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Bank of America Class Action Lawsuit

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Bank of America Class Action Lawsuit News – 2/1/2012: Does globalization erode the nation state’s capacity to act? Are nation states forced to converge in their policies even if these should not correspond to the democratically expressed will of their electorates? How does government action change under conditions of globalization? Questions like these have featured highly not only in public political discussions in recent years, but also in academic discourse, prompting a multiplicity of contributions to a debate that is still ongoing. This book aims to make a further contribution to this debate by focusing on a specific policy area and tracing and analysing devel­opments there comparatively across four countries and an extended period of time. Its results make no claim to provide a general answer to the questions above; however, it is hoped that—taken together with those of similar studies in different policy areas, countries, and time spans—they may contribute to the mosaic that will ultimately give us a differentiated picture of the conditions under which politics, governments, and states act at the beginning of the twenty-first century.

From the outside and a monopoly of power within” (ibid.: 478). This def­inition, however, no longer complies with the realities of statehood in the developed liberal democracies of today. Pluralist and corporatist develop­ments have exacerbated the trend towards differentiation within the state, and increasing trans- and supranational linkages have replaced sovereignty with interdependence. As a consequence, the “post-war settlement” of the “golden age” is being challenged, as states struggle to find resources in the face of tax competition, set binding rules under conditions of increasing inter- and supranational legal norms, and provide material security for their citizens while losing influence on business decision-making (Leibfried and Zürn 2005; Hurrelmann et al. 2007). While the lowering and even abolition of tariff barriers has enabled states and their citizens to enjoy the fruits of growing welfare through increased economic exchange, the lowering and abolition of the borders of statehood that go with it may also have altered the situation for states and citizens alike, increasing vulnerability to outside influences beyond their control. Unable to protect its citizens, the state’s legitimacy may be threatened in the medium and long run. But decoupling from the economic integration that has been growing over the last couple of decades and that has now literally spread around the globe would be no less costly economically and politically—if it were feasible at all.

Much of the public and academic debate around these issues is linked to the term “globalization”. It has undergone an amazing career over the last two decades. There hardly seems to exist a facet of public life that cannot be linked to this term: be it domestic conflicts regarding the need for political reforms and the necessity of redesigning social security systems; structural economic change and the shift of economic power to the emerging economies of South and Southeast Asia; debates about the fairness of global trade or its increasing de-materialization; the threat to cultural diversity presented by global media power and tourism—all that is mentioned in one breath with “globalization”, even if that link is often more one of mashing things together than providing proper explanation.

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Globalization, we can conclude, is no clearly defined concept, and, as the aforementioned examples demonstrate, its use in that long debate has var­ied from concentration on specifically economic phenomena to very general social effects on a global scale. Beyond the very general insight that globaliza­tion denotes a continuing process of accelerated and deepened economic, but also general social, interaction on a global scale between formerly politically independent units (from which mutual influence follows), little agreement exists concerning the characteristics of globalization. Whether it constitutes a process of a historically new quality or not; whether states caused it or whether markets are the dominant actors; whether the economic, the social, or the political sphere is the main area of concern; whether it is a development to be applauded or to be contested—all these questions remained unanswered.

A common thread running through these different classifications, however, is that the main dividing line separating positions is the question whether globalization is perceived as an event that fundamentally alters the conditions states act under or not. It is this question—does globalization diminish the nation state’s capacity to act?—that has been identified as the central focus of the whole debate by a number of authors (Berger 2000: 52; Gourevitch 2002: 313; Zürn 2002: 240) and is thus a consensus that has been emerging in this multifaceted debate in recent years. But whether this capacity to act is indeed under threat (and what consequences this would have for the self-conception of democratic governance) is again contested.

Those who see the state’s capacity to act threatened by globalization empha­size that conditions for economic policy have changed substantially over the course of the last three decades. After the Second World War, controls over movements of currency and goods had allowed the state to siphon off rents from capital owners to finance public and welfare state spending (Scharpf 1996). After the breakdown of the Bretton Woods system of fixed exchange rates and the demise of currency controls, however, states lost command over the setting of domestic interest rates to the international financial markets and had to yield to their “tyranny” (Eichengreen 1997). In the sphere of fiscal policy, the state’s room for manoeuvre was also strongly curtailed, since glob­alization enforced a shift of taxation from the (highly mobile) factor, capital, to the (less mobile) factor, labour. As a consequence, it was argued, states were faced with the unpalatable choice between either running permanent public deficits or facing a decline in international competitiveness due to excessive labour costs. Deregulation and transnationalization further reduced the capacity for active state policy, and in terms of welfare state measures, globalization would lead to cut-throat competition and a “race to the bottom”. Consequently, authors arguing for this position spoke of the “erosion” of the nation state (Hilpert 1994), its “retreat” (Strange 1996), or even its “end” (Ohmae 1995).

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The emphasized that the development over the last decades was not as unique as claimed, and that global economic integration was at a similar level at the beginning of the twentieth century (Hirst and Thompson 1996). A number of studies also questioned whether the restriction of state capacity was quite as drastic as sometimes stated: they found that tax competition between states, caused by globalization and international capital mobility, were not quite as pronounced and negative as expected, and that therefore neither were the consequences for welfare systems. Rather, it was argued, these systems demonstrated a remark­able degree of resilience and a capacity for adaptation, and party political preferences for taxation and redistribution could still be implemented (Garrett 1998; Swank 2002). Furthermore it could be shown that the costs of welfare state interventions in the economy through taxation were often balanced by positive externalities such as a high level of social stability and a well-trained workforce—and that these advantages were also recognized and appreciated by the owners of highly mobile capital. As a consequence, authors from this group have tended to see state capacity in a more positive light, spoken of “new tasks” for the state (Sassen 1998) and declared the thesis of the powerless state a “myth” (Weiss 1998).

According to this, a country will tend to export goods with whose production factor it is relatively abundantly endowed, while it will tend to import such goods whose production factors are relatively scarce at home. The reason is that a relative abundance in capital will cause the capital-abundant country to produce capital-intensive goods more cheaply than a labour-abundant country. Building on this standard economic theory, Ronald Rogowski some time ago developed a political sci­ence model to explain the emergence of societal cleavages (Rogowski 1989). Starting from rather simple assumptions about the domestic political process and with the help of the Stolper-Samuelson theorem,9 Rogowski was able to put forward hypotheses about the effects of increasing economic openness in order to explain the different political developments, coalitions, and cleavages in late nineteenth-century Britain, Germany, and the United States. In work done collaboratively with Jeffry Frieden, Rogowski undertook a—plausible— extension of this model to the process of globalization (Frieden and Rogowski 1996). The authors strove to explain the policy preferences of the relevant domestic actors, the policies carried out, and the development of national political institutions, claiming that the power of an interest group to assert its preferences varies with its mobility—or rather that of its factor of produc­tion. An interest group that can more credibly threaten to exit will increase its negotiation power and will thus have its preferences implemented into policy. Globalization will therefore lead to government policy adapting to the interests of capital owners (the most mobile factor of production), and since this adaptation will take place everywhere, policy convergence is the result.

The degree of competition depends on the mobility of all factors of production. But it is not only the extent of taxation that influences yield expectations of capital—labour, social, and environmental regulations also play a part in this competition. Since regulations impose costs, firms will try to minimize such costs. Therefore (and with the same logic as in the case of taxation) equalization will be the result in these areas as well. Which direction this competitive equalization between states will take—a “race to the bottom” with a downward spiral of regulatory intensity and a convergence on the smallest common denominator, or a “race to the top” with escalating regulation as a consequence of competition—depends on a variety of factors and is not relevant in the present context.

Quite the contrary development as the consequence of external change is what other theoretical approaches would lead us to expect, which focus on the stability of specific national characteristics. According to these theories (which give special emphasis to differences in policy styles, the resilience of institutional arrangements, and the path dependence of decisions more gener­ally), continued or even increased diversity of policy outputs and institutional structures will be the likely result. One of the first analyses to take such a perspective was probably Andrew Shonfield’s book on “Modern Capitalism” (Shonfield 1965). Shonfield explained in his extensive empirical analysis the differences in economic policy between the United States, France, Britain, and the Federal Republic of Germany primarily with reference to the different attitudes with which national political and economic actors approached the economy. These atti­tudes, Shonfield stated, were largely based on culturally specific orientations deeply rooted in the national history. While differences between them were often small and diffuse, over time they amounted to a significant order of magnitude.

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