The Caribbean Court of Justice: An investigation of the impact of elites on its creation and present structure as it relates to original jurisdiction

The primary focus of this dissertation is to determine the degree to which political, economic, and socio-cultural elites in Jamaica and Trinidad & Tobago influenced the development of the Caribbean Court of Justice's (CCJ) original jurisdiction. As members of the Caribbean Community (CARICOM), both states replaced their protectionist model with open regionalism at the end of the 1980s. Open regionalism was adopted to make CARICOM member states internationally competitive. Open regionalism was also expected to create a stable regional trade environment. To ensure a stable economic environment, a regional court with original jurisdiction was proposed. A six member Preparatory Committee on the Caribbean Court of Justice (PREPCOM), on which Jamaica and Trinidad & Tobago sat, was formed to draft the Agreement Establishing the Caribbean Court of Justice that would govern how the Court would interpret the Revised Treaty of Chaguaramas (RTC) and enforce judgments. ^ Through the use of qualitative research methods, namely elite interviews, document data, and text analysis, and a focus on three levels of analysis, that is, the international, regional, and domestic, three major conclusions are drawn. First, changes in the international economic environment caused Jamaica and Trinidad & Tobago to support the establishment of a regional court. Second, Jamaica had far greater influence on the final structure of the CCJ than Trinidad & Tobago. Third, it was found that in both states the political elite had the greatest influence on the development and structure of the CCJ. The economic elite followed by the socio-cultural elite were found to have a lesser impact. These findings are significant because they account for the impact of elites and elite behavior on institutions in a much-neglected category of states: the developing world.^

The recruitment process of the Shining Path and MRTA guerrilla groups: A political psychological perspective

This thesis is an analysis of the recruitment process of the Shining Path -SP- and Revolutionary Movement “Túpac Amaru” -MRTA- guerrilla groups. Although SP was considered more aggressive, it gained more followers than MRTA. This thesis tries to explain why. Social Revolution Theory and Social Movement Theory provide explanations based on issues of “poverty”, disregarding the specific characteristics of the guerrilla groups and their supporters, as well as the influence of specific persuasive processes between the leaders of the groups and their followers. Integrative complexity theory, on the contrary, provides a consistent method to analyze cognitive processes: because people tend to reject complex and sophisticated explanations that require mental efforts, simplicity was the key for success. To prove which guerrilla group provided a simpler worldview, a sample of official documents of SP and MRTA are compared. Finally, content analysis is applied through the Paragraph Completion Test (P.C.T.). ^

Political corruption in the Caribbean Basin: A comparative analysis of Jamaica and Costa Rica

Political corruption in the Caribbean Basin retards state economic growth and development, undermines government legitimacy, and threatens state security. In spite of recent anti-corruption efforts of intergovernmental and nongovernmental organizations (IGO/NGOs), Caribbean political corruption problems appear to be worsening in the post-Cold War period. This dissertation discovers why IGO/NGO efforts to arrest corruption are failing by investigating the domestic and international causes of political corruption in the Caribbean. The dissertation's theoretical framework centers on an interdisciplinary model of the causes of political corruption built within the rule-oriented constructivist approach to social science. The model first employs a rational choice analysis that broadly explains the varying levels of political corruption found across the region. The constructivist theory of social rules is then used to develop the structural mechanisms that further explain the region's levels of political corruption. The dissertation advances its theory of the causes of political corruption through qualitative disciplined-configurative case studies of political corruption in Jamaica and Costa Rica. The dissertation finds that IGO/NGO sponsored anti-corruption programs are failing because they employ only technical measures (issuing anti-corruption laws and regulations, providing transparency in accounting procedures, improving freedom of the press, establishing electoral reforms, etc.). While these IGO/NGO technical measures are necessary, they are not sufficient to arrest the Caribbean's political corruption problems. This dissertation concludes that to be successful, IGO/NGO anti-corruption programs must also include social measures, e.g., building civil societies and modernizing political cultures, for there to be any hope of lowering political corruption levels and improving Caribbean social conditions. The dissertation also highlights the key role of Caribbean governing elite in constructing the political and economic structures that cause their states' political corruption problems. ^

State legislative term limits and the law of unintended consequences: An examination of member behavior, power structures, and legislative organization in Florida

The implementation of term limits on state legislators has provided a wealth of data for study. Florida, the second largest state in the Union with term limits, has not been comprehensively studied. This research examines the effects of term limits on electoral competition, member composition, legislator career paths, legislative leadership, and intra- and inter-governmental influences on Florida's legislature. This study looks at the Florida legislature from 1992 when term limits were enacted through 2004, three electoral cycles in which term limits have been in effect. This study uses both quantitative and qualitative data where appropriate. Electoral data is used to assess electoral and demographic effects, as well as member career trajectories. Interview data with current and former legislators, lobbyists, and executive branch officials is used to analyze both changes in legislative organization and intra- and inter-governmental influences on the legislative process. Term limits has only created greater competition when a legislative seat opens and has actually created a greater advantage for incumbents. Women and minorities have only made minimal gains in winning seats post-term limits. Newly elected legislators are not political novices with a vast majority having previous elective experience. Leadership is more centralized under term limits and the Senate has gained an advantage over the more inexperienced House. Lastly, the influence of staff, lobbyists, and most importantly, the governor has greatly increased under term limits. This research finds that term limits have not produced the consequences that proponents had envisioned.^

Investigating truth commissions

This thesis examines the use of ad hoc national truth commissions created to address human rights violations committed by repressive regimes. To analyze truth commissions' contributions to human rights protection and democratic transitions, a framework is developed to analyze: (1) the challenges in addressing past violations; and (2) the influence of coercive forces, such as the military, on decision-making regarding these violations. A survey of nineteen commissions and close review of the specific experience in Argentina, El Salvador, and South Africa suggests that governments face daunting challenges in harnessing coercive forces, and consequently past human rights violators are often granted amnesties and pardons. While truth commissions usually signal some commitment to the principles of democratic governance, they may serve primarily to legitimate a successor government and as such may fail to represent a long-term commitment to human rights protection. ^

Political economy of Caribbean drug trafficking: The case of the Dominican Republic

The purpose of this dissertation was to examine the relationship between narcotics trafficking and the processes of economic liberalization and democratization in the Caribbean. The salient social, political and economic processes were explored at each juncture of the drug trafficking chain to determine why certain groups and locales became integrated in the global narcotics economy. It also considered the national security implications of the global narcotics economy. ^ The Global Commodity Chain framework allowed the study to examine the social, political and economic processes that determine how a commodity is produced, transported, distributed and consumed in the global economy. A case study method was used to specify the commodity (cocaine) and locations (U.S. and Dominican Republic) where these processes were examined. ^ The important contributing factors in the study included: a liberalizing global economy, the social processes of migration, the formation of enclaves in the U.S., the opening of the political process and institutional weakness in the country of origin. All of these factors contributed to the Dominican Republic and Dominican migrants becoming key players in the cocaine commodity chain. It concluded that narcotics trafficking as a national security issue remains a fluid concept, contingent on specific cultural and historic antecedents. ^

Essays on the political economy of the Dominican reform process

This dissertation provides an analytical framework to study the political economy of policy reform in the Dominican Republic during the nineties. Based on a country study, I develop two theoretical models that replicate the mechanisms of policy approval in developing countries with weak democracies. The first model considers a pro-reform President who submits a tariff bill to an anti-reform Congress dominated by the opposition party. In between, two opposing lobbies try to get their favored policy approved. Lobbies act as Stackelberg leaders vis a vis a weak President. The behavior of the Congress is determined exogenously while the lobbies act strategically pursuing the approval of the reform bill and indirectly affecting the President's decision. I show that in such a setting external agents like the Press play an important role in the decision-making process of the political actors. ^ The second model presents a similar framework. However, the President, who is a Stackelberg leader, is allowed only two choices, total reform or status-quo. I show how a lobby reacts to an increase in its rival's or its own size. These reactions depend on the President's level of commitment to the reform. Finally, I discuss the effect of variations in the size of the lobbies on the President's choice. The model suitably explains real events that took place in the Dominican Republic in the mid-nineties. ^

Essays on the determinants of private investment: The effects of relative price uncertainty and political instability

The objective of this study was to provide empirical evidence on the effects of relative price uncertainty and political instability on private investment. My effort is expressed in a single-equation model using macroeconomic and socio-political data from eight Latin American countries for the period 1970–1996. Relative price uncertainty is measured by the implied volatility of the exchange rate and political instability is measured by using indicators of social unrest and political violence. ^ I found that, after controlling for other variables, relative price uncertainty and political instability are negatively associated with private investment. Macroeconomic and political stability are key ingredients for the achievement of a strong investment response. This highlights the need to develop the state and build a civil society in which citizens can participate in decision-making and express consent without generating social turmoil. At the same time the government needs to implement structural policies along with relative price adjustments to eliminate excess volatility in price movements in order to provide a stable environment for investment. ^

The advantage of Spanish multinational enterprises in Latin America

Multinational enterprises (MNEs) from Spain made large foreign direct investments (FDIs) in Latin America between 1990 and 2002, making Spain the second largest direct investor in this region since 1998, behind the United States. This dissertation explains the reasons that led Spanish firms to make these FDIs, as well as their operations in Latin America. Seven Spanish MNEs were included in this study, BBVA and SCH (banking), Telefónica (telecommunications), Endesa, Iberdrola and Unión Fenosa (public utilities), and Repsol-YPF (oil and natural gas). Quantitative and qualitative data were used. Data were collected from the firms' annual reports, from their archives and from personal interviews with senior executives, as well as from academic and specialized publications. ^ Results indicate that the large Spanish FDIs in Latin America were highly concentrated in a few firms from five sectors. The FDIs of these firms alone accounted for 70 percent of total Spanish FDI in Latin America in this period. The reasons for these investments were firm-specific and sector specific. A series of institutional conditions existed in Spain between the 1970s and the 1990s that allowed the employees of the firms to develop the knowledge and devise strategies to adjust to that set of conditions. First, the policies of the Spanish state favored the creation of large firms in these sectors, operating under conditions of monopoly sometimes. Secondly, the consumers put pressure on the firms to provide better and cheaper products as the Spanish economy grew and modernized. Thirdly, the employees of the firms had to adjust their services and products to the demands of the consumers and to the constraints of the state and the market. They adjusted the internal organization of the firm to be able to produce the goods and services that the market demanded. Externally, they also adopted patterns of interaction with outside agents and institutions. This patterned behavior was the “corporate culture” of each firm and the “normative framework” in which their employees operated. When the managers of the firms perceived that there were similar conditions in Latin America, they decided to operate there as well by making FDIs. ^

Against small arms: An analysis of an international network

Small Arms and Light Weapons (SALW) proliferation was undertaken by the Non-Governmental Organizations (NGOs) as the next important issue in international relations after the success of the International Campaign to Ban Landmines (ICBL). This dissertation focuses on the reasons why the issue of SALW resulted in an Action Program rather than an international convention. Thus, this result was considered as unsuccessful by the advocates of regulating the illicit trade in SALW. The study provides a social movement theoretical approach, using framing, political opportunity and network analysis to explain why the advocates of regulating the illicit trade in SALW did no succeed in their goals. The UN is taken as the arena in which NGOs, States and International Governmental Organizations (IGOs) discussed the illicit trade in SALW. ^ The findings of the study indicate that the political opportunity for the issue of SALW was not ideal. The network of NGOs, States and IGOs was not strong. The NGOs advocating regulation of SALW were divided over the approach of the issue and were part of different coalitions with differing objectives. Despite initial widespread interest among States, only a couple of States were fully committed to the issue till the end. The regional IGOs approached the issue based on their regional priorities and were less interested in an international covenant. The advocates of regulating illicit trade in SALW attempted to frame SALW as a humanitarian issue rather than as a security issue. Thus they were not able to use frame alignment to convince states to treat SALW as a humanitarian issue. In conclusion it can be said that all three items, framing, political opportunity and the network, play a role in the lack of success of advocates for regulating the illicit trade in SALW. ^

The winds of change? Exploring political effects of Hurricane Andrew

Before dawn on August 24, 1992, Hurricane Andrew smashed into south Florida, particularly southern Dade County, and soon become the costliest natural disaster in U.S. history. Andrew's impacts quickly overwhelmed local and state emergency response capabilities and eventually required major federal assistance, including regular military units. While the social and economic impacts of Hurricane Andrew are relatively well researched, much less attention has been given to its possible political effects. ^ Focusing on incumbent officeholders at three levels (municipal, state legislative, and statewide) who stood for reelection after Hurricane Andrew, this study seeks to determine whether they experienced any political effects from Andrew. That is, this study explores the possible interaction between the famous “incumbency advantage” and an “extreme event,” in this case a natural disaster. The specific foci were (1) campaigns and campaigning (a research process that included 43 personal interviews), and (2) election results before and after the event. ^ Given well-documented response problems, the working hypothesis was that incumbents experienced largely negative political fallout from the disaster. The null hypothesis was that incumbents saw no net political effects, but the reverse hypothesis was also considered: incumbents benefited politically from the event. ^ In the end, this study found that although the election process was physically disrupted, especially in south Dade County, the disaster largely reinforced the incumbency advantage. More specifically, the aftermath of Hurricane Andrew allowed most incumbent officeholders to (1) enhance constituency service, (2) associate themselves with the flow of external assistance, (3) achieve major personal visibility and media coverage, and yet (4) appear non-political or at least above normal politics. Overall, this combination allowed incumbents to very effectively “campaign without campaigning,” a point borne out by post-Andrew election results. ^

The multiple dimensions of political trust in democratic Argentina

Why do Argentines continue to support democracy despite distrusting political institutions and politicians? Support for democracy is high even though performance of the regime is poor. One would suspect that poor economic and political performance would open the door for military intervention given the history of Argentina. What changed? What explains variance across the multiple dimensions of political trust, such as trust in the regime, trust in political institutions, and trust in politicians? This dissertation is a case study of political culture through public opinion exploring the multiple dimensions of political trust in Argentina during the 1990s. ^ Variance across the different dimensions of political trust may be an indicator of the rise of a new type of citizens called "critical citizens." Critical citizens are citizens who criticize the regime to obtain democratic reforms but support the ideals of democracy. In established democracies, the rise of critical citizens is explained by a shift in individuals' value priorities towards postmaterialism. Postmaterialism is a cultural change in the direction of values that emphasize self-realization and individual well-being. Postmaterialism influences various social and political attitudes. ^ Because Argentina is experiencing a cultural change and a rise of critical citizens similar to more advanced societies, the theory of postmaterialism generated the main hypothesis to explain the multiple dimensions of political trust. This dissertation also tested an alternative explanation: the multiple dimensions of political trust responded instead to citizens' evaluations of performance. Ultimately, postmaterialism explained trust in the political regime and trust in the political institutions. Contrary to expectations, postmaterialism did not explain trust in the political elites or politicians. Trust in politicians was better explained by the alternative hypothesis, performance. ^ The main method of research was the statistical method supplemented with the comparative method when data were available. Two main databases were used: the World Values Surveys and the Latinobarometer. ^

The unintended [or intended?] political consequences of electoral systems: The case of Bolivia

The present study was concerned with evaluating one basic institution in Bolivian democracy: its electoral system. The study evaluates the impact of electoral systems on the interaction between presidents and assemblies. It sought to determine whether it is possible to have electoral systems that favor multipartism but can also moderate the likelihood of executive-legislative confrontation by producing the necessary conditions for coalition building. ^ This dissertation utilized the case study method as a methodology. Using the case of Bolivia, the research project studied the variations in executive-legislative relations and political outcomes from 1985 to the present through a model of executive-legislative relations that provided a typology of presidents and assemblies based on the strategies available to them to bargain with each other for support. A complementary model that evaluated the state of their inter-institutional interaction was also employed. ^ Results indicated that executive-legislative relations are profoundly influenced by the choice of the electoral system. Similarly, the project showed that although the Bolivian mixed system for legislative elections, and executive formula favor multipartism, these electoral systems do not necessarily engender executive-legislative confrontation in Bolivia. This was mainly due to the congressional election of the president, and the formulas utilized to translate the popular vote into legislative seats. However, the study found that the electoral system has also allowed for anti-systemic forces to emerge and gain political space both within and outside of political institutions. ^ The study found that government coalitions in Bolivia that are promoted by the system of congressional election of the president and the D'Hondt system to allocate legislative seats have helped ameliorate one of the typical problems of presidential systems in Latin America: the presence of a minority government that is blocked in its capacity to govern. This study was limited to evaluating the impact of the electoral system, as the independent variable, on executive-legislative interaction. However, the project revealed a need for more theoretical and empirical work on executive-legislative bargaining models in order to understand how institutional reforms can have an impact on the incentives of presidents and legislators to form coherent coalitions. ^

The political economy of poverty alleviation strategies. The initiative for heavily indebted poor countries in Bolivia: More of the same

In the year 2000, approximately 1.1 billion people lived in extreme poverty while developed countries spent US$600 billion a year on defense. The Heavily Indebted Poor Countries (HIPC) Initiative is a recent component of a larger poverty reduction strategy supported by the International Financial Institutions, as well as many developed and developing countries. By implementing lessons of the past fifty years, this program attempts to diminish misery around the globe. As such, it provides debt relief while seeking to enable the poorest countries to simultaneously attain sustainable debt and promote human development. Interest in poverty reduction around the globe reemerged in the 1990s. This study contributes directly to this recent effort by presenting a nuanced approach that builds on the stepping-stones generated by other poverty scholars. To fulfill its goal, this investigation applies a political economy framework. Within this framework, the author conducts an actor-specific analysis. This dissertation addresses the following question: How do domestic and international actors respond to the implementation of poverty alleviation strategies? The author assumes actors desire to maximize their utility calculation and suggests these calculations are based on the player's motivations and external influences. Based on their motivations, the external influences, and the initiative's guidelines, each actor develops a set of expectations. To fulfill those expectations, stake holders utilize one or several strategies. Finally, the actors' ability to achieve their expectations determines each player's assessment of the initiative. The framework described is applied in an in-depth, actor-specific analysis of the HIPC in Bolivia. Bolivia's National Revolution represents the country's first attempt at reducing poverty. Since then, all governments have taken specific steps to combat poverty at the local and national levels. The Initiative for Heavily Indebted Poor Countries (HIPC) is one of the most recent macro strategies of this kind. The case study demonstrated that three factors (national ownership, effective sponsorship and the local context) determine the success levels of poverty reduction strategies from abroad. In addition, the investigation clearly shows that poverty reduction is not the sole motivation in the implementation of poverty alleviation strategies. All actors, however, share the dream of poverty reduction.

Assessing administrative and political factors in implementing a living wage ordinance

Since 2000, the number of living wage ordinances has steadily increased throughout the country. While most of the current research has focused on the beneficial outcomes of living wages, little has been published on their administrative practices. To address this shortcoming, this study focused on the identification of key administrative and political factors involved impacting the implementation of living wage ordinances in Miami-Dade and Broward Counties. The study utilized a triangulation of interviews, surveys, and direct observation. The author conducted interviews of administrators and members of the living wage oversight boards in both counties and observed the monthly meetings held by each county's oversight board from January 2006 to June 2007. These findings were buttressed with a national survey of senior staff in other living wage communities. The study utilized descriptive statistics, Chi Square, Cronbach's Alpha, and Spearman's Rank Correlation Coefficient (Spearman's rho). Interviews indicated that administrators in Dade and Broward are seriously under-staffed and budgeted. Ambiguities in the enabling ordinances have lead to loopholes that undermine implementation and accountability for participating contractors. Survey results showed that policy ambiguity, organizational politics, and a lack of organizational capacity were significant negative factors in the implementation process while an organizational culture emphasizing consistent enforcement was a positive factor. Without the proper inputs, an organization hinders itself from meeting its outputs and outcomes. This study finds that Broward and Miami-Dade Counties do not provide the necessary administrative support to implement a living wage effectively – in stark contrast to the high hopes and strong political support behind their passage. For a living wage to succeed, it first needs an organizational culture committed to providing the necessary resources for implementation as well as transparent, consistent accountability mechanisms.