方法论视角下的治理理论与中国乡村治理

我国乡村治理理论具有非常鲜明的特色,它立足于农村社会实际,寻求以历史和现实资源解决问题.乡村治理主要是以农村、农业、农民为中心,但又涉及到现实中国各方面的改革开放实践和社会产业结构、利益实现、社会结构、区域协调等问题.我国乡村治理的基本问题应包括乡村治理体制的创新、乡村治理体制中存在的问题及推进乡村治理体制的改革和发展等方面.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

The roles of non-state actors in climate change governance: understanding agency through governance profiles

Globalization processes have rendered non-state actors an integral part of global governance. The body of literature that has examined non-state actor involvement in global governance has focused mainly on whether and how non-state actors can influence states. Less attention has been paid to the comparative advantages of non-state actors to answer questions about agency across categories of non-state actors, and more precisely what governance activities non-state actors are perceived to fulfil. Using unique survey material from two climate change conferences, we propose that different categories of non-state actors have distinct governance profiles. We further suggest that the different governance profiles are derived from particular power sources and that agency is a function of these profiles. The study thereby contributes to a strand in the literature focusing on the authority of non-state actors in climate governance and broadens the methodological toolkit for studying the “governors” of global governance.     

Lessons learnt in global biodiversity governance

International Environmental Agreements: Politics, Law and Economics - INEA has featured many articles covering the dilemmas, puzzles, and tensions related to global biodiversity governance; this...     

Recent developments in German corporate governance

This paper provides an overview of the German corporate governance system. We review the governance role of large shareholders, creditors, the product market and the supervisory board. We also discuss the importance of mergers and acquisitions, the market in block trades, and the lack of a hostile takeover market. Given that Germany is often referred to as a bank-based economy, we pay particular attention to the role of the universal banks (Hausbanken). We show that the German system is characterised by a market for partial corporate control, large shareholders and bank/creditor monitoring, a two-tier (management and supervisory) board with co-determination between shareholders and employees on the supervisory board, a disciplinary product–market, and corporate governance regulation largely based on EU directives but with deep roots in the German codes and legal doctrine. Another important feature of the German system is its corporate governance efficiency criterion which is focused on the maximisation of stakeholder value rather than shareholder value. However, the German corporate governance system has experienced many important changes over the last decade. First, the relationship between ownership or control concentration and profitability has changed over time. Second, the pay-for-performance relation is influenced by large shareholder control: in firms with controlling blockholders and when a universal bank is simultaneously an equity- and debtholder, the pay-for-performance relation is lower than in widely held firms or blockholder-controlled firms. Third, since 1995 several major regulatory initiatives (including voluntary codes) have increased transparency and accountability.     

Effective governance of transnational adaptation initiatives

International Environmental Agreements: Politics, Law and Economics - Transnational climate governance has mainly been preoccupied with climate change mitigation, both in practice and as studied in...     

Co-evolution of politics and corporate governance

In the OECD countries, there exists a negative cross-country correlation between an economy's degree of employment protection and its degree of corporate ownership dispersion. One explanation is that employees’ political rights influence corporate governance: systems characterized by strong employees’ rights tend to be balanced by strong and concentrated owners. In this approach, the separation between ownership and control is only possible when unions and social democratic parties are sufficiently weak. In this paper we argue that causation runs also in the opposite direction (from strong concentrated ownership to strong employees’ protection) and leads to multiple equilibria characterized by alternative co-evolution paths of politics and corporate governance. To empirically assess our theoretical arguments we estimate a simultaneous equation model for workers rights’ protection and corporate ownership structure determination by three-stage least squares in a sample of 21 OECD countries. We conclude by arguing that the relative relevance of each flow of causation has important economic policy implications.     

Earth system governance: a research framework

The Earth System Science Partnership, which unites all major global change research programmes, declared in 2001 an urgent need to develop “strategies for Earth System management”. Yet what such strategies might be, how they could be developed, and how effective, efficient and equitable such strategies would be, remains unspecified. It is apparent that the institutions, organizations and mechanisms by which humans currently govern their relationship with the natural environment and global biochemical systems are not only insufficient—they are also poorly understood. This article presents the science programme of the Earth System Governance Project, a new 10-year global research effort endorsed by the International Human Dimensions Programme on Global Environmental Change (IHDP). It outlines the concept of earth system governance as a challenge for the social sciences, and it elaborates on the interlinked analytical problems and research questions of earth system governance as an object of study. These analytical problems concern the overall architecture of earth system governance, agency beyond the state and of the state, the adaptiveness of governance mechanisms and processes as well as their accountability and legitimacy, and modes of allocation and access in earth system governance. The article also outlines four crosscutting research themes that are crucial for the study of each analytical problem as well as for the integrated understanding of earth system governance: the role of power, knowledge, norms and scale.     

Process-focused analysis in transboundary water governance research

Previous analysis of transboundary water governance has been focused primarily on state-centred approaches. The articles in this special section move us forward from this focus in three ways. First, they highlight the crucial role played by non-state actors in shaping water governance outcomes. Second, they show us how these actors can increase the ‘room for manoeuvre’ in negotiations. Third, they provide an entry point for developing process-focused approaches in transboundary water governance research. This article argues such an approach might improve our understanding of transboundary water outcomes and suggests new focus on how key actors form networks of alliances and shape decision-making landscapes at multiple governance levels and arenas. From a scholarly perspective, it brings to light the blurred boundary between state and non-state actors, as derived from a better understanding of the elusive links between actors and organisations; it unravels additional layers of complexity in the hydro-hegemony concept and bends the rigid notion of power asymmetry, towards the subtleties of power relations and interplays in transboundary decision-making processes.     

Legitimacy in REDD+ governance in Indonesia

This paper addresses the question of legitimacy in REDD+ governance in Indonesia. It develops a legitimacy framework that builds on elements of Scharpf (J Eur Pub Policy 4(1):18–36, 1997) input and output legitimacy concept and the political economy lens described by Brockhaus and Angelsen (Analysing REDD+: Challenges and choices, CIFOR, Bogor, 2012). Using data collected through key informant interviews and focus groups, we identify and explore stakeholder perceptions of legitimacy. The analysis reveals a complex interplay between input and output legitimacy, finding that state, non-state and hybrid actors perceive output legitimacy (i.e. project outcomes) as highly dependent on the level of input legitimacy achieved during the governance process. Non-state actors perceive proxies for input legitimacy, such as participation and inclusion of local people, as goals in themselves. In the main, they perceive inclusion to be integral to the empowerment of local people. They perceive output legitimacy as less important because of the intangibility of REDD+ outcomes at this stage in the process. The findings also highlight the challenges associated with measuring the legitimacy of REDD+ governance in Indonesia.     

Moral duties,compliance and polycentric climate governance

International Environmental Agreements: Politics, Law and Economics - Contributions to the climate governance literature have highlighted the importance of recognizing its new polycentric nature,...     

New families,new governance and old habits

In December 2011, the UK Government formally launched its ‘troubled families’ initiative. This is a focused programme of interventions, coordinated at local level and paid for by results. It has been described by the Prime Minister as a part of the ‘social recovery’ that has to be set alongside the economic recovery that is his government's priority. It is illustrative of a decisive shift in the nature of the welfare state as it reflects the neo-liberal political project. It also reflects a purposed shift in social attitudes towards troubled and troublesome families, driven to a considerable degree by a vicious popular press. It is indicative of a marked shift in the pendulum from ‘rehabilitation’ to ‘rescue’ as the focus of welfare practice with children and families. Recent developments in the promotion of adoption of children in the UK should be viewed in this light. This paper considers how those families with tense or divergent relationships with the state are to be governed in the context of a state and a set of social attitudes that represents a decisive break with the post-war welfare consensus.     

Geoengineering governance-by-default: an earth system governance perspective

Geoengineering—the deliberate interference in the climate system to affect global warming—could have significant global environmental and social implications. How to shape formal geoengineering governance mechanisms is an issue of debate. This paper describes and analyses the geoengineering governance landscape that has developed in the absence of explicit geoengineering regulation. An Earth System Governance perspective provides insight into the formation of norms resulting from an overlap in international treaties and from the actions of engaged non-state agents. Specifically, the paper explores the instruments and actors having effect in existing formal and informal geoengineering governance mechanisms. It finds that geoengineering is subject to a form of ‘governance-by-default’. This is due to a situation in which state actors have not resolved the tension between two legal norms: that of ‘precaution’ and that of ‘harm minimisation’. This governance-by-default is characterised by uneven regulation from existing multilateral agreements established for other purposes, an absence of regulation specifically focused on geoengineering, guidance from an international ambition to hold global average warming below 2 °C and to achieve net-zero emissions in the second half of the century, and strong normative engagement by the research community. Governance-by-default is likely to be a stopgap development until more enduring and focused governance emerges.     

Public markets, private orderings and corporate governance

In the New Property Rights approach the degree of incompleteness of markets is taken independently of the cost of the public ordering and of their efficiency relatively to private orderings. In this approach “public markets,” similarly to a Swiss cheese, are either assumed to be nonexistent empty holes (because of infinite third party verification costs) or assumed to be smooth and efficient (because of zero third party verification costs). When we allow for positive but not infinite third party verification costs we are necessarily pushed back to the insights of Commons, Coase, Fuller and Williamson. The degree of (in)completeness of public markets becomes an endogenous economic problem and managers can be seen as agents that make “second order” specific investments to run specific relations that cannot be efficiently handled by public markets. Managers and the public authorities build respectively private and public “legal equilibria” that set the working rules within which transactions can take place. Private and public legal equilibria are not only substitutes but also complements. This complementarity is an important source of the path dependency that characterizes the development of different legal systems. The framework is applied to GM’s acquisition of Fisher Body. We suggest that, contrary to the claims of the New property Rights approach, the advantages of the acquisition were not due to the superior incentives of the new private owners but should be rather related to the replacement of public markets by the new private ordering set up by Alfred Sloan.