A taxonomy of collaborative governance: a guide to understanding the diversity of international and domestic conservation accords

Partially in response to the increasing complexity of governance structures in the international environmental arena, international scholars have adopted a distinction between “Type 1” and “Type 2” international agreements. The former refer to agreements between governments, whereas the latter refer to agreements between governments and nonstate actors. While useful, this distinction offers only a partial taxonomy of the diversity of collaborative governance, and fails to incorporate “Type 3” dynamics among nonstate actors. As an initial attempt at sorting out the wide array of collaborative governance structures both domestically and across international borders, we propose a 3 × 3 matrix based on two typologies, one institutional (governmental, collaborative, nonstate), the other geopolitical (domestic, transborder, interstate/transnational). The result is a classification system of nine types of both domestic and international governance. In addition to identifying fundamental differences among the myriad forms of governance, the matrix reveals how the “softening of sovereignty” occurs in practice.

Introduction: exploring and explaining the Asia-Pacific Partnership on Clean Development and Climate

This introduction lays the groundwork for this Special Issue by providing an overview of the Asia-Pacific Partnership on Clean Development and Climate (APP), and by introducing three main analytical themes. The first theme concerns the emergence and continuation of the APP. The contributions show that the emergence of the APP can be attributed to international factors, including the United States’ rejection of the Kyoto Protocol, and its search for an alternative arena for global climate governance, and other countries’ wish to maintain good relations with the US; as well as domestic factors, such as the presence of bureaucratic actors in favour of the Partnership, alignment with domestic priorities, and the potential for reaping economic benefits through participation. The second theme examines the nature of the Partnership, concluding that it falls on the very soft side of the hard–soft law continuum and that while being branded as a public–private partnership, governments remain in charge. Under the third theme, the influence which the APP exerts on the post-2012 United Nations (UN) climate change negotiations is scrutinised. The contributions show that at the very least, the APP is exerting some cognitive influence on the UN discussions through its promotion of a sectoral approach. The introduction concludes with outlining areas for future research.

The Group of 77 in the international climate negotiations: recent developments and future directions

First, we describe and analyze the main set of G77 positions in the climate negotiations and the dynamics behind the emergence of these positions. While it is puzzling that the G77 has managed to maintain itself as a group in spite of internal differences along variables as prosperity, emissions and vulnerability to climate change, we claim that a core element behind this cohesion is that these countries share domestic governance problems as much as poverty and economic underdevelopment. Second, we discuss how recent trends of economic and political development in the third world influence the climate policy strategies of the G77 group in the future. The main factor here is the economicand social progress in states like China, India and Brazil, which separates them from the poorer and less powerful G77 states. Increasing heterogeneity along variables like governance, growth, and importance for the international economy is creating an increasing drive among the most successful G77 states towards bilateral agreements with industrialised powers. We do not foresee a departure from traditional G77 positions and membership by these states in the official climate negotiations or a departure from the Kyoto process, but an increasing reliance on bilateral agreements with industrialized countries that link considerations for energy security and the environment. The ability to gain these advantages without commitments may make these states less interested in adopting commitments for the post-Kyoto period. This is unfortunate for the LDCs and the AOSIS groups within the G77, who probably are most vulnerable to climate change.

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Friendly neighbor or Trojan Horse? Assessing the interaction of soft law initiatives and the UN climate regime

Current global climate governance is characterized by increasing institutional proliferation. Within the last 5 years several non-legally binding initiatives have emerged, including (i) the Asia-Pacific Partnership on Clean Development and Climate and various other public–private partnerships working on the policy implementation level and (ii) the Group of Eight Gleneagles Dialogue on Climate Change, Clean Energy and Sustainable Development, and Major Economies Meeting on Energy Security and Climate Change as high-level political processes. As a first step toward analyzing the relationship between these parallel initiatives and the UN climate regime, this article looks at the negotiations of four UN-hosted climate meetings in 2007–2008, providing an examination of the interaction of ‘soft law’ climate initiatives and the ‘hard law’ UNFCCC/Kyoto Protocol process. The methodology of the study is based on participatory observations in the negotiations and document analysis of country and stakeholder positions. The analysis shows that the current multitude of processes in global climate governance entails potential institutional interaction. Deliberations of the key actors give some support to the claims of non-UN soft law being used to exert influence on the negotiations on a future climate regime within the UN context.

The effect of informal industry contacts on the time university scientists allocate to collaborative research with industry

We ask whether informal interactions between university and industry scientists result in collaborative research. Using data from a national survey of tenured and tenure-track scientists and engineers in U.S. research extensive universities, we demonstrate that university scientists’ informal interactions with private sector companies increase both the likelihood and intensity of collaborative research with industry.

Greening the security council: climate change as an emerging “threat to international peace and security”

Climate change is a security problem that requires global solutions. Despite some important recent advances, current international responses to climate change are inadequate. This paper assesses whether the United Nations Security Council possesses sufficient legal authority to compel states to address the causes and consequences of climate change. While not advocating the immediate adoption of coercive measures, this paper initiates discussion of this issue, with the goal of developing an institutional framework within which to respond to this emerging threat, if necessary. The paper begins with a brief overview of the clear links between climate change and security, and the inadequacy to date of international remedial efforts. This is followed by a detailed analysis of Security Council legal authority, in particular the UN Charter, including a discussion of its evolving invocation in the context of non-traditional threats. Applying this legal framework to the specific issue of climate change demonstrates the substantial authority of the Security Council to take binding decisions relating to this subject, and its wide range of available enforcement measures, recognizing that political will to exercise and support this authority is required for any successful Security Council efforts to address climate change. The paper concludes that the Security Council has the legal authority to address the causes and consequences of climate change, and that its recent counter-terrorism and non-proliferation measures provide an illustrative institutional framework within which to address this emerging ‘threat to international peace and security’.

The Sanctions-Perceptions Link in a Model of School-based Deterrence

This paper reports a study examining associations between objective indicators of the level of discipline within schools and students’ perceptions of the strictness of discipline. Data were analyzed from the National Education Longitudinal Survey (NELS), a nationally representative panel study of eighth grade students attending public and private schools in 1988. We find evidence for an association between objective and perceived risk of discipline in models that examine the covariation of these two constructs at several cross sections, and in models of change in perceptions as a function of change in school sanctioning climate. Moreover, these associations were strongest in small and less disordered schools.

An innovation economics agenda for the Obama administration

Seven recommendations are offered for the Obama Administration to ensure that the economy is on a robust growth path over the next decade. These recommendations are intended as first steps towards building the innovation-based public-private partnerships needed to drive economic growth and prosperity.

Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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The sex industry,human trafficking and the global prohibition regime: a cautionary tale from Greece

Using the concept of global prohibition regimes as an analytical point of departure, this article interrogates the development and results of the agitation campaign that relayed the new global prohibition regime against trafficking for sexual exploitation in Greece after 1995. In line with the international trend towards the issue of trafficking in the 1990s, the Greek campaign has been successful in shaping perceptions of the change in the Greek sex industry on the basis of an equation of prostitution, trafficking and transnational organized crime, and it also successfully capitalized on transnational supports to induce changes in legislation and public policy. However, a critical examination of the Greek situation suggests that there is a considerable discrepancy between the above conceptualisation and the knowledge of the issue emerging from the activities of criminal justice agencies. The examination of the general conditions of economic exploitation and social marginalization of migrants in Greece in the 1990s and after reveals significant homologies between the social organization of the sex industry and other sectors of the economy that have depended on migrant labour. This result underscores the nature of the idea of organized crime as an ideological construct acting as a diversion from more substantive paths of inquiry into the structures of national economy that bear upon the exploitation of sexual labour.

Designing the United Nations Environment Programme: a story of compromise and confrontation

The role of the United Nations in global environmental governance was determined in 1972 when a new international body for the global environment was created as a programme within the United Nations rather than as an autonomous specialized agency. A set of political dynamics between developed and developing countries led to the decisions on the functions, form, financing, and location of the new intergovernmental organization—the United Nations Environment Programme. This article traces the historical roots of these choices and exposes the motivations behind them.

Japan’s position in international climate policy: navigating between Kyoto and the APP

The emergence of technology-oriented agreements such as the 2005 Asia-Pacific Partnership on Clean Development and Climate (APP) may have significant implications for the future of global climate governance, as these agreements could be perceived as an alternative for the existing international climate regime. It is, therefore, important to examine what has moved countries to be involved in these agreements alongside the UN climate regime. This article seeks to identify possible factors contributing to Japan’s participation in both the UN climate regime and the APP, looking at the position of domestic interest groups, the distribution of climate policy-making at the government level and varying international pressures. It concludes that Japan’s participation in both the APP and the UN climate regime flows from a policy-making process that tries to accommodate conflicting viewpoints at the domestic and international levels. To what extent Japan’s participation in both fora can be regarded as constructive will depend on the partnership’s ability to support the implementation of a future climate regime.

Enhancing the clean development mechanism through sectoral approaches: definitions, applications and ways forward

Grave concerns with the Clean Development Mechanism (CDM) have increasingly surfaced in the international climate policy arena. The sectoral approaches described in this paper may be a way to address some of the shortcomings of this Kyoto mechanism. The paper outlines the criticisms that have been raised against the CDM as well as the conflicting interpretations of a sectoral approach and examines in how far it might resolve the mechanism’s perceived shortcomings. Furthermore, it outlines issues that need to be resolved when implementing a sectoral approach: distributing costs and benefits, defining the sector and its baseline, ensuring additionality and tackling procedural issues. A sectoral approach can enable countries to guide their structural development but it also opens up a gap between public and private investment that needs to be addressed before conflicts arise. Sectoral CDM activities may be able to lower transaction costs for projects that otherwise cannot compete in the CDM market and might even pave the way to sectoral greenhouse gas limitation targets in developing countries by establishing the necessary infrastructure for data collection. However, a sectoral CDM cannot be mistaken for a panacea. Some of the mechanism’s problems remain, which highlights the need to establish additional instruments to support Southern countries in furthering sustainable development and embarking on a low-emission trajectory.

Philosophy of Law Against Sovereignty: New Excesses,Old Fragmentations

The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance dynamics, as well as for ontological devices engaged in the production of subjectivity.

Bankruptcy law: a mechanism of governance for financially distressed firms

This paper explores the various governance models for financially distressed firms. We offer a new typology of major bankruptcy models and provide a connection between this bankruptcy law puzzle and the variables depicting the governance of healthy firms in order to shed light on two topics: (1) the factors that the lawyer should consider before changing its national bankruptcy law, and (2) the risks associated with each bankruptcy model according to the economic literature on bankruptcy law. Our final aim is to test whether the various bankruptcy models detailed in the paper perform in separate economic and legal environments.

Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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The impact of the US legislation on company measures of control and prevention

The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA. Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly toward the legal standards of the USA. Translated from the German by Jonathan Harrow, Bielefeld.

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