A theory of executive dominance of congressional politics: the committee system in the Brazilian chamber of deputies

This article analyses the Brazilian Chamber of Deputies committee system using rational choice theories developed originally for the US Congress. We suggest that pure versions of these theories are unable to explain Brazilian committee politics, and point out the necessity of building a specific theory that takes into account key institutional characteristics which give the Brazilian Executive considerable power to control the legislative process to assure outcomes consistent with presidential preferences. We demonstrate that committees in Brazil operate to some degree as agents of the executive. For this reason, we call it the Theory of Executive Dominance.     

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.     

Nanotechnology and the US national innovation system: continuity and change

A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic” nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions for the long-term efficiency and innovative performance of nanotechnology-related R&D.     

Special issue: Exploring global and transnational governance of climate change adaptation

International Environmental Agreements: Politics, Law and Economics -     

美国商标合理使用原则的最新发展：the Beach Boys一案评析

商标合理使用,是指他人在生产经营活动中可以正当地使用权利人的商标,而不必征得权利人的许可并不必支付商标使用费。商标合理使用原则是商标法的重要组成部分,是对商标权利人的权利限制。该原则的目的是为了平衡商标权利人与他人的合法权利以及兼顾社会公共利益。商标合理使用是法律     

The framing and governance of climate change adaptation projects in Lao PDR and Cambodia

This study explores the way climate change adaptation projects in Cambodia and Lao PDR have been framed. Four frames were identified: inadequate infrastructure; information deficits; limited planning capacity; and insecure access. In all frames, there was internal coherence among: the problems identified; the form solutions are expected to take; and who should be included and in what roles. All projects claimed to be addressing the needs of farmers vulnerable to climate change. The infrastructure, information, and capacity frames are apolitical and privilege expert knowledge, whereas the access frame places rights and justice issues centrally, and thus holds more potential for addressing the root causes of vulnerabilities and supporting more just distribution of resources and power. Framing can interact with how projects are governed, for example, through assigning roles to actors based on types of solutions prescribed. The extent and direction of frame elaboration also depend on how a project is governed. Meeting local needs and objectives, for example, is constrained when external actors have too much influence in project governing structures, and initial project plans written from afar are followed too narrowly. This study shows that frames are an important part of the governance of adaptation projects.     

Access and allocation in earth system governance: water and climate change compared

A significant percentage of the global population does not yet have access to safe drinking water, sufficient food or energy to live in dignity. There is a continuous struggle to allocate the earth’s resources among users and uses. This article argues that distributional problems have two faces: access to basic resources or ecospace; and, the allocation of environmental resources, risks, burdens, and responsibilities for causing problems. Furthermore, addressing problems of access and allocation often requires access to social processes (science, movements and law). Analysts, however, have tended to take a narrow, disciplinary approach although an integrated conceptual approach may yield better answers. This article proposes a multi-disciplinary perspective to the problem of access and allocation and illustrates its application to water management and climate change.     

公共服务背景下再议村民委员会作为行政诉讼被告资格

作为自治组织——村委会能否成为行政诉讼的被告,争论很多。村委会虽然不是行政机关．但它是国家政治体系的有机组成部分,在正常的职责活动中履行着相应的行政管理职能,有相对独立的行政职权。在公共服务背号下,村委会办理公共事务和公益事业,以实现其“公共职能”为直接目的行为,是一种准行政行为。所以．村委会在履行某些行政职能并以自己名义作出具体行政行为,发生争议引起诉讼时,应当成为行政诉讼的被告。     

Long‐Term Change and Stability in House Voting Decisions: The Case of the Minimum Wage

Although members of Congress exhibit considerable stability in their voting decisions on similar, recurring issues, members' long‐term voting histories reveal evidence of systematic instability as well. I argue that members reverse positions in predictable ways when the vote history loses value as a decision cue, and I present empirical evidence for this behavior in the context of the highly salient and regularly repeated House decisions on increasing the federal minimum wage. The empirical findings suggest that reversals of member positions are related to institutional, electoral, and constituency factors. I conclude by discussing the importance of these findings to understanding congressional decision making and representation.     

20 Years of global climate change governance research: taking stock and moving forward

International Environmental Agreements: Politics, Law and Economics - Research on global climate change governance is no longer primarily concerned with the international legal regime, state...     

Networking for climate change: agency in the context of renewable energy governance in India

Climate change has disastrous impacts in the developing world and confronts countries like India with immense challenges. The dilemma of addressing these challenges encourages the appearance of new modes of agency. However, the extent to which new agents are able to address these challenges depends on several factors. The aim of this article is to examine these factors and how they affect the ways in which climate change-related challenges to development are tackled in the case of the Indian wind energy sector. By firstly examining the attributes and capabilities of the different actors and secondly applying a stakeholder network analysis, the article identifies different characteristics that support the effective and efficient deployment of wind energy in one Indian state and hinder it in another.     

美国判例法:商业秘密价值性的确定与证明

商业秘密价值性乃是商业秘密的构成要件以及判断侵权行为成立与否的要素.对此,美国判例法已经形成被告使用了商业秘密、原告因商业秘密而产生了收入、商业秘密对被告具有价值和原告为研发商业秘密投入了精力、时间和金钱这四个主要判断要素.在规则阙如之际,美国判例法所形成的这些规则,可以为我国司法实践所借鉴.     

从Kinik案看美国进口贸易中方法专利的保护问题

美国<专利法>第271节(g)款和<1930年关税法>第337节均规定了对美国方法专利的保护,但正如2004年发生的Kinik Co.v.International Trade Com'n.一案所揭示的,两者的保护标准存在着实质性差别.在本案中,美国国际贸易委员会认为美国<专利法>第271节(g)款中的安全港条款不适用于337条款程序,而联邦巡回上诉法院在上诉程序中支持了这一决定.这起案件表明,美国<专利法>和337条款在对方法专利的保护标准方面存在着差异,而这种保护标准的差异可能导致美国违反了根据GATT1947第3条和第20条、以及TRIPs协定第27条的规定所承担的义务.     

Legislative incapacity: the congressional role in environmental policy-making and the case of Superfund

Congress plays a central role in national environmental policy formation but appears ill equipped to set policy priorities and devise integrative legislation. Fragmentation of authority among a multiplicity of committees and subcommittees, especially in the House, contributes to these problems. This pattern is evident in the evolution of Superfund, the national program to clean up abandoned hazardous waste sites. The prolonged process of reauthorization in the 1980s contributed to serious program delay and failed to resolve a number of fundamental questions concerning the national cleanup effort. Institutional reforms could contribute to a more effective congressional role in future environmental policy deliberations.     

"Holy Rus": The Geopolitical Imagination in the Contemporary Russian Orthodox Church

The author analyzes the geographical and geopolitical ideas inherent in the concept of "Holy Rus" as used by Patriarch Kirill and other hierarchs of the Russian Orthodox Church.     

The Hamdan Case and Conspiracy as a War Crime: A New Beginning for International Law in the US

In the Hamdan decision, Judge Stevens, writing for the majority,addressed the boundaries of the law of war and specificallywhether the conspiracy charge lodged against Hamdan constituteda violation of this body of customary international law. TheSupreme Court persuasively held that conspiracy does not constitutea war crime.