Are international environmental agreements enforceable? implications for institutional design

Over the past several decades, European international environmental institutions have evolved, heeding institutionalist calls for stronger institutions backed by sanctioning and dispute settlement mechanisms. This apparent increase in institutional strength has led to a corresponding increase of the behavioral effectiveness, or active compliance management of institutions as observed in the incidence of arbitral tribunal decisions. However, upon closer examination, it is apparent that this behavioral effectiveness has not been exclusively due to provisions for arbitral tribunal decisions within international environmental agreements. Rather, the incidence and enforcement of these arbitral tribunal decisions is linked to the institutional design of the enforcement mechanisms. Most international environmental agreements rely on parties to raise disputes and enforce commitments, causing individual countries to bear the cost of enforcement. In addition, bringing a dispute to an arbitral tribunal requires the accordance of the parties to the dispute. In contrast, the European Court of Justice allows for enforcement to originate from a strong central authority and for the cases of arbitration to be filed unilaterally. International environmental agreements that have been joined by the European Community and have a provision for an arbitral tribunal have stronger enforcement mechanisms, are more likely to result in enforcement action, and are more effective in generating behavioral change.     

Towards an understanding of Bosnian drug policy： Legislative and institutional implications

This paper describes the evolution of drug consumption in Bosnia and Herzegovina, the current scope of this problem, and the legislative and institutional response to drug issues. The analysis of the legal and institutional framework for controlling illicit drugs in Bosnia and Herzegovina reveals that Bosnian drug policy is repressive in its nature, that implementation gap is evident in the field of drugs, as well as lack of institutional capacities in this area. It is argued that the Bosnian government, despite international pressure, has failed to undertake comprehensive measures in this field, which directly affects the effectiveness and efficiency of Bosnian drug policy, and that it is better for post-war Bosnia and Herzegovina to present another obstacle for prosperity.     

Power rather than path dependency? The dynamics of institutional change under health care federalism

Proposals for government decentralization rank high on the political reform agenda of health systems worldwide. Their impact on welfare state performance and change, however, is still under theoretical scrutiny. This article examines the impact of devolution on the construction of the Spanish National Health Service (NHS) in an attempt to shed some light on this debate. Against widespread claims of path dependency, we argue that the specific nature of the devolution model developed in Spain, given the more egalitarian sociopolitical structure that resulted from democratization, fostered policy innovation and institutional change. Consolidation of an NHS system was compatible with some regional diversity and apparently prevented the rise of significant territorial inequalities. The Spanish case also suggests that policy change depends more on the distribution of social power than on institutions. It underlines the key role of financial and knowledge transfers vis-à-vis institutional reforms in effecting social change as well as the potential for state intervention in supporting the development of collective action resources by social groups.     

Sugar and spice and everything nice? Exploring institutional misconduct among serious and violent female delinquents

Purpose

Despite an emerging body of research on the institutional behavior and adjustment of delinquent males, there exists little information on the incarceration experiences of female delinquents. The present study explored the incidence, prevalence, and determinants of institutional misconduct among a sample of 139 serious and violent delinquent females sentenced to state juvenile incarceration.

Methods

Secondary data analysis was used for the present study. Data utilized were derived from information originally gathered by correctional staff during intake at a state Youth Correctional System (a pseudonym) and during an offender's entire incarceration through on-site diagnostic processes, staff observations, official records, and offender self-reports.

Results

Members of the study sample engaged in roughly 700 incidents of major misconduct and more than 12,000 instances of minor institutional misconduct during their incarceration. Results from negative binomial regression models examining four different types of institutional misconduct revealed that age at commitment, offense type, mental health status, and gang affiliation were related to the expected rate of misconduct, although this varied by misconduct type.

Conclusions

Institutionalization is not necessarily a period of desistance from offending for all delinquent girls. As institutional misconduct may impact post-release recidivism, it is important to identify and intervene with at-risk juveniles during periods of incarceration.     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.     

A microeconomic model of the demand of civil justice: is one institutional context better than another?

The paper analyzes how institutional elements affect the decision to file of risk neutral agents. In particular, we introduce an objective probability of winning given by the combination of a precedent-weight parameter (defining the type of legal system) and a transparency factor. 603,000 simulated trials, shaped upon our model, reveal two main findings: (1) the transparency level matters in terms of inefficient decisions; (2) a precedent driven system is not necessarily more efficient. Hence, policy makers should invest in increasing the level of information among courts and between courts and the parties both in civil and common law systems.     

Constructing a New Scottish parliament for the ‘Europe of regions’: Can institutional engineering assure subsidiarity?

The creation of an elected parliament in Scotland raises questions for legislative scholars, among them how a parliamentary body representing a stateless nation within a member state of the European Union can influence and implement European legislation. One version of the ‘principle of subsidiarity’ states that decisions are taken as closely as possible to the citizen, encouraging assemblies throughout the EU to articulate and implement their own preferences in key policy areas. Reporting findings from a survey of the Scottish parliament's first cohort of legislators, this article identifies conflicting perceptions of subsidiarity, charts how best to pursue it, and evaluates the institutional norms, rules and procedures put in place to help secure it. Data demonstrate that preferences vary by level of MSP knowledge about European policy, by party membership and by method of election. Low levels of legislator knowledge combined with internal divisiveness constitute barriers to institutional strength in the pursuit of subsidiarity.     

Contestations over the financial linkages between the UNFCCC’s Technology and Financial Mechanism: using the lens of institutional interaction

International Environmental Agreements: Politics, Law and Economics - Under the United Nations Framework Convention on Climate Change (UNFCCC), to provide financial and technology support to...     

Chasing two hares at once? Effect of joint institutional change for promoting commercial use of university knowledge and scientific research

The Journal of Technology Transfer - Stimulating the university’s scientific research while encouraging the commercial use of the resulting knowledge is one of the foremost missions to...     

What drives patenting and commerzialisation activity at East German universities? The role of new public policy, institutional environment and individual prior knowledge

New public policy enacted in Germany in 2002, intends to increase the number of patent registrations of academic entrepreneurs, and facilitate the commercialization and spillover of innovation generated at public universities. Results from a survey amongst university patentees in two new German Laender, Thuringia and Saxony, accomplished in 2009, are reported focusing on government policy, university support, and the role of technology transfer in an organizational and cultural context. Using a two-step cluster analysis, the survey data are used to profile the patentees and to investigate whether personal attributes and institutional environment contribute to academic entrepreneurship. Empirical findings show that advanced age and non-university working experience contribute significantly to entrepreneurial behavior. New public policy contributes to facilitate patent registrations, but professional expertise for the commercialization of knowledge as well as financial and organizational support schemes needs further improvement. This explains why patent registrations have slightly increased but also why universities report very low levels of commercialization through entrepreneurship. We offer policy recommendations to overcome the existent barriers, among them, the professionalization of technology transfer or targeted marketing for registered patents.     

Doctors in the executive suite: should the U.S. and U.K. be putting M.D. licensure at risk for shortfalls in institutional quality of care?

As our healthcare system becomes further managed, delivery organizations are reincreasingly relying upon physician executives to administer the delivery of care by other individual providers. In both the United States and the United Kingdom, this has led to instances in which physician disciplinary procedures have been invoked with respect to physicians who are perceived to be responsible for institutional defiiciencies. The author examines and analyzes the contrasting approaches taken in the two countries, and recommends an activist approach for disciplinary agencies faced with these circumstances.