A contingency theory of policy innovation: how different theories explain the ratification of the UNFCCC and Kyoto Protocol

This article tests theories, elaborated by rationalists, constructivists, and network theorists, that explain the ratification of international environmental treaties. Rationalists argue that countries’ material self-interest and political and economic conditions affect the likelihood of countries ratifying treaties. Constructivists argue that countries are influenced by exposure to world society. Structural embeddedness theory argues that countries are influenced by neighboring countries, religion, language, and economic peers, and those whom they have network ties to via diplomatic relations and IGO memberships. The article is a study of how these factors affected the ratification of two environmental treaties: United Nations Framework Convention on Climate Change and the Kyoto Protocol. The results show that political and economic factors, peer behavior, and network ties were more important in explaining the ratification of the Kyoto Protocol than the UNFCCC. Similar to von Stein (J Conflict Resolut 52:243–268, 2008), it found that exposure to world society was important in the UNFCCC. The authors suggested that the differences were due to the demands which the Kyoto Protocol placed on countries in contrast to the “softness” of the UNFCCC. They also discussed how social influence—based on a variety of inter-governmental relations and affiliations—may signal a change in the structure of the global environmental regime and how it conducts its business.     

The Effectiveness of the EU's Ozone Policy

Has the EU's ozone policy been effective? In other words: What caused the 90 per cent phase-out of ozone depleting substances (ODS) within the EU? Was it due to an EU-wide regulatory approach, to national circumstances, or to the Montreal Protocol? As EU's environmental policy has not been overly successful so far, it would interesting to know why ozone policy is an area where the EU and its Member States have reached targets effectively over a relatively short time. We suggest that the effectiveness of EU's ozone policy is due to two factors that together secured this rapid phase-out. First, the ozone policy was enacted by means of an EU regulation – rather than by directives – which required all Member States and all larger ODS-generating corporations to implement a ban simultaneously. Second, with the US administration making a u-turn and the increased availability of ODS-substitute chemicals, Europe saw a political opportunity to speed up the phase-out process. A limited study of the phase-out of ODS in Spain supports this argument. While the EU's ozone policy has been effective, its success owes much to particular economic and political circumstances associated with the issue of ozone depletion.     

Halon management and ozone-depleting substances control in Jordan

The Montreal Protocol’s Multilateral Fund is often hailed as a key component of strategies aimed at reducing the amount of ozone-depleting substances in the less-developed countries. Yet, while there are studies that exemplify how the fund has been implemented as well as the strategies that individual countries adopt, there is still a lack of academic literature about the steps taken and implemented to devise successful alternative production strategies. In this case study, we analyze Jordon’s current strategy to reduce ozone-depleting Halon 1211 and 1301, two fully halogenated hydrocarbons that are extensively used in Jordan for their exceptional fire-extinguishing characteristics. In response to the Montreal Protocol, an international treaty to phase out halon use, Jordan adopted a halon management program to manage the use of halons, build strategic reserves for “essential uses,” and limit the amount of these substances that are released into the atmosphere. This study presents the actual inventory data of halons in Jordan in addition to the challenges and obstacles in the halon bank management system in Jordan. Moreover, this research covers the prospects of Jordan halons banking to achieve the goal of meeting Jordan’s halons demand for essential uses up to the year 2030. To this end as well as to fulfill Jordan’s commitment to the Montreal Protocol, the research recommends finding the balance between effectively enforcing regulations against the use of ozone-depleting substances while being able to meet halons demand for the essential uses until alternatives are comparably affordable and available on the national market. The research recommends that regulations should be supported with effective governance measures to minimize the occurrences of ozone-depleting substances escaping into the atmosphere as well as to meet halons demand.     

Linkages between the Montreal and Kyoto Protocols – Enhancing Synergies between Protecting the Ozone Layer and the Global Climate

The international treaties for the protection of the ozone layer and the global climate are closely related. Not only has the Montreal Protocol for the protection of the ozone layer served as a useful example in developing the international climate regime, but policies pursued in both issue areas influence each other. This paper gives an overview of the many ways in which both treaty systems are linked functionally and politically. It investigates, in particular, the tension that has arisen with respect to the use of fluorinated greenhouse gases and the potential for drawing on the experience under the Montreal Protocol regarding data reporting and policy design on fluorinated greenhouse gases under the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The potentials for enhancing synergy in these areas are explored, and related options discussed. Some initiatives for exploiting these potentials are already underway, aiming in particular at enhancing learning and exchanging of information. However, political choices concerning some of the issues willeventually need to be made, if action at the international level is to contribute to their solution.     

“国际主义”与“国家主义”之争——文物返还问题探析

文物作为文化价值与经济价值的统一体,极易通过多种途径流失。在流失文物的返还问题上一向存有“文化国际主义”与“文化国家主义”两种对立理论,本文从对这两种理论的评介出发,认为文化国家主义才是国际社会应有的正确理论态度。同时通过对两种理论在现有国际公约中的各自体现的讨论,最终揭示出国家主义所处的现实困境,并提出了摆脱这一困境的建议。     

Ozone Partnerships,the Construction of Regulatory Communities,and the Future of Global Regulatory Power*

This article describes our effort to understand the Montreal Protocol as an unconventional approach to regulation, one that encourages the construction of volunteer partnerships, episodic networks, and regulatory communities comprised of public and private actors criss-crossing institutional and national boundaries. We examine three provisions of the Protocol that give official governments and private global corporations latitude to create temporary arrangements that leap beyond their typical institutional constraints. The provisions that promote collaboration are the use of trade sanctions as an incentive to cooperate; the creation of the Interim Multilateral Ozone Fund (IMOF), the funding mechanism that links the fate of developed and developing nations; and, the establishment of an international clearinghouse to share technology for reducing ozone depleting substances. Singly and together these mechanisms of coercion, exchange, and normative pressure permit individual actor's interests to be pursued, bind them into ephemeral but replicable networks of action, and result in the creation of the very meaning of regulatory compliance and effectiveness. The discussion draws out the implications of a transcorporate definition of power and global problem solving as it relates to democratic reliance on the political sovereignty of individual actors and nations.     

人类命运共同体思想与国际经济法律制度的变革

2008年以来国际经济格局发生了深刻变化,国际经济法律制度的不适应性和不公平性凸显,变革迫在眉睫。发达国家的国际经济法律制度变革主张具有片面性,不能有效解决国际经济法律制度的不适应性问题,也不能解决发展中国家的发展问题。人类命运共同体思想客观揭示了国际经济关系的本质特征,确立了“共同繁荣”的发展目标,明确了解决发展难题的基本途径和法律原则,指明了实现共同繁荣的途径。它冲破了发达国家学者的传统窠臼,成为人类解决发展问题的重要思想源泉;其中的目标设置和原则确立,对国际经济法的发展具有关键意义,可以成为国际经济法律制度变革的指导性思想。“一带一路”倡议的成功实施显示了人类命运共同体思想的威力。依据人类命运共同体思想进行国际经济法律制度变革前景可期。     

In the light of equity and science: scientific expertise and climate justice after Paris

The Paris Agreement is built on a tension between the common goal of limiting warming to 1.5 °C and the differentiation that follows from the principle of equity. Scientific expertise is commonly seen as providing important means to overcome this tension, for example in the Agreement’s “global stocktake”, which is said to be undertaken “in the light of equity and the best available science”. This raises the question of how scholarly communities best can contribute to deliberations on equitable differentiation in the effort required to meet common temperature goals. To discuss this question, the paper looks to the literature within Science and Technology Studies on the role of science in policymaking, where disagreement exists over the merits of “heating up” controversies through politicization, versus “cooling down” issues by seeking consensus. It assesses two cases in which scientific expertise has engaged with questions of equitable effort-sharing in international climate politics: The “Bali Box” of the IPCC’s Fourth Assessment Report, and the “Civil Society Equity Review” undertaken prior to COP21 in Paris. Based on a comparison of the two cases, it is argued that scientific contributions should not shy away from highlighting conflicts in values and interests, and that “heating up” discussions about climate justice may be a valuable contribution to overcoming the tensions of the Paris Agreement.     

Protecting the Internet with international law

The Internet remains the odd child of international law. While forever more universal law venues such as conferences, edited volumes or research projects consider “the Internet” a peculiar, interesting aspect of its well-recognized disciplines, international scholarship fails to address the global network as a whole, stalling the application of the fully developed and well-suited international law apparatus to the global community's biggest contemporary challenge. “Internet governance” is still perceived by legal scholars as construed to international relations and, at best, a potential ground for soft law in a distant future. That is not the case: Internet governance, with all its challenges, has been shaping international law for almost two decades. The latest unveilings of the ways in which the Internet impacts global policies and laws caught the public eye with the 2018 Cambridge Analytica scandal and, previously, with the 2013 Snowden revelations, yet as surprising as they might have been to the average user, they are direct results of network's architecture and its governance model. This paper looks at the evolving concept of “Internet's public core” as an opportunity to bridge this dogmatic gap. We identify the scope and meaning of “Internet's core” and assess its legitimacy within existing international normative frameworks. We argue that the technical components crucial to the flawless operation of the global network, such as the Domain Name System and Internet's backbone networks, can be effectively protected with international law.     

Economic Analysis,Environmental Policy,and Intergenerational Justice in the Reagan Administration The Case of the Montreal Protocol

Economic arguments played a significant role in the decision by the Reagan Administration to lead the international effort to protect the stratospheric ozone layer from depletion caused by certain otherwise useful industrial chemicals. During the period prior to the signing of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987, it was recognized within the Administration that ethical considerations (involving the valuation of risk and intergenerational equity) were essential components of the economic analysis. Adoption of a principle of intergenerational neutrality had the consequence that any reasonable comparison of the benefits of ozone layer protection to the costs of regulatory control overwhelmingly favored regulation.     

Global carbon pricing and the “Common But Differentiated Responsibilities”: the case of China

This paper analyzes whether using carbon pricing as the major mitigation policy instrument is compatible with the implementation of the “common but differentiated responsibility” principle in a global climate agreement. We focus more specifically on China, a key player in climate negotiations. This is done by adopting the Imaclim-R model to assess the economic effect of carbon pricing on the Chinese economy in different climate architectures which, despite aiming at the same stabilization target, differ in terms of the temporal profile of emission reductions and the regional distribution of efforts (different quota allocation schemes). Model outcomes prove that neither temporal nor regional flexibilities provides a satisfactory answer since the Chinese economy remains significantly hurt at certain time periods. This suggests the recourse to complementary measures to carbon pricing in order to help smoothing the necessary shift toward a low-carbon society. This means in particular that, to build a climate policy architecture that could be compatible with the “common but differentiated responsibility” principle, climate negotiations must go beyond global top-down systems relying on cap-and-trade to include bottom-up measures likely to complement the carbon price and make carbon mitigation acceptable in countries like China.     

气候变化法律应对实证分析——从国际公约到国内法的转化

气候变化问题的全球性决定了构建应对气候变化对策必须集合各领域的通力合作的,法律应对机制是必不可少。以往,我们常常将关注点放在气候变化国际法律制度领域的基本问题研究上,而未真正对气候变化国际法律制度进行认真剖析,找出其目前和未来发展阶段的不足之处;更没有在国际实证分析的基础上,结合我国目前的实际情况,做出完整的法律构架,实现国际法的国内法转化,使气候变化的应对能真正落到实处,毕竟《京都议定书》的实现需要各国知之践行;尽管有必要强调共同但区别原则,但是中国作为负责任的大国,有必要提升“道义责任理念”,从自身内部法律实践做起,为温室气体的减排落实真正尽一份力。     

Jihad in a World of Sovereigns: Law,Violence, and Islam in the Bosnia Crisis

This article argues that jihads waged in recent decades by “foreign fighter” volunteers invoking a sense of global Islamic solidarity can be usefully understood as attempts to enact an alternative to the interventions of the “International Community.” Drawing from ethnographic and archival research on Arab volunteers who joined the 1992–1995 war in Bosnia‐Herzegovina, this article highlights the challenges and dilemmas facing such jihad fighters as they maneuvered at the edges of diverse legal orders, including international and Islamic law. Jihad fighters appealed to a divine authority above the global nation‐state order while at the same time rooting themselves in that order through affiliation with the sovereign and avowedly secular nation‐state of Bosnia‐Herzegovina. This article demonstrates an innovative approach to law, violence, and Islam that critically situates states and nonstate actors in relation to one another in transnational perspective.     

Managing the People: Art Programs in the American Depression

How do “classical” big art institutions (museums, the ballet, the opera, symphony orchestras) react to phenomena of globalization such as migration flows, the “denationalization” of artistic movements, the enormous growth of the number of artists, the trend of a global cultural branding of cities, etc.? And which cultural policies do governments develop to interfere in the relationship between those art institutions and their changing environments? Those were the central questions I asked while doing research about the position of art institutions in society today. The research concentrated on a very diverse sample of big art institutions in Europe. The research begins with the insights of Actor Network Theory and the political philosophy of Antonio Negri and Michael Hardt and leads to an ideal typical two-dimensional model to classify the possible strategies that such institutions and their responsible governments can use on the local, national and international level.     

风险与代价——《中国加入WTO议定书》中的特殊保障措施条款

《中国加入WTO议定书》中的第16条特殊保障措施条款,由于它的特殊性与其可能对中国经济和WTO法律体系造成的影响引起了广泛的关注和争议。该条款采取WTO体制所摒弃的选择性保障措施、“市场扰乱”、“灰色措施”等,而前所未有的“贸易转移”规则可能导致国际市场对中国关闭入口。该条款不仅可能扭曲国际贸易而对中国的经济带来灾难性的影响,而且会减损WTO机制的效力。我国必须设法尽可能地降低该条款的实行可能对中国经济的冲击。     

论“和”文化语境下的国际法治建设

国际秩序建立在国际法律制度基础之上,新格局之下的国际政治经济秩序需要相应的良法善治。以西方宗教文化为精神内核的当代国际法,面对人类当下存在的公共问题,已经难以做出有效应对。构建人类命运共同体之理念正是充分吸取了中国传统“和”文化的有益成分,对现存国际法治基础理论给予了补充和创新,对人类未来国际法治建设给予指导,因为“和”文化完全不同于西方“利”文化,更有助于实现不同文化、文明的和解和共荣。     

Will International Investment Rules Obstruct Climate Protection Policies? An Examination of the Clean Development Mechanism

Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This paper assesses the potential interaction between one important market-based environmental mechanism – the Clean Development Mechanism of the Kyoto Protocol on climate change – and the framework of international investment law.     

MEASURING THE THREAT OF GLOBAL CRIME: INSIGHTS FROM RESEARCH BY THE LEAGUE OF NATIONS INTO THE TRAFFIC IN WOMEN*

Despite increasing concern about the threat of global crime, it remains difficult to measure. During the 1920s and 1930s, the League of Nations conducted the first social‐scientific study of global crime in two studies of the worldwide traffic in women. The first study included 112 cities and 28 countries; researchers carried out 6,500 interviews in 14 languages, including 5,000 with figures in the international underworld. By drawing on archival materials in Geneva and New York, this article examines the role of ethnography in developing a social‐science measure of global crime threats. The discussion covers the Rockefeller grand jury and formation of the Bureau of Social Hygiene; the League's research in Europe, the Americas, and the Mediterranean; controversy concerning the use of undercover researchers; the League's research in Asia; and the end of the Bureau. The League's experience demonstrates the promise of multisite ethnography in research about global crime as well as the difficulty of mapping crime on a global scale.     

The 2 °C target: a European norm enters the international stage—following the process to adoption in China

“The 2 °C target—a European norm enters the international stage” is an empirical, qualitative study, using the case of China to illustrate the role played by the EU as a leader and forerunner pushing for a 2 °C target using diffusion mechanisms of persuasion and socialization. In order to better understand and evaluate how international and European climate norms enter the global and domestic discourse, the article details the nascent theoretical debate and critically assesses the role of the scientific community as translating medium. In the field of climate change China has been an increasingly important member of the UNFCCC process and a key target of European engagement policies. Process tracing shows that British scientific and political personalities took central roles introducing the discourse about the 2 °C target in China. The article aims to set an example of possible trajectories a norm can follow and will require further testing in the future.