Climate change and the credibility of international commitments: What is necessary for the U.S. to deliver on such commitments?

The engagement of the United States is critical to the success of any international effort against global climate change. Although international climate efforts require long-lasting, credible commitments by participating countries, risk of failure to deliver on such commitments rises with the degree of gap that the domestic institutions permit between the executive and the legislature. The U.S. withdrawal from the Kyoto Protocol indicated that the Clinton administration’s effort to bring international solutions into the domestic arena before domestic consensus was obtained was counterproductive. The congressional politics over budgetary allocation regarding the Bush administration’s technology policies showed that general preference to a technology-oriented approach to climate change alone did not ensure the credibility of international commitments. These cases revealed that the U.S. climate diplomacy was lacking in domestic institutional mechanisms that bring the executive branch’s deal at international negotiations, and the legislators’ preferences at home, closer together. For the U.S. to take leadership in international climate cooperation, domestic institutional frameworks which reconcile the interests of the two branches are necessary. This paper suggests that such domestic institutional frameworks feature two components: regular channels of communication between the two political branches; and, incentive mechanisms for the two branches to swiftly come to terms with each other.

Australian climate policy and the Asia Pacific partnership on clean development and climate (APP). From Howard to Rudd: continuity or change?

This article explains, first, why Australia’s government under John Howard, together with the United States Bush administration initiated the Asia Pacific Partnership on Clean Development and Climate (APP) and, second, why the succeeding Rudd government continued to support this initiative. Climate policy under the conservative Howard government (1995–2007) in Australia was largely dictated by fossil fuel and mineral sector interests, and reflected a close alliance with the Bush administration. The Howard government shunned the Kyoto Protocol, refused to set national binding greenhouse gas reduction targets and preferred voluntary cooperative measures with industry. The APP was part of the Howard government’s strategy to demonstrate some policy movement on climate change while postponing serious action. Climate change was a key issue in the election of the Rudd Labor government in Australia in December 2007. The Rudd government quickly ratified Kyoto, adopted emission reduction targets, and moved to introduce emissions trading. The Rudd government’s decision to continue involvement with the APP, albeit with diminished funding, was a pragmatic one. The APP was supported by industry and provided bridges to China and India—both key countries in the post-2012 UNFCCC negotiations. Finally, in order to assess the long-term outlook of the APP, the article provides a preliminary assessment as to whether the APP advances technology transfer.

A review of the CDM literature: from fine-tuning to critical scrutiny?

As negotiations on the post-2012 climate regime are now taking off, it is time to look back and assess the experiences of the clean development mechanism (CDM) to this date. The CDM has been subject to extensive discussion in academic literature during the last few years, and this article reviews that literature in order to sum up its main themes. A common assessment is that the current structure of the CDM leads to a focus on cheap emissions reductions at the expense of sustainable development benefits for the host countries. Recently, the questionable additionality of many CDM projects has become a central issue. The article further argues that whereas a substantial body of work exists on the CDM, this work is mainly preoccupied with a ‘fine-tuning’ of the mechanism. As the CDM now becomes increasingly institutionalized, scholars should also take a step back and study the CDM in a more theoretically oriented way.

Friendly neighbor or Trojan Horse? Assessing the interaction of soft law initiatives and the UN climate regime

Current global climate governance is characterized by increasing institutional proliferation. Within the last 5 years several non-legally binding initiatives have emerged, including (i) the Asia-Pacific Partnership on Clean Development and Climate and various other public–private partnerships working on the policy implementation level and (ii) the Group of Eight Gleneagles Dialogue on Climate Change, Clean Energy and Sustainable Development, and Major Economies Meeting on Energy Security and Climate Change as high-level political processes. As a first step toward analyzing the relationship between these parallel initiatives and the UN climate regime, this article looks at the negotiations of four UN-hosted climate meetings in 2007–2008, providing an examination of the interaction of ‘soft law’ climate initiatives and the ‘hard law’ UNFCCC/Kyoto Protocol process. The methodology of the study is based on participatory observations in the negotiations and document analysis of country and stakeholder positions. The analysis shows that the current multitude of processes in global climate governance entails potential institutional interaction. Deliberations of the key actors give some support to the claims of non-UN soft law being used to exert influence on the negotiations on a future climate regime within the UN context.

A Clean Development Mechanism with global atmospheric benefits for a post-2012 climate regime

The Clean Development Mechanism (CDM) under the Kyoto Protocol allows the crediting of emission reductions from greenhouse gas (GHG) abatement projects in developing countries. The CDM is an offsetting mechanism and, in principle, a zero game to the atmosphere: emission reductions achieved from CDM projects allow industrialised countries to increase their emissions, respectively. The article explores how the CDM could be moved beyond a pure offsetting mechanism in a post-2012 climate regime by crediting only a fraction of the emission reductions from CDM projects, thereby providing a net atmospheric benefit. Potential implications on the carbon market are assessed in a qualitative manner and different design options for such a reform to the CDM are discussed. An important conclusion is that the effects on carbon market depend considerably on whether the use of the CDM is limited through caps or not.

Enhancing the clean development mechanism through sectoral approaches: definitions, applications and ways forward

Grave concerns with the Clean Development Mechanism (CDM) have increasingly surfaced in the international climate policy arena. The sectoral approaches described in this paper may be a way to address some of the shortcomings of this Kyoto mechanism. The paper outlines the criticisms that have been raised against the CDM as well as the conflicting interpretations of a sectoral approach and examines in how far it might resolve the mechanism’s perceived shortcomings. Furthermore, it outlines issues that need to be resolved when implementing a sectoral approach: distributing costs and benefits, defining the sector and its baseline, ensuring additionality and tackling procedural issues. A sectoral approach can enable countries to guide their structural development but it also opens up a gap between public and private investment that needs to be addressed before conflicts arise. Sectoral CDM activities may be able to lower transaction costs for projects that otherwise cannot compete in the CDM market and might even pave the way to sectoral greenhouse gas limitation targets in developing countries by establishing the necessary infrastructure for data collection. However, a sectoral CDM cannot be mistaken for a panacea. Some of the mechanism’s problems remain, which highlights the need to establish additional instruments to support Southern countries in furthering sustainable development and embarking on a low-emission trajectory.

Introduction: exploring and explaining the Asia-Pacific Partnership on Clean Development and Climate

This introduction lays the groundwork for this Special Issue by providing an overview of the Asia-Pacific Partnership on Clean Development and Climate (APP), and by introducing three main analytical themes. The first theme concerns the emergence and continuation of the APP. The contributions show that the emergence of the APP can be attributed to international factors, including the United States’ rejection of the Kyoto Protocol, and its search for an alternative arena for global climate governance, and other countries’ wish to maintain good relations with the US; as well as domestic factors, such as the presence of bureaucratic actors in favour of the Partnership, alignment with domestic priorities, and the potential for reaping economic benefits through participation. The second theme examines the nature of the Partnership, concluding that it falls on the very soft side of the hard–soft law continuum and that while being branded as a public–private partnership, governments remain in charge. Under the third theme, the influence which the APP exerts on the post-2012 United Nations (UN) climate change negotiations is scrutinised. The contributions show that at the very least, the APP is exerting some cognitive influence on the UN discussions through its promotion of a sectoral approach. The introduction concludes with outlining areas for future research.

The European Union in international environmental negotiations: a legal perspective on the internal decision-making process

From an EU point of view, most international environmental agreements are mixed. This means that both the European Community (EC) and its member states are party to the agreement. As the participation of the EC in international negotiations and agreements is properly arranged by the Treaty establishing the European Community, but the EU member states’ participation is not legally organized on the EU level, the internal decision-making process regarding mixed agreements is rather complicated. Insights into this process are needed to understand the representation and the role of the European Union in international environmental negotiations. This article clarifies the legal framework of the EU decision-making process regarding such negotiations.

Up Against the Wall: Bare Life and Resistance in Australian Immigration Detention

This article is based on interviews with former Australian immigration detainees conducted by the author. The interviews explored the experience and understanding of resistance while in detention. The article calls into question Agamben’s twin conclusions that nothing short of a complete re-founding of ontology is required to liberate humanity from biopower and that this refoundation will spring from bare life. Contrary to Agamben’s depiction, the camp proves to be a place of determined and often successful defence of a relation of politics and life based not on the camp and biopower, but on solidarity and freedom. Detainees in Australian immigration detention, like prisoners in the Nazi concentration camps, refused to abandon their politics. Rather than seeking to transform bare life, they rejected it and made their own decision on life and politics.

Who are ‘we’? Don’t make me laugh

This paper explores the implications of uses of the word ‘we’ in post-apartheid South African fiction. ‘We’ in these novels is typically a contested linguistic site – which tells of the loss of inherited communities, and reflects the ethically complex negotiations of a ‘we’ perhaps still to come. Yet if the internal narratives assert a loss of community, each event of the novel’s being-read inaugurates a new ‘community’ of readers. The paper considers the ethical implications of the act of reading a literary text in post-apartheid South Africa. In the course of the argument, I draw links between African philosophies of community, and Jean-Luc Nancy’s proposition that ‘I’ does not precede ‘we’. Thus I suggest some ways in which philosophies from Africa contribute towards current debates about ‘we’ in contemporary continental philosophy.

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

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Business to the rescue: private sector actors and global environmental regimes’ legitimacy

In 2006, Parties to the Convention on Biological Diversity (CBD) adopted decision VIII/17 to further involve the private sector in the activities of the Convention. This initiative mainly aims at improving the current regime’s legitimacy. By increasing business involvement, decision VIII/17 can be viewed within the context of the current academic debate on the ‘privatisation’ of environmental governance, which refers to the growing importance of private actors in the formulation of environmental policies. Against this background, this article aims at: (1) assessing the extent to which decision VIII/17 might reverse the CBD’s legitimacy crisis and (2) analysing the issues at stake when private sector actors are involved in environmental regimes. In order to do so, the article analyses the consequences of decision VIII/17 in terms of internal—representation and transparency—and external—institutional efficiency and implementation—legitimacy. The study is based on an extended empirical scrutiny of the negotiations linked to decision VIII/17. While adopting a general conceptualisation of legitimacy, the value added by the study is to broaden the usual understanding of business strategies towards environmental issues. In particular, this article shows how decision VIII/17 has generated several reactions—defensive as well as proactive—among the business community. At the practical level, the article proposes several recommendations to secure a constructive participation of all categories of business actors in biodiversity governance. At the theoretical level, it calls for a change in deterministic visions of economic actors’ interests.

Old wine in new bottles: a county-level case study of anti-corruption reform in the People’s Republic of China

This paper examines the role of the target-based responsibility system for building upright Party style and clean government in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in nothing more than “pouring old wine into new bottles.”

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Feminism and the siren call of law

Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead, it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.

Land use and forestry based CDM in scientific peer-reviewed literature pre-and post-COP 9 in Milan

This article explores the science-policy interactions between peer-reviewed literature and decisions and declarations on Land Use, Land-Use Change and Forestry (LULUCF) projects in the Clean Development Mechanism (CDM) taken at Conference of the Parties (COP) meetings. The results are based on a literature analysis capturing 88 articles published from 1997 to 2005. By using a matrix search method and a structured reading form, the method and analysis focussed on whether issues of CDM and LULUCF were presented as ‘supportive of the inclusion of LULUCF’ and ‘critical of the inclusion of LULUCF’. A matrix search method and a structured reading form were applied. Of the 88 articles, 66% included discussions supportive to the inclusion of LULUCF. Forty-nine percent had a first author affiliated in natural sciences. Only 19% had first authors affiliated in developing countries while the same number for contributing authors was 38%. The results show no clear connection between scientific literature and decisions and declarations, but indicate that policymakers set the research agenda by declarations, while researchers feed the process up until decisions are made.

Financing the Athenian state: public choice in the age of Demosthenes

The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance and institutions, on which political democracy was based and without their smooth running could not have functioned.

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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White-collar,organised and cyber crimes in the media: some contrasts and similarities

This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions are important.

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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.

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.