Greenland criminal justice: The adaptation of western law

The conflict which many indigenous peoples experience with Westernized systems of law has precipitated a search for alternative models of criminal justice. While the process of colonization has most often resulted in the destruction of traditional practices of social control, in Greenland an attempt was made to adapt Western law to the indigenous culture. The Greenlandic justice system has several unique attributes which have attracted the attention of indigenous peoples and governments worldwide. This article traces the origins, development and evolution of the Greenlandic Criminal Code and criminal justice system, the factors which influenced its development, and the extent to which the objectives of the architects of the systems have been met. The discussion provides key insights into the potential and limitations of adapting Western law to indigenous cultures.     

变动中的北极治理国际法律体系及中国的挑战和机遇

现行的北极治理国际法律体系不足以应对由于全球变暖、海冰融化所带来的挑战,处在变化、重构之中。中国应把握机遇、采取灵活务实的态度、利用现有的各种国际平台,比如国际海事组织、联合国粮农组织、北极理事会等机构,在诸如极地航行船舶强制性规则的制定、斯瓦尔巴德群岛周边海域法律地位等问题上最大化中国的国家利益。     

Regime interplay in Arctic shipping governance: explaining regional niche selection

Distinctive institutional features can make a regime particularly suited for conducting one or more generic tasks of governance: building knowledge, strengthening norms, enhancing problem-solving capacity, or enforcing rule compliance. Each of those governance tasks constitutes a potential “niche” that a regime can specialize in within a larger institutional complex. Applying this niche-oriented approach to the case of Arctic marine transport helps to explain the emerging division of labor between regional and global institutions in an issue area marked by rapid change. Drawing on earlier regime-effectiveness research, the article examines the potential of regional institutions, especially the Arctic Council, to contribute to strengthening the international governance system for shipping, based on the UN International Maritime Organization (IMO). Although the Arctic Council is not well positioned to regulate regional shipping activities, it may facilitate regulatory advances in the IMO, in part by knowledge-building and in part by helping Arctic states to find common ground on matters of controversy. The Council is also well equipped to enhance regional maritime infrastructure, like capacities for responding to oil spills, and search and rescue operations. Should binding region-specific international rules on Arctic shipping be adopted, Arctic institutions could play a role in coordinating port-state enforcement measures—but existing institutions with broader participation are better suited and will probably remain dominant. The larger question of achieving cross-institutional interplay that can promote effectiveness is relevant in any region or issue area, because efforts to solve specific problems usually involve more than one institution.     

Research universities as actors in the governance of local and regional development

In the increasingly competitive, knowledge-based economy, universities have a variety of potential roles for stimulating economic development beyond teaching, research and technology development. In this article we focus on universities’ role as actors in the governance of local and regional development. Using recently developed theories about the emergence of heterarchical governance, we discuss the motivations, interests, structural arrangements, and contingent conditions for universities becoming actors and partners in steering regional economic development policy and contributing to regional problem-solving, and explore the how university involvement may increase the effectiveness of governance processes. We test several hypotheses and draw lessons for the design and participation of governance arrangements. Our results suggest that individual leadership initiatives and the quality or interpersonal working relationships among leaders may be more important than the particular structural arrangements for producing effective governance outcomes.     

公域治理转向：公共治理模式的兴起

西方传统市民社会理论无法对后现代时期继续分化的社会公共领域作出有力解释。因此,须在治理背景下对市民社会理论予以重构。当社会管理创新业已成为当今我国改革的战略任务和社会共识时,坚持公权力机关主导下的传统管理模式已明显不合时宜。在社会结构深刻变化的时代,公共治理模式日益成为公域的必然选择,而公共治理模式尤应以软法机制为主要调整手段。     

Building institutional capacity: knowledge production for transnational security governance in Mexico

ABSTRACT

This article engages with institutionalist knowledge production in US-Mexican security relations, demonstrating how anti-crime governance in the Americas has shifted from a heavy-handed military rationale to a good governance and civil society–centred approach. This shift has been facilitated by the newly emerging resilience discourse which advocates turning local communities from passive beneficiaries of government-sponsored law enforcement into pro-active security partners. It will be argued that the rise of good governance and society-centred policy thinking has enhanced the epistemic authority of a heterogeneous, but ideologically aligned set of human rights advocacy groups, think tanks, policy-oriented academics and for-profit development NGOs – both in Mexico and the United States. This transnational expert community has been instrumental in inserting the issue of drug-related violent crime in Mexico into a globally dominant statebuilding framework. In consequence, security governance in Mexico has taken on a more transnational character and become the object of a highly intrusive international monitoring regime.     

米尔健·达马斯卡学术观点的功用性和真确性

在《司法和国家权力的多种面孔》一书中,达马斯卡教授关于制度性安排的两组概念模型的提出[科层型权力组织与协作型权力组织;政策实施型程序与纠纷解决型程序]将那些涉及司法制度和政府治理的变量化约为一套便于掌握的范式,彰显出概念性研究的首要价值——功用性。而在《漂移的证据法》中,达马斯卡超越概念性研究转而专注于实证研究。其研究志趣从功用性转移到了真确性,然而研究方法却并没有改变。对概念性研究路径的依赖导致《漂移的证据法》之核心命题的构建失去了客观性。尽管如此,Ⅸ漂移的证据法》依旧具有重要的指引意义,它提醒学术界应当注意概念性研究与实证研究之间的差别以及忽略这种差别所导致的诸多问题。     

Indigenous Peoples in International Environmental Cooperation: Arctic Management of Hazardous Substances

This article reviews the international legal framework on hazardous substances, with an emphasis on the Arctic and the roles of indigenous peoples. Persistent organic pollutants (POPs) and heavy metals pose significant risks to Arctic indigenous populations, mainly through the consumption of traditional foods. Treaties of particular relevance include the Protocols on Heavy Metals and POPs to the Convention on Long-Range Transboundary Air Pollution (1998) and the Stockholm Convention on POPs (2001). Arctic indigenous groups have exerted considerable influence on hazardous substance management through lobbying of national governments, participation in domestic and international scientific assessments, and direct advocacy in regional and global political fora. Their engagement on environmental issues has also helped to shape circumpolar consciousness and political activism among different indigenous groups. At the same time, there remain important limitations on the independent authority and ability to act of indigenous groups. Challenges for Arctic indigenous groups and States include continuing collaborative abatement work targeting many POPs and heavy metals, as well as addressing linkages between hazardous substances and climate change, which is another issue of great Arctic concern.     

国际法视野下的标准治理

全球化带来的世界转型,使国际体系呈现一体化和碎片化交织的复杂模式。而依循国际法进行的全球治理,则因其治理乏力而饱受争议。究其原因,公私治理主体间的矛盾、治理方式的僵硬,导致治理价值的受损。以标准作为全球治理的技术(以下简称"标准治理"),更好地折射出全球治理的优势和限度。一方面,多元多层级标准治理主体之间的合作和互动,增进了决策权的复制与移转,使治理方式更为灵活有序。另一方面,国家导向与市场导向权威之间的可能摩擦,恐使全球治理屈从于"排除知识落伍者"的单一治理模式。更为重要的是,标准治理激发了对国际法秩序,特别是国际法传统渊源的反思和重塑,对于如何更好地推动公私标准的融合、改善国际立法及其遵守,继而推动全球治理的可持续发展提供了新契机。     

The roles of non-state actors in climate change governance: understanding agency through governance profiles

Globalization processes have rendered non-state actors an integral part of global governance. The body of literature that has examined non-state actor involvement in global governance has focused mainly on whether and how non-state actors can influence states. Less attention has been paid to the comparative advantages of non-state actors to answer questions about agency across categories of non-state actors, and more precisely what governance activities non-state actors are perceived to fulfil. Using unique survey material from two climate change conferences, we propose that different categories of non-state actors have distinct governance profiles. We further suggest that the different governance profiles are derived from particular power sources and that agency is a function of these profiles. The study thereby contributes to a strand in the literature focusing on the authority of non-state actors in climate governance and broadens the methodological toolkit for studying the “governors” of global governance.     

The Governance of the European Union: The Potential for Multi-Level Control

In its White Paper on the Governance of the European Union the European Commission has adopted a narrow concept of governance which focuses almost exclusively on public institutions exercising legislative and executive power (in other words institutions of government ). The article suggests that a theory of multi-level control in the EU would attend to greater variety both in the available governance institutions and the techniques of control. The deployment of an analysis grounded in theories of control suggests that the European Commission is substantially holding to a long-held preference for instruments of government premised on the exercise of hierarchical power. This reform path sits uneasily with revived concerns to render the governance of the EU more democratic. Equally it inhibits the generation of more efficient governance arrangements which place greater dependence on communities, competition, and design as alternative bases of control to hierarchy. Control theory suggests that the assertion of different reform agendas and institutional structures by other actors can check the more wayward (and arguably illegitimate) tendencies within the Commission plan, whilst drawing in alternative bases of control which, when combined, may yield technically superior governance solutions.     

论中国传统家族司法主体的权力——以国家法律对家族长权力的确认为视角

中国传统家族司法是当今法律文化研究的重点,其司法主体如何在司法过程中实施司法权和国家如何看待这一权力的应用,引发了对传统家族长权力现代变迁的深刻思考。我们在理解国家法律与基层司法相结合治理社会这一法律文化的基础上,研究中国传统家族司法主体的权力,能够得出现代家族长的权力与民族现代化发展互容互补的结论。     

The Role of UNEP and UNDP in Multilateral Environmental Agreements

This study examines the role of the UN’s programmes for environment and development (UNEP and UNDP) in the genesis and implementation of multilateral environmental agreements (MEAs). This is set in the wider context of the changing dominant focus of the international agenda, from ‘environment’ at the Stockholm Conference in 1972, to ‘environment and development’ at Rio in 1992, and ‚sustainable development’ in Johannesburg in 2002. UNDP is a development organisation strongly rooted in its country office network. Its role is becoming increasingly normative however, particularly since 2002 when UNDP opted to root most of its activities on the Millennium Development Goals. UNEP, as an environmental organisation has been successful at catalysing MEAs at the global and regional level; but without a significant increase in its budget over 30 years, its capacity has been spread very thinly. Many of the institutional arrangements for MEAs have effectively become independent of UNEP resulting in a very loosely and sometimes poorly coordinated network. Two case studies are used to illustrate the current institutional arrangements: UNEP’s Regional Seas Conventions and Protocols, and the Convention for Biological Diversity. These illustrate the fragmentation of current institutions, the need for strengthened technical and scientific support, the importance of addressing problems at their root causes and the need to increase the devolution of global governance to the regional level. Satisfying the identified needs requires actions within the remit of both UNEP and UNDP. It is argued that current institutional arrangements have not kept pace with the requirements of evolving policy. As part of a reform process, one option may be to merge the two programmes into a single structure that conserves and strengthens vital technical functions but enables a balanced and integrated approach to sustainable development.     

Rule‐Intermediaries in Action: How State and Business Stakeholders Influence the Meaning of Consumer Rights in Regulatory Governance Arrangements

The boundaries between public and private actors are increasingly blurred via regulatory governance arrangements and the contracting out of rights enforcement to private organizations. Regulation and governance scholars have not gained enough empirical leverage on how state actors, private organizations, and civil society groups influence the meaning of legal rules in regulatory governance arrangements that they participate in. Drawing from participant observation at consumer law conferences and interviews with stakeholders, my empirical data suggest that consumer rights and, in fact, consumer law, mean different things to different stakeholders tasked with adjudicating consumer rights. Rights afforded consumers who purchase warranties are now largely contingent on first using alternative dispute resolution structures, some created and operated by private organizations with soft state oversight and others run by stakeholders but with greater state oversight and involvement. Using new institutional sociology and regulatory governance theories, I find that stakeholders involved in overseeing and administering these dispute resolution systems filter the meaning of consumer rights through competing business and consumer logics. Because consumer laws mean different things to stakeholders tasked with adjudicating consumer rights, two different rights regimes simultaneously exist in this field. I conclude that how rule‐intermediaries administering private and state‐run dispute resolution systems conceptualize what consumer laws mean in action may have implications for regulatory governance and more broadly, consumers' access to justice.     

国家治理中的司法策略:以转型乡村为背景

在转型期的当下中国,司法策略的产生背景源自于乡村传统治理术的衰退与纠纷解决的现实需要。为了适应社会转轨的实际需要,司法机关所采取的司法策略的目标定位是强调和谐社会与法治社会的兼容;选择的方法是"大调解"与"能动司法",而村民应对的策略是司法"体内循环"与"体外循环"并举。这些司法策略整合了纠纷解决的各种智慧,包含了尽可能多的治世方略,形成了"软硬兼施"、"刚柔并济"的处理矛盾的"规制矩阵",是我国司法机关审视自身条件与能力、适应转型环境、满足政治任务的"条件反射"。它反映出当下司法是一种补充社会资源、承担公共责任、加强联动治理、确保社会稳定的"安抚型司法"。     

E‐government and developing countries: an overview

E‐governance is more than just a government website on the Internet. The strategic objective of e‐governance is to support and simplify governance for all parties; government, citizens and businesses. The use of ICTs can connect all three parties and support processes and activities. In other words, in e‐governance electronic means support and stimulate good governance. Therefore, the objectives of e‐governance are similar to the objectives of good governance. Good governance can be seen as an exercise of economic, political, and administrative authority to better manage affairs of a country at all levels. It is not difficult for people in developed countries to imagine a situation in which all interaction with government can be done through one counter 24 hours a day, 7 days a week, without waiting in lines. However to achieve this same level of efficiency and flexibility for developing countries is going to be difficult. The experience in developed countries shows that this is possible if governments are willing to decentralize responsibilities and processes, and if they start to use electronic means. This paper is going to examine the legal and infrastructure issues related to e‐governance from the perspective of developing countries. Particularly it will examine how far the developing countries have been successful in providing a legal framework.     

Russia: A Country with an Unpredictable Past

Russia is a key player in the Kyoto process, and the fate of the Protocol itself heavily depends on future developments in the country, in particular in its energy sector. This article analyses the contradictory and complex relationships between carbon dioxide emissions, gas exports to Western Europe and the energy security of Russia. The paper reviews emerging trends in the energy sector of Russia that will have a long-term impact on these three parameters and assesses the possible influence of these trends on the implementation of the Framework Convention on Climate Change and the Convention on Long-range Transboundary Air Pollution in Russia. Proceeding from the latest developments in the Russian energy scene, the author tries to forecast how Russia will integrate into the international community in the energy sphere. The study concludes that gas export commitments to Europe will be met despite the serious problems in the domestic gas sector, that energy saving in Russia is the most feasible way of finding a compromise between the three parameters, and that enhancing the energy security of Russia might have rather controversial consequences for Europe.     

Transnational constitutionalism – conflicts-law constitutionalism – economic constitutionalism: the exemplary case of the European Union

Transnational constitutionalism is both a sociological given and a legal challenge. We observe the emergence of ever more legally framed transnational arrangements with ever more power and impact. Do such arrangements deserve to be called legitimate rule in Habermasian terms? Is it at all conceivable that the proprium of law can be defended against the rise of its informal competitors? This article opts for a third way that listens to neither the siren songs on law beyond the state nor to the defences of nation-state constitutionalism as the monopolist of legitimate rule. The proposed alternative suggests that transnational legal ordering of the European Union should build on its reconceptualization as a ‘three-dimensional conflicts law’ with a democracy-enhancing potential. This reconceptualization operationalizes the ‘united in diversity’ motto of the Draft Constitutional Treaty of 2004, preserves the essential accomplishments of Europe's constitutional democracies, provides for co-operative problem solving of transnational regulatory tasks, and retains supervisory powers over national and transnational arrangements of private governance.     

Reforming Global Sport: Hybridity and the Challenges of Pursuing Transparency

In light of recent controversies in global sport, this article surveys the challenges of pursuing transparency in this particular domain of governance. Although corruption in sport is attracting more scholarly attention, there remains little sociolegal research that reflects critically on corporate governance in sport and its implications. This article outlines current calls for greater transparency in global sport and considers how capitalistic underpinnings and distinct hybrid arrangements complicate the task of transparency. It concludes by reflecting on how insights from studies of regulatory capitalism can inform alternative approaches to transparency and accountability in global sport.     

Exploring the agency of global environmental consultancy firms in earth system governance

In contemporary global environmental governance, private companies are both recipients of as well as contributors to the development and spread of environmental practices, norms, standards, and legislation. One sector that seems to be of particular significance is the environmental consultancy industry. It assists public and private actors in developing environmental solutions and ensuring implementation and compliance by providing particular knowledge, management, and assessment skills. However, little attention has been paid to the environmental authority and agency of companies active in this field. This exploratory study on global environmental consultancy firms is guided by the basic research questions on agency in earth system governance: What is agency? How do actors acquire authority and become agents? How can we evaluate the effects these agents generate?