Attainability of International Environmental Agreements as a Social Situation

This paper applies the theory of social situations to study whether international environmental agreements (IEAs), mainly those on greenhouse gas emission reductions, can be attained. A game theoretic model is generally a black box for decision makers, where the mechanisms, which lead to solution(s) of the game, are not explicitly pointed out. This paper opens this black box by making the (institutional) move rules explicit. The usual pessimistic outcome with an ineffective and small size of stable coalitions among world regions is countered. Our model challenges conventional wisdom in the sense that large coalitions are possible outcomes of the cartel game, namely by incorporating: (1) farsightedness, and (2) coalitional moves with commitment as an alternative to myopic and individual moves which characterise the cartel game. We show that even if the international negotiations on climate change mitigation are modelled as an n-person prisoner's dilemma, one cannot rule out cooperation among world regions as a solution of the game. Indeed, in most analysed situations the grand coalition is among the solutions of the game. This shows that predictions based on cartel stability may be too pessimistic if it comes to analysing incentives to cooperate in implementing international environmental policy. Moreover, in an empirically calibrated model, we find three out of six instances where Russia (with or without the US) has an incentive to sign the Kyoto protocol.     

Nash bargaining solutions for international climate agreements under different sets of bargaining weights

Bargaining is a tool to share collaborative gains and to facilitate reaching agreement. To improve incentives to join an international climate agreement (ICA), the Nash bargaining solution can be used to distribute cooperative gains across signatories. In this paper, we examine how the formation of ICAs and their mitigation efficiency are impacted by the use of the Nash bargaining solution. In a Nash bargaining game with heterogeneous players, bargaining powers are unequal and may be driven by different characteristics of the players. We employ different sets of asymmetric bargaining weights in order to examine the effectiveness of climate coalitions that emerge as stable agreements. Using the Nash bargaining solution, we obtain results from the stability of coalition model (STACO). We find that the Nash bargaining solution can improve the participation incentives and performances of ICAs as compared to agreements that do not redistribute gains from cooperation, but its capacity to overcome free-riding incentives is limited. However, if Nash bargaining accounts for outside options of players, we find larger stable coalitions and higher global abatement levels. In fact, Nash bargaining with outside options can stabilise the largest coalitions that can possibly be stable in our game.     

Measures to enhance the success of global climate treaties

We analyze important forces that hamper the formation of successful self-enforcing agreements to mitigate global warming from an economic point of view. The analysis combines two modules: (a) an integrated assessment model that captures the feedback between the economy, environmental damages and the climate system and (b) a game theoretic model that determines stable coalitions in the presence of free-riding incentives. We consider two types of measures to enhance the success of international environmental treaty-making: (a) transfers, aiming at balancing asymmetric gains from cooperation; (b) institutional changes, aiming at making it more difficult to upset stability of a treaty. We find that institutional changes may be as important as transfers and should therefore receive more attention in future international negotiations.

Assumptions of gain preference and choice of action by states in international legislation: From the perspective of international relations

Upon entry into the vision of scholars in international relations, game theory has quickly become an effective approach to analyzing international conflicts and cooperation, and has been broadly adopted by neo-realism and neo-liberalism, which are two dominating aspects in the current theories of international relations. The former argues that the states participating in the game always follow relative gains, hence achieving a pessimistic conclusion on international cooperation, while the latter argues that the states participating in the game always follow absolute gains and deduce an optimistic prospect for international cooperation, which provides a useful way to analyze the confrontation and cooperation of states in international legislative game. Of course, it is aware that gain preference and choice of action by states in international legislative game are also conditioned by other factors.     

Distributional Conflicts and the Timing of Environmental Policy

This paper examines the timing of adopting a policy for tackling an environmental issue such as climate change from a viewpoint of distributional conflicts. A dynamic game of providing public goods (Alesina and Drazen, American Economic Review 81(5), 1170–1118 (1991)) is applied to the argument, modified by including abatement costs as well as the loss in the environment. In this framework, even if the immediate adoption of environmental policy is socially optimal, a disproportionate burden of pollution reduction leads to a delay in policy adoption. This is because the disproportionate burden increases the gain from waiting for each individual hoping that the other will agree to bear the heavier burden. The impact of income distribution on the timing is also examined. The level of averting behavior is assumed to depend on the level of income. If the distribution of income is more dispersed, the regional disparities in environmental degradation become larger because the poor tend to avert less and get more loss than the rich due to their tighter budget constraints. Under asymmetric information on damages, as the disparities in income become more dispersed, each individual expects that his/her opponent’s damage becomes severe; then, he/she gives in first. Thus, each individual holds out longer so that the timing of policy implementation is delayed further. Finally, the theoretical result is empirically tested by both probit and discriminant analyses to examine whether income distribution has an impact on the timing of ratifying the Kyoto Protocol in practice.     

International environmental agreements with agenda and interaction between pollutants

This paper analyzes how the sequence of negotiating agreements on each pollutant affects coalition behavior in international environmental agreements (IEAs) when multiple and correlated pollutants exist. I consider a model in which countries suffer from two pollutants with different externality characteristics and attempt to cooperate by sequentially negotiating on IEAs. The membership outcome depends on the environmental concern, abatement technology, spillover effect and most importantly the correlation between pollutants as either substitutes or complements. I find that cooperation in the first stage can facilitate later negotiations and that countries are prone to cooperate on a pollutant of common concern. Moreover, except for symmetric countries, different negotiation agendas may result in distinctive participation outcomes when pollutants are complements. Therefore, with systematic policy design, the negotiation sequence can serve as another method to encourage participation and cooperation in IEAs.     

南海区域安全与区域化法律准则认同探究

区域合作不仅仅在于利他主义的形成,重要的是在合作博弈中的均衡。合作与竞争之间是一种对立关系,有序的竞争才能等于合作。然而,任何竞争要想实现有序性必须有安全作保障,没有安全的竞争必然是一场战争。同样南海区域中的各个国家的竞争更需要安全作保障,而南海区域安全与区域内的法律准则的认同有着直接的关联性。历史的经验证明了只有中国才能实现这种目标,也只有中国主导下的区域法治才能够实现南海区域内的竞争是有序的。对区域安全及主权理论的反思有利于推导出区域内危险根源——主权理论扭曲,与竞争有序性的必要条件——区域化法律准则的认同与中国主导下的区域法治。     

Preferences,prisoners and private information: was socrates rational at his trial?

Using concepts from game theory, political economy, law and economics and the economics of asymmetric information, we describe the economics of one of the most famous trials in history—that of the Athenian philosopher Socrates. We discuss the question of whether Socrates’ actions during his trial were rational, using two different models. Our analysis sheds some light on institutional efficiency in trials that followed the classical Athenian pattern.     

CEPA框架下内地与港澳环境保护合作的法律问题思考

我国内地与港澳之间进行环境保护合作具有深刻的国际和国内背景,CEPA协议的深入实施为三地进行环境保护方面的合作创造了良好的契机,同时也显露出三地在环境保护合作过程中于服务贸易、货物贸易及合作投资方面存在的法律问题。提出从处理好自由贸易与可持续发展的关系、以环境保护科技产业合作带动三地环境保护合作、注重环境保护合作实现方式上与CEPA的良性结合等方面推动内地的环境保护和完善CEPA下内地与港澳的环境保护合作的法律制度的建议。     

Free trade agreements for the environment? Regional economic integration and environmental cooperation in East Asia

Traditionally, it has been argued that increased economic competition through free trade agreements would bring about environmental degradation. This study, however, argues that recent international free trade agreements have tended to enhance environmental cooperation among participating countries. This study has examined the process by which East Asian countries have developed mechanisms for the extant level of regional environmental cooperation, particularly highlighting the reasons for commonalities and differences in regional environmental cooperation between ASEAN and the dominant economies in the region. It finds that three factors particularly matter for developing regional environmental cooperative mechanisms: networks of intergovernmental organizations, the strong willingness of political leaders which is often embodied in national strategies for regionalism and the establishment, and the institutionalized linkage—particularly through FTAs—between trade and the environment. Tracing the process of policy evolution within three groups of countries sheds light on the political conditions under which the four entities involved (the ASEAN, Japan, China, and the Republic of Korea) have produced and strengthened cooperative environmental mechanisms among them along with free trade agreements. Focusing especially on the environmental policy changes in Japan, China, and the ROK associated with the creation of its FTAs with ASEAN, the study concludes that each of free trade agreements has incrementally developed environmental cooperation, especially when integrated into a vision for regional integration.     

The formation of an international environmental agreement as a two-stage exclusive cartel formation game with transferable utilities

We construct a two-stage exclusive cartel formation game with utility transfers to model the formation process of an international environmental agreement. Our results show that in the first stage of low degree of consensus, engaging in utility transfers by asymmetric countries will accomplish little. In contrast, in the second stage of higher degree of consensus, it is more likely for asymmetric countries to engage in monetary transfers to form the grand coalition, particularly if a small stable coalition has already been formed in the first stage. This article therefore provides a theoretical perspective to explain why it is more likely for some developed countries to initiate an IEA formation process by forming a small stable coalition first before engaging in monetary transfers to form the grand coalition with all the other countries. Such a perspective is consistent with the historical development of the Montreal Protocol and may also explain the difficulty for asymmetric countries to form the grand coalition at the beginning of the IEA formation process of the Kyoto Protocol.

优化部门协同:理顺部门非对称协调配合关系的应对——以防控新冠疫情为例

在政府治理中,部门协调配合是机制常态.协调配合中的部门处于非对称关系,这一关系处理不当,定会离散部门协调配合.优化部门协同,是理顺部门非对称协调配合关系的应对,对健全部门协调配合机制具有对症、对应、对焊的重要意义.     

The environment as a strategic priority in the European Union–Brazil partnership: is the EU behaving as a normative power or soft imperialist?

In 2007, Brazil entered the European Union’s (EU) list of strategic partners; a token of recognition of the place Brazil occupies in current global affairs. Although promoting bilateral environmental convergence is a stated priority, cooperation between the EU and Brazil in this policy field is largely under-researched, raising interesting questions as to whether the current state of play could support EU claims for the normative orientation of its external environmental policy. Through an analysis of partnership activities in the fields of deforestation and biofuels, we suggest that while normative intentions may be regarded as a motivating force, critically viewing EU foreign environmental policy through a ‘soft imperialism’ lens could offer a more holistic understanding of the current state of bilateral cooperation. While the normative power thesis can be substantiated with regard to deforestation, we argue that by erecting barriers to shield its domestic biofuels production, the EU is placing trade competitiveness and economic growth above its normative aspirations. Subsequently, the partial adoption of sustainable development as an EU norm leads to policy incoherence and contradictory actions.     

Messages from a middle power: participation by the Republic of Korea in regional environmental cooperation on transboundary air pollution issues

This paper addresses the question whether or not regional middle power states are capable of making a significant contribution to enhancing regional cooperation via regime creation processes. A combination of “nonregime” and the middle power analysis is applied to produce hypotheses about less-developed cases of regime creation in Northeast Asia. Among the attractions of such an approach are that (1) cases of failure to create international regimes as well as cases of success are important to understand the emergence of global governance institutions, and (2) the different roles of various state actors should be understood beyond hegemonic power. The explanatory power of this approach is illustrated by transboundary air pollution issues in Northeast Asia, chosen because the international relations literature has emphasized the development of European regional environmental cooperation and global environmental issues. The paper examines participation by the Republic of Korea (ROK) in both comprehensive and issue-specific environmental cooperative mechanisms to tackle transboundary air pollution. It concludes that the ROK as a middle power has played a promising role to initiate and lead some positive competition between member countries, but at the same time, it highlights challenges that need to be met for creating solid regional environmental cooperation.     

Does context matter in academic entrepreneurship? The role of barriers and drivers in the regional and national context

With pressure on universities to better contribute to society, academic entrepreneurship is an increasingly recognised source of new knowledge and technologies as well as being a driver of the movement to a knowledge society. However, whilst growing, the level of academic entrepreneurship in Europe is still relatively low. Two reasons that are factors influencing this are inhibitors (barriers) and facilitators (drivers), however the understanding of how their interplay influences academic entrepreneurship, particularly across different context is lacking. For this reason, this study focussed on two environmental settings, European regions and countries, seeking to understand if it is the hurdle (barrier) or (and/or) tail-wind (drivers) that most impacts academic entrepreneurship and how does the regional or national context influence this. An online survey was translated into 22 languages and undertaken in 33 countries in Europe and the European Economic Area. From the original data set, 12 countries in four European regions provided a sample of 2925 responses, with a second step to focus on four ‘lead’ countries within those regions. The results show that there is a significant difference in the university-business cooperation barriers and drivers that effect academic entrepreneurship in the European regions. Furthermore, different barriers and drivers were found to significantly affect the four lead countries with barriers and drivers being able to provide a good explanation of the extent of academic entrepreneurship in the UK and Germany, and a limited explanation of entrepreneurial activity by Spanish and Polish academics. Overall the article contributes to the literature of resource-based theory and also the understanding of factors influencing European academic entrepreneurship.     

Quantification of forensic DNA from various regions of human teeth

When the use of traditional forensic identification methods such as fingerprints or dental radiographs is difficult or impossible, identification by DNA analysis has proven valuable. In situations such as explosions or airplane crashes, identification is even more difficult because human remains are often fragmented and may be commingled. Teeth are a useful source of DNA and can often survive extreme environmental conditions. However, teeth may be fragmented into several identifiable regions. Therefore it is important to determine if DNA is present in forensically significant yields in all regions of the tooth. The main objectives of this study were to determine which region(s) of the tooth contains quantifiable DNA, if all regions contain similar yields of DNA and whether there is enough DNA in all regions to justify DNA extraction from a found tooth fragment. Results demonstrate that there is sufficient quantity of DNA in the crown body, root body, and root tip to support DNA extraction. Additionally, the root body is the region with the highest yield of DNA. This information will aid forensic DNA analysts in producing a useful DNA profile in a timely and cost-effective manner.     

博弈与妥协——欧盟联合侦查小组：理论、法律与实践问题探究

欧盟联合侦查小组基于欧盟成员国共同侦破某些严重犯罪案件而设立，它在权力与权力、权力与权利、惩罚犯罪与保障人权、诉讼效率与公平的博弈和妥协中逐渐成长。在这一过程中，应该不断地解决国家主权和侦查权关系、侦查权的扩张与限缩、法律缺失或不完善及不统一、与欧盟其他机构关系、信息的收集处理和共享等一系列问题，以期能够更好地发挥其应有效能。这样不仅能完善自身理论、法律和实践中存在的不足和缺陷，也为欧盟乃至整个国际社会的侦查大环境进行优化，同时还可向其他国家和地区提供有关经验以资参考。     

环境责任相关理论及其实现机制的完善

良好的环境立法并非就一定能带来预期的生态秩序,实现环境法的最终目的需要对包括责任理论在内的完善。完善的 环境责任包括了静态意义上的归责体系,也包括动态意义上的运行模式,加强各种责任之间的合作和协调;同时,应当建立起能够连 接公权和私权之社会公益诉讼的环境责任实现机制。     

互联网平台企业劳动用工策略的博弈分析

互联网平台企业中多元化的用工方式和灵活自主的用工制度强力冲击着传统劳动关系的边界,其便利的监管手段和大数据分析功能在某种程度上进一步加剧企业与劳动者地位不对等的程度,致使企业与劳动者关系不和谐、平台劳动者的身份难以明晰、劳动者的合法权益也未能得到有效的保护。目前司法实践、管理学界在保护平台劳动者的合法劳动权益、互联网平台企业与平台劳动者的关系类型及互联网平台企业的用工策略选择等问题上均未有定论。本文通过文献梳理总结出互联网平台企业和平台劳动者之间存在的劳动关系和劳务合作关系,并从合同法角度加以佐证。在此基础上构建企业与劳动者博弈收益分析模型,以及二者在劳动、劳务合作关系下的演化博弈模型和政府介入的有限博弈模型,发现互联网平台企业与平台劳动者的具体收益取决于双方的关系类型和相关参数的变化。     

行政诉讼目的论

目的论是人性论。它是行政诉讼法学研究的前提性理论,对它的研究不仅具有理论价值,且更具实践意义。由于行政诉讼具有多维性,它既是权利与权力的共同规则,又是从“实然”中寻找“应然”的科学,既是权利对权力说“不”的游戏,又是为权利而奋斗的机制。因此,行政诉讼之目的也就具有多元性——可分解为程序正义、利益平衡、促进合作以及道德成本最低化等若干层面。