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Regulatory Governance: History, Theories, Strategies, and Challenges  

David Levi-Faur, Yael Kariv-Teitelbaum, and Rotem Medzini

Regulation, that is, rulemaking, rule monitoring, and rule enforcement, is both a key policy and legal instrument and a pillar of the institutions that demarcate political, social, and economic lives. It is commonly defined as a sustained and focused control mechanism over valuable activities using direct and indirect rules. Most frequently, regulation is associated with the activity of public independent regulatory agencies, designed to promote economic, social, risk-management, integrity, or moral goals. Since the 1990s, more and more states worldwide are establishing such agencies and placing more emphasis on the use of authority, rules, and standard-setting, thus partially displacing earlier emphasis on public ownerships and directly provided services. Alongside this rise of the “regulatory state,” the expansion of regulation is also reflected in the rapidly growing variety of regulatory regimes that involves nonstate actors, such as private regulation, self-regulation, and civil regulation. Regulatory regimes can be explained and assessed from three theoretical perspectives: public-interest theories, private-interest theories, and institutional theories. Each perspective shines a different light on the motivations of the five regulatory actors: rule-makers, rule intermediaries, rule-takers, rule beneficiaries, and citizens. Over the years, diverse regulatory strategies evolved, including: prescriptive strategies that attempt to mandate adherence in precise terms what is required from the rule-takers; performance-based strategies that set in advance only the required outcomes; and process-based strategies that attempt to influence the internal incentives and norms of rule-takers. Although it appears that regulation is here to stay as a keystone of society, it still faces fundamental challenges of effectiveness, democratic control, and fairness.

Article

The U.S. Politico–Military–Industrial Complex  

John A. Alic

The three large military services—Army, Navy, and Air Force—comprise the core of the U.S. politico–military–industrial complex. They dominate decision making on multi-billion dollar weapon systems and the operational concepts these are intended to embody. The armed forces need private firms to realize their visions of new weaponry, since government has limited capacity in engineering design and development and limited production facilities. Running a successful defense business means giving the services what they want, or think they want, whether this makes technical and operational sense or not; thus industry caters to the views of the services, and while it seeks to influence them, does so mostly at the margins. The political dynamics of the complex take place in two primary domains, only loosely coupled. The first is largely contained within the Defense Department. This is the main arena for conflict and bargaining within and among the services and between the services, individually and collectively, and Pentagon civilians. Most of what happens here stays hidden from outsiders. Service leaders generally seek to resolve disagreements among themselves; the goal, often although not always achieved, is to present a united front to civilian officials and the public at large. The second domain extends to the rest of government, chiefly Congress, with its multiple committees and subcommittees, and the White House, home of the powerful Office of Management and Budget among other sources of policy leverage. The complex as a whole is an artifact of the Cold War, not greatly changed over the decades. Repeated efforts at restructuring and reform have led to little. The primary reason is that military leaders, senior officers who have reached the topmost ranks after lengthy immersion in generally conservative organizational cultures, usually have the upper hand in bureaucratic struggles. They believe the military’s views on choice of weapons—the views of seasoned professionals—should have precedence over those of civilians, whether Pentagon appointees and their staffs, elected officials, or outside experts. They usually prevail, since few of the political appointees on the civilian side of DoD and in policy-influencing positions elsewhere can command similar authority. If they do not prevail on a particular issue, service leaders expect to outwait their opponents; if they lose one battle over money or some cherished weapon system, they anticipate winning the next.

Article

Military-Industrial Complexes and Their Variations  

Marc R. DeVore

Dwight David Eisenhower delivered one final address to the American public on January 17, 1961, as he prepared to step down from the U.S. presidency. Often remembered as an inarticulate public speaker, Eisenhower surprised his audience with his clear warning that “in the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex.” Eisenhower’s words resonated with both his audience and subsequent generations because he gave voice to the growing level of popular anxiety over whether armaments’ increasing importance to national security would ultimately endow defense firms with a degree of power incompatible with liberal democracy. Although Eisenhower’s concerns about defense firms’ antidemocratic potential echoed those of policymakers and scholars since the First World War, Eisenhower’s formulation of the military-industrial complex problématique followed on the heels of earlier analytic models—notably the “merchants of death” and “garrison state” hypotheses—and preceded later rearticulations, such as that of the “iron triangle.” It is possible now, with a century of perspective on this literature, to assess which hypotheses about defense firms’ deleterious impact on society and government have been borne out by subsequent events and which have not. Within this context, many of the worst fears embodied in the earlier theories have not been borne out by subsequent events. Defense firms did not “cause” wars as per the merchants-of-death hypothesis, and democracy did not give way in states where it already existed to the authoritarian rule of “specialists of violence.” Nonetheless, the core insight of the military-industrial complex and iron triangle schools of thought—that defense industries and their allies in the military and politics will act as an interest group to promote procurement projects—has proven robust. The way that these dynamics occur, however, varies from state to state as a function of their institutions. Even though the production of armaments by defense firms headquartered in one’s state exercises a distorting effect on national politics and military procurement, few states can escape this dynamic. The national security advantages of greater supply security and enhanced military adaptation, combined with the fear that once abandoned, defense-industrial capabilities cannot be quickly reconstituted, compels most states that can produce armaments to do so. A military-industrial complex, of some form, is thus a fatality for the modern state.

Article

South Korea and the European Union  

Sunghoon Park

Since the inauguration of the official diplomatic relationship between Korea and the European Union (EU) in 1963, the bilateral relations have continuously upgraded, to reach the status of a Strategic Partnership in 2010, which is supported by three key agreements—the Framework Agreement, the Free Trade Agreement (FTA) and the Framework Participation Agreement. The bilateral relationship has undergone profound changes around the mid-1980s, transforming it from an economy-focused and one-sided preferential relationship to a comprehensive and more equal partnership. Among others, the 2000s have been most dynamic and productive in upgrading the Korea–EU bilateral relationship. Not only EU’s policy initiatives such as the “Global Europe” strategy, but also Korea’s aspiration to play an increasingly important leadership role in regional and global arena have been instrumental in instituting the strategic partnership between Korea and the EU. Considering the past trajectory and recent development, the Korea–EU relationship appears to have a bright future. Stronger policy dialogues and common efforts, especially in climate change and energy, education and culture, and international development cooperation, are needed to make the bilateral relationship more meaningful and commensurate to the weight of the two parties in the global politics and economy.

Article

Latin American Labor Regulation in the 21st Century  

Matthew E. Carnes

The labor market of the 21st century is evolving at a rapid pace, making traditional manufacturing and agricultural jobs increasingly precarious and generating significant pressure for turnover, retraining, and adaptation by workers. Latin America’s labor regulation, adopted in the middle of the 20th century to foster industrial development and incorporate urban workers, has been slow to adapt to these conditions. Its restrictive and costly hiring and firing rules offer stronger protections than in many other parts of the world, but they often apply to a diminishing minority of laborers. Despite a few exceptions, once-strong unions have been hollowed out in the region, and workers have become increasingly atomized in their job seeking. The region’s educational systems are plagued by underinvestment, and they struggle to provide the needed technical skills that could galvanize investment that would provide higher-wage employment. Large segments of the workforce—a majority in most countries—find themselves in the informal sector, in jobs that are not registered with the state and that do not make contributions to pensions and social security systems. Why has Latin America—a region endowed with a variety of natural resources and a resilient entrepreneurial spirit—exhibited these patterns in its labor market regulation? The answer lies in an overlapping nexus of economic and political influences in the region. In this complex mix, one strand of scholarship has documented the lasting and recurrent alliance between organized labor and political parties on the left. Another strand has highlighted the concentrated power of business interests—both local and transnational—that have had the power to shape policies. And a third body of research concentrates on the electoral dynamics that have given rise to a growing set of politically motivated policies that seek to support informal sector workers, but may incentivize their remaining in that status. Finally, considerable attention has been given to the under-resourced state agencies that are not adequately monitoring labor regulations, allowing for widespread evasion of required payroll taxes. A change-resistant cycle has predominated in the region, in which protected insiders in the unionized sectors seek to preserve a set of protections that apply to a shrinking few, while politicians court support among outsiders with direct benefits that address immediate needs but have not yet achieved long-term or intergenerational change. Business interests have largely benefited from the status quo of labor law evasion and social security avoidance, so they have been slow to invest in upgrading the workforce or changing technology that would inspire additional investment in education. Addressing this situation will require efforts at both the political and economic levels, perhaps loosening the partisan ties that lock in preferential policies, as well as increasing the skill levels that would attract higher-tech industries and higher-paying jobs.

Article

El Salvador’s FMLN and the Constraints on Leftist Government  

Kevin A. Young

The 1992 Salvadoran peace accords ended a 12-year civil war and forced modest democratic reforms on a state long dominated by a ruthless oligarchy and military. However, the new system represented a shallow version of democracy that remained largely unresponsive to the population. For two decades the far-right Alianza Republicana Nacionalista (Nationalist Republican Alliance [ARENA]) party held the presidency and used it to enact pro-business economic policies of austerity, privatization, and deregulation. In 2009, the left-wing opposition party, the Farabundo Martí National Liberation Front (FMLN), won the presidential elections for the first time. Yet despite winning some notable progressive reforms, the FMLN did not seek, much less achieve, a radical break from the neoliberal policies of previous administrations. FMLN leaders opted to continue a number of pro-capitalist policies while pursuing reforms to ameliorate the worst symptoms of the system, not overthrow it. The FMLN’s shift away from revolutionary socialism is attributable to several factors: a political and media terrain that still heavily favors the right, the continued influence of the United States government, and private investors’ control over the economy. These constraints were vitally important during the tenures of FMLN presidents Mauricio Funes (2009–2014) and Salvador Sánchez Cerén (2014–2019). El Salvador’s political trajectory since 1992, and especially during the FMLN’s decade in the presidency, offers insights into the constraints facing various left-of-center governments elected across Latin America in the early 21st century.

Article

Cohesion Policy and European Union Politics  

Simona Piattoni and Laura Polverari

Cohesion policy is one of the longest-standing features of the European construction; its roots have been traced as far back as the Treaty of Rome. Over time, it has become one of the most politically salient and sizable policies of the European Union, absorbing approximately one-third of the EU budget. Given its principles and “shared management” approach, it mobilizes many different actors at multiple territorial scales, and by promoting “territorial cooperation” it has encouraged public authorities to work together, thus overcoming national borders. Furthermore, cohesion policy is commonly considered the most significant expression of solidarity between member states and the most tangible way in which EU citizens “experience” the European Union. While retaining its overarching mission of supporting lagging regions and encouraging the harmonious development of the Union, cohesion policy has steadily evolved and adapted in response to new internal and external challenges, such as those generated by subsequent rounds of enlargement, globalization, and shifting political preferences regarding what the EU should be about. Just as the policy has evolved over time in terms of its shape and priorities, so have the theoretical understandings of economic development that underpin its logic, the nature of intergovernmental relations, and the geographical and administrative space(s) within which the EU polity operates. For example, whereas overcoming the physical barriers to economic development were the initial targets in the 1960s and 1970s, and redesigning manufacturing clusters were those of the 1980s and 1990s, fostering advanced knowledge and technological progress became the focus of cohesion policy in the new century. At the same time, cohesion policy also inspired or even became a testing ground for new theories, such as multilevel governance, Europeanization, or smart specialization. Given its redistributive nature, debates have proliferated around its impact, added value, and administrative cost, as well as the institutional characteristics that it requires to function. These deliberations have, in turn, informed the policy in its periodic transformations. Political factors have also played a key role in shaping the evolution of the policy. Each reform has been closely linked to the debates on the European budget, where the net positions of member states have tended to dominate the agenda. An outcome of this process has been the progressive alignment with wider strategic goals beyond cohesion and convergence and the strengthening of linkages with the European Semester. However, some argue that policymakers have failed to properly consider the perverse effects of austerity on regional disparities. These unresolved tensions are particularly significant in a context denoted by a rise of populist and nativist movements, increasing social discontent, and strengthening Euroskepticism. As highlighted by research on its communication, cohesion policy may well be the answer for winning back the hearts and minds of European citizens. Whether and how this may be achieved will likely be the focus of research in the years ahead.

Article

Cuba in an Age of Economic Reform  

Gary Prevost

Cuba in the second decade of the new millennium remains as interesting as ever, commanding a place on the world stage much greater than its small size would indicate. Fidel Castro passed away in November 2016 after 10 years of retirement from public life, during which time his brother Raúl assumed the leadership of the country and led Cuba through some very important political and economic changes that are still being played out. In 2011, a long delayed Communist Party congress mandated the scaling back of government employment and the re-creation of a services sector of the economy dominated by private economic activity. These market mechanisms have threatened the island’s vaunted egalitarianism but have moved the economy forward after years of stagnation. In 2013 Raúl declared the political reform of a two-term limit on the presidency, and in 2018 Miguel Diaz-Canal, a man in his 50s, assumed the presidency, signaling a shift of political control to a generation born after the revolution triumphed in 1959. The final results of these political and economic reforms, especially in the face of continued hostility from the United States, are not clear, but if they succeed, it will not be the first time that Cuba will be an inspiration to those in the world seeking a successful model of social justice.

Article

Slum Politics in Africa  

Jacqueline M. Klopp and Jeffrey W. Paller

Africa’s growing slums are complex, diverse neighborhoods with their own histories. Currently, these places, characterized by spatially concentrated poverty and human rights abuses, are where large proportions and, in many cases, the majority of Africa’s growing urban populations live. These slums often have a politics characterized by clientelism and repression, but also cooperation, accountability, and political mobilization. Importantly, they must be understood within a wider political context as products of larger historical processes that generate severe inequalities in standards of living, rights, and service provision. Varied approaches (modernization vs. more critical historical and political economy approaches) attempt to explain the emergence, dynamics, and persistence of slums and the politics that often produces, characterizes, and shapes them in Africa. While raising important questions about the link between urbanization and democracy, modernization theories, which are typically ahistorical, do not fully explain the persistence and actual growth of slums in African cities. More historically grounded political economy approaches better explain the formation and dynamics of slums in African cities, including the complex, uneven, and inadequate service delivery to these areas. Whether the conditions of Africa’s slums and the social injustice that undergirds them will give birth to greater democratization in Africa, which, in turn, will deliver radical improvements to the majority, is a critical unanswered question. Will social movements, populist opposition parties, and stronger citizenship claims for the poor ultimately emerge from slum—and wider city—politics? If so, will they address the political problem of inequality that the slum represents? A focus on cities, slums, and their politics is thus a core part of growing concern for the future of African cities and democratic politics on the continent.

Article

Traditional Leaders and Development in Africa  

Lauren Honig

Traditional leaders have a significant role in the social, political, and economic lives of citizens in countries throughout Africa. They are defined as local elites who derive legitimacy from custom, tradition, and spirituality. While their claims to authority are local, traditional leaders, or “chiefs,” are also integrated into the modern state in a variety of ways. The position of traditional leaders between state and local communities allows them to function as development intermediaries. They do so by influencing the distribution of national public goods and the representation of citizen demands to the state. Further, traditional leaders can impact development by coordinating local collective action, adjudicating conflicts, and overseeing land rights. In the role of development intermediaries, traditional leaders shape who benefits from different types of development outcomes within the local and national community. Identifying the positive and negative developmental impacts of traditional leaders requires attention to the different implications of their roles as lobbyists, local governments, political patrons, and land authorities.