Discerning Immunity for Governmental Entities: Analyzing Legislative Choices

In 2006, three disagreements about the scope of immunity for governmental entities were considered by the U.S. Supreme Court. Governmental entities were seeking to avoid liability for their actions, claiming the defense of sovereign immunity. Other lawsuits involving governmental immunity under state constitutional and statutory provisions disclose controversies concerning the responsibilities of governments to injured persons. The complicated jurisprudence governing immunity for governmental entities shows two alternatives for legislatures. They have the ability to increase liability by waiving immunity or to add defenses that defeat liability. The trend seems to be to waive immunity for governmental entities while adding statutory defenses that are available to both the private sector and governmental entities.     

Dynamic latent trait models: An application to Latin American banking crises

Dynamic latent trait models combine information from a variety of manifest variables, possibly measured on different scales, that are presumed to be indicators of an unobserved latent phenomenon, while allowing appropriate consideration of the longitudinal character of time series. I use a Bayesian dynamic latent trait model of banking sector financial accounts measured at the country/quarter level to build an indicator of banking system robustness in Latin America. As a methodological innovation, I extend dynamic latent trait models to take into account country-specific effects of bank regulatory regimes through hierarchical modeling of factor loadings. I suggest how these models can be applied to other types of phenomena—for example to combine existing political regime indicators to build a more informative measure of democracy.     

言息公开法中的国家安全例外浅议

国家安全例外是信息公开法公开例外的一种。国家安全例外可以细分为国家安全、国家防卫、国际关系和对外承担保密义务的信息。国家安全例外的保护机制有损害测试、公共利益测试、部长否决权制度、存在与否机制等。我国应在未来的信息公开法中对国家安全例外进行立法,通过严格界定国家安全,引入损害测试、公共利益测试和存在与否机制来对国家安全例外进行周到保护,并同时实现信息公开的最大化。     

Transdisciplinary public leadership theory: Between the extremes of “traditional public administration” and “new public management”

The 21st century public organization is faced with complex problems, informed stakeholders, and information flows, which necessitate a corresponding open system view of leadership. The traditional notions of public administration and new public management had been structured by strict bureaucratic rules and managerial flexibility, respectively. This paper begins by theorizing two hypothetical constructs (helicopter and deadbeat leadership), which engage in extreme micromanagement/surveillance and negligence/indifference, respectively. Those form basis for designing an optimal (transdisciplinary) leadership, which forges synergistic link between leaders, subordinates, and external actors in codesigning objectives and strategies to address societal problems. Strategies to promote transdisciplinary leadership are discussed.     

State Environmental Regulation and Economic Development: Are They Compatible?

An underlyingussumption of the partial preemption apprmh is the belief that minimum federal standmds contribute to the prospective decentralization of environmental protection programs by removing or reducing industry incentives to shop aroundfor states with a more lenient regulatory stance. This assumption was examined through a survey of chief executive oficers of pollution-generating firms. Tlze data suggest that corporate officials see regulatory climate m an important component of overhead ctxits. The author concludes that the desire to retain industries within state boundaries does inhibit the promulgation of strict environmental regulat ions by public officials.     

Development of the Natural Resources of the Moon and Other Celestial Bodies: Economic and Legal Aspects

The path of gradual commercialization of current space applications, such as launch services, satellite communication services, direct broadcasting services, satellite remote sensing and navigation services, and satellite weather monitoring services, will most likely be followed by future activities of use of space resources. Ventures, like mining the natural resources of the Moon and asteroids, are likely to become technologically feasible in the near future. The question is what would be the most appropriate approach to address the future needs of exploitation of space resources: should it remain the exclusive province of state governments; should the private sector take over such space activities; or should a public-private partnership type of venture be encouraged? As state governments are becoming constrained by budget deficits, an increased reliance on private sector involvement in space activities involving the extraction and use of space resources is to be expected. When deciding whether to invest in commercial ventures of resource use exploitation, any potential private investor will be faced with the issues of economic costs, risks, and perceived regulatory barriers. This study argues that the perceived regulatory barriers, i.e., the licensing requirement, the “common heritage of mankind” principle of international space law, and protection of intellectual property rights, are not obstacles to economic development. Governments should provide both policy and regulatory incentives for private sector participation in the area of space natural resource use by funding basic research and development and by sponsoring liability insurance for private ventures among other incentives.     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.     

美国应急志愿者管理制度及其经验借鉴

为了提高应急志愿者的组织化与专业化程度,美国建立了完善的应急志愿服务体系,实施了严格的应急志愿者认可与保护制度,并对无组织归属的志愿者进行了有效的管理。借鉴美国的经验并结合中国实际,文章提出了完善我国应急志愿者管理制度的建议。     

The Honor of Human Rights: Environmental Rights and the Duty of Intergenerational Promise

The idea of human rights either as a moral system or as a set of legal practices does not sit well with the concept of honor. This is true for both ontological reasons and because of some reprehensible misuses of the term in constructs such as “honor killings.” Yet the absence of honor as an argument for human rights comes with a high cost in the defense of human rights generally. As Hobbes made clear in his early theory, rights—and dignity—are grounded in the human capacity to make promises and in the necessity of honoring them. In his view then, honor is an essential feature of human rights and one closely linked to the human capacity for dignity. In this article, I explore how environmental human rights place a renewed emphasis on honor as a requirement for the protection of the rights of future generations. In the process, I explore the general relationship between honor, dignity, and human rights.     

POLLUTION LIABILITY INSURANCE AND THE INTERNALIZATION OF ENVIRONMENTAL RISKS

This paper summarizes conceptual and empirical research on the effects of using private insurance as an instrument for regulating the risks of the chemical cycle. The paper reviews the following issues: (1) the institutional choices in regulation activities that may cause latent damage; (2) the insurability of pollution liabilities; and (3) the actual problems with using the pollution liability insurance market as a regulatory tool.     

和谐社会视野下非刑罚化的价值取向与理论基础探析

以监禁刑为主的近代各国刑罚体系,在矫正罪犯和恢复社会秩序等方面发挥了举足轻重的作用。但在日益开放的现代社会中,以监禁刑为主的刑罚运行成本在不断增加,其改造效能也有待加强。非刑罚化是对犯罪行为处罚,在不适用刑罚而采其他处罚手段能达目的时,可排除刑罚适用的责任承担方式,其运行成本相对较低,且符合刑罚发展趋势和保障人权之需要。研究我国非刑罚化的价值取向及其理论与实践基础有着重要的理论和实践意义。     

Adaptive governance for the Internet of Things: Coping with emerging security risks

The Internet of Things (IoT) is a disruptive innovation known for its socio-economic potential, but also for generating unprecedented vulnerabilities and threats. As a dynamic sociotechnical system, the IoT comprises well-known cybersecurity risks and endemic uncertainties that arise as IoT adoption increases and the system evolves. We highlight the impact of these challenges by analyzing how insecure IoT devices pose threats to both consumer protection and the Internet's infrastructure. While recent regulatory responses are starting to target IoT security risks, crucial deficiencies – especially related to the feedback necessary to keep pace with emerging risks and uncertainties – must be addressed. We propose a model of adaptive regulatory governance that integrates the benefits of centralized risk regulatory frameworks with the operational knowledge and mitigation mechanisms developed by epistemic communities that manage day-to-day Internet security. Rather than focusing on the choice of regulatory instruments, this model builds on the “planned adaptive regulation” literature to highlight the need to systematically plan for a knowledge-sharing interface in regulatory governance design for disruptive technologies, facilitating the feedback necessary to address evolving IoT security risks.     

Varieties of consumer credit data regimes: A regulatory governance approach

Credit markets are expanding, and with them also the automated, large‐scale commercialization of personal credit data. The increasing use of data and scores for commodified decision making lends greater urgency to the study of credit data regulatory regimes. This article promotes a comparative regulatory governance perspective as the basis for theory‐driven, multidimensional measurement. In order to measure consumer protection, we distinguish three different subregimes (collection, profiling, and use) and construct a two‐dimensional index of consumer protection (market restriction and user empowerment). We then assess the index and demonstrate its applicability and validity, building on empirical analysis of the regulatory regimes in the United States, France, Sweden, and Israel for the year 2019. Our approach points to a new direction in researching and measuring regulatory regimes in a comparative manner, which looks beyond national analysis toward an in‐depth understanding of other, equally important, levels of variation.     

Approval voting,Condorcet's principle,and runoff elections

Approval voting allows each voter to vote for as many candidates as he wishes in an election but not cast more than one vote for each candidate of whom he approves. If there is a strict Condorcet candidate — a candidate who defeats all others in pairwise contests — approval voting is shown to be the only nonranked voting system that is always able to elect the strict Condorcet candidate when voters use sincere admissible strategies. Moreover, if a strict Condorcet candidate must be elected under ordinary plurality voting when voters use admissible strategies, then he must also be elected under approval voting when voters use admissible strategies, but the converse does not hold. The widely used plurality runoff method can also elect a strict Condorcet candidate when voters use admissible strategies on the first ballot, but some of these may have to be insincere to get the strict Condorcet candidate onto the runoff ballot. Furthermore, there is no case in which the strict Condorcet candidate is invariably elected under the plurality runoff method when voters use admissible first-ballot strategies. Thus, approval voting is superior to the plurality runoff method with respect to the Condorcet principle in its ability to elect the strict Condorcet candidate by sincere voting and in its ability to guarantee the election of the strict Condorcet candidate when voters use admissible strategies. In addition, approval voting is more efficient since it requires only one election and is probably less subject to strategic manipulation.     

The power of process: State capacity and climate policy

State capacity is central to the provision of public goods, including environmental protection. Drawing on climate policy making, this article argues that the division of labor between the bureaucracy and legislature in policy formulation is a critical source of state capacity. In cases of bureaucratic policy design, the legislature sets policy goals and delegates policy design to bureaucracies. This division of labor shifts distributional conflict to autonomous bureaucracies, allowing for effective policy design. California followed this path in climate policy making, setting it on track to meet climate goals. In cases of legislative policy design, bureaucracies set goals and legislatures design policy measures. Since legislators have incentives to respond to vested interests, legislative policy design is vulnerable to regulatory capture. In Germany, legislative policy design in climate policy making is preventing attainment of emissions reduction goals, as industry interests succeeded in blocking key policy measures. Our findings highlight procedural sources of state capacity.     

Thalidomide, BSE and the single market: An historical-institutionalist approach to regulatory regimes in the European Union

Abstract.  The success of the European Union in regulating the safety of products in the single market differs widely. In the last decade, the regulatory regime for pharmaceuticals has functioned without raising public concerns. The establishment of a European agency for pharmaceuticals in the early 1990s has been evaluated positively by both producers and consumers, and there have been no large scandals so far. At the same time, the food sector was subject to a whole range of crises, of which the BSE scandal was certainly the most significant one. In reaction to this, the regulatory regime for foodstuffs was reformed by setting up the European Food Safety Agency in 2002. This article adopts an historical-institutionalist approach, and thus tries to give an explanation for the striking differences between the two regulatory regimes. Accordingly, the development of supranational regulatory regimes is distinguished by two critical junctures: a crisis of consumer confidence and the establishment of a single market. It is crucial which of these occurred first. If a crisis of consumer confidence leads to the establishment of national regulatory authorities, these authorities act as stakeholders, which could be an obstacle for harmonization, but also ensures a necessary commitment to health and consumer protection once a single market is set up. If national regulatory authorities are missing, it might be easier to set up a single market, but a regulatory deficit is more likely to occur and, in case of a crisis, the whole regulatory regime has to be established at the supranational level.     

Assessing the regulatory model for water supply in Jakarta

This article assesses the regulatory model for urban water supply services in Jakarta, the capital of Indonesia. Water supply services have been privately operated there since February 1998 after two companies—Thames PAM Jaya (TPJ), operating in Eastern Jakarta, and PAM Lyonnaise Jaya (PALYJA), operating in Western Jakarta—signed 25‐years concession contracts with the state‐owned Jakarta City Water Company (PAM Jaya). An independent regulatory body, the Jakarta Water Supply Regulatory Body (JWSRB) was established in 2001. The article compares the regulatory system in Jakarta with the French and English approaches to water regulation. It then assesses this regulatory system from the perspective of customers in order to assess how well customer protection, a central purpose of regulation, is being performed. The article concludes that although the essential regulatory mechanisms and activities are operating in Jakarta, the key regulatory role of customer protection is not being performed because customers do not perceive that they receive an acceptable level of water supply services. Copyright © 2008 John Wiley & Sons, Ltd.     

Data Protection in Britain: Governance and Learning

This article focuses upon the implementation of data protection as a learning process involving both regulators and those whose information practices are regulated. From this conceptual perspective, and using the British data protection system as an example, it describes the interactions in this process of governance within the context of factors that influence implementation and affect the achievement of policy objectives. It refers to related analytical strategies for understanding governance and learning in this rapidly changing and technologically conditioned field of regulation.     

论罗马法中的刑事责任制度

罗马法中的刑事责任制度具有民事责任与刑事责任混同,以承担民事责任的方式解决刑事责任,平等责任与不平等责任并存和刑事归责采过错责任原则三个特点。罗马法中刑事责任制度特征的形成与其发达的奴隶制商品经济、贵族与平民相对平等的政治地位以及繁荣的法学研究有关。罗马法中的刑事责任制度对后世影响深远,应当重视对罗马法中刑事责任制度的研究。     

Responsibility to Protect or Right to Punish?

Abstract

This essay argues that the new global regime of R2P bifurcates the international system between sovereign states whose citizens have political rights, and de facto trusteeship territories whose populations are seen as wards in need of external protection. Under the direction of the UN Security Council, the International Criminal Court has become an integral part of the international R2P regime by allowing for the legal normalization of certain types of violence (such as Western counterinsurgency efforts), while arbitrarily criminalizing the violence of other states as ‘genocide’. In place of this unequal global regime, the essay concludes by arguing for an internally-driven process of political reform and legal reconciliation, as pioneered in South Africa.