全球法律一体化的理论反思

全球法律一体化问题是法律全球化问题的一个重要方面。21世纪，全球法律正处于空前的融合发展阶段，世界各国和地区之间法律的互相影响甚至趋同化趋势勾勒出了前所未见的全球法律发展图景。但是，立足于历史和现实．我们既要看到一体化给世界法律发展提供的契机，也要看到一体化之下隐藏着对公平、正义、本土资源甚至和平与稳定的重大挑战。本文从“一体化”的危机意识入手探求和谐发展法律全球化之路。     

Dualism and the limits of European integration

I should like to express my gratitude to members of the Faculty of Law at the University of Bergen, to whom I presented an earlier version of this paper. I should also like to thank Clare McGlynn for her helpful observations on an earlier draft.     

On the integration of public law jurisprudence

After two to three hundred years of development, modern public laws have become more and more important, mature and integrated especially since the 20^th century. Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc. Nevertheless, with all-around emergence of public law, the traditional research method can no longer adapt to the development needs of the modern public law. Therefore, it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws, so as to do comprehensive, integrated and systematic researches on various sectional public laws. Based on the indepth argumentation about the necessity of developing unified public laws, this paper further puts forward that, to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it, the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria, common public law features and general public law rules and so on; form its theoretical basis on the line of the relations between public power and the citizen privilege; establish its category structure found on the concept of public power and the derivative core and basic categories; and build up the disciplinary system based on the systematic integrity of the public law research results.     

European integration from the agency theory perspective

European integration is a process in which national governments look for higher levels of integration and promote new requests for allocations from the supranational authority while the balance between the benefits and costs of the supranational collective action becomes increasingly favourable. This process may be analyzed as an agency problem where different national governments, acting as principals, try to lead a single agent—the supranational authority—to make a decision on the level of integration. In this paper, decisions on integration of equilibrium are studied as the result of a non co-operative two-stage game, where national governments outline their political support strategies in the first stage and the supranational authority decides the level of integration in the second stage. JEL Classification D72     

International integration and the determinants of regional development in China

Concerns about the duration of China??s growth and hence the question of a permanent significant contribution of China to world economic growth relate, amongst other things, to the problem of reducing regional disparity in China. While China??s high average growth is driven by a small number of rapidly developing provinces, the majority of provinces have experienced a more moderate development. To obtain broad continuos growth it is important to identify the determinants of provincial growth. Therefore, we introduce a stylized model of regional development which is characterized by two pillars: (1) International integration indicated by FDI and/or trade lead to imitation of international technologies, technology spill overs and temporary dynamic scale economies, and (2) domestic factors indicated by human and real capital available through interregional factor mobility. Using panel data analysis and GMM estimates our empirical analysis supports the predictions from our theoretical model of regional development. Positive and significant coefficients for FDI and trade support the importance of international integration and technology imitation. A negative and significant lagged GDP per capita indicates a catching up, non steady state process across China??s provinces. Highly significant human and real capital identifies the importance of these domestic growth restricting factors. However, other potentially important factors like labor or government expenditures are (surprisingly) insignificant or even negative. Extending the model using an unbalanced panel leads to a positive effect of the quality of governance and institutions on development.     

Environmental policy integration and the architecture of global environmental governance

This article discusses environmental policy integration—a concept so far mainly applied to domestic and European politics—at the global level. The article distinguishes between integration of institutions, of organizations, and of their bureaucracies, and it addresses both internal integration (within the environmental policy domain) and external integration (between environmental policies and non-environmental policies). The overall focus is on one set of policy reform proposals that have been salient in the global environmental governance debate for the last decades: the question of whether the creation of a world environment organization would improve the effectiveness, legitimacy, and efficiency of global environmental governance. We revisit this debate and explore the options for organizational change, including clustering, upgrading, streamlining, and hierarchical steering, with a focus on whether the reform proposals can bring about environmental policy integration. We conclude that in the longer term, upgrading of the UN Environment Programme to a UN specialized agency, with additional and increasing streamlining of other institutions and bureaucracies, offers the most potential for environmental policy integration and does not appear to be unrealistic.     

On integration of police and procurator

In order to reform and improve the relationship between the police and the procurator, it has been asserted for many years that the system of integrating the police and the procurator, under which the procuratorate leads the police, should be established in China. However, it still has not been resolved. For ages it has been ignored that integrating the police and procurator in foreign countries is essentially based on the separation of powers and the litigious idea on doctrine of function and power. This system is not conformed with the primary purpose of the criminal justice system reform in China, which will result in misunderstanding the idea and ignoring the specialty of the political and law systems. Therefore, if the abuse is discovered only in the system of integrating the police and procurator, the outlet will never be found. The point is that, the reform should depend upon the change and the discrimination of the ideology. By only cloning the system of other countries, the inner relations won’t be seen.     

Evaluation and integration of eyewitness reports

This study examined how mock jurors assess eyewitness credibility and integrate these assessments with judgments of probative value in simple, corroborating, contradicting, and facilitating inference structures. Subjects listened to an audiotape of a fictional, theft trial. In Experiment 1, contrary to prior research, amount of detail in the target witness's testimony did not influence perceived credibility. In addition, a normative Bayesian rule poorly described subjects' integration of the evidence. A rule that combinedp(event/guilt)weighted by credibility better described the judgments. Experiment 2 was designed to identify variables that affect credibility, given that amount of detail did not. Perceived credibility of the target witness was affected by the credibility of a second witness, and the nature of the effect depended upon the type of inference structure., The results of Experiment 3 suggest that an additive version of the decision rule describes judgments of guilt better than an averaging version.This article is based upon a doctoral dissertation submitted to Indiana University. I would like to thank my advisor, N. John Castellan, Jr., and the other committee members: Igor Gavanski, Margaret J. Intons-Peterson, and Steven J. Sherman. I also wish to thank Janet Magnuson for serving as legal advisor; Kelvin Bartel, Todd Dukes, Justin English, Katherine Harmening, Diana Heise, Nancy Lightfoot, Brigette Oliver, Chris, Reintz, Doug Smith, and Julie York for helping to prepare audiotapes; Tamara Levinson and Sandra Vitous for helping with data collection; and two anonymous reviewers for providing useful comments on an earlier version of this paper.     

The evolution of European legal integration

This article contributes to the development of theories on European integration by testing and exploring statistical models on the long-term development of legislative activity of the European Commission. Drawing on legal information gained from the European Union’s PreLex database and analyzing it with the help of statistical analyses, we map out growth patterns of EU law between 1976 and 2003. We construct time-series models and models based on non-linear regression. While the performance of models based on the traditional theoretical approaches, intergovernmentalism and neo-functionalism, is rather poor, the analysis suggests that nonlinear dynamic models might be an interesting avenue for future conceptualizations of the EU integration process. This article is based on a paper presented at the ECPR Standing Group on the European Union Second Pan-European Conference on EU Politics, “Implications of a Wider Europe: Politics, Institutions and Diversity”, 24–26 June 2004, Bologna, Italy. We would like to thank the seminar participants for useful comments.     

Regional integration in Central Asia

This paper analyses the interaction of regionalism and multilateralism in the five Central Asian countries’ trade policies. The basic question is why have leaders been willing to sign so many regional agreements, which often include visions of regional trading arrangements (RTAs), and yet so unwilling to implement any preferential trading arrangements? The paper examines the durability of multilateralism and the added incentives for joining the World Trade Organization in light of China’s WTO accession in 2001 and Russia’s expected accession. The final section draws together arguments for multi-dimensional (bilateral, plurilateral, and regional) regional cooperation within a WTO framework.     

Retrieving the ‘subject’ of European integration

In this article, a critical reinterpretation of citizens as subjects of European integration moves the focus of EU law from EU citizens' subjection to their subjectification. This analysis draws on post‐structural social theory in arguing that the law is instrumental to securing the material conditions for transnational political subjectification because it regulates both EU citizens' access to transnational social relations and the perception of difference between them. However, the law also reinforces constraints on the process of transnational subjectification. Systematic obstacles, which must be taken into account, are not limited to economic status, but include other variables like gender or age. It will be argued on this basis that EU law needs to develop a more coherent politics of subjectivity. Towards this goal, the law must carefully attend to what is (and is not) depoliticising in EU citizenship rights.     

The migration and integration of the hate crime approach in India

Jindal Global Law Review - International norms, standards and practices relating to understanding and addressing hate crime are increasingly comprehensive. Efforts by international organisations to...     

Prison gang integration and inmate violence

Purpose

Gang membership has been linked in a number of prior studies with inmate misconduct; known gang members are more prone than non-gang members to act violently behind bars. Theories of intergroup conflict suggest, however, there is reason to expect that broader within-prison gang dynamics, not just gang membership alone, are associated with the incidence of violence.

Methods

We collected data on inmates from a large southern state and estimated multilevel models of inmate-on-inmate violence. Included in our models were a variety of common individual-level correlates of violent misconduct, among them gang membership. Substantive prison-level correlates included the percentage of gang members and “gang integration,” the latter being a measure of gang heterogeneity.

Results

We found a modest association between both gang variables and inmate-on-inmate violence, with gang integration being the most significant of the two.

Conclusions

Gang membership is an important correlate of inmate violence, but attention to broader prison gang dynamics is clearly necessary. We discuss the implications of this finding for theories of inmate violence.     

From clinical integration to accountable care

Four key challenges to reforming health care organizations can be addressed by a clinical integration model patterned after Advocate Physician Partners (APP). These challenges are: predominance of small group practices, dominant fee-for-service reimbursement methods, weaknesses of the traditional hospital medical staff structure and a need to partner with commercial insurance companies. APP has demonstrated teamwork between 3800 physicians and hospitals to improve quality, patient safety and cost-effectiveness. Building on this model, an innovative contract with Blue Cross Blue Shield of Illinois serves as a prototype for a commercial Accountable Care Organization. For this contract to succeed, APP must outperform the market competition. To accomplish this, APP has implemented strategies to reduce readmissions, avoid unnecessary admissions and emergency room visits, expand primary care access, and enhance quality and patient safety.     

Environmental policy integration among multilateral environmental agreements: the case of biodiversity

The system of multilateral environmental agreements (MEAs) comprises hundreds of conventions and protocols designed to protect the environment. Institutional interaction within the MEA system raises issues of environmental policy integration (EPI), i.e. balancing different environmental objectives and considerations. Mainstream proposals for enhancing EPI in environmental governance build upon the assumption that environmental institutions are fragmented. However, recent research reveals that the MEA system has been defragmenting over the years such that EPI is less a problem of institutional fragmentation than of effective management of institutional interplay. This paper examines the factors affecting EPI among MEAs by looking at experiences in the cluster of biodiversity-related multilateral agreements. The analysis is based on a series of interviews with MEA secretariat officials and international experts conducted between September 2011 and January 2012. The paper identifies institutional, political and cognitive barriers constraining interplay management efforts. While some have proposed regulatory changes in the cluster, national-level co-ordination appears to be the best way to advance EPI.