Governing complexity: How can the interplay of multilateral environmental agreements be harnessed for effective international market-based climate policy instruments?

International Environmental Agreements: Politics, Law and Economics - Major new multilateral environmental agreements (MEAs) have entered into force in 2016, including the Paris Agreement (PA)...     

Mandating – a likely scrutiny instrument for regional parliaments in EU affairs?

ABSTRACT

Scrutinising governments lies at the heart of parliamentary activities in EU affairs. This applies to national as well as to regional parliaments, most of which possess a toolbox of scrutiny instruments, including the power to mandate, allowing for the strongest form of scrutiny vis-à-vis governments. The article investigates the existence of mandating tools in the 70 regional parliaments equipped with legislative competences in Austria, Belgium, Germany, Italy, Spain and the UK, whose role in EU affairs has been strengthened by stipulations in the Lisbon Treaty. It is argued that mandating tools are, first, not widely used; second, they are more commonly applied in cases where national parliaments act as ‘policy shapers’ – enabling policy transfer – and if meso-level factors involving territorial politics create further incentives. In sum, the regional parliaments in six member states are still trying to find a place in the maturing EU multi-level parliamentary system.     

Polygraph testing for deception in Australia: effective aid to crime investigation and adjudication?

Polygraph testing--or the monitoring and analysing of selected physiological measures of an individual who is being interviewed, for the purpose of detecting deception--is controversial in Australia. Considerable mythology surrounds this method of detecting deception. Embedded in popular perceptions of crime fighting and utilised in high-profile criminal cases in Western Australia, Victoria and Queensland, polygraph testing is also explicitly prohibited from being used in crime investigation in New South Wales. Unlike in the United States, polygraph testing has not hitherto routinely been used by government departments and authorities as a preemployment screening tool, but is increasingly being offered in the private sector in Australia. This article examines the current scope of polygraph testing in Australia, describes different approaches to testing, briefly reviews recent information relating to validity and evaluates State legislation prohibiting the use of polygraph testing for specified purposes in New South Wales. Consequent to the continuing controversy regarding the accuracy of polygraph testing in detecting deception (and, conversely, truth-telling), it is argued that the emerging use of polygraph testing is problematic and common law principles rendering the results of such testing inadmissible in court do not constitute sufficient safeguard against inappropriate and intrusive testing. Future research should identify specific polygraph testing techniques and consider the most socially beneficial way of regulating this emerging area of practice.     

Youth victimization: school climate or deviant lifestyles?

Despite much focus on school violence, there has been little research that explores the relationship between offending and victimization in various school climates. School climate theory suggests that the school's social system, culture, milieu, and ecological structure affect student outcomes including academic performance, delinquency, and more recently, victimization. Hierarchical analysis of data from 5,037 11th-grade students in 33 schools found that offending behavior was the strongest predictor for both minor and more serious forms of victimization. School climate, specifically the social cohesion of schools, reduced serious violent victimization risk. However, school climate did not affect the relationship between offending and victimization, and was not substantially modified when characteristics of the school environment were considered.     

China in the Asia–Pacific Partnership: consequences for UN climate change mitigation efforts?

This article discusses China’s motives for participation in the Asia–Pacific Partnership on Clean Development and Climate (APP), and whether this has or will have consequences for its participation and efforts in the UN track of international climate governance. In order to discuss these issues, it also provides an outline of key national priorities and explains the nature of China’s involvement in both the UN track and the APP. It suggests that the APP is a complement to the UN process, not a competitor, in the case of China. APP participation represents a win–win situation in terms of the transfer of technology and know-how for solving challenges related to energy security and greenhouse gas emissions. For the Chinese leadership, this seems preferable to taking on UN commitments which it fears would impede economic development. The APP’s projects also seem to complement the Kyoto Protocol’s Clean Development Mechanism project in China. This article argues that there is little indication that China would make less of an effort under the UN track.

Allocation of aid for adaptation to climate change: Do vulnerable countries receive more support?

Wealthy countries spend increasing amounts of aid to support adaptation to climate change in developing countries and have committed under the UN Framework Convention on Climate Change to prioritize adaptation aid to those “particularly vulnerable” to climate change. While research has started to track this aid, it has not yet examined its allocation across all donor and recipient countries. We thus do not know to what extent vulnerable countries indeed receive more support for adaptation. We address this research gap and ask: how does this commitment to prioritizing particularly vulnerable countries translate into actual adaptation aid allocation? To what extent do vulnerable countries receive more adaptation aid? We address these questions though a quantitative analysis of data from the Organization for Economic Cooperation and Development on bilateral adaptation aid from 2011 through 2014. In contrast to other studies, we find that vulnerability—or more precisely, vulnerability indicators—matter for adaptation aid allocation. Countries that are more exposed to climate change risks, such as extreme weather events or sea level rise, receive more adaptation aid, both on a per capita basis and as a percentage of all adaptation aid. These results indicate that collectively (even if not at the level of each individual donor) donors align their bilateral adaptation aid allocation with global promises.     

Mental health specialized probation caseloads: Are they effective?

With the large and growing number of persons with mental illnesses under probation supervision, a form of specialized probation called specialized mental health caseload (SMHC) has been implemented. This study explores the effectiveness of a prototypic SMHC implemented statewide. A quasi-experimental design was used to compare criminal justice, mental health, and community engagement outcomes among three caseloads: a newly established SMHC supervising no more than 30 clients per officer (N = 1367); an established SMHC supervising roughly 50 clients per officer (N = 495); and a traditional caseload of clients receiving mental health treatment and supervised by officers with average caseloads of over 130 clients (N = 5453). Using a mixed methods approach, we found that the SMHC was implemented with high adherence to fidelity, and comparisons based on different caseload samples generally support the effectiveness of the specialized mental health caseload, particularly on criminal justice outcomes. Future studies using random assignment are needed to examine the connection among mental health symptoms, compliance with treatment and probation supervision, and recidivism.     

IsTeen Court effective for repeat offenders? A test of the restorative justice approach

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.     

Framework for the future? Exploring the possibility of majority voting in the climate negotiations

The United Nations Framework Convention on Climate Change (UNFCCC) is struggling in its attempts to address the threat of anthropogenic climate change and create an effective international climate agreement. A substantial part of the problem is consensus decision-making within the Convention. Majority voting is a potential alternative which is already being discussed within the UNFCCC. A comparative analysis of consensus and majority voting suggests that majority voting is superior in terms of both efficiency and effectiveness by allowing for quicker decision-making and semi-global approaches to a climate agreement (termed here as “Critical Mass Governance”). This paper aims to investigate how majority voting could be implemented in the UNFCCC and to consider politically feasible and effective approaches to voting arrangements for the Convention. There is a legal opportunity to introduce voting through adoption of the draft Rules of Procedure, but this faces political opposition. A type of Layered Majority Voting with larger majorities for financial and substantial matters is considered to be the optimal approach in balancing political feasibility and effectiveness. For now, voting is not politically feasible for the UNFCCC, but could be introduced into future bodies or treaties under the Convention.     

Brazil and the Paris Agreement: REDD+ as an instrument of Brazil’s Nationally Determined Contribution compliance

International Environmental Agreements: Politics, Law and Economics - The Paris Agreement on climate change recognises the central role of forests in achieving the well-below 2 °C...