Technology investment, bargaining, and international environmental agreements

If countries are to engage in international environmental cooperation, they must bargain over the distribution of gains. When future bargaining over pollution abatement is expected, how should a country decide on public technology investments to reduce the domestic cost of pollution abatement? I find that while countries tend to underinvest because they fail to internalize the global benefits of new technology, the magnitude of the problem depends on a country’s bargaining power. Powerful countries underinvest less frequently, because they expect to reap most of the global benefits from new technology in the international negotiations. I also investigate the effectiveness of a simple reciprocal technology agreement. I find that it can help solve the underinvestment problem, and this beneficial effect is particularly pronounced in the case of powerful countries. These findings imply that changing the bargaining protocol on climate change to the benefit of powerful countries may help secure the necessary technology investments.     

Equity, international trade and climate policy

The literature of welfare-maximising greenhouse gas emission reduction strategies pays remarkably little attention to equity. This paper introduces various ways to consider efficiency and equity simultaneously. Lower (higher) discount rates lead to higher (lower) emission reduction. Higher (lower) inequity aversion leads to higher (lower) emission abatement, unless one also considers the negative effects of OECD emission reduction on the exports of developing countries; in that case, the effect of inequity aversion is ambiguous. In the absence of international co-operation, higher (lower) risk aversion leads to lower (higher) emission abatement. With international co-operation, the effect of risk aversion is ambiguous because the higher risk aversion gives more weight to poorer regions and poorer generations. We analyse four ways to introduce compassion in a non-cooperative setting. If observed development aid is a guide, international altruism is small and has little impact on optimal emission control. If countries act as if they 'feel' but not 'physically experience' the climate impact of the most vulnerable country, optimal emission reduction increases, but not substantially so. However, if countries actually have to pay for the damage done, they would prefer to reduce their emissions to much lower levels. Finally, if countries pay as much for emission reduction as other countries suffer from climate change, (that is, if climate policy restores the income distribution to what it would have been without climate change), emissions are rapidly cut to very low levels.     

Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

当代国际刑法与国际犯罪问题学术研讨会综述

2002年4月26日,"当代国际刑法与国际犯罪问题学术研讨会"在香港大学隆重举行.此次会议是继2000年8月在贵阳市召开的"当代国际刑法问题学术研讨会"之后,国家重点研究基地中国人民大学刑事法律科学研究中心主办的又一关于国际刑法问题的学术研讨盛会,也是中心首次在境外举办学术研讨会.此次研讨会顺应当前国际社会惩治与防范国际犯罪的现实需要,有选择、有针对地就国际刑法领域诸多热点、难点问题进行了深入细致的探讨,有力地促进了我国内地与香港地区对国际刑法与国际犯罪问题的研究,因而具有重要的理论与实践意义.     

试论国际刑事管辖权——兼谈对我国的启示

国际刑事管辖权是国家之间确立的对国际犯罪进行缉捕、起诉、审判和惩处的重要管辖体系。本文首先论述了传统的四种国际刑事管辖权,即属地管辖权、属人管辖权、保护性管辖权和普遍管辖权。接着本文阐述了前南国际刑事法庭和卢旺迭国际刑事法庭对国际刑事管辖权的发展,然后,本文分析了《国际刑事法院罗马规约》对国际刑事管辖权的挑战。最后,本文分析了我国的从中引发的相关启示。     

Emerging combatants, war crimes and the future of international humanitarian law

The purpose of this paper is to examine the traditional paradigm of international law that regulates warfare and defines criminal behavior,and examine how the emergence of new actors has changed the environmentof armed conflict. The existing paradigm takes into account state actorsand insurgents who have recognizable political goals. All such combatantshave some stake in the existing international political system and somemeans are available (military intervention, war crimes trials) to compeltheir compliance with the law. However, new categories of combatants areemerging. They are not connected to states, may have no political goalsand are difficult to reach or persuade with time-tested methods.Compelling or persuading them to better compliance with the law is essential to protect vulnerable populations from their depredations.The paper concludes by identifying some contributions that criminologistscan make toward understanding these groups and devising strategies to meetthe challenge of war crimes. Those contributions by criminologists wouldbe equally valuable in dealing with the problem of war crimes and ``traditional' combatants.