中国灾害治理：组织、制度与过程研究综述

从"灾害管理"到"灾害治理"虽然只有一字之差,但是一种全新理念的转变。我国灾害治理经历了绅商被动、政府管控、国际合作、多元参与等四个阶段,灾害治理组织主要有维持型、功能拓展型、结构扩张型、突生型等四种制度化类型。就"体制转型"而言,存在"应急集权"纵向与"多元协同"横向体制合作困境;就"应急机制"而言,存在"常态"与"非常态"机制并存研究不足问题;就"法制建设"而言,一般是事后补救性改革,缺乏事先前瞻性与预防性建设。虽然社会脆弱性、社会韧性、社会建构主义等常态理论研究取得了快速发展,但非常态理论研究进展有限。由于各国政治取向、资金投入偏向以及追求短平快的政策导向,基础研究很难开展,未来需要通过开辟"新方向—新领域"、从单一迈向跨学科、由单一转向全生命周期、突破"应急—社会"困境、在"常态—非常态"找到平衡以推进基础理论研究。政府与社会各界都需要重视灾害治理,哪怕只是简单了解也非常有帮助,也能有效减少与避免灾害发生。     

Global Governance: Prospects and Problems

The 50th anniversary of the UN in 1995 occasioned a widespread international discussion of 'global governance'. This term is understood to denote not just conventional bodies of international security and economic management but the overlapping and interlocking of institutions found in all issues and regions, and the increasing body of non-state actors, broadly termed 'international civil society'. This article discusses the functions and reform of global governance, and then examines these in the light of five central issues of the 1990s: the role of the great powers, peace-keeping, economic nationalism, a crisis of NGOs, and global values. It argues that advocacy of global governance must be matched by political realism on the one hand, and the recognition of the need for difficult ethical choices on the other.     

Civil Society and Global Governance: The Possibilities for Global Citizenship

In this article we reassert the role of governance as well as of civil society in the analysis of citizenship. We argue that to analyse global civil society and global citizenship it is necessary to focus on global governance. Just as states may facilitate or obstruct the emergence and development of national civil society, so too global governance institutions may facilitate or obstruct an emerging global civil society. Our key contention is that civil society at the global level thrives through its interaction with strong facilitating institutions of global governance. We start with a discussion of civil society and citizenship within the nation-state, and from there develop a model of global civil society and citizenship. Through analysing the impacts of various modes of global governance, we identify strategically appropriate forms of political and social engagement that best advance the prospects for global citizenship.     

治理理论视角下“责任·责任意识·责任理念”辨析

责任、责任意识、责任理念是发展着的概念体系,在不同的时期有不尽相同的内涵。以治理理论的视角,重新审视责任、责任意识和责任理念,分析“责任”在不同语系中的内涵及与之相关的概念、阐释“责任意识”的理论根源和形成机制以及重构“责任理念”的核心体系,将有助于政府责任体系的构建。     

Lander Governance in a Global Era: The Case of Hesse

Subnational governments in federal systems are among the institutionsbeing buffeted by economic trends and institutional developmentsassociated with globalization. While the national governments'ability to maintain policy autonomy in a global age is frequentlyexamined, less attention has been devoted to the subnationalleaders' capacity for responding to global circumstances whilestill preserving the traditions and priorities of their jurisdictions.This article explores the responses of a single German Land,Hesse, to international events between 1982 and 1999. The analysisconcentrates first on changes in governmental structure andprocedure that reflect developments in Hesse's global environment,and then on changes in economic and environmental policy, apolicy domain central to Hessian politics throughout the period.Hesse's political leadership has not been able to insulate theLand from global pressures, but by acknowledging their distinctcircumstances, they have shaped institutions and policies inways that have enhanced their ability to derive significantadvantage from trends originating outside their borders.     

Designing Regulation Across Organizations: Assessing the Functions and Dimensions of Governance

In recent years, regulation scholars and policymakers have increasingly turned their attention to the role of inter-governmental organizational design in effective governance. The existing literature on regulatory design has provided important insights into the advantages and disadvantages of alternative structural options. This article synthesizes and builds on that literature by describing a novel framework for characterizing, analyzing, and structuring authority across public institutions. Drawing on examples from a range of jurisdictions, it highlights the value of this framework in identifying the values tradeoffs that should drive policymakers' decisions to choose among competing structural alternatives. The framework is founded on two important points. First, inter-governmental allocations of authority can be structured along three different dimensions. Failing to appreciate the existence of, and differences among, these dimensions can prompt misassessments of the reasons for existing regulatory failures and selection of structural allocations that do not suit the problems intended to be addressed. Second, allocations of authority can, and in many cases should, vary for disparate governmental functions. Differential functional allocations of authority can minimize obstacles to needed structural reforms and tailor inter-governmental relations in ways that best promote chosen regulatory values, such as efficiency, effectiveness, and accountability, as well as how allocational choices may and perhaps should vary depending on the governmental function being performed. Finally, the article suggests how future regulation and governance scholarship can harness this emerging framework to help build a body of empirical evidence upon which policymakers can draw in future regulatory design endeavors.     

全球治理的中国智慧——构建人类命运共同体

在全球形势日益复杂、世界处于大发展大变革的新时期,国际治理成为维持世界稳定发展的重要手段。以习近平同志为核心的党中央提出的构建人类命运共同体倡议,引起了世界各国的普遍关注和认同。人类命运共同体有其理论和实践依据,更为全人类的幸福描绘了美好蓝图,制订了行动方案。这是中国为全球治理贡献的中国智慧,反映了中国为维护和推动世界和平与发展理应做出大国贡献的信心和决心。     

The Evolution of a Global Labor Governance Regime

During the last decade, the approach by businesses and governments toward labor and social issues at the global level has fundamentally changed. Industrial relations are rapidly internationalizing by developing new actors and forms of governance to deal with the regulation of labor. This article looks at the evolution of self‐regulatory standards in the global labor governance debate. Key is that notwithstanding problems with the lacking legal framework of global regulation and enforceability, patterns of local self‐regulation, norm‐setting, and international codes lead not only to higher expectations of the behavior of transnationally operating firms but also to an indirect pattern of regulation. The article argues that particularly the adoption of the core labor standards by the International Labour Organization (ILO) and the setup of the Global Compact by the UN serve as points of convergence. A plethora of voluntarist initiatives that converge over time toward a shared understanding of labor standards is part of the transformation of global labor governance institutions.     

Civil Society and the Legitimation of Global Governance

Abstract

This article assesses in what ways and to what degrees civil society activities have advanced the legitimacy of global governance institutions. It is argued that these citizen initiatives have often enhanced the democratic, legal, moral and technical standing of regulatory agencies with planetary constituencies and jurisdictions. However, these benefits do not flow automatically from civil society mobilizations and on the whole are much less extensive than they could be. With a view to greater realization of the potential contributions to legitimacy, the article elaborates recommendations for more, more inclusive, more competent, more coordinated, and more accountable engagement of global governance by civil society organizations.     

Analyzing Global Governance Failure: A Philosophical Framework

This article seeks to make a contribution to theory development by explicating the competing approaches (explanatory frameworks and research methods) that can be used in the analysis of episodes of global governance failures—undesirable events (such as war, or incidents of international terrorism) and behaviors (such as rogue political leaders accumulating weapons of mass destruction or supporting international terrorist groups) that are a consequence of the ineffectiveness of a global governance process. It does so by constructing a methodological taxonomy, which enables the identification of the competing philosophical methodologies that underpin contending perspectives on the causation of, and solutions to, episodes of global governance failures, by reference to contesting understandings of what knowledge is (an epistemological issue) and what exists that is capable of giving rise to consequences (an ontological issue). It then identifies the epistemological and ontological challenges facing policy analysts seeking to analyze and address global governance failure. Meeting these challenges requires the adoption of a methodology that draws insights from the epistemological and ontological syntheses that have emerged within contemporary social theory.     

The WTO's Appellate Body: Legal Formalism as a Legitimation of Global Governance

The creation of the Appellate Body (AB) of the World Trade Organization (WTO) entails an unprecedented delegation of power to an international adjudicator, because the WTO requires states to ensure compliance of their domestic regulations with the sweeping obligations in WTO agreements. This is legitimized in some academic analyses and much political rhetoric in terms of the rule of law, suggesting that the role of the adjudicator is merely to apply the precise words of the texts agreed by states, according to their natural meaning. The AB has supported this by adopting a formalist approach that combines an objectivist view of meaning with a legalistic style of judgment. However, both the general structure and many of the specific provisions of the WTO agreements are indeterminate and raise issues of interpretation that were known to be highly contestable. Although the delegation of adjudication in its early phase was considered to be of a narrow technical function, in the current phase interpretation is more clearly seen to involve a flexible application of principles to cases in light of the policies involved. The AB's role would be better legitimized by adopting a more open epistemology and reasoning that could be accessible to a wider constituency. However, it is constrained by fear of usurping the political legitimacy of the governments to which it is primarily accountable, and governments, in turn, are motivated by a reluctance to admit to their domestic constituencies how much power has been transferred to supranational instances such as the AB.