Foreign Military Intervention and Democratization: a Comparative

Total Page:16

File Type:pdf, Size:1020Kb

Foreign Military Intervention and Democratization: a Comparative Foreign Military Intervention and Democratization: A Comparative Analysis of Germany, Japan, Italy and South Korea A Dissertation Submitted to the Graduate School of the University of Cincinnati in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Ph.D.) in the Department of Political Science of the College of Arts and Sciences by Edmond Cata M.A. University of Nebraska-Lincoln, Nebraska, 2002 B.A. University of Tirana, Albania, 1997 2012 Committee Chair: Dr. Dinshaw J. Mistry, Ph.D. Abstract This dissertation examines the relationship between foreign military intervention and democratization. It focuses on the conditions that contribute to the democratization of the occupied countries and looks at the cases of Germany, Italy, Japan and South Korea. These countries are similar in that they all experienced military foreign intervention, have been non- democratic regimes prior to military intervention and became democracies after the intervention. The analysis aims to shed light on what conditions were conducive or not to the democratization of Germany, Japan, and Italy and South Korea. Using the inductive research method and secondary data analysis this work finds that while military intervention in Germany, Italy, Japan and South Korea was an important factor in deposing non-democratic regimes, it was not the only important and conducive condition to democratization. While the goals, policies and commitment of the occupying power were important to democratization, the changes in political culture of the occupied elites and population and the character of security environment were also two other important conditions. The comparative analysis shows that when the goals, policies and commitment of the occupying force were oriented toward democratization, when the occupied elites and population moved toward a political culture displaying democratic patterns and behavior, and when the security environment was not characterized by wars or where the security threat was high but addressed by the external power, these conditions were both conducive for and contributed to democratization. The analysis finds these conditions in the cases of Germany, Japan and Italy but not in South Korea. The absence of such conditions in the case of South Korea may explain why South Korea did not democratize under the US military occupation and when it occurred, it took more than four decades. ii Copyright @ 2012 Edmond Cata iii Acknowledgements Writing of this dissertation would not have possible without the support of a number of people to whom I feel deeply indebt and thankful. The seeds of this dissertation were sown in one of the classes that I took with Professor Richard J. Harknett. The paper I wrote for his class helped me lay the foundations of my research. The discussion on political culture originates in one of the classes I took with Professor Laura D. Jenkins. The discussions in her course helped me clarify a number of issues linked to it. I owe the progress and completion of dissertation work to Professor Dinshaw J. Mistry. During the 2 years of work, Professor Mistry helped me with his guidance, patience, and readiness to respond to any question I had regardless of our communication in distance. I thank Professor Mistry for helping me go through various issues and refinements that made my dissertation work better. I‘m also grateful to Barbara A. Bardes and Joel D. Wolfe. The start of my dissertation would not have been possible without their support. I thank them for standing by me and giving me strength in the most difficult moments of my life. I will always be grateful and indebt to Sara and Velesin Peculi, Vjollca and Agim Medja, Nexhmije Cata, Mimoza and Agim Halilaj, Fatmir and Lavdije Berberi, Sokrat and Persefoni Hoda, Kaliopi and Vladimir Pulaj, and Ervin Medja. They showed up and supported me in the most difficult moments of my life, helped me cope with difficult times and gave me courage when I was about to loose it, believed in me and invested time and money to enable me to finish my doctoral studies. Without them I would not have completed my doctoral studies A special person I owe the completion of this dissertation is my mother Sakije. During all those long days and nights of work she was always there for me, doing everything that allowed me to focus on my work. My concerns became hers! My joy became her joy! This dissertation is hers as much as it is mine! My thanks also extend to Kathleen Imholz and Lauren Ashley Matus for their help in refining my style of expression in English. The last person I want to thank is Prunela for the support and courage she had given to me since 2010 on my way toward finishing both my dissertation work and doctoral studies. iv Table of Contents Abstract ………………………………………………………………………………………….. ii Acknowledgements ……………………………………………………………………............... iv List of Tables ………………………………………………………………………………….. xii List of Figures …………………………………………………………………………………. xiv Chapter One-Introduction ……………………………………………………………………….. 1 1.1 Why Study this Topic ……………………………………………………………….. 2 1.2 Literature Review and the Study of Democratization ……………………………… 3 1.3 Three Groups in the Debate …………………………………………………………. 6 1.3.1 Skeptics ………………………………………………………………….. 6 1.3.2 Optimists ……………………………………………………………….. 9 1.3.3 Middle Ground Scholars ……………………………………………… 10 1.4 Cases and Method ………………………………………………………………….. 14 1.5 The Organization of the Study and Some Findings ……………………………….. 15 Chapter Two-The Theory of Democratization ………………………………………………... 20 2.1 Intervention and Democratization ………………………………………………… 20 2.1.1 Intervention Goals ………………………………………………………. 20 2.1.2 Occupation Policies ……………………………………………………… 23 2.1.3 Intervener‘s Commitment ………………………………………………. 27 2.2 The Security Environment and Democratization ………………………………… 32 2.2.1 Internal Security ………………………………………………………… 33 2.2.2 External Security ………………………………………………………… 36 v 2.3 Political Culture and Democratization …………………………………………….. 41 2.3.1 Values and Beliefs ……………………………………………………….. 41 2.3.2 Behavior and Attitudes …………………………………………………... 42 2.3.3 Political Participation …………………………………………………… 43 2.3.4 Civil Society ……………………………………………………………... 44 2.3.5 Institutional Culture and Patterns ……………………………………….. 45 2.3.6 Social Change ……………………………………………………………. 46 2.3.7 Direction of Change ……………………………………………………… 47 2.4 Dependent Variable Democratization ……………………………………………… 48 2.4.1 Pace of Democratization ……………………………………………….... 49 2.4.2 Character of New Regime ……………………………………………….. 51 2.5 Independent Variable Foreign Intervention ……………………………………….. 59 2.5.1 Intervention Goals ……..…………………………………………………. 60 2.5.2 Occupation Policies ……………………………………………………… 61 2.5.3 Intervener‘s Commitment ………………………………….................... 62 2.6 Independent Variable Political Culture ……………………………………………. 65 2.6.1 Values and Beliefs ………………………………………....................... 66 2.6.2 Behavior and Attitudes …………………………………………………... 68 2.6.3 Political Participation ……………………………………………………. 69 2.6.4 Civil Society ……………………………………………………………… 71 2.6.5 Institutional Culture and Patterns ………………………………………… 72 2.6.6 Attitude toward Social Change ………………………………………….. 73 2.7 Independent Variable Security Environment ……………………………………… 74 vi 2.7.1 Internal Security Environment …...………………………………………. 75 2.7.1.1 Ethno-Religious Structure ………………………........................ 75 2.7.1.2 Legitimacy of Authority ………………………........................ 76 2.7.1.3 Power Structure and Exercise …………………....................... 76 2.7.1.4 Rights and Liberties …………………………………………… 77 2.7.2 External Security Environment ………………………………………….. 77 2.7.2.1 National Interests ………………………………………………. 78 2.7.2.2 Foreign Policy ………………………………………………….. 78 2.7.2.3 View on Sources of Security and Stability ……....................... 79 2.7.2.4 Management of Neighborly Relations …………………………. 80 2.8 Interaction among Independent Variables …..…………………………………….. 81 2.8.1 Interaction between Military Occupation and Security Environment …… 81 2.8.2 Interaction between Military Occupation and Political Culture ………… 85 2.9 Looking Ahead ……………………………………………………………………. 88 Chapter Three-Germany …………………………………………………………………….... 90 3.0 Introduction ……………………………………………………………………….. 90 3.1 The Allied Occupation of Post-1945 Germany …………………………………… 91 3.1.1 Occupation Goals ……………………………………………………….. 93 3.1.2 Occupation Policies …………………………………………………….. 96 3.1.3 Occupation Commitment ……………………………………………..... 111 3.2 Political Culture Dynamics in Post-1945 Germany ……………………………... 117 3.2.1 Values and Beliefs …………………………………………………….. 117 3.2.2 Attitudes and Behavior ………………………………………………... 123 vii 3.2.3 Institutional Culture and Patterns ……………………………………….. 129 3.2.4 Political Participation …………………………………………………… 132 3.2.5 Civil Society …………………………………………………………….. 137 3.2.6 Attitude toward Change ………………………………………………… 140 3.3 Security Environment and Post-1945 Germany ………………………………….. 141 3.3.1 Internal Security Environment ………………………………………….. 141 3.3.2 External Security Environment ……………………………………….... 142 3.3.2.1 Conceptualization of National Interests …………………….... 143 3.3.2.2 The Character of Foreign Policy ……………………………… 146 3.3.2.3 View of Sources of Security and Stability ………………….... 151 3.3.2.4 Management of Neighbor Relations ………………………….. 154 3.4 Conclusion ……………………………………………………………………….. 158 Chapter Four-Japan …………………………………………………………………………… 160 4.0 Introduction ……………………………………………………………………….. 160 4.1 The Allied Occupation of Post-1945 Japan ……………………………………..... 162 4.1.1 Occupation Goals ……………………………………………………….
Recommended publications
  • Japan Between the Wars
    JAPAN BETWEEN THE WARS The Meiji era was not followed by as neat and logical a periodi- zation. The Emperor Meiji (his era name was conflated with his person posthumously) symbolized the changes of his period so perfectly that at his death in July 1912 there was a clear sense that an era had come to an end. His successor, who was assigned the era name Taisho¯ (Great Righteousness), was never well, and demonstrated such embarrassing indications of mental illness that his son Hirohito succeeded him as regent in 1922 and re- mained in that office until his father’s death in 1926, when the era name was changed to Sho¯wa. The 1920s are often referred to as the “Taisho¯ period,” but the Taisho¯ emperor was in nominal charge only until 1922; he was unimportant in life and his death was irrelevant. Far better, then, to consider the quarter century between the Russo-Japanese War and the outbreak of the Manchurian Incident of 1931 as the next era of modern Japanese history. There is overlap at both ends, with Meiji and with the resur- gence of the military, but the years in question mark important developments in every aspect of Japanese life. They are also years of irony and paradox. Japan achieved success in joining the Great Powers and reached imperial status just as the territo- rial grabs that distinguished nineteenth-century imperialism came to an end, and its image changed with dramatic swiftness from that of newly founded empire to stubborn advocate of imperial privilege. Its military and naval might approached world standards just as those standards were about to change, and not long before the disaster of World War I produced revul- sion from armament and substituted enthusiasm for arms limi- tations.
    [Show full text]
  • French Journal of Japanese Studies, 4 | 2015, « Japan and Colonization » [En Ligne], Mis En Ligne Le 01 Janvier 2015, Consulté Le 08 Juillet 2021
    Cipango - French Journal of Japanese Studies English Selection 4 | 2015 Japan and Colonization Édition électronique URL : https://journals.openedition.org/cjs/949 DOI : 10.4000/cjs.949 ISSN : 2268-1744 Éditeur INALCO Référence électronique Cipango - French Journal of Japanese Studies, 4 | 2015, « Japan and Colonization » [En ligne], mis en ligne le 01 janvier 2015, consulté le 08 juillet 2021. URL : https://journals.openedition.org/cjs/949 ; DOI : https://doi.org/10.4000/cjs.949 Ce document a été généré automatiquement le 8 juillet 2021. Cipango - French Journal of Japanese Studies is licensed under a Creative Commons Attribution 4.0 International License. 1 SOMMAIRE Introduction Arnaud Nanta and Laurent Nespoulous Manchuria and the “Far Eastern Question”, 1880‑1910 Michel Vié The Beginnings of Japan’s Economic Hold over Colonial Korea, 1900-1919 Alexandre Roy Criticising Colonialism in pre‑1945 Japan Pierre‑François Souyri The History Textbook Controversy in Japan and South Korea Samuel Guex Imperialist vs Rogue. Japan, North Korea and the Colonial Issue since 1945 Adrien Carbonnet Cipango - French Journal of Japanese Studies, 4 | 2015 2 Introduction Arnaud Nanta and Laurent Nespoulous 1 Over one hundred years have now passed since the Kingdom of Korea was annexed by Japan in 1910. It was inevitable, then, that 2010 would be an important year for scholarship on the Japanese colonisation of Korea. In response to this momentous anniversary, Cipango – Cahiers d’études japonaises launched a call for papers on the subject of Japan’s colonial past in the spring of 2009. 2 Why colonisation in general and not specifically relating to Korea? Because it seemed logical to the journal’s editors that Korea would be the focus of increased attention from specialists of East Asia, at the risk of potentially forgetting the longer—and more obscure—timeline of the colonisation process.
    [Show full text]
  • Austria's Failed Denazification
    Student Publications Student Scholarship Spring 2020 The Silent Reich: Austria’s Failed Denazification Henry F. Goodson Gettysburg College Follow this and additional works at: https://cupola.gettysburg.edu/student_scholarship Part of the European History Commons, and the Holocaust and Genocide Studies Commons Share feedback about the accessibility of this item. Recommended Citation Goodson, Henry F., "The Silent Reich: Austria’s Failed Denazification" (2020). Student Publications. 839. https://cupola.gettysburg.edu/student_scholarship/839 This open access student research paper is brought to you by The Cupola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The Cupola. For more information, please contact [email protected]. The Silent Reich: Austria’s Failed Denazification Abstract Between 1945 and 1956, the Second Austrian Republic failed to address the large number of former Austrian Nazis. Due to Cold War tensions, the United States, Britain, and France helped to downplay Austria’s cooperation with the Nazi Reich in order to secure the state against the Soviets. In an effort to stall the spread of socialism, former fascists were even recruited by Western intelligence services to help inform on the activities of socialists and communists within Austria. Furthermore, the Austrian people were a deeply conservative society, which often supported many of the far-right’s positions, as can be seen throughout contemporary Austrian newspaper articles and editorials. Antisemitism, belief in the superiority of Austro-Germanic culture, disdain for immigrants, and desire for national sovereignty were all widely present in Austrian society before, during, and after the Nazi period. These cultural beliefs, combined with neglect from the Western powers, integrated the far-right into the political decision-making process.
    [Show full text]
  • The Development and Character of the Nazi Political Machine, 1928-1930, and the Isdap Electoral Breakthrough
    Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1976 The evelopmeD nt and Character of the Nazi Political Machine, 1928-1930, and the Nsdap Electoral Breakthrough. Thomas Wiles Arafe Jr Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Arafe, Thomas Wiles Jr, "The eD velopment and Character of the Nazi Political Machine, 1928-1930, and the Nsdap Electoral Breakthrough." (1976). LSU Historical Dissertations and Theses. 2909. https://digitalcommons.lsu.edu/gradschool_disstheses/2909 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. « The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1.The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing pega(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image.
    [Show full text]
  • Growing Democracy in Japan: the Parliamentary Cabinet System Since 1868
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Kentucky University of Kentucky UKnowledge Asian Studies Race, Ethnicity, and Post-Colonial Studies 5-15-2014 Growing Democracy in Japan: The Parliamentary Cabinet System since 1868 Brian Woodall Georgia Institute of Technology Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Woodall, Brian, "Growing Democracy in Japan: The Parliamentary Cabinet System since 1868" (2014). Asian Studies. 4. https://uknowledge.uky.edu/upk_asian_studies/4 Growing Democracy in Japan Growing Democracy in Japan The Parliamentary Cabinet System since 1868 Brian Woodall Due to variations in the technical specifications of different electronic reading devices, some elements of this ebook may not appear as they do in the print edition. Readers are encouraged to experiment with user settings for optimum results. Copyright © 2014 by The University Press of Kentucky Scholarly publisher for the Commonwealth, serving Bellarmine University, Berea College, Centre College of Kentucky, Eastern Kentucky University, The Filson Historical Society, Georgetown College, Kentucky Historical Society, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Transylvania University, University of Kentucky, University of Louisville, and Western Kentucky University. All rights reserved. Editorial and Sales Offices: The University Press of Kentucky 663 South Limestone Street, Lexington, Kentucky 40508-4008 www.kentuckypress.com Library of Congress Cataloging-in-Publication Data Woodall, Brian.
    [Show full text]
  • Article 9 in the Post-Sunakawa World: Continuity and Deterrence Within a Transforming Global Context
    Washington International Law Journal Volume 26 Number 1 Special Issue on the Japanese Constitution 1-1-2017 Article 9 in the Post-Sunakawa World: Continuity and Deterrence Within a Transforming Global Context John O. Haley University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Military, War, and Peace Commons Recommended Citation John O. Haley, Article 9 in the Post-Sunakawa World: Continuity and Deterrence Within a Transforming Global Context, 26 Wash. L. Rev. 1 (2017). Available at: https://digitalcommons.law.uw.edu/wilj/vol26/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association ARTICLE 9 IN THE POST-SUNAKAWA WORLD: CONTINUITY AND DETERRENCE WITHIN A TRANSFORMING GLOBAL CONTEXT John O. Haley∗ Abstract: The 1959 Supreme Court Grand Bench (en banc) decision in Sakata v. Japan1 (the Sunakawa case) was the first Supreme Court decision on Article 9 and the constitutionality of Japan's defense policies. In the precedent-setting decision, all fifteen justices endorsed the view that under Article 9 Japan retained a fundamental right of self-defense and could enter into treaties for mutual security. In the absence of an apparent or "clear" violation, the courts, Sunakawa held, must defer to the judgment of the political branches on the issue of constitutionality.
    [Show full text]
  • The New Order of Hitler: Virtual History, Fiction and Myth
    DEBATER A EUROPA Periódico do CIEDA e do CEIS20 , em parceria com GPE e a RCE. N.13 julho/dezembro 2015 – Semestral ISSN 1647-6336 Disponível em: http://www.europe-direct-aveiro.aeva.eu/debatereuropa/ The New Order of Hitler: Virtual History, Fiction and Myth Sérgio Neto Researcher of CEIS20, University of Coimbra E-mail: [email protected] Abstract At the intersection of counterfactual Historiography and literary fantasy, the triumph of the Axis powers in World War II has been one of the main issues. The resurgence of a hypothetical IV Reich also results extensive. Similarly, cinema has not failed to go over the old question of “if”. This article intent to analyse some virtual literature and historical works of reference about the New European Order in order to discuss possible inspiration that science awoke this genre and concepts revolving around the revisionism and determinism. Keywords: New European Order; Counterfactuals; Dystopia; Historiography; Fantasy When the German army completed the conquest of Poland in September 1939 the New European Order began to take shape. The euphemistic name of that brutal military occupation was in fact more incisive than the name given to the Japanese occupied areas: Greater East Asia Co-Prosperity Sphere 1. But, the main issue was if Hitler’s projects achieved in a few years the degree of dehumanization promised by the propaganda with the so called Reich of a Thousand Years. Based on the assumptions outlined by Mein Kampf , as well as the improvisations made during the course of the war, the dreams and fantasies of world domination were analysed not only by the historiography, but widely widespread by the alternate story genre.
    [Show full text]
  • Guides to German Records Microfilmed at Alexandria, Va
    GUIDES TO GERMAN RECORDS MICROFILMED AT ALEXANDRIA, VA. No. 32. Records of the Reich Leader of the SS and Chief of the German Police (Part I) The National Archives National Archives and Records Service General Services Administration Washington: 1961 This finding aid has been prepared by the National Archives as part of its program of facilitating the use of records in its custody. The microfilm described in this guide may be consulted at the National Archives, where it is identified as RG 242, Microfilm Publication T175. To order microfilm, write to the Publications Sales Branch (NEPS), National Archives and Records Service (GSA), Washington, DC 20408. Some of the papers reproduced on the microfilm referred to in this and other guides of the same series may have been of private origin. The fact of their seizure is not believed to divest their original owners of any literary property rights in them. Anyone, therefore, who publishes them in whole or in part without permission of their authors may be held liable for infringement of such literary property rights. Library of Congress Catalog Card No. 58-9982 AMERICA! HISTORICAL ASSOCIATION COMMITTEE fOR THE STUDY OP WAR DOCUMENTS GUIDES TO GERMAN RECOBDS MICROFILMED AT ALEXAM)RIA, VA. No* 32» Records of the Reich Leader of the SS aad Chief of the German Police (HeiehsMhrer SS und Chef der Deutschen Polizei) 1) THE AMERICAN HISTORICAL ASSOCIATION (AHA) COMMITTEE FOR THE STUDY OF WAE DOCUMENTS GUIDES TO GERMAN RECORDS MICROFILMED AT ALEXANDRIA, VA* This is part of a series of Guides prepared
    [Show full text]
  • Das Reichsstudentenwerk Sozialbetreuung Von Studierenden Im Nationalsozialismus Eine Historische Studie Von Dr
    Das Reichsstudentenwerk Sozialbetreuung von Studierenden im Nationalsozialismus Eine historische Studie von Dr. Christian Schölzel im Auftrag des Deutschen Studentenwerks 6 5 0 1 / 1 0 9 4 R n i l r e B . h c r A B Vorworte n n a m l e h c s r e H y a K : s o t Prof. Dr. Rolf-Dieter Postlep, Präsident Achim Meyer auf der Heyde, Generalsekretär o F Im Jahr 1921 – eine Zeit, in der die Studierenden in Deutschland Das Deutsche Studentenwerk als Verband der heute 57 Stu - immer noch stark unter den Folgen des Ersten Weltkriegs denten- und Studierendenwerke hat eine doppelte Mission: litten – wurde am 19.2. als unmittelbare Vorgängerinstitution sich für gute Rahmenbedingungen für die Studentenwerke des Deutschen Studentenwerks die „Wirtschaftshilfe der Deut - einzusetzen – und für die sozialpolitischen Belange der rund schen Studentenschaft e.V.“ gegründet, der Dachverband der 2,9 Millionen Studierenden in Deutschland. kurz zuvor etwa in Dresden, München, Bonn oder Tübingen entstandenen Selbsthilfeeinrichtungen bzw. Studentenhilfen. Dieser doppelte politische Auftrag hat seine Wurzeln im zivil - gesellschaftlichen, demokratischen Engagement von Studie - 2021 jährt sich die Gründung des Deutschen Studentenwerks renden und Lehrenden nach dem Ersten Weltkrieg. Diesen zum 100. Mal. Eine bruchlose Linie von 1921 bis 2021 gibt es Werten sind die Studenten- und Studierendenwerke bis heute allerdings nicht. Die Zeit der nationalsozialistischen Herrschaft zutiefst verpflichtet. stellt eine tiefe institutionelle Zäsur dar: Die Studentenwerke wurden gleichgeschaltet und jeglicher Autonomie beraubt; Mit dieser geschichtswissenschaftlichen Forschungsarbeit ihr Dachverband wurde instrumentalisiert und integriert ins werden nun erstmals die Jahre der nationalsozialistischen Gefüge der NS-Diktatur.
    [Show full text]
  • Corporate Governance of Company Groups: International and Latin American Experience
    Corporate Governance of Company Groups: International and Latin American Experience Preliminary version for comment. Hosted by : Please send written comments to [email protected] by 5 December, 2014 Latin American Roundtable Task Force on Corporate Governance of Company Groups 17 November, 2014 Hotel Hilton Bogotá, CARRERA 7 NO. 72-41, BOGOTA, 00000, COLOMBIA http://www.oecd.org/daf/ca/latinamericanroundtableoncorporategovernance.htm With funding support of: TABLE OF CONTENTS International and Latin American Overview ............................................................................. 3 1. Introduction............................................................................................................................ 3 2. Economic Rationale for Corporate Groups and the Role of Corporate Governance ............. 4 3. International Work on Corporate Governance of Groups ...................................................... 8 4. Economic Relevance of Company Groups in LatAm .......................................................... 12 5. What is an Economic Group in LatAm? .............................................................................. 12 6. Structure of the Regulatory and Supervisory Framework ................................................... 13 7. Protection of Minority Shareholder Rights .......................................................................... 14 8. Economic Groups and Conflicts of Interest ......................................................................... 15 9. Multinational
    [Show full text]
  • Balancing Security and Liberty in Germany
    Balancing Security and Liberty in Germany Russell A. Miller* INTRODUCTION Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy.1 Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, modern Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined.2 The second encounter – with leftist domestic radicalism in the 1970s and 1980s – required the maturing German democracy to react to domestic terrorism.3 The third encounter – the security threat posed in the * Associate Professor of Law, Washington & Lee University School of Law ([email protected]); co-Editor-in-Chief, German Law Journal (http://www.germanlaw journal.com). This essay draws on material prepared for a forthcoming publication. See DONALD P. KOMMERS & RUSSELL A. MILLER, THE CONSTITUTIONAL JURISPRUDENCE OF THE FEDERAL REPUBLIC OF GERMANY (3rd ed., forthcoming 2011). It also draws on a previously published piece. See Russell A. Miller, Comparative Law and Germany’s Militant Democracy, in US NATIONAL SECURITY, INTELLIGENCE AND DEMOCRACY 229 (Russell A. Miller ed., 2008). The essay was written during my term as a Senior Fulbright Scholar at the Max Planck Institute for Comparative Public Law and Public International Law in Heidelberg, Germany. 1. See, e.g., Jacqueline E. Ross, The Place of Covert Surveillance in Democratic Societies: A Comparative Study of the United States and Germany, 55 AM.
    [Show full text]
  • Evaluation of Government-Sponsored R&D Consortia in Japan
    Chapter 12 EVALUATION OF GOVERNMENT-SPONSORED R&D CONSORTIA IN JAPAN by Mariko Sakakibara 1 Anderson Graduate School of Management, University of California, Los Angeles Introduction Co-operative R&D has been widely celebrated as a means of promoting private R&D, and some see it as a major tool for enhancing industry competitiveness. Co-operative R&D is defined as an agreement among a group of firms to share the costs and results of an R&D project prior to the execution of that project. Co-operative R&D can be executed in many forms, including R&D contracts, R&D consortia and research joint ventures.2 In this analysis, these forms are collectively referred to as R&D consortia or co-operative R&D projects, interchangeably. Japan is regarded as a forerunner in the practice of co-operative R&D. The most celebrated example is the VLSI (Very Large Scale Integrated circuit) project, designed to help Japan catch up in semiconductor technology. The project, conducted between 1975 to 1985 with a budget of 130 billion yen (US$591 million) of which 22 per cent was financed by the government, developed state-of-the-art semiconductor manufacturing technology. All of the major Japanese semiconductor producers participated in this project, and Japanese semiconductor companies gained world leadership after the project. It is widely believed that this success story is only one of many. The perceived success of the VLSI project has motivated other countries to emulate “Japanese- style” collaboration. The 1984 US National Co-operative Research Act was enacted to relax antitrust regulations in order to allow the formation of research joint ventures.
    [Show full text]