Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

Promoting Domestic Reforms Through Regionalism

Promoting Domestic Reforms Through Regionalism

Author(s): Anne McNaughton

There is a strong presumption among economists that domestic reforms are promoted by regionalism. Yet strong empirical evidence for this proposition is lacking. This paper examines both the theoretical arguments and empirical evidence on this issue, drawing on the relevant economic, political, and legal literature. The authors argue that in general, the case for reciprocity in domestic reforms is weak. In the one case where a regional agreement appears to have promoted domestic reform - the European Union (EU) - the enforcement mechanisms used by the European Court of Justice played a significant role. But those mechanisms are not unique. Instead, the authors argue that the EU’s success was because domestic constituents were empowered to take action against uncompetitive regulation. Thus the EU promoted economic reform in sensitive, behind-the-border areas because it overcame the problem of loss of sovereignty by internalizing the political battle to domestic interests, and yet still provided a non-political frame of reference for the debate.

Read on SSRN

Centre: CCL, CIPL

Research theme: Law, Governance and Development

At the Intersection of International and Municipal Law

At the Intersection of International and Municipal Law: The Case of Commissioner Cole and the Wheat Export Authority

Author(s): Anne McNaughton

The global economy is becoming increasingly integrated thanks to developments in technology, the reduction of trade barriers and the increase in direct foreign investment, particularly in developing states. Law, in the broadest sense of that term, has not integrated in the same way. This is, in our view, demonstrated starkly by the Oil-for-Food scandal. The transference of obligation from international to domestic legal systems has been settled for a long time. Ascertaining at what level responsibility attaches for monitoring compliance, investigating cases of apparent non-compliance and, where necessary, imposing sanctions remains unsettled, as this case study demonstrates.

Read on SSRN

Centre: CCL, CIPL

Research theme: Law, Governance and Development

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