The Strategic Approach to International Chemicals Management: Lost Opportunity or Foundation for a Brave New World?

Numerous international instruments have been developed to promote sustainable chemicals management. However, until recently, a common overarching framework for sustainable chemicals policy was missing. The Strategic Approach to International Chemicals Management (SAICM) was developed to address this challenge. This article will provide a short overview of the context and the negotiation process of SAICM, and it will give a short summary and assessment of its content. The article will conclude that SAICM is neither a lost opportunity nor the foundation of a brave new world of chemicals policy, but that it establishes a comprehensive institutional framework that can be further developed into an effective instrument of international chemicals policy.     

Victor’s justice or restorative justice: exploring the value of participation for Bangladesh’s future reconciliation process

Participation is a widely accepted process value in restorative justice, but its nature varies from context to context. This study explores the nature of participation in the context of Bangladesh’s future reconciliation process. Case study and qualitative interviews are employed to understand the phenomenon; the deductive and inductive data are analyzed with NVivo 10 software. On the basis of findings from three in-depth qualitative interviews, and examples from Rwanda’s gacaca courts and the Extraordinary Chamber in the Courts of Cambodia, this study argues that engaging and inclusive participation from all stakeholders is essential for a future reconciliation process in Bangladesh. It contends that the involvement of the United Nations would ensure rule of law, due process, and safety and security of the victims and perpetrators. Four inductive themes of participation – engagement, inclusiveness, stakeholders, and safety and security – are particularly highlighted.     

What drives national support for multilateral climate finance? International and domestic influences on Australia’s shifting stance

The fulfilment of wealthy countries’ commitment to mobilise $100 billion a year in climate finance by 2020 will hinge on maintaining domestic political support in contributor countries. Predictability in flows of climate finance is likely to enhance the overall stability of the climate finance system and the broader climate regime. However, at present it remains unclear how the 2020 target will be achieved and little is known about what drives fluctuations in support among contributor countries. This article explores domestic and international factors that may explain fluctuations in national support through a case study of Australia’s climate finance from 2007 to 2015. Drawing on documentary analysis and interviews with officials and stakeholders, the paper tracks two domestic factors that may influence support for climate finance—the government’s political orientation and public concern about climate change—and two international factors—commitment to multilateral agreements and international peer pressure. While some accounts view climate policy choices as being driven primarily by domestic factors, we find that the government’s political orientation on domestic climate policy and aid explains some but not all variations in Australia’s stance on climate finance. International peer group effects have moderated the positions of two governments that were otherwise reluctant to act on climate change. National policy reforms combined with improved multilateral oversight and more established replenishment cycles could bolster support in contributor countries and thereby strengthen the capacity of the climate finance system.     

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.     

CEO qualities and codes of ethics

Ethical issues have received growing attention recently, after corporate scandals and during the current economic crisis. Several initiatives have been adopted to restore confidence and trust in businesses, such as ethics codes. In addition, as a result of those scandals and financial frauds, several rules have focused on the role played by Boards of Directors in the planning and monitoring of codes of ethics. However, the empirical evidence is still scarce and needs some degree of extension. The purpose of this study is to determine the influence of several corporate governance features—particularly, the Chief Executive Officer (CEO)—on the decision of developing an ethics code, among Spanish companies. Our main findings point out the lack of influence of the CEO’s characteristics (except for CEO reputation) on the likelihood of having a corporate code, indicating that this decision has to do with a choice made by the company overall, perhaps because of regulatory reasons or stakeholders’ expectations. Also, we have checked how other variables, such as the extent of a firm’s participation in defence or other government contracts or multiple listings of the company in different financial markets, can influence the decision of developing an ethics code.     

论行政协议的范围——兼评《关于审理行政协议案件若干问题的规定》第1条、第2条

最高人民法院近期颁布了《关于审理行政协议案件若干问题的规定》,该司法解释界定了行政协议的概念和范围。从具体内容来看,解释对行政协议的概念界定过于模糊和宽泛,不当扩张了行政协议的范围,主体标准、目的标准和行政法上的权利义务关系等标准均难以成为行政协议的认定标准,应以非市场行为性作为识别行政协议的关键要素。同时,该解释所列举的矿业权等国有自然资源使用权出让协议以及政府投资的保障性住房的租赁、买卖等协议本质上属于市场行为,应为民事合同的范畴。该解释扩张了行政协议的范围,不符合行政协议非市场行为性的本质属性,不符合物权法等相关立法的规定,也不利于相关纠纷的解决。因此,应从合同法规则的可适用性、交易安全与交易效率以及维护契约严肃性等角度再行考量行政协议的概念与范围,以更好地实现行政协议的应有功能与作用,充分保障各方主体的合法权益。     

Enforcing compliance with international environmental agreements using a deposit-refund system

Whether nations are able to cooperatively manage shared resources through international environmental agreements (IEAs) depends on whether compliance with voluntary commitments can be enforced. Given that nations are sovereign enforcing compliance with IEAs cannot rely on the presence of a strong sanctioning body. Nonetheless, enforcement provisions must be effective in the sense that they will deter non-compliance and credible in the sense that they will actually be imposed. In this paper, we address the problem of enforcing compliance with IEAs by examining one promising mechanism—a deposit-refund system—that exhibits the necessary features for effective enforcement. We analyze a simple model to demonstrate the desirable properties of the mechanism and then consider the effects of imperfect monitoring, uncertainty, partial participation and reputation on the effectiveness of a deposit-refund system.     

La mediación en casos de sustracción internacional de menores por uno de los progenitores y los acuerdos voluntarios Transfronterizos: El Caso Mexicano

The general goal of the present article is to provide a way of reasoning through a series of conclusions that may contribute to foster a frequently overlooked topic in Private International Law, we refer to the acknowledgement and enforcement of voluntary cross-border family agreements that may as well result in the creation of Soft Law instruments, such as the Guidelines for good practice in mediation. These are definitely enough reasons to try to spare children from irreversible damage arising from international family conflicts that could be mitigated — if not altogether deactivated— through cross-border voluntary agreements, acknowledged and enforced in all jurisdictions involved.     

International Human Rights Law, Global Economic Reforms, and Child Survival and Development Rights Outcomes

Are recent trends in international law supporting child rights and promoting neoliberal economic reforms complementary or contradictory? To answer this question, we identify the component parts of child rights mobilization, recent global economic reforms, and child rights outcomes to theorize the particular relationships among them. Focusing on child survival and development rights in 99 poor and middle‐income countries from 1983 to 2001, we find that countries' acquiescence to established international law concerning economic rights influences the successful implementation of most of these rights, while the ratification of child rights treaties does not show an effect during the period studied. National links to child rights nongovernmental organizations are also associated with improved child rights outcomes, as is being selected to receive a loan from the World Bank (for reducing child labor and increasing immunizations). We find weak support for the hypothesis that the implementation of loan conditionalities is more deleterious for rights that are costlier to implement. We also find that achieving the goal of neoliberal economic reforms—trade openness—results in less successful implementation of most child rights outcomes considered. Finally, in a related analysis, we find that the ratification of child rights treaties, as well as the adoption and implementation of structural adjustment agreements, enhances the presence of child‐related organizations within countries.     

Environmental policy integration among multilateral environmental agreements: the case of biodiversity

The system of multilateral environmental agreements (MEAs) comprises hundreds of conventions and protocols designed to protect the environment. Institutional interaction within the MEA system raises issues of environmental policy integration (EPI), i.e. balancing different environmental objectives and considerations. Mainstream proposals for enhancing EPI in environmental governance build upon the assumption that environmental institutions are fragmented. However, recent research reveals that the MEA system has been defragmenting over the years such that EPI is less a problem of institutional fragmentation than of effective management of institutional interplay. This paper examines the factors affecting EPI among MEAs by looking at experiences in the cluster of biodiversity-related multilateral agreements. The analysis is based on a series of interviews with MEA secretariat officials and international experts conducted between September 2011 and January 2012. The paper identifies institutional, political and cognitive barriers constraining interplay management efforts. While some have proposed regulatory changes in the cluster, national-level co-ordination appears to be the best way to advance EPI.     

Richard Quinney on the Transformation of Self and Others: An Interview

As an alternative means of achieving justice, restorative practices are touted as community based. The ownership of decisions regarding the response to crime belongs to the key stakeholders, including victim(s), offender(s), and members of the community, both large and small. Each is invited to participate and through their participation, the stakeholders come to own the justice process and its outcomes. One challenge facing restorative practices lies in getting the community to participate. Without the community, several aspects of justice that are restorative, including forgiveness, support for participants, and reintegration are unlikely outcomes. This research examines community involvement in a victim–offender mediation program through observation and analysis of the agreements produced. The findings suggest that while restorative justice is theorized as community based, the community, in this case, appears absent.     

The making of plasma medicine. Strategy driven clusters and the emerging roles of cluster management and government supervision

In this paper we discuss the new generation of German innovation clusters as a model that reflects the paradigm of a supervising and even entrepreneurial role of government. The model evolves alongside a predominant programmatic design that postulates strategy driven clusters or virtual regional organizations consisting out of research laboratories, university departments, and SME. The cluster design implicates the management of strategic implementation, alignments, and the settlement of conflicts as well as the enabling of trust formation. The findings outlined in this paper draw on action research and expert interviews, carried out at the German cluster Campus PlasmaMed 2008–2011 and with stakeholders. The analyzed cluster is funded by German Ministry of Education and Research, BMBF Innovation und State of the Art Research in the New Bundeslander which stands in the tradition of the Entrepreneurial Regions’ Program. The backbone of our research is the cluster’s strategy to develop the interdisciplinary science plasma medicine, a hybrid of low temperature plasma physics and life sciences and to market innovative PlasmaMed products. Innovation policies, programmatic designs, and evolving cluster management schemes are discussed regarding their significance in fostering the current cluster paradigm in German federal science policy. We outline the relevant factors for a transformation of trust-based scientific networks into strategy driven clusters or virtual organisations and provide new criteria for government intervention.     

UP IT UP: GENDER AND THE ACCOMPLISHMENT OF STREET ROBBERY*

Attempts to understand women's participation in violence have been plagued by a tendency either to overemphasize gender differences or to downplay the significance of gender. The goal of this research is to reconcile these approaches through an examination of the experiences of female and male street robbers in an urban setting. Based on in-depth interviews with active offenders, the study compares women's and men's accounts of why they commit robbery, as well as how gender organizes the commission of the crime. The research suggests that while women and men articulate similar motives for robbery, their enactment of the crime is strikingly different—a reflection, in part, of practical choices women make in the context of a gender-stratified street setting.     

Lessons Learned from Developing a Trauma Consultation Protocol for Juvenile and Family Courts

Juvenile and family courts hold a unique position among the many stakeholders that comprise a healing community for persons experiencing adversity or trauma. Specifically, judges and other court leaders can promote the implementation of screening for trauma, the alignment of appropriate and effective treatment for trauma when indicated, and the accountability of systems for coordination and support of such services. To that end, the National Council of Juvenile and Family Court Judges undertook a field‐based project — consisting of multiple semi‐structured court surveys — to elucidate the key features of a trauma‐informed court and how to assist courts in becoming more trauma‐responsive for both consumers and staff. With the assistance of courts in 11 pilot sites across the nation, the project has led to the development of a protocol called trauma consultation or trauma audit, which is outlined here. Our work in developing the consultation protocol highlighted the need to better understand (1) the prevalence and impact of secondary traumatic stress in court staff, (2) the potential for environment to contribute to traumatic stress reactions, and (3) the importance of consistent trauma screenings and subsequent use of findings. Practical suggestions for courts to become more trauma‐informed are also provided.     

Risk avoidance and missed opportunities in mental health reform: the case of Israel

Passage of the National Health Insurance Law (NHI) [National Health Insurance Law (NHI) (1994). Israel Law Code, 1469, 156 (Hebrew).] provided a window of opportunity for mental health reform in Israel. The reform called for transfer, within a period of 3 years, of responsibility for psychiatric services formerly provided mostly by the Ministry of Health, to Israel's four major healthcare providers. Planners of mental health reform in Israel saw in the NHI Law an opportunity to bring about far-reaching structural changes in mental health policy and service provision, shifting the locus of care from psychiatric hospitals to the community. This paper reports results of a case study assessing factors that hindered or promoted the planned reform. The theoretical and conceptual framework of the study was derived from public policy theories and in particular on those related to public agenda and agenda setting processes. The study was also informed by organizational and interorganizational theories and exchange theory. Data was gathered from documents and interviews of key informants. Sources of data included official reports, proceedings of Knesset's Labor and Social Affairs (LSA) Committee, Ministry of Health documents, healthcare providers' reports, budget documents, newspaper analysis, and about 60 interviews with persons who played important roles in the process of the negotiations regarding the reform efforts. Analysis identified the major stakeholders and their concerns, distinguishing between the key stakeholders involved directly in the negotiations and secondary or additional stakeholders outside the main circle, some of whom were very involved and influential in the process. The study identified the major issues and the problems that emerged during the process of negotiations. Analysis of the failure of the attempt to implement the reform reveals a combination of obstacles emanating from the process of negotiation, on the one hand, and from the larger political, economic and social context, on the other. Findings show that conflict of interests and risk avoidance of the major stakeholders were major obstacles to reaching agreement on a formula for implementation. The major risks were related to the inability to predict future demand for ambulatory services, uncertainty regarding future costs, and disagreements regarding the reliability and validity of data. Contextual factors that undermined the chances for successful implementation of the reform included lack of a strong political commitment and a coalition supporting the reform, a financial crisis in the health system resulting from early stages of implementation of the National Health Insurance Law, and social turmoil created by the Rabin government's attempts to implement the Oslo agreements. This turmoil ultimately culminated in the assassination of the Prime Minister Yitzchak Rabin, creating a climate far from conducive to generating public interest in mental health reform and facilitating the planned change. As a result the mental health system remained virtually unchanged.     

The violence of silence: some reflections on access to information, public participation in decision-making, and access to justice in matters concerning the environment

The proposition put forth in this paper is that whether—and the extent to which—harm or potential harm to the environment (its natural resources, living beings, and their ecosystems) is identified, resisted, mitigated, or prevented is linked to the nature and scope of public access to information, participation in governmental decision-making, and access to justice—which are often referred to as “environmental due process” or “procedural environmental rights.” Using examples in the United States of attacks on law school clinics and denial of standing in court, this paper argues that restrictions on public access to information, participation in decision-making, and access to justice create legacies and “cultures of silence” that reduce the likelihood that future generations will be willing and able to contest environmental harm.     

A Century of Green Lessons: The Contribution of Nature Conservation Regimes to Global Governance

This paper reviews the lessons learned over the past 100 years in international management and conservation of the Earth's natural heritage and biological resources (fauna and flora), in the face of growing threats of degradation and extinction. The focus is on the effectiveness of intergovernmental and non-governmental institutions – in terms of agenda-setting, regime formation, implementation and compliance, and reactions to non-compliance. Among specific case histories analysed are the ivory trade ban, the whaling moratorium, and attempts at establishing an international forest regime. Innovative governance features highlighted in the field of global living resource management include active NGO participation, the use of selective economic incentives and disincentives (e.g. multilateral or bilateral trade sanctions), and a number of judicial enforcement remedies for both species-based and area-based conservation agreements. The paper concludes by assessing the prospects of transition from the paradigm of 'permanent sovereignty over natural resources' towards new concepts of public trusteeship and stewardship.     

Free trade agreements for the environment? Regional economic integration and environmental cooperation in East Asia

Traditionally, it has been argued that increased economic competition through free trade agreements would bring about environmental degradation. This study, however, argues that recent international free trade agreements have tended to enhance environmental cooperation among participating countries. This study has examined the process by which East Asian countries have developed mechanisms for the extant level of regional environmental cooperation, particularly highlighting the reasons for commonalities and differences in regional environmental cooperation between ASEAN and the dominant economies in the region. It finds that three factors particularly matter for developing regional environmental cooperative mechanisms: networks of intergovernmental organizations, the strong willingness of political leaders which is often embodied in national strategies for regionalism and the establishment, and the institutionalized linkage—particularly through FTAs—between trade and the environment. Tracing the process of policy evolution within three groups of countries sheds light on the political conditions under which the four entities involved (the ASEAN, Japan, China, and the Republic of Korea) have produced and strengthened cooperative environmental mechanisms among them along with free trade agreements. Focusing especially on the environmental policy changes in Japan, China, and the ROK associated with the creation of its FTAs with ASEAN, the study concludes that each of free trade agreements has incrementally developed environmental cooperation, especially when integrated into a vision for regional integration.     

Realities of Victim Participation: The civil party system in practice at the Extraordinary Chambers in the Courts of Cambodia (ECCC)

Victims of the Khmer Rouge play a unique role at the Extraordinary Chambers in the Courts of Cambodia (ECCC) since they have broad participatory rights. However, as the initial trial progressed, a number of changes were made to the framework of victim participation to deal with emerging problems. Although these amendments seemed to curtail some rights, they were also meant to strengthen victim participation and ensure a more efficient trial process. This led to the introduction of restorative justice measures, a lead co-lawyer system and a single submission for reparations. The reasons they were introduced and how they have been implemented so far in the first year of the second trial are the focus here. Subsequently, the impact of the lack of resources and attention given to victim support at the ECCC, from its inception, and the crucial contribution of civil society organizations in filling this gap and carrying out myriad activities at all stages of the participation process are examined. With the well-publicized controversies at the ECCC such as alleged political interference, the participation of victims has the potential to be the lasting legacy of the Court, but any success in this area owes a great debt to Cambodian civil society.     

柬埔寨外国投资法律政策研究

柬埔寨是东盟比较落后的国家。近年来,柬埔寨已经意识到引进外资对落后国家经济发展的重要性,制定和完善了一批外国投资法律。目前,外国在柬埔寨投资的法律政策环境已经有很大改善,有较为系统的投资法律体系。外资在柬埔寨的优惠政策日益增多,投资手续日趋简化,保障措施和鼓励政策也不断优化,外国投资的纠纷解决机制也不断完善。外国在柬埔寨投资前景广阔。