World Bank Influence and Institutional Reform in Argentina

During the 1990s, reforms concerned with ‘good governance’ became popular with multilateral and bilateral lenders. This trend was led by the World Bank, which claimed that in order to achieve economic development, institutions mattered. This article looks at governance reforms in Argentina, specifically in the judicial sector, and contends that World Bank involvement affected the nature, reach and depth of these initiatives. The influence of the Bank can be traced through three dimensions that have characterized its approach to institutional reform: donor‐driven designs for project reform; reliance on technical approaches; and restricted forms of decision making in project initiatives. Such an approach to institutional change conditioned domestic reform in Argentina and contributed to piecemeal and inadequate initiatives. The author also argues that the Bank's approach in Argentina can be traced to wider strategies that derive from embedded institutional practices and ideological foundations within the institution that throw into question the Bank's capacities to promote such reforms.     

Property,Authority and Citizenship: Land Claims,Politics and the Dynamics of Social Division in West Africa

In the contemporary African context of rising competition and anxiety over access to land, neoliberal policy interventions designed to clarify property rights, broaden political participation and increase official accountability have frequently provoked rather than alleviated social and political conflict. Comparing case histories of local struggles over land and authority in selected rural areas in Ghana, Côte d'Ivoire and Bénin, this paper argues that in situations where access to land has been linked historically to claims on authority and social belonging, pressures to privatize or clarify ownership have intensified debates over citizenship and governance as well as over land claims per se. Ensuing struggles over land and entitlement have intersected with national as well as local economic and political dynamics, reinforcing ‘traditional’ hierarchies, contributing to the proliferation of formal and informal governing agents and institutions, and frequently disrupting or subverting open governance and sustainable resource use, rather than helping to create conditions for sustainable development and democratization.     

Global crisis and the systems of spatial governance and planning: a European comparison

Inadequate regulation of spatial development is at the origin of the current global crisis and increases, in years of crisis, the unequal distribution of wealth. The importance of the related risks for democracy draw attention to the systems of spatial governance and planning, through which States regulate spatial development. In Europe, the countries most affected by the unequal effects of the crisis have spatial planning systems that are traditionally based on the preventive assignation of rights for land use and development through a plan. The systems of other countries had established beforehand that new rights for land use and for spatial development are rather assigned only after the public control of development projects and their distributional effects. Despite the evidence that some models can operate better than others in ensuring public government of spatial development, the improvement of spatial planning systems is, however, limited by their complex nature of ‘institutional technologies’. Especially in a context of crisis, planners are responsible for the increase in public awareness concerning the role of spatial governance in economic and social life.     

Gendered struggles over land: shifting inheritance practices among the Serer in rural Senegal

Although women’s land rights are often affirmed unequivocally in constitutions and international human rights conventions in many African countries, customary practices usually prevail on the ground and often deny women’s land inheritance. Yet land inheritance often goes unnoticed in wider policy and development initiatives to promote women’s equal access to land. This article draws on feminist ethnographic research among the Serer ethnic group in two contrasting rural communities in Senegal. Through analysis of land governance, power relations and ‘technologies of the self’, this article shows how land inheritance rights are contingent on the specific effects of intersectionality in particular places. The contradictions of legal pluralism, greater adherence to Islam and decentralisation led to greater application of patrilineal inheritance practices. Gender, religion and ethnicity intersected with individuals’ marital position, status, generation and socio-ecological change to constrain land inheritance rights for women, particularly daughters, and widows who had been in polygamous unions and who remarried. Although some women were aware that they were legally entitled to inherit a share of the land, they tended not to ‘demand their rights’. In participatory workshops, micro-scale shifts in women’s and men’s positionings reveal a recognition of the gender discriminatory nature of customary and Islamic laws and a desire to ‘change with the times’. While the effects of ‘reverse’ discourses are ambiguous and potentially reinforce prevailing patriarchal power regimes, ‘counter’ discourses, which emerged in participatory spaces, may challenge customary practices and move closer to a rights-based approach to gender equality and women’s land inheritance.     

The Responsibility to Protect and the International Criminal Court: counteracting the crisis

The establishment of the Responsibility to Protect (R2P) process and the International Criminal Court (ICC) were seen by many to constitute significant progress in the protection of human rights. However, these institutions are now in crisis, due in large part to their failure to prevent or prosecute recent acute human rights abuses in Syria. There have been two responses to this crisis: the first assumes that the crisis is caused by the current structures of international governance, in particular the power of the United Nations Security Council (UNSC), and calls for radical reform. The second sees possibilities within the current structure and advocates making R2P and the ICC more closely aligned under UNSC control. The article argues that both responses are mistaken and sets out an argument in favour of refocusing on the complementary nature of each institution. The Court's most successful actions have been in exercising the powers afforded by its complementary jurisdiction in situations such as Colombia. Similarly, R2P works more successfully at preventing conflict and changing expectations of acceptable state behaviour than it does at confronting situations in which large‐scale violence has begun. The article argues that the ICC and R2P should focus on ‘positive complementarity’ agendas, with the ICC devoting more resources to assisting states to build legal capacity in order to deter future conflict through stronger domestic criminal systems, and advocates of R2P focusing less on intervention in live conflict situations and more on building within states the capacity and resources to protect their own populations.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Communal Tenure and Rural Poverty: Land Transactions in Svosve Communal Area,Zimbabwe

The idea of communal tenure has formed a key plank in the rural governance of Zimbabwe since independence, but its retention following the Fast Track land reforms of 2000–2002 perpetuates a distinction between ‘commercial’ land governed by a land market and ‘communal’ land on which market transactions are illegal. This article draws on recent research in Svosve Communal Area to examine the dynamics of land access and their implications for rural poverty in Zimbabwe. The authors argue that, as in many other parts of Africa, access to land governed by customary authority in Svosve is increasingly commoditized via informal, or ‘vernacular’, sales or rental markets. In failing to acknowledge and address this commoditization of land, the ‘communitarian’ discourse of customary land rights that dominates the politics of land in Zimbabwe — as elsewhere in much of Africa — undermines, rather than protects, the livelihoods of the rural poor.     

Archaeology,common rights and the origins of Anglo‐Saxon identity

It is generally accepted that rights over land, especially rights of pasture, played a formative role in establishing the identity of early Anglo‐Saxon ‘folk groups’, the predecessors of the middle Anglo‐Saxon kingdoms. This speculative paper sets early medieval and medieval common rights in the context of the archaeological longue durée of the period before 400 ad . It argues that ancient traditions of common governance, integral to Anglo‐Saxon identity, might have offered an attractive legitimacy to middle Anglo‐Saxon kingdom‐builders. While not seeking to establish any answers, the paper hopes to contribute to a wider research agenda.     

Mining Formalization at the Margins of the State: Small‐scale Miners and State Governance in the Peruvian Amazon

This article analyses the Peruvian government's quest to formalize small‐scale mining in the Amazon as a political process which shows how state governance problems are reproduced in the margins of the state. It asks why the central state is unable to govern mining activities in the Madre de Dios region, and examines how small‐scale miners have reacted to state attempts to formalize their activities. The author argues that, through political agency and the reproduction of ‘hybrid’ formal and informal institutions, small‐scale miners have learned to contest, reinterpret and build alternatives to central state governance. The article contributes to the literature on development policies by showing how difficulties in implementing regulatory policies may be analysed as governance problems, particularly in regions like the Amazon, where the state apparatus is not well established.     

The Eurozone crisis and Italian corporate governance: the end of blockholding?

This article explains the process of change in domestic corporate governance. An actor-centred coalitional approach is applied to the Italian case to show how the main features of domestic corporate governance are a product of behavioural patterns (i.e. informal institutions), rather than formal legislation. Leveraging their superior financial means, business elites act as institutional incumbents shaping these informal institutions according to their preferences. It is argued that a change in corporate practices is more likely to be triggered by a socio-economic crisis, which weakens the domestic elite’s influence, rather than a legal reform. These findings call into question the excessively formalistic approach of many corporate governance scholars, and are confirmed by the Italian trajectory. After having resisted 20 years of liberalising legal reforms aimed at eroding their power, Italian blockholders are now being forced, as a consequence of the Eurozone sovereign debt crisis, to dismantle their cross-shareholding networks.     

Pathways of confinement: the legal constitution of carceral spaces in France’s social housing estates

This paper analyzes the enactment and evolution of article L.126 of the Code of Construction and Housing (CCH) in France and demonstrates the careful ways lawmakers have redefined ‘common areas’ in social housing estates as carceral spaces. It argues that such transformation has inserted these areas into a ‘carceral continuum’ that facilitates the arrest, prosecution and confinement of young people ‘hanging out’ in ‘common areas’. Drawing on the work of legal geographers on the co-constitutive relationship of law and space, and urban and carceral geographers exploring the criminalization of urban space and the extension of the carceral state, the paper illustrates how the pathways of confinement are legally constituted. The legal process documented here seeks to highlight the law’s meaning-making capacity and the complex legal practices – by actors and institutions located at multiple scales – which significantly condition urban practices and relationships. The analysis suggests, finally, that law’s constitutive power has limits that are brought to the fore by anti-police violence struggles. Pathways of confinement are, thus, fragile networks dependent upon the ongoing enactments, discourses, and practices by lawmakers and law-enforcers.     

Etching the Law on the Land: The Role of Landscape and Custom in Defining the Space of the Hungarian Village in the Eighteenth and Nineteenth Centuries

Abstract

This article explores the interaction between the historical landscape of Hungary and the structure of rural society that developed therefrom. It establishes the means through which the Hungarian peasantry were able to construct the spatial order of the village in response to the particular environment of the Hungarian plain, and how this informed attempts to reform Hungarian rural society in the eighteenth and nineteenth centuries. In this, it argues that customary practices and customary rights, in particular ‘beating the bounds’ (határjárás), provided a means for the peasantry to assert their own claims to the landscape in the face of reforms imposed from beyond the boundaries of the village.     

Planning Innovations in Land Management and Governance in Fragmented Rural Areas: Two Examples from Galicia (Spain)

Land fragmentation can be an important drawback for the development of rural areas. Due to the small size of the units, land management and planning are difficult from both the private and the public point of view. In some regions of Europe, land fragmentation can lead to the collapse of land-based activities such as agriculture and forestry. This process triggers land abandonment, which causes social, economic and environmental problems. Traditional interventions such as land consolidation have not worked because of the scale of land fragmentation, which leads to huge transaction costs. New planning instruments and governance structures for land management that balance the relations between property rights, management and labour force can be developed, in order to avoid the problems of land fragmentation. In this paper, we present two innovative examples of land management and governance structures for dealing with land fragmentation in rural areas of Galicia northwestern Spain. They were able to combine the use of individual and common property rights to make land use more sustainable, instead of trying to change land ownership. The new governance structures helped to increase efficiency and sustainability of the land use by, for example, increasing labour productivity, clarifying property rights and diminishing land abandonment.     

Humanitarianism,genocide and liberalism

The international response to genocide and human rights violations has received increasing attention by scholars in the humanities and social sciences. This article explores the history of the response to mass atrocity by assessing recent work on humanitarianism as an idea and in practice in the West. It argues that the impulse to defend the rights of others historically has been tied up with geopolitical and imperial concerns that shaped European politics. The current embrace of the responsibility to protect, or ‘R2P’, and debates over whether or not to recognize and prosecute perpetrators of past atrocities from the Armenian genocide to Rwanda remain embedded in this longer history of humanitarianism and geopolitics. As recent work on humanitarian intervention, the anti-slavery movement and humanitarianism and foreign policy demonstrates, the pressing need to understand the response to atrocity has called scholars to more fully participate in the contemporary conversation over human rights by exploring its roots in humanitarian practices of the recent and not so recent past. Understanding the history of humanitarianism as it connects both with the history of human rights and liberal ideals offers an important way of reassessing the role of the nation-state and international institutions in responding to human rights crisis. The article concludes by suggesting that scholars move away from the question of the origin of human rights as an idea to focus on historicizing the response to humanitarian crisis in order to problematize the story of the rise of western-led human rights regimes.     

The Sultan's Domain: British Cyprus' Role in the Redefinition of Property Regimes in the Post-Ottoman Levant

This article argues that property law is the main means through which Britain built its imperial sovereignty on Cyprus and in the post-Ottoman Levant. It charts the development of an official British expertise in Ottoman land legislation following the so-called affair of the Sultan's claims to properties in Cyprus. To settle this matter in the island which they had obtained to ‘occupy’ and ‘administer’ through a treaty with the Sublime Porte, colonial authorities were compelled to become conversant with the 1858 Ottoman Land Code. Hence, the article argues that because of its ambiguous status – a province occupied and administered by Britain but under the nominal suzerainty of the Sultan from 1878 to 1914 – Cyprus, as the first Ottoman territory to pass under direct Western rule, played a decisive role in the elaboration of a colonial knowledge in Ottoman land laws. And this, despite long-standing economic and political ties between Britain and the Ottoman Empire and exposure to other settings where layered land tenure systems prevailed. Published in treatises authored by British administrators of Cyprus, the legal expertise in Ottoman land law thus acquired was then transposed to other territories which passed under British rule, such as Palestine.     

Physical planning in an era of marketization: conflicting governance perspectives in the Swedish Transport Administration

Planning of transport infrastructure in Sweden has undergone successive legislative changes as well as neoliberal corporatization and marketization reforms in recent years, with a general aim to increase efficiency and effectiveness. This paper presents planning practitioners’ experiences of far-reaching marketization of physical planning practice in line with a strategy within the Swedish Transport Administration (STA) to become a ‘Pure Purchaser’. The strategy implies that all practical planning work should be carried out by procured consultants. The paper follows a qualitative, explorative approach based on document studies and interviews with practitioners actively involved in carrying out physical planning of road and rail investments. The concept of ‘modes of governance’ is applied to highlight and analytically interpret differences in perspectives on efficient and effective governance as expressed in the planning legislation, and the STA marketization strategy, respectively. The empirical results make evident that the recent marketization reforms are generally perceived as strongly and negatively affecting the efficiency and effectiveness of planning practices while also circumscribing professional discretion. The study highlights the importance of specific organization and management perspectives as explanatory factors in studying efficiency and effectiveness of planning practices.     

Trajectories for Greening in China: Theory and Practice

This edited volume argues that China's development poses the greatest ever environmental challenge for the modern world in terms of speed, size and scarcity. The volume is organized around the greening of the Chinese state and society: can the inclusion of sustainable development principles into governance, management and daily practices by social actors lead to sustainable development per se? This introduction sketches the different scholarly camps around greening and sustainable development, ranging from sceptical to radical environmentalism. The contributions demonstrate that China is showing clear signs of greening as new institutions and regulations are created, environmental awareness increases and green technologies are implemented. However, the question remains whether this is sufficient to effectuate long‐term sustainable development. The key factors here are the sheer speed of China's economic growth, the size of its population, and the relative scarcity of its natural and mineral resources. Chinese development presents compelling reasons for rethinking the viability of greening. It is necessary to move beyond both alarmist visions of an environmental doomsday, and optimistic notions that incremental changes in technology, institutions and lifestyles are sufficient for sustainability. It might be more fruitful — and not only for China — to consider ‘precautionary’ rather than ‘absolute’ limits to growth.     

Regulating Over-indebtedness: Local State Power in Cambodia's Microfinance Market

Cambodian microfinance borrowers are suffering from an over-indebtedness crisis. In the past 20 years, the Cambodian government has implemented financial reforms that have commercialized the microfinance sector and promoted industry self-regulation. Echoing long-standing concerns about neoliberal microfinance, critics maintain that these reforms have hollowed out the Cambodian state's ability to regulate a highly competitive market, thereby exacerbating the problem of over-indebtedness. In contrast, based upon 20 months of ethnographic research in southern Cambodia by the author, this article argues that the microfinance market would not function without local authorities performing key regulatory roles of the state. These local authorities include commune councillors — elected representatives of multiple villages — who work closely with village leaders and local police. They are the primary state actors who enforce the property rights and loan contracts upon which Cambodia's microfinance market depends. The author analyses how this local state regulation contributes to household indebtedness by encouraging multiple borrowing, rural out-migration and land repossession. The article advances development studies scholarship on over-indebtedness by demonstrating that the inequitable outcomes of neoliberal microfinance can be better understood, and contested, by interrogating the multi-scalar spaces of state regulatory power.     

Prices and Politics in Andean Water Reforms

Water rights are best understood as politically contested and culturally embedded relationships among different social actors. In the Andean region, existing rights of irrigators’ collectives often embody historical struggles over resources, rules, authorities and identities. This article argues, first, that the neo‐liberal language that is increasingly used in water policies is ill‐suited for recognizing and dealing with these social, cultural and political dimensions of water distribution. Local water rules and rights, their dynamics, and the way they are linked to power relations, local identities and contextualized constructions of legitimacy, remain invisible in neo‐liberal policy discourse. Second, this same discourse actively destroys these local rights systems and presents itself as the only viable cure to the problems it generates. The ways in which local irrigators’ collectives attempt to protect their water security raise questions about the fundaments and effects of neo‐liberal water reforms, but these questions are neglected or poorly understood. This article proposes a more situated, layered and contextualized approach to Andean water questions, not just to improve representational accuracy but also to increase political visibility and legitimacy of peasant and indigenous water claims. What is needed is not just a new ‘typology’ or ‘taxonomy’ of water rights, but an alternative ‘water rights ontology’ that understands locally existing norms and water control practices, and the power relations that inform and surround them, as deeply constitutive of water rights.     

Firm agency and global production network dynamics

The Global production networks (GPN) framework has been influential in the analysis of globally coordinated economic arrangements. However, research on GPNs tend to focus on a well-established industries and their existing governance structures with a very little attention to the temporality and changes in these networks and their governance structures. Specifically, despite the central role of ‘lead-firms’ in GPNs, the literature lacks a clear depiction of their competitive and evolutionary trajectory. In response, this paper is concerned with (re)opening the ‘black-box’ of firms and showing how lead-firms’ strategies and practices shape the evolutionary dynamics of GPNs. The paper argues that changing lead firm strategies play a crucial role in shaping the evolution of GPNs, reflecting changes in the industrial and/or business and institutional environments. The paper investigates the Danish, multinational energy company, Ørsted, and discusses the importance of accounting for firm dynamic capabilities, i.e. intra-firm practices and extra-firm (evolutionary) dynamic drivers, in analytical frameworks that analyse GPN dynamics and industries. Lead-firm strategies are shaped by firm-specific capabilities, industry-specific competitive dynamics, and institutions. Accordingly, GPNs’ evolutionary process can be understood as an adapting and/or response mechanism by lead-firms to changes in local and international business as well as multi-scalar institutional environments.