How do political connections shape the use of courts?

Apr 8, 2014 | Current Events, International, Law

Post developed by Katie Brown in coordination with Yuen Yuen Ang.

The fairness of China’s court system made the news this week. Apple supplier Knowles, which makes microphones and hearing-aid pieces for iPhones, asserted it was blocked from testifying in a trial with a rival of Apple. How can we understand this?

Court cases are on the rise in China, with the number of commercial cases growing steadily, second only to civil disputes. The expansion of courts should mean the rise of the rule of law and a more level playing field for firms, right? Not exactly.

Center for Political Studies (CPS) faculty associate, assistant professor of political science, and Center for Chinese Studies faculty associate Yuen Yuen Ang studies this trend. In a recent article, forthcoming in The Journal of Politics, Ang and Nan Jia find that politically connected firms are actually more likely to use courts than non-connected firms. These connected firms are congressional delegates and/or former party-state officials.

Political connections among private firms in China shape not only their access to resources and profitability, but even their willingness to use courts for dispute resolution.

Number of Court Cases by Type over Time

Screen Shot 2014-02-03 at 6.10.30 PM

However, the fact that politically connected firms use courts more may not signal the subversion of law. Besides having access to officeholders (“know who”), politically connected firms also tend to have more knowledge about and confidence in navigating the legal system (“know how”). So do politically connected firms use courts more because of “know who” or “know how?”

By analyzing survey data of over 3,900 private firms in China, Ang and Jia finds that “know who” dominates “know how” in inducing politically connected firms to use courts more.

Findings from the study challenge the assumption in Western-based theories that as law and courts expand, connections will diminish in influence. As the authors write:

“The substitutive view of formal laws and informal networks is premised on the substantial passage of time and absence of a strong authoritarian state in legal development. The edifices of law can be quickly built, but one cannot assume that norms and practices of impartiality will follow, particularly when courts are subordinated to politics by design. In institutional landscapes such as those of China, we can expect a fusion of legality with politics and the informal with the formal.”

Jacobson Lecture’s David Victor talks Global Warming and International Law

Jan 29, 2014 | Foreign Affairs, International, Law

Post developed by Katie Brown.

2013 came in at the fourth hottest on record. Yet,  the Alberta Clipper plummeted the nation’s temperatures this week, a return of the polar vortex that descended earlier this month. These extreme weather patterns have renewed debate over climate change.

Recently, the Center for Political Studies (CPS) featured an expert on national agreements around climate change as part of their Harold Jacobson lecture series. Established in 2002 to honor Jacobson, the Jacobson Lecture is an annual talk by leaders in the fields of  international organization, international law, foreign policy, and the environment.

This year, CPS welcomed David G. Victor, a professor at the School of International Relations and Director of the Law and Regulation Laboratory at the University of California, San Diego. In his talk entitled, “The Global Climate Crisis: Will International Cooperation be Effective?,” Victor outlined a rather dire situation around international law concerning the climate. Despite the current state of affairs, Victor posited that we are at a turning point.

Photo by Eva Menezes/ISR

Photo credit: Eva Menezes

To leverage this turning point effectively, Victor pointed to four key things that can make for more effective international negotiations:

  1. Create flexible “clubs” instead of global treaties. That is, stop thinking about the climate as a global problem. Instead, set up small groups that take direct responsibility for parts of the problem.
  2. Celebrate the lower emissions enabled by technological innovation. These advances are fortuitous and promise to keep helping the situation.
  3. Focus on solidifying and clarifying trade rules.
  4. Seek small steps in the right direction. Or, as Victor describes it, seek “singles and walks, not homers.”

Victor’s conclusion hits notes of optimism. The last twenty years have not worked, he laments. But the system is headed in the right direction. Following the four steps outlined above will help steer us toward more effective, cooperative climate regulation.