'Mining money': science, legal technologies & working the borderlands of global finance

This paper explores the roles of science and market devices in the commodification of ‘nature’ and the configuration of flows of speculative capital. It focuses on mineral prospecting and the market for shares in ‘junior’ mining companies. In recent years these companies have expanded the reach of their exploration activities overseas, taking advantage of innovations in exploration methodologies and the liberalisation of fiscal and property regimes in ‘emerging’ mineral rich developing countries. Recent literature has explored how the reconfiguration of notions of ‘risk’ has structured the uneven distribution of rents. It is increasingly evident that neoliberal framing of environmental, political, social and economic risks has set in motion overflows that multinational mining capital had not bargained for (e.g. nationalisation, violence and political resistance). However, the role of ‘geological risk’ in animating flows of mining finance is often assumed as a ‘technical’ given. Yet geological knowledge claims, translated locally, designed to travel globally, assemble heterogeneous elements within distanciated regimes of metrology, valuation and commodity production. This paper explores how knowledge of nature is enrolled within systems of property relations, focusing on the genealogy of the knowledge practices that animate contemporary circuits of speculative mining finance. It argues that the financing of mineral prospecting mobilises pragmatic and situated forms of knowledge rather than actuarially driven calculations that promise predictability. A Canadian public enquiry struck in the wake of scandal associated with Bre-X’s prospecting activities in Indonesia is used to glean insights into the ways in which the construction of a system of public warrant to underpin financial speculation is predicated upon particular subjectivities and the outworking of everyday practices and struggles over ‘value’. Reflection on practical investments in processes of standardisation, rituals of verification and systems of accreditation reveal much about how the materiality of things shape the ways in which regional and global financial circuits are integrated, selectively transforming existing social relations and forms of knowledge production.

Missions and Institutions: Henri-Philippe Junod, Anthropology, Human Rights and Academia between Africa and Switzerland, 1921–1966

Drawing on a cultural, transnational and genealogical approach, this article studies the work of a Swiss missionary, Henri-Philippe Junod, between Europe and Africa. It tries not to look at what he brought to Africa, or brought back from Africa, but to see how his back-and-forth movement contributed to the formation of new ideas and institutions globally. The article looks at Junod’s contribution in three domains in particular, namely anthropology, human rights worldwide, and African studies in Switzerland.

Direct Democracy and Regional Integration::Citizens' Perceptions of Treaty Implications and the Irish Reversal on Lisbon

Analyses of voting in European Union referendums typically distinguish between ‘second-order’ effects and the impact of substantive ‘issues’. In order to explain change in referendum outcome, two types of substantive issues are distinguished in this article. Focusing on Irish voting in the Lisbon Treaty referendums and using data from post-referendum surveys, it is found that perceptions of treaty implications outperform underlying attitudes to EU integration in predicting vote choice at both referendums, and perceptions of treaty implications are strong predictors of vote change between the referendums. The findings have broadly positive implications for normative assessments of the usefulness of direct democracy as a tool for legitimising regional integration advance.

Europeanization of Inequality and Europeanization of Reference Groups

In this article we take advantage of the availability of European Union Statistics on Income and Living Conditions (EU-SILC) data to address both weak and strong versions of the Europeanization of reference groups thesis. The former proposes that common standards of evaluation emerge as a consequence of knowledge of conditions in other societies. The latter argues that people increasingly perceive themselves as part of a larger European stratification system. Our analysis leads us to reject both versions of the thesis. Material deprivation rather than having a uniform effect is highly dependent on national context. If a process of convergence is underway, it is one that as yet has had a limited impact. In circumstances where the Europeanization of inequality is raising issues relating to both national and transnational forms of legitimacy, it is important to understand that there is no necessary relationship between such Europeanization and the Europeanization of reference groups.

SOCIAL-CLASS, CLASS ORIGINS AND POLITICAL PARTISANSHIP IN THE REPUBLIC-OF-IRELAND

As Laver (1992) notes, people who write about Irish politics frequently describe Ireland as a rather peculiar place. One aspect of this peculiarity is that voters in the Republic of Ireland do not behave like their European counterparts. In particular, Irish voting patterns appear to be only weakly structured by social class. Recent contributions to the debate employing a more sophisticated categorisation of classes have led to some qualification of the 'politics without social bases' description, but still lead to the broad conclusion that any relationship which does exist between social divisions, on the one hand, and party preference, on the other, is, at most, quite marginal. In this paper we draw on data from the 1990 European Values Study to re-examine this issue. We apply a variety of models to the data, including logit regression and diagonal reference models (Sobel 1981, 1984) to explore the complex fashion in which class and political preferences are related in Ireland. We argue that the relationship between such preferences and social divisions are, in fact, greater than has been hitherto thought. In particular, we show the importance of taking into account not only social class but also class origins and class mobility in understanding the nature of political partisanship in the Republic of Ireland.

Government Laws, Regulations and Policies: Small Fish in a Big Pond

Global development has, in recent years, been shaped by the rise of transnational capital. This has implications for the quality and effectiveness of those national laws, regulations and policies in place to monitor transnational capital, ensure that multi national organisations assume responsibility and hold them accountable should they fail to do so. In balancing these objectives, contrasting issues come to the fore, such as the fear of capital flight; an issue especially profound in small open economies where the balance may tip in the favour of retaining, as opposed to regulating, foreign capital.
This paper can be considered in three parts. First, the paper addresses the shift in global leadership from national governments to multinational corporations (with particular reference to the rise of the Transnational Capitalist Class). This shift will incorporate the connotations of the Third Way. In considering this ideology, it will propose the Third Way as a transition phase to a stage when government is more the “third wheel” than an equal partner in governance structures. Second, the implications of the changing nature of governance on the capacity of nation states to develop effective laws, regulations and policies is discussed which leads on to the third aspect of the paper which identifies the challenges for governments, business and society in reimagining the governance structure pertaining to law, regulation and policy and the need to reconsider existing structures in light of global shifts in power structures.
A new leadership structure, both within the national and international governance system has far reaching implications. Boundary constraints no longer an issue, the potential for equality and global democracy is huge. Instead, a post recessionary world faces new governance challenges in the shape of; legitimacy; accountability and responsibility. Capitalism has invaded government and the primary challenge will be in avoiding the same issues that have dogged our financial markets for the last number of years. The challenge then to laws, regulations and public policy is huge, especially considering that the governments regulating are smaller than those dictating agenda on a global level

Employer occupation of regulatory space of the Employee Information and Consultation (I&C) Directive in liberal market economies

This article shows how both employers and the state have influenced macro-level processes and structures concerning the content and transposition of the European Union (EU) Employee Information and Consultation (I&C) Directive. It argues that the processes of regulation occupied by employers reinforce a voluntarism which marginalizes rather than shares decision-making power with workers. The contribution advances the conceptual lens of ‘regulatory space’ by building on Lukes’ multiple faces of power to better understand how employment regulation is determined across transnational, national and enterprise levels. The research proposes an integrated analytical framework on which ‘occupancy’ of regulatory space can be evaluated in comparative national contexts.

Linking Parliamentary Records through Metatdata

The LIPARM schema links the parliamentary record together for the first time by creating a unified metadata scheme for all of its key elements. People, bills, acts, items of business, debates, divisions and sessions will all be described by the scheme and will be linked together across resources which are currently spread out and isolated. For the first time, it will be possible to trace a given MP’s entire voting record or to find every speech they made. It will be possible to follow the passage of every bill or act, and every contribution to the debates that accompany it. Both the historical and the contemporary record of parliamentary proceedings will become accessible in this way for the first time.

A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation

This paper presents and investigates the foreign state compulsion as a defence in transnational antitrust cases. It takes a comparative approach by looking at the doctrine and its developments in the United States and in the European Union. To illustrate the relevance of the defence and the difficulties of its applicability, this paper analyses the new antitrust case law emerging in the US involving Chinese export cartels. It is argued that at present the standard required to prove compulsion is too high to serve its function.

Avoidance Techniques: State Related Defences in International Antitrust Cases

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges.

This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises

Brian Simpson's Reflections on 'The Concept of Law':An Introduction to the Symposium

This is an introduction to a symposium on Brian Simpson's posthumously published boo, Reflections on 'The Concept of Law' held at Nottingham University in FebruaRY 2012.