渔权之争：论双边渔业协定应考量的若干问题

两国订立双边渔业协定涉及到多个方面的问题,不仅需要考虑管理和执法的便利,也需要兼顾渔民历史作业习惯与传统的渔区;不仅需要公平分配捕捞配额,更需要考虑各自的捕捞能力、渔业资源的养护以及可持续的利用;不仅要因应当前的渔业纠纷,还要考虑对于今后海域划界可能产生的影响;不仅要与国内相关立法协调,还要与国际社会既存的硬法、软法配套;不仅要考虑渔业自身的因素,还需要考虑对于航行、海难救助、海底探矿与采矿、科学研究、水下考古等活动的可能的影响.只有兼顾和平衡各方因素与利益的协定,才可能真正定纷止争.     

Canada–USA Bilateral Fisheries Management in the Gulf of Maine: Under the Radar Screen

Canada and the USA have developed a series of cooperative initiatives that address transboundary fisheries issues in the Gulf of Maine. The Canada–USA Steering Committee serves as an umbrella forum for discussing and coordinating transboundary management measures. Through the work of the Transboundary Resource Assessment Committee and the Transboundary Management Guidance Committee, the Steering Committee has overseen the development of joint scientific stock assessments and a sharing agreement for groundfish resources in the vicinity of the eastern Georges Bank. The bilateral Fisheries Enforcement Agreement helps ensure the success of such cooperative management initiatives by combating illegal fishing in the vicinity of the international boundary. However, the largely informal 'under the radar screen' arrangements, while positive on many fronts, to date fall short of fully implementing key principles of sustainable development, such as public participation, the ecosystem approach, integration and precaution.     

Therapeutic jurisprudence: A framework for evidence-informed health care policymaking

Translation of evidence-based practice (EBP) into health care policy is of growing importance, with discussions most often focused on how to fund and otherwise promote EBP through policy (i.e., at system level, beyond the bedside). Less attention has been focused on how to ensure that such policies - as enacted and implemented, and as distinguished from the practices underlying policies - do not themselves cause harm, or at least frustrate accomplishment of "therapeutic" goals of EBP. On a different front, principles of therapeutic jurisprudence (TJ) in law have been developed, most prominently in certain areas of law (e.g., mental health and family law), to support more collaborative, less traumatic advocacy and conflict resolution. This paper draws on current applications of TJ and translates such into a therapeutic approach to health care policymaking that moves beyond promotion of EBP in policy. Health care policy itself may be viewed as an intervention that impacts health, positively or not. The goal is to offer a framework for health care policymaking grounded in TJ principles that does not focus on which evidence is "right" for policy use, but rather how we can better understand how consequences of policy, intended or not, affect the well-being of populations. Such framework thus moves policymaking from an either/or debate to a data- and human-driven process. Utilizing TJ framing questions, policies can be developed and evaluated through open dialogue among diverse voices at the table, including - like interventions - the "patients" or, here, targets of such policies. Collectively, they clarify how ends sought - to enhance (or at least not impair) health - can best be achieved through policy when needed, recognizing that as an intervention, there are limits to and boundaries on the usefulness of policy.     

A Race for the Regs: Unified Government,Statutory Deadlines,and Federal Agency Rulemaking

Theory suggests that Congress should delegate more policymaking authority to the bureaucracy under unified government, where lawmakers are less worried about the president orchestrating “bureaucratic drift.” Yet, all unified governments come to an end, making broad delegations potentially advantageous to future lawmaking coalitions (“coalitional drift”). We seek to assess how lawmakers simultaneously limit the risk of each of these pitfalls of delegation. Our answer is rooted in Congress’s ability to spur agency rulemaking activity under unified government. Specifically, we expect statutes passed under unified government to require agencies to issue regulations quickly and for enacting coalitions to use oversight tools to influence agency policy choices. Such “proximate oversight” allows coalitions to cement policy decisions before a new election changes the configuration of preferences within Congress and the executive branch. We assess our argument using unique data on both congressional rulemaking deadlines (1995–2014) and the speed with which agencies issue regulations (1997–2014).     

The Politics of Racial Disparity Reform: Racial Inequality and Criminal Justice Policymaking in the States

Racial inequalities in criminal justice are pressing problems for policymakers. Prior literature suggests elected officials promulgate punitive, racially disparate criminal justice policies due to partisanship and racial fears, but scholarship has yet to explain how and why elected officials address racial problems in criminal processing. This article introduces the framework of racial disparity reform policymaking. A racial disparity reform is a policy that seeks to reduce distinctions in criminal justice institutions’ treatment of racial groups. Elected officials pursue these policies due to ideological beliefs in civil rights ideals and political interests in appearing to solve social problems. Using an original database of policy enactments, this article first presents the distribution and types of reform measures adopted by elected officials in all 50 states between 1998 and 2011. It then examines social and political explanations for when state legislatures and executives adopt racial disparity reforms. Policy enactment is predicted by worsening problems of racial disproportion in criminal processing, Democratic control of elected branches, and the absence of judicial efforts to improve racial fairness within a state’s criminal justice system. Similar dynamics encourage the development of different measures types within policies. Such ideological and problem-solving explanations for racial disparity reform show a potential for elected officials to forge more racially just criminal justice practices.     

The Opportunistic President: How US Presidents Determine Their Legislative Programs

The president is the most influential policy actor in US politics, and his legislative program greatly influences Congress's agenda. Yet little research has focused on what factors affect the president's choices when constructing his agenda. We develop a theory that determines when a president will include an issue in his program. We hypothesize that presidents structure their agendas around the congressional calendar for consideration of expiring laws and salient issues. Using data over 28 years and across 12 policy areas, we find presidents build their programs around these policymaking opportunities. We assert that presidential agendas are less driven by individual priorities than previous accounts have concluded.     

Breaking gridlock: the determinants of health policy change in Congress

Prior to the 2010 health care reforms, scholars often commented that health policy making in Congress was mired in political gridlock, that reforms were far more likely to fail than to succeed, and that the path forward was unclear. In light of recent events, new narratives are being advanced. In formulating these assessments, scholars of health politics tend to analyze individual major reform proposals to determine why they succeeded or failed and what lessons could be drawn for the future. Taking a different approach, we examine all health policies proposed in the U.S. House of Representatives between 1973 and 2002. We analyze these bills' fates and the effectiveness of their sponsors in guiding these proposals through Congress. Setting these proposed policies against a baseline of policy advancements in other areas, we demonstrate that health policy making has indeed been far more gridlocked than policy making in most other areas. We then isolate some of the causes of this gridlock, as well as some of the conditions that have helped to bring about health policy change.     

Robots,standards and the law: Rivalries between private standards and public policymaking for robot governance

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.     

A Theoretical examination of police entry-level uncorrected visual acuity standards

Police organizations function in a dynamic environment that requires management to make adjustments to constant changes. The focus of this paper is on entry-level uncorrected vision entry standards that are being affected by recent technological advancements in the optical field. Extreme policy variances exist relative to - these requirements and many of the more rigid policies are grounded in unrealistic foundations. Many of these foundations relate to problems relevant to spectacles. Additionally, these standards are based on very remote events. An analysis of these policies and policy recommendations are presented in this paper.     

Domestic environmental activists and the governance of the Ganges and Mekong Rivers in India and China

It is generally considered difficult to resolve negative unidirectional externalities within hydro-hegemonic basins in which the upstream powerful riparian has the incentive to unilaterally develop the river without regard to downstream consequences. Weaker downstream riparian states can resort to issue linkages and side payments to coerce a change in the upstream hydro-hegemon’s behavior, but the success of these tools depends on the specific political and economic situation in the basin and on the preferences of the hydro-hegemonic state for cooperation. Neglected in the literature is another possibility. Through a consideration of the sanctioned discourse of watershed management at the domestic levels, this article shows that domestic environmental non-governmental organizations and policy entrepreneurs—through the application of a range of tools—can work to change the domestic water management discourse from a state-hydraulic paradigm to a more sustainable water management paradigm. When these efforts are successful, we can find that these non-state actors can perform a crucial function in cleaning up domestic stretches of international rivers, which produces positive externalities downstream. In the process, they are able of achieving what often years of international negotiations failed to accomplish. Drawing on semi-structured interviews, India’s policies on water quality in the national stretches of Ganges Basin and China’s policies on biodiversity in the national stretches of the Mekong Basin are used to make this argument.     

Support for Current Sex Offender Management Policies: A National Survey of the Perceptions of Professionals

Utilizing a sample gathered from two professional organizations, this study compared the perceptions held by criminal justice professionals and clinical specialists toward current sex offender management policies. In addition to controlling for demographic variables, consideration was given to the roles of belief in the cause of sex offending and punishment philosophy, both largely absent from the literature on sex offender policy perceptions, as influencing factors of policy support. Results indicate low levels of support for current policies across professional groups, however, criminal justice professionals are significantly more likely to support current policies than clinical specialists. Furthermore, belief that sex offending is caused by a lack of virtue, holding a traditional punishment philosophy, and being a parent were associated with increased support for current policies. The implications of these findings for the management of sex offenders are discussed.     

Facilitating corruption and human rights violations: the role of international financial institutions

The connection between corruption and the suppression of human rights has been recognized by scholars of human rights, state and state-corporate crime, non-governmental organizations, the United Nations as well as various governments. Scrutiny of governmental and/or regime corruption has been a primary focus, in relation to barriers and/or violations of human rights. Additionally, multinational companies’ complicity in corruptive policies and practices has raised concerns, in particular in the arms and natural resources sector. Glaringly absent, however, within the criminological literature are discussions of, and research on, the role of international financial institutions (IFIs) in relation to high levels of state corruption, save for the relatively little criminological research that has explored how cooperative endeavors between international financial institutions, transnational corporations, and states often result in demonstrably harmful activities as a result of structural adjustment policies. As such, it seems appropriate to consider how certain components and/or policies of IFIs facilitate rather than constrain corruptive practices by regimes, militias, paramilitaries, and transnational corporations. Such an exercise is not only important for its etiological contributions, but also to draw criminological attention to this phenomenon and because these organizations have stated a commitment to reducing state level corruption. I hope to extend the focus and insights of criminological analysis of crimes of globalization herein.     

Notes from the laboratories of democracy: state government enactments of market- and state-based health insurance reforms in the 1990s

We identify two policy strategies that state governments pursue to reduce uninsurance, and we classify policies as being either state based or market based. The two policy strategies are distinguished by whether states rely on the institutional capabilities of the state or market processes to provide insurance. We develop and test models to explain states' adoptions of each type of policy. Using Poisson regression, we evaluate hypotheses suggested by the two strategies with data from U.S. states in the 1990s. The results indicate that institutionally more-capable state governments with strong liberal-party presence in the legislature adopt more state-based policies and fewer market-based policies. By contrast, the model of market-based, business-targeted reforms reveals that government capability plays a smaller role. Instead, these policies are driven by economic affluence, political competition, higher incomes, greater uninsurance, and more previous attempts to address the uninsurance problem. These findings reveal distinct institutional, partisan, electoral and demographic influences that shape state-based and market-based strategies. First, policy choices can be driven by the presence or absence of state capability. The domain of feasible policy choices open to states with institutional capability may be decidedly different than that available to states with fewer institutional resources. Second, while market-based policy approaches may be the most feasible politically, they may be the least successful in remedying practical uninsurance issues. These results thus reveal that institutional characteristics of states create an important foundation for policy choice and policy success or failure. These results would suggest that the national government's strategy of pursuing market-based solutions to the problem will not result in its being solved.     

Police Use of Less Lethal Force: Does Administrative Policy Matter?

Scholars have long theorized that constraining police officer discretion via organizational policy improves decision-making. Empirically, prior research shows that more restrictive lethal force policies result in a reduction in the number of police shootings and in racial disparity. Yet, researchers have never examined the impact of less lethal force policies in relation to the full spectrum of less lethal force tactics. In addressing this research void, we examine 3,340 use of force incidents from three US agencies, each varying in terms of policy direction and restrictiveness. The results consistently show that officers working within the most restrictive policy framework used force less readily than officers who operated within more permissive policy environments. Hence, police administrators wishing to reduce coercion should consider the potential effect that a more restrictive policy may have on such behavior.     

可持续发展的森林资源立法研究

可持续发展是当今世界发展的主旋律,森林资源立法应当以可持续发展为基本原则.我国虽然已经形成了比较完备的森林资源保护的法律架构,但囿于立法时代的局限尚有不足.森林资源立法应当确立可持续发展的原则,建立广泛的公众参与机制及非公有制林业的激励机制.此外,森林资源立法可以规定评估和监测制度作为森林资源发展的保障制度,同时还应该注意与其他相关法律法规的协调,使森林资源在合理、稳定、相互协调的法律与政策的环境下实现可持续发展.     

Transparency in 21st century fisheries management: Options for public participation to enhance conservation and management of international fish stocks

Abstract

Effective implementation of international environmental and natural resource conservation agreements depends not only upon the cooperation of contracting parties, but also upon the ability of the agreement to win the continuing support and input of non‐governmental stakeholders. This view, accepted and advocated by nations in the 1992 Rio Declaration, Agenda 21, and the recent Aarhus Convention on Public Participation, is now being incorporated into modern regional fisheries management organizations. These and earlier fisheries organizations can benefit from an awareness of how other multilateral agreements that adhere to the Rio Declaration and Agenda 21 tenets have enhanced sustainable development through their provisions for transparency and public participation. This article surveys how these regimes have implemented the principles of access to information, access to decision‐making and access to justice, and makes corresponding recommendations to assist fisheries management organizations in achieving their goals.     

Noncompliance with Parental Leave Provisions in Korea: Extending Institutional Research to a New Legal Context

We investigate Korean organizations' noncompliance with parental leave provisions. A survey of 1,750 organizations reveals that 19 percent are fully noncompliant (i.e., no policy in place) and 29 percent are partially noncompliant (i.e., acknowledged failure to implement policy). We examine whether organizational characteristics and conditions that predict responsiveness to US employment law are relevant in Korea and apply to a concrete parental leave requirement. Our results show that the predictors of full and partial noncompliance differ, suggesting different motives or processes among noncompliant organizations. Sector and size reduce the odds of full noncompliance but are unrelated to implementing parental leave policies. Having a human resources department predicts that only implementing adopted policies and gender traditionalism increase the likelihood of noncompliance. This is the first theoretically informed investigation of noncompliance with Korean parental leave laws and provides new evidence of the value of institutional perspectives on employment law beyond the US context.     

Planning and the play of power: Resource acquisition among criminal justice agencies

The article reports a portion of the findings of a national study of manpower planning in criminal justice. The study and its findings have been reported more fully elsewhere. The present article reexamines and reconsiders the data specifically with respect to public policymaking, the behavior of public organizations, and the role of fact and value in the allocation of government resources.     

How Their Laws Affect our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790–2010

Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of policy convergence, transfer, and diffusion? We draw on an analysis of immigration and nationality laws of 22 countries throughout the Western Hemisphere from 1790 to 2010, and of seven case studies of national and international policymaking, to show that policies are often interdependent, even in the domain of immigration law, which scholars have presumed to be relatively immune to external influence. We argue that specific mechanisms of diffusion explain the rise of racist immigration policies in the Americas, their subsequent decline, and the rise of an anti‐discriminatory norm for policies. Most striking among our findings is that at key junctures after 1940, weaker countries effectively advanced an anti‐discriminatory policy agenda against the desires of world powers. We identify the conditions under which weaker countries were able to reach their goals despite opposition from world powers.     

The Global Adoption of National Policies Protecting Children from Violent Discipline in Schools and Homes, 1950–2011

With a focus on the relationship between women's and children's rights and theories of globalization, we conduct an event history analysis of more than 150 countries between 1950 and 2011 to assess the factors associated with policies banning corporal punishment in schools and homes. Our research reveals that formal condemnation of corporal punishment in schools is becoming a global norm; policies banning corporal punishment in the home, in contrast, are being adopted more slowly. We find that the percentage of women in parliament is associated with the adoption of anti‐corporal punishment policies in both schools and homes, suggesting a nexus between women's and children's issues. Countries with more ethnic diversity are slower to adopt home policies, however. We propose that minority groups in these countries may be resistant to laws because of the risk of selective or prejudicial enforcement. In terms of globalization, more aid is associated with both school and home policies, and countries that have ratified the Convention on the Rights of the Child are more likely to adopt home policies. Surprisingly, international nongovernmental organizations are not significantly associated with either type of policy adoption.