivizing operators. This paper considers which aspects of institutional design and capacity allow meso-institutions to perform these functions successfully, and conversely what constrains them from doing so. It explores this issue through a careful examination of urban water provision in seven Asian cities which represent a range of macro-institutional environments and micro-institutional arrangements. The analysis shows that in many cases meso functions are performed inadequately or not at all for water supply, with negative consequences for the quality of service. This is particularly evident in cases where ownership and decision rights are not clearly defined and allocated.
Collusive agreements in the form of corporate cartels are complex structures. The involved firms need to agree on terms that are legally not enforceable. However, the interplay between the involved firms in a collusive agreement, i.e., the governance dimension within a cartel, has received surprisingly low attention. Using a comprehensive OECD dataset of 191 cartels from 2012 to 2018, this paper empirically demonstrates how polycentric governance within a cartel may possibly contribute to understanding its stability. It may be beneficial for the duration and lower sanctions imposed by competition authorities, especially for large cartels. By that, the paper sheds new light on two aspects: the entangled governance structures of corporate cartels and the relevance of the concept of polycentricity beyond public administration.
This article compares Habraken's Open-Building framework to Ostrom's design principles. While both frameworks aim to create adaptable and self-governing environments, Ostrom focuses on long-lasting commons governance, while Habraken focuses on designing for change. Unlike Ostrom, Habraken focuses on excludability, implying that private spaces include private and club goods, and public spaces combine public goods and common-pool resources. For Habraken, space is public to people from lower levels who have the right to enter but is private to people from higher levels who can only enter as guests. Habraken also focuses on separating design tasks, such as putting utilities in public spaces accessible from apartment building corridors, to reduce maintenance and repair costs. Utility access from public areas also reduces the need for temporary management and access rights from neighbouring territories, changing many repair and maintenance decisions from collective to private choices. Separating the infill level from the base building gives agents on the lower levels greater ability to adapt and control their own environments. Habraken views the built environment as a self-organizing polycentric system, and an important part of self-organization is appropriately applying themes, patterns, types, and systems. Unlike Ostrom, Habraken doesn't think there are focal action situations.
Many demands for democratic inclusion rest on a simple yet powerful idea. It's a principle of affected interests. The principle states that all those affected by a collective decision should have a say in making that decision. Yet, in today's highly globalized world, the implications of this 'All-Affected Principle' are potentially radical and far-reaching. Empowering Affected Interests brings together a distinguished group of leading democratic theorists and philosophers to debate whether and how to rewrite the rules of democracy to account for the increasing interdependence of states, markets, and peoples. It examines the grounds that justify democratic inclusion across borders of states, localities, and the private sector, on topics ranging from immigration and climate change to labor markets and philanthropy. The result is an original and important reassessment of the All-Affected Principle and its alternatives that advances our understanding of the theory and practice of democracy. This title is also available as Open Access on Cambridge Core.
This chapter considers whether and how the All-Affected Principle (AAP) ought to be extended to large-scale, Western-based INGOs such as Oxfam and Care. These INGOs are frequently criticized for being undemocratic. Would more compliance with the AAP make them more democratic? I consider two possible ways of extending the APP to INGOs. The AAP’s “inclusive face” analogizes INGOs to governments and suggests that they should be more inclusive. It thus offers only a limited basis for critique. The AAP’s “exclusive face” points out that INGOs are unaffected, and tells us that they should therefore be excluded. The AAP’s exclusive face therefore offers a more radical basis for critiquing INGOs than its inclusive face. However, even the AAP’s exclusive face has serious limitations in the context of INGOs. This is because INGOs face the involvement/influence dilemma: they can be involved in addressing social problems or they can avoid undue influence, but it is difficult for them to do both simultaneously. I therefore turn to three organizations that directly and intentionally address this dilemma: SURJ, Thousand Currents, and the Solidaire Network. I show that these organizations reinterpret the AAP in ways that are relevant to, and generative for, other similarly-situated entities, such as INGOs.