Genesis of the CDM: the original policymaking goals of the 1997 Brazilian proposal and their evolution in the Kyoto protocol negotiations into the CDM

A body of literature is emerging applying critical consideration to the Kyoto Protocol Clean Development Mechanism’s (‘CDM’) achievement of policy goals regarding sustainable development, geographical distribution of projects and related matters. This article places this literature in the context of the policymaking goals of the CDM’s Brazilian architects. The CDM arose from the Brazilian Proposal’s Clean Development Fund, and was negotiated between Brazil and the United States in the weeks preceding the Kyoto Conference of Parties. The CDM’s Brazilian architects continued to pursue their underlying policy goals by taking a leadership position in the Marrakesh Accords negotiations. During this period Brazil’s primary policy objectives comprised achieving meaningful mitigation of GHG emissions to avoid dangerous interference with the climate system, derailing a perceived US/IPCC initiative to allocate emissions cap obligations in the Kyoto Protocol on the basis of current emissions, and taking a leadership position both among the G-77 and China and in the multilateral climate negotiations as a whole. The CDM arose in this context from the G-77 and China’s desire to coerce the North’s compliance with the North’s emissions cap obligations through an alternative means of compliance. As a result, there was no focus on broad conceptions of sustainable development, or on broad distribution of CDM projects throughout the South. Instead, the CDM’s Brazilian architects envisioned that CDM-related sustainable development would arise exclusively from the presence of the CDM projects. Similarly, the Brazilian Proposal advocated allocation of the Clean Development Fund on a basis proportionate to each non-Annex I countries projected 1990–2010 greenhouse gas emissions. These views persisted through the evolution of the Clean Development Fund into the CDM and through Marrakesh Accords negotiations. This article argues that the CDM has largely met the policy goals of its Brazilian architects and that the pursuit of different, additional, refined or more nuanced policy goals necessitates corresponding refinements to the CDM, or any successor mechanism, specifically targeting those different, additional, refined or more nuanced policy objectives, lending support to the emerging literature proposing changes to the CDM to pursue corresponding policy objectives.     

Disclosure in the EEA securities markets--making sense of the puzzle

The first 150 words of the full text of this article appear below. Key points

• This article looks at the various elements of thedisclosure regimes for issuers that are admitted to EEA-regulatedmarkets, including the initial requirement for the productionof a prospectus on admission and on-going requirements to discloseprice sensitive information as it arises and to make regularreports to the market.
• After a brief analysis of some of thesimilarities and differences between the various regimes, thearticle makes an attempt to reconcile the differences by lookingat each regime in the context of the others and viewing themas a continuum.
• Finally, remaining problems concerning multi-jurisdictionliability for disclosure in the EEA and potential liabilityfor forward-looking disclosure are discussed.

 

The Best Interests of the Child? Is the Best Interests of the Child in the Best Interests of Children?

The writings of Goldstein, Freud and Solnit, particularly someof the concepts they developed, have exercised a profound influenceon our thinking about children. A new, revamped, final, authoritativeedition presents the opportunity for critical re-assessment.The author finds a partial analytical framework, a dated imageof children, a narrow concept of children's rights, triggersfor intervention which leave children dangerously exposed and,above all, a sense diat events have moved on leaving the mostinfluential text of this generation firmly rooted in the ideas,problems and concepts of the last. The publication in one revised volume of the landmark trilogyof Beyond, Before and In¹ provides an excuse, if one were needed,to assess the impact and re-evaluate the arguments containedwithin the three monographs and now compressed and updated.Whether or not one agrees with all, or even any, of the ideascontained within Best Interests (as I shall now call the collection),and I shall criticize both applications and implications, theconcepts have impressed themselves, perhaps indelibly, on ourthinking about children. Like it or not, anyone thinking aboutchild law or policy, the relation between parents and children,the state and family, has to grapple with concepts like ‘leastdetrimental alternative’, the ‘psychological parent’,a child's sense of time and others of the rich ideas which permeateBest Interests.²     

Illicit arms trafficking and the limits of rational choice theory: the case of the Balkans

Organized crime is often conceptualized as a business enterprise formed by actors motivated by profits. The Balkans represents an ideal case for testing the extent to which assumptions about the image of actors involved in illegal arms trading can be extrapolated to the macro-level of analysis. Focusing mainly on public discourse, this paper points to several thematic categories of illicit arms trafficking: i) profit-oriented arms trafficking involving organized crime groups ii) trafficking of arms for the purpose of arming criminal-terrorist formations and iii) state-sponsored illegal arms trafficking. Although economic incentives appear strong in many cases, other cultural, social and political issues also frame the illicit arms market in the region. We argue that both understanding and policing organized crime should also embrace the non-economic nature of this type of criminal behavior.

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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On the frontline against money-laundering: the regulatory minefield

Intelligence gathering plays a vital role in the ‘war’ against money laundering. Particularly important in this intelligence gathering process is the global network of Financial Intelligence Units (FIUs) fed by a host of auxiliary (primarily financial) institutions required to report suspicious transactions. This paper briefly reviews the history of the international system of anti-money laundering measures imposed on the financial industry and other regulated businesses, the development of the global network of FIUs and their system of information gathering. It will examine some of the issues that arise from the regulatory framework within which this information gathering takes place. It will also address the issue of instrumental clarity and whether existing and new directives, requirements and approaches are sufficiently clear to enable reporting institutions on the ‘front-line’ to operate effectively. Liliya Gelemerova is a doctoral (PhD) student at Tilburg University and Senior Investigator at Nardello & Co.

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Implementation of the Transparency Directive--room for variations across the EEA

The first 150 words of the full text of this article appear below. Key points

• The Transparency Directive, which had to be implementedin the Member States of the European Economic Area (EEA) by20 January 2007, seeks to enhance transparency in European capitalmarkets by setting new minimum standards for periodic reportsand notifications of major holdings of voting rights. New ruleson dissemination and central storage of regulated informationwill also contribute to more transparency and drive harmonizationof disclosure practices in the longer term.
• Due to the minimumharmonization approach of the Transparency Directive, therewill be an array of different super-equivalent measures adoptedby Member States,¹ creating a complex picture across Europeanjurisdictions. The article discusses the types of issues thatnational regulators and legislators considered when implementingthe Transparency Directive into national law by looking at theUK and German examples.
• The article also discusses the consequencesof implementation of the Transparency Directive for non-EEAissuers, both in . . . [Full Text of this Article]

 

Hastings-Bass: the true and the spurious

In his article in Trusts and Trustees, 2007, volume 13, No 7,Dakis Hagen discussed the increasingly widespread application,and the uncertain limits, of the ‘Unruly rule in Hastings-Bass’.In this article, co-editor Tony Molloy QC questions whetherwhat has come to be called the Rule in Hastings-Bass is anythingmore than a baseless snare.     

Law,Genre and the Voice of the Friend

The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions, for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference), philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend” in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships” at the origin of all law and socius.     

At the Court of the Strange God

This article revisits the decision of the Australian High Court in Mabo (No. 2)for the purpose of determining what, in the legal thought displayed in the judgments, makes the category of sovereignty exclusive of the sovereignty of aboriginal peoples. Having regard to the téchnē of legal thought, it locates this exclusion in the substitution of nation for property relations of class, sex and race and, more specifically to sovereignty as a category of a still colonial law, in denial of the partiality of the standpoint of legal thought. This article proposes the need in Australia to attend to, thoughtfully, a fantastic and reconciliatory moment in the idea of sovereignty. This revised version was published online in July 2006 with corrections to the Cover Date.     

Education cooperation in the European Union at the threshold of the New Millenium

The principles of ‘double relevance’ and ‘user-friendliness’ are seen as being essential for the implementation of the EU education programmes SOCRATES II and LEONARDO da VINCI II. Against the background of the acquis in EU education cooperation two points are explored: a) the articles of the Treaty are not fully used, and b) the framework set is increasingly proving to be too restrictive. The Luxemburg process and the Bologna conference are the reason for the second point. The opinion is put forward that the exchanges of students and teachers and the information exchange can be further europeanized and, eventually, be organized in permanent European structures. This revised version was published online in July 2006 with corrections to the Cover Date.     

Deconstructing the Hustle: Investigating the Meanings of Hustling Within the Carceral State

Critical Criminology - This article describes the ways in which the formerly incarcerated participants understand “hustling” and the “hustle.” Based on ethnographic...     

On the Viability of the Concept of Staatswissenschaften

Staatswissenschaften is said to mean that there are certain specific fields of scholarly inquiry and higher education that relate primarily to the state, which is defined widely as structured human living-together. It is outlined why this is a concept viable for the future, particularly—but not only—in and for Europe.     

Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State

This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant.     

Legal Certainty and the Role of the Financial Markets Law Committee

The first 150 words of the full text of this article appear below. Key points

• The role of the Financial Markets Law Committee (‘FMLC’)is to provide specialist assistance to those who must meet thechallenges of reforming, modernizing and applying financiallaw by identifying issues of legal uncertainty that may facethe wholesale financial markets and by working to resolve them,if possible, before they give rise to any material risk.
• Itis the author's view that the FMLC is uniquely positioned toserve rule of law values such as legal certainty and legal stability.
• Thisarticle suggests that, in the light of the challenges facingthe financial markets today, the rapid emergence of new markets,the accelerating rate of financial products ‘innovation’,the impact of recent international and European initiativesto harmonize financial markets law and the prospect of law reforminitiatives not yet even underway, the FMLC has an importantrole to play for the future.

  Much is said and . . . [Full Text of this Article]    1. What is the FMLC?   The Financial Law Panel The FMLC's structure and processes    2. Why is the FMLC exceptional?      3. The Way Ahead       

Mala Captus Bene Detentus and the Right to Challenge the Legality of Arrests Under the ICC Statute

The parameters of legal structures within which perpetrators of most serious international crimes are surrendered to the ICC and the legal frameworks within which the rights of such individuals are best protected are not sufficiently precise in international law. By examining both international and some national jurisprudence with regard to mala captus bene detentus practice, the reach of the right to challenge the legality of one’s arrest is evaluated with a conclusion that there is no uniform state or international practice and that the ICC Statute does not resolve the status of the doctrine nor does it regulate the effects of abuse of process against accused persons.

From the Contract of Employment to the Personal Work Nexus

This article describes the author’s plans for and designof his research project upon the Personal Work Contracts inEuropean Comparative Law; it seeks consultation with the readershipabout those plans and that design; and it develops two linkedaspects of the theoretical infrastructure for that project,namely the analysis of the ‘family of personal work contracts’and the analysis of the ‘personal work nexus’. Theanalysis in terms of the ‘family of personal work contracts’asserts the validity and utility of the wide and inclusive notionof the ‘personal work contract’ as a central organisingcategory for individual employment law and of a multi-dimensionalway of viewing and understanding this category as a family ofcontracts within which the contract of employment is of courseimportant but is not an over-dominant paradigm. The analysisin terms of the ‘personal work nexus’ argues thatthe contracts within this ‘family of personal work contracts’may be better understood if they are placed in the explanatoryframework of the ‘personal work nexus’, which isa concept of a yet looser and more comprehensive set of legallinks or connections within which personal work relations maybe cast. Ways are suggested in which these analyses may contributeto the better meeting of the regulatory needs of personal workrelations and in which those analyses might be refined and testedby means of a European comparative methodology.     

Reporting of crime to the police in the Federal Republic of Germany: A comparison of the old and the new lands

A victimization survey of 7,026 households in the former east and west German Länder (states) carried out one year after the unification of Germany presented a unique opportunity to examine factors associated with the reporting of crime to the police. Logistic regression was used to identify factors associated with variation in the dependent variable, reporting of crime to the police, controlling for victimizations which occurred prior to and subsequent to unification, as well as whether the victim resided in the former east or west German Länder. The amount of loss in German Marks or seriousness of physical injury were the principle determinants of whether a crime was reported to the police.     

The Process is the Rule and the Punishment is the Process

Andrew Ashworth, The Criminal Process: An Evaluative Study , Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice , London: Butterworths, 1994, 496 pp, pb £18.95.