Asymmetric barriers in atmospheric politics of transboundary air pollution: a case of particulate matter (PM) cooperation between China and South Korea

International Environmental Agreements: Politics, Law and Economics - Existing studies have argued that regional cooperation is urgent in order to tackle transboundary air pollution. However, few...     

Tributary-level transboundary water law in the Syr Darya: overlooked stories of practical water cooperation

Conventional emphasis on basin-wide water management has often resulted in the formation of transboundary water law on the basin or near basin scale. In Central Asia, however, the Syr Darya Basin possesses an abundance of tributary-level cooperative agreements that guide and codify water sharing and management on the sub-basin scale. To understand the volume and nature of this cooperation, this paper compiled and analyzed a set of agreements that apply to small transboundary tributaries (STTs) in the Syr Darya Basin. The paper assembled the largest collection of STT water agreements—123 in total—and classified such documents according to a range of criteria including: purpose and objectives, water management issues, and operational mechanisms. Results of this work highlight a rise in sub-basin-scale cooperation in the first decade of the twenty-first century, a time when large-scale cooperation appeared tenuous; a practical orientation to transboundary water management at a small scale; and an abundance of treaties of short time duration. These findings present options related to scale, time duration and focus of transboundary water law that can help inform future treaty development.     

The weakness of the strong: re-examining power in transboundary water dynamics

This article proposes a re-examination of how power is conceptualized within transboundary hydropolitics by arguing that power has been misrepresented in the water resources literature. Overemphasis on the factors of a country’s relative power, riparian position, and technological potential to exploit the resource has led to assumptions that the non-hegemon(s) is often unable to achieve their own positive outcomes and that the outcomes of interactions between hegemons and non-hegemons are predictable and detrimental. However, it appears that there are many examples that run counter to the power narrative that employs these factors. This study argues that this overemphasis neglects hegemonic vulnerabilities, which, when included with hegemonic capacities, are much more instructive in explaining transboundary water dynamics. The sources of the weakness of the strong of the alleged hegemon originates from several sources, including interlinkages between water and non-water issues, internal and external expectations, and consideration of whether the water-related issue at hand is crucial to each party’s survival or whether the party has the luxury to survive the outcome of the resolution. These factors allow for non-hegemons to achieve more favorable outcomes and, when incorporated in analysis, provide a fuller picture of the true power balance in each transboundary water interaction. We therefore call for a reconceptualization of power dynamics in transboundary waters that accounts for structural weaknesses present within all parties.     

The doctrine of liability fixation of state responsibility in the convention on transboundary pollution damage

International Environmental Agreements: Politics, Law and Economics - Transboundary pollution is an international problem. There are currently no adequate mechanisms under international law to...     

Local causes,regional co-operation and global financing for environmental problems: the case of Southeast Asian Haze pollution

Lack of action on cross-border environmental problems in developing countries is often ascribed to gaps in local capacity and resources, failure of regional cooperation and lack of financial support from rich countries. Using the case of the Southeast Asian Haze pollution from forest and peat fires in Indonesia, we explore the challenges posed by environmental problems whose causes are closely linked to local development and livelihood strategies, and whose impacts are local, regional (haze) as well as global (carbon emissions). We assess whether there are real opportunities to implement effectively the recent Association of Southeast Asian Nations (ASEAN) Agreement on Transboundary Haze Pollution. To address the deep determinants behind haze pollution, we propose signatories to the Agreement refocus their efforts to controlling peat fires rather than to strive for a zero-burning regime. We also recommend a new approach to financing sustainable development based on rules and incentives, with a regional pool of funds, contributed by rich countries through the Global Environment Facility and countries in Southeast Asia.

中国对专属经济区船舶污染的司法管辖权

船舶污染的法律管辖会涉及海洋各国的利益,尤其是对专属经济区的司法管辖权。中国对于专属经济区船舶污染的司法管辖权的法律渊源主要是《海洋法公约》和中国有关法律。《海洋法公约》规定了行使司法管辖权的实体上的条件和程序上的要求,中国有权依法行使对在其专属经济区海洋污染的船舶进行民事诉讼的司法管辖权。     

Correction to: Effects of funding mechanisms on participation in multilateral environmental agreements

International Environmental Agreements: Politics, Law and Economics - In the original publication of the article, there were few mistakes in the text, tables and figure. The corrected text has been...     

船舶污染造成的海洋环境损害赔偿范围研究

分析了海洋环境、海洋资源、海洋生态的含义,区分了资源损失与财产损失、渔业资源损失与渔业损失、渔业资源中长期损失与天然渔业资源损失的不同。在此基础上,提出了“海洋环境损害”的定义,主张放弃“渔业资源中长期损失”的提法,海洋生态环境损害和天然渔业资源损害等都应属于利润损失之外的环境损害,而且对此种海洋环境损害的赔偿,只应限于已实际采取或将要采取的合理复原措施的费用。     

The European market of 1993: Test for a regional model of supranational criminal justice or of interregional cooperation in criminal law

This is a revised version of a paper presented at an international workshop on Principles and Procedures for a New Transnational Criminal Law. organized jointly by the Society for the Reform of Criminal Law and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991.     

论大股东挪用上市公司资金行为之有效规制--由中国证监会、国资委联合签发通知所引发的思考

民事责任方式无法对大股东挪用上市公司资金行为实现有效的规制,应当充分发挥刑罚的功能。应重新界定上述行为之性质;着重从主体、主观方面、客观方面等角度明确该类犯罪的构成要件。     

Reliance on internal autopsies in coronial investigations: a review of the issues

Internal autopsies are invasive and result in the mutilation of the deceased person's body. They are expensive and pose occupational health and safety risks. Accordingly, they should only be done for good cause. However, until recently, "full" internal autopsies have usually been undertaken in most coroners' cases. There is a growing trend against this practice but it is meeting resistance from some pathologists who argue that any decision as to the extent of the autopsy should rest with them. This article examines the origins of the coronial system to place in context the current approach to a death investigation and to review the debate about the role of an internal autopsy in the coronial system.     

Mentalisation-based therapy (MBT) in a high-secure hospital setting: expert by experience feedback on participation

Evidence for mentalisation-based therapy (MBT) is increasing in relation to the treatment of personality disorder. Individuals with personality disorder are over-represented in inpatient, forensic and forensic inpatient mental health services. This study explores MBT within a forensic setting as an intervention designed to moderate deficits linked to violence and to improve adaptive coping. Interpretative phenomenological analysis was conducted on interviews with four patients who completed MBT at a high-secure hospital. Findings suggest that MBT-enhanced participants’ mentalising which had a positive impact upon their capacity to manage their behaviour and emotions. MBT further enabled participants to process past experiences of violence and develop some degree of empathy for others, which led to a trend in abstinence from risk behaviours. Findings contribute a secure inpatient perspective on the experience of MBT and to MBT clinical outcomes.     

The unexpected effect of social status on reproduction: a case study in Joseon Korea from the nineteenth to the twentieth centuries

We examine how parents have made decisions about the number of children they have, given their social status in accordance with residential location (either urban or rural areas) and time (either the pre-modern or modern periods). We use two sets of microdata – Jokbo and Jejeokbu – spanning the early nineteenth to mid-twentieth centuries in Korea. Combining the two data-sets, we use multiple imputation to fill the missing entries of some observations and apply a Poisson regression model on the augmented data. Our empirical results reveal statistically significant evidence that higher socioeconomic status is related to having more children. Additionally, our findings indicate that: (1) all else being constant, among high-status people, rural residents had more children than urban families; (2) for people born between 1800 and 1945, those born closer to the 1940s tended to have fewer children; and (3) during modernization, there was still a significant trend for high-status families to have more children.     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

Belgian regional parliaments and the European Union: an analysis of parliamentary scrutiny in agricultural and environmental policies

ABSTRACT

Drawing on qualitative case studies of two specific European decision-making processes in the agricultural and environmental sectors, this paper discusses how and why Belgian regional parliaments activated (or not) their control mechanisms to scrutinise their respective regional ministers. The findings show that parliamentary scrutiny of the agricultural and environmental policy fields has undergone a process of institutional and behavioural Europeanisation. Belgian regional parliaments rely mostly on classical parliamentary tools aimed at gathering information and, to a lesser extent, on constraining instruments aimed at influencing their government. Rather than trying to influence the EU negotiations, the MPs try to assess the potential impact of the reforms on their regional policy sectors. The findings also demonstrate that domestic media coverage and political salience of the EU negotiation associated with important implementing powers of regional parliaments have a positive effect on the level of scrutiny conducted by Belgian regional assemblies.     

行政法视野下参与型公共行政模式的构建分析

本文从宪政与政府再造两个层面阐述了公民行政参与的价值,分析了传统体制下中国公民行政参与的匮乏,认为现阶段我国仍存在着有效的社会参与机制不足的现象,在此基础上探讨了参与型公共行政模式的构建问题,认为以人文主义为精神核心的现代行政法,可以为参与型公共行政模式的建立提供理论与制度支持。     

Women in a changing economy: the misleading tale of participation rates in a historical perspective

In this article I focus on women's advancement in the Swedish labour market during more than a century. By applying a long-term perspective I give the historical background to what is commonly seen as a success story. By reassessing census and labour force survey data I show that participation rates may tell a misleading tale not only for the past but also for the present. In a long-term perspective, Sweden does not stand out as a country with high female labour force participation rates. It was not until the mid-1960s that market work came to play a larger part of women's life, since young women worked until they had children and older married women returned to the labour force after having raised a family. During the late 1960s and the 1970s, women with children under the age of seven became an integrated part of the labour force. It seemed as if welfare reforms supported women's market work in an unprecedented way; gender differences in labour force participation decreased and became very small. A reassessment of labour force participation rates together with alternative measures of market work such as at-work and market-hours rates show that similarly to how they underestimate women's market work and contributions to production during the early decades of the twentieth century, they overestimate women's market work at the end of the century, neglecting the extent to which reproductive responsibilities still interfere with women's paid work through absence and part-time work.     

海运、空运与陆运：规则的割据与统一

过去数十年来，运输法一直处于支离破碎的状态，充斥着过分多样化的条文，各种特殊规范和国际公约、法律、法规、一般交易条款构成一个十分模糊、可预见性差的规范体系。这种情况对于保障交易安全尤为不利，而且也造成了竞争的扭曲，由于规则的不统一，使得不同运输方式的承担者之间不能够展开公平竞争。在分析运输法整合之必要性和紧迫性的基础上，指出适度的统一立法有助于消除物流行业中的不公平竞争，适应经济发展对于高效、有序、安全的运输物流的需求。     

Policing in the People's Republic of China: a review of recent literature

Recent literature on policing in the People's Republic of China, though very limited, has encompassed a wide range of topics including police organizations, roles and functions, subculture, policing strategies (such as community policing, campaign style policing, and the comprehensive management approach), and a number of issues and problems (such as abuse of power, accountability, and police citizen relations). These studies serve to establish a foundation for a better understanding of the complex social control in China. The present study summarizes the findings of recent research, identifies its limitations, and discusses the directions and challenges in future research.

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