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.     

《内地与香港关于建立更紧密经贸关系的安排》的法律地位

The nature of the Closer Economic Partnership Arrangement (CEPA) is a free trade agreement under the framework of the WTO. For the purpose of clarifying the legal status of the CEPA and the future agreements between the Mainland and other separate customs territories of China, four options are brought forward: (1) To revise the PRC Foreign Trade Law, (2) to make amendment to the Basic Law of Hong Kong Special Administrative Region of China, (3) to have a special law on the conclusion of the interregional agreements, or (4) to amend the PRC Constitution. Wang Wei, Ph.D, is an associate professor at School of Law, Fudan University, China. Before, he was a research fellow at the Faculty of Law, University of Hong Kong. He holds an LL.B. from the East China University of Political Science and Law, an LL.M. from Fudan University in international law, an LL.M. from Southern Methodist University in comparative and international law (Sohmen Scholar), a Ph.D from the University of London in law (the John and Joan Jackson Scholar). Dr. Wang wrote a number of articles on WTO law, financial law and commercial law, such as Historical Evolution of National Treatment in China (39 International Lawyer 759–779, Fall Issue, 2005). He has spoken and chaired conferences and seminars in London, Hong Kong and Mainland of China. Recently he acts as consultant in banking law projects, including the Asian Development Bank.     

Problems in the Development of Legal Cybernetics

The Fifth Learned Conference on Problems of Legal Cybernetics was held in November 1975 at the USSR Ministry of Justice. Its participants summarized the results of scientific research in the use of computers and mathematical methods in the work of law-enforcement agencies and scholarly institutions in the legal field. Lawyers, working together with mathematicians and technicians, have accomplished a good deal in the last few years. Research in this field has taken on a broader scope. Along with the quest for ways of solving information-search, statistical, and criminalistic problems, research has been done with the object of creating an automated control system (ACS) for the internal affairs agencies, the procuracy, and the justice ministry. A ramified system of computer centers (CC) has been established within the system of the USSR Ministry of Internal Affairs. A computerized equipment research laboratory is functioning in the USSR Institute on the Causes and Prevention of Crime, and there is also a CC in the All-Union Scientific Research Institute of Judicial Expertise (NIISE) of the USSR Justice Ministry. They are equipped with punch-card and electronic computers (PCC and EC) of various categories, thanks to which it has been possible to undertake solution of important scientific and practical tasks. Fruitful studies are being carried out in the USSR Research Institute on Soviet Legislation (VNIISZ) and other research institutions to work out legal principles and normative acts to organize more effectively the functioning of various levels of automated control systems and computer centers and to add to the prevailing legislation with respect to various problems, including newly arisen ones pertaining to legal regulation of social and technical organizational relationships and of administration under the conditions of automated control systems. Finally, legal applications of computers have achieved recognition as a scientific discipline. Law students at a number of higher educational institutions are studying it as a required subject.     

A special police unit: Intimate partner violence and perceived helpfulness of services received

To evaluate the perceived effectiveness of domestic violence assistance offered by a special unit of an urban police department, 90 women having filed assault, stalking, or harassment charges on an intimate were interviewed. Threats of abuse, physical abuse, and stalking were measured—86% of the women reported experiencing severe abuse and 60% of the women had been stalked. On follow-up interview—41% of the women reported the abuse had stopped, while 7% said the abuse had decreased. Half of the women had used information provided by the unit, with 86% of the women considering police services received as being helpful. Authors' Note: Pam Willson, Ph.D., is a post-doctoral research associate at Texas Woman's University in Houston. Judith McFarlane, Dr. PH, currently holds the Parry Chair in Health Promotion and Disease Prevention at the University. Ann Malecha, Ph.D., is assistant professor of nursing at the University. Dorothy Lemmey, Ph.D., is associate professor of Nursing at Lakeland College.     

The MMPI-2 L scale as a tool in police selection

The MMPI has been used extensively in the selection of law enforcement personnel. Because police officer candidates have been preselected, however, individuals with obvious mental disturbance have been screened out of the candidate pool before evaluation. It is necessary to search for more subtle variables to serve as predictors of unsatisfactory future performance. The L scale is a subtle variable which can suggest potential for problematic behavior. The value of the L scale in the selection process is discussed. Authors' Note: William U. Weiss, Ph.D., is professor of psychology. The University of Evansville, 1800 Lincoln Av., Evansville, IN 47722. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development, for Matrix, Inc., and Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, LA. Sarah Kinsman was a psychology major at the University of Evansville at the time this research was conducted.     

Technology Transfer via the Internet: A Way to Link Public Science and Enterprises?

The Internet is receiving increasing attention as a medium for technology transfer between public research and the business sector. Technology policy hopes that Internet presentations of research activities at public institutions will facilitate the exploitation of research results, particularly from those institutions not engaged in technology transfer so far. Based on a survey of public research units in natural sciences and engineering in Germany, we analyze the determinants of firm contacts established via the Internet. Special attention is paid to the effect of experiences in firm interaction in the past. Estimation results suggest that Internet contact to firms is more likely to be established by public research units that are already well situated in the transfer market. Research units that orient their homepage design towards the business sector are more likely to build Internet-based contact with firms. However, there is no evidence that public research units that have not been engaged with firms so far, use the Internet more intensively to get into the transfer business. Our results show that the Internet has a certain potential for advancing technology transfer at public research, although this potential is not fully utilized yet, at least in the case of Germany.     

Special Masters in Institutional Litigation

Litigation concerning conditions in institutions such as prisons or mental hospitals does not stop at the issuance of a remedial decree. Steps must be taken to assure implementation. Increasingly, the courts are resorting to special masters to assist them in implementing such institutional reform. While the use of masters by courts is a firmly established tradition, the role assigned to masters in the institutional context is often an extraordinarily broad and intrusive one. As a result, serious questions have arisen about this new extra-traditional master role and about the applicability, the sufficiency, of the traditional rationales and restraints. This article is among the first in a small but developing body of literature that begins to examine the new master role and the questions concerning it.     

The Role of UNEP and UNDP in Multilateral Environmental Agreements

This study examines the role of the UN’s programmes for environment and development (UNEP and UNDP) in the genesis and implementation of multilateral environmental agreements (MEAs). This is set in the wider context of the changing dominant focus of the international agenda, from ‘environment’ at the Stockholm Conference in 1972, to ‘environment and development’ at Rio in 1992, and ‚sustainable development’ in Johannesburg in 2002. UNDP is a development organisation strongly rooted in its country office network. Its role is becoming increasingly normative however, particularly since 2002 when UNDP opted to root most of its activities on the Millennium Development Goals. UNEP, as an environmental organisation has been successful at catalysing MEAs at the global and regional level; but without a significant increase in its budget over 30 years, its capacity has been spread very thinly. Many of the institutional arrangements for MEAs have effectively become independent of UNEP resulting in a very loosely and sometimes poorly coordinated network. Two case studies are used to illustrate the current institutional arrangements: UNEP’s Regional Seas Conventions and Protocols, and the Convention for Biological Diversity. These illustrate the fragmentation of current institutions, the need for strengthened technical and scientific support, the importance of addressing problems at their root causes and the need to increase the devolution of global governance to the regional level. Satisfying the identified needs requires actions within the remit of both UNEP and UNDP. It is argued that current institutional arrangements have not kept pace with the requirements of evolving policy. As part of a reform process, one option may be to merge the two programmes into a single structure that conserves and strengthens vital technical functions but enables a balanced and integrated approach to sustainable development.     

A tale of two cities

The authors are respectively parttime professor sociology at the University of Texas (San Antonio) as well as lecturer at the medical faculty of the State University Limburg (section psychiatry) and researcher at the Research and Documentation Centre of the Ministry of Justice, Schedeldoekshaven 100, 2511 EX The Hague, The Netherlands. Dorette Courtar, a mobility programme exchange student at the University of Maastricht and the Stockholm University, assisted in the basic research. We would like to thank Paulina Loennroth and the mayor of Hulst, dr. A.A.L.G.M. Kessen, both connected to the ECAD and Paul Vasseur, Urban Weber, Suzanne Schardt, all connected to the ECDP for their information and comments.     

Global Justice and the Bretton Woods Institutions

Together with the WTO, the Bretton Woods Institutions are thepreeminent international institutions devoted to managing internationaleconomic relations. This mandate puts them squarely in the centerof the debate concerning development, inequality and globaljustice. This essay explores how justice criteria might applyto the ideology and operations of the World Bank and the InternationalMonetary Fund. Using the Rawlsian model of egalitarian justiceadapted to international institutions by the author in connectionwith the WTO, this essay asks what difference it would makefor the Bank and Fund if an explicit justice framework informedtheir international lending activities.     

法律判断形成的模式

Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode. Zheng Yongliu, professor at the Institute of Legal Philosophy of China University of Political Science and Law, also a visiting professor at University of Saarland in Germany (till 1996), and a guest professor at Jilin University (since 1998), whose research is focusing on legal philosophy, particularly on the legal methods as well as law and society. Prof. Zheng once published 4 books, i.e., The Orientation of Rural Law in Contemporary China (1991), The Farmers’ Legal Awareness and the Development of Village’s Law (1993), Das Wirtschaftsrecht Chinas (1997) and The Rule of Law: the British and German Origin, International Standards and Its Practices in China (2002). In his published articles, the follows are most dear to his heart: What is Legal Philosophy (1998), the Origin and Evolution of the “Rechtsstaat” in Germany (2000), the Legal Hermeneutics and Its Relationship with the Legal Interpretation (2002), Academic Freedom and Its Enemies (2004), Pluralistische Ordnungen im chinesischen Wirtschaftswandel (German, 2006).     

中国犯罪构成体系不必重构

It becomes a tendency to introduce the German and Japanese theory in the structure of crime to restructure that of China. However, Chinese structure of crime is not that poor as criticized, while that of Germany and Japan applauded by reformist also has disadvantages, such as the confliction inside the system, the deviation of actuality and original intention and the only systematic notion, etc. The issues of Chinese structure of crime, e.g. the relationship of the constituents is not clear and the concept of crime deduced from the structure of crime is too simple, can be solved by carrying through the object-preferred step-up notion and setting up the concept of crime with various meanings. Thus, the current structure of crime does not have to be restructured. Li Hong, professor of criminal law, works at Law School of Tsinghua University. He got his M.A. and Ph.D, first at Wuhan University, China and then at Doshisha University, Japan. His primary research is focused on the elements of crime, corporate crime and Japanese criminal law and his main publications include Study of Omission, Study of Corporate Crime and Reflection on General Criminal Issues, etc.     

The Development of a Preeminent Corrections Scholar

Abstract

Doris Layton MacKenzie came into the field of criminal justice and criminology in her thirties, balancing the dual tasks of motherhood and scholarship successfully. After completing her Doctoral work in Psychology at Pennsylvania State University, MacKenzie accepted her first academic position at Louisiana State University. There she began what has become the most comprehensive body of work to date on the study of boot camps. Now a full professor in the Department of Criminology and Criminal Justice at the University of Maryland, MacKenzie continues her work in discovering what works and what doesn't work in corrections, and is a strong advocate for field research that generates real, practical applications for public safety and crime control. Building on her PhD research in psychology, Doris Layton MacKenzie has focused her career on offender behavior and what can be done to change that behavior. This article profiles the life of Doris Layton MacKenzie: her childhood years; her education; and her professional work to today, when she continues to serve as an inspiration to her students and colleagues as a scientist and human being.     

An experimental evaluation of teen courts

Teen Court (TC) is a juvenile diversion program designed to prevent the formal processing of first-time juvenile offenders within the juvenile justice system. TC instead utilizes informal processing and sanctions in order to prevent future offending. Despite its widespread popularity throughout the United States of America, little rigorous research has been conducted on the effectiveness of the TC model for reducing recidivism. Using an experimental design, this study examined the effectiveness of TC in reducing recidivism and improving the attitudes and opinions of juvenile offenders in comparison with a control group of youth who were formally processed. Self-reported delinquency was higher for those youth who participated in TC. TC youth were also found to have significantly lower scores on a scale of belief in conventional rules than had youth who were processed in the Department of Juveniles Services. Implications of these findings are discussed.

Science and technology parks in Italy: main features and analysis of their effects on the firms hosted

We analyse the results of a survey conducted by the Bank of Italy in the spring of 2012 on Italian science and technology parks. First we describe the main features of science parks in Italy. Then we investigate whether they have been effective in improving the economic performance and innovative capacity of the firms located within them. We find a pronounced heterogeneity between science and technology parks, whose cooperation with public research institutions is characterized by physical proximity. Although the business situation of firms located in science and technology parks tends on average to be better than that of similar “non-park” firms, a difference-in-differences estimation shows that entering a science and technology park did not generally improve firms’ business performance and their propensity to innovate compared with external counterparts.     

Technology use and availability in entrepreneurship: informal economy as moderator of institutions in emerging economies

This paper investigates the contextual influences of institutions on the use of latest available technologies by early stage entrepreneurs in emerging economies. Hypotheses are developed and then tested using multi-level modeling techniques on a dataset covering entrepreneurs in 20 emerging economies. We utilized 10,431 individual-level responses from the Global Entrepreneurship Monitor survey from 2002 to 2008 and complemented it with data on country-level institutions such as the size of a country’s informal economy, intellectual property rights (IPR) regimes obtained from the Index of Economic Freedom and inward foreign direct investment (FDI) from the World Bank Group. Results on the direct effects suggest that levels of FDI negatively influences the use of latest technology by entrepreneurs in emerging economies, while the moderation effects of informal economy suggest that as its size increases (1) the negative effects IPR on the use of latest technology by entrepreneurs strengthens, and (2) the negative effects of FDI on the use of latest technology strengthens. These findings support the overall proposition that the size of a country’s informal economy is an important moderator of institutional influences on technology use by entrepreneurs in emerging economies. More generally, the study proposes that institutions may not have the same effects on entrepreneurs in emerging economies that might be expected in developed countries, suggesting that future research should take the level of socio-economic development of a country into account when theorizing the role of institutions.     

Review on the inefficiency and disorganization of judicial power

The reform of civil procedure has been taken as an important topic by both scholars and judges in the recent twenty years. Cases and judges’ practices offer materials and opportunities for scholars to carry out researches, which help judges find the direction of the reform on civil procedures. However, it is not advisable to reconstruct the absolute adversary system and pure due process in China to reduce the great power of the court. Therefore, it is essential to review on the basic theory of civil procedure and overcome the inefficiency and disorganization of the judicial power by regulating judges’ power and independence as well as their responsibilities. Xiao Jianhua, professor and doctoral tutor of China University of Politics and Law. He got a master degree in Southwest University of Politics and Law in 1995 and a doctor degree in China University of Politics and Law in 1998. He had been a Fulbright Visiting Scholar studying at Law School of Northwestern (USA) in 2003–2004. His research field covers civil procedural law and evidence law. His six books on civil procedural law and evidence law are published in China, his another book on bankruptcy will be published in England. Now his research is focused on comparative law.     

Problematic police performance and the personality assessment inventory

A relative newcomer to personality assessment in the area of law enforcement is the Personality Assessment Inventory, or PAI. Earlier MMPI research in the area of police selection has focused upon antisocial behavior, control of aggression, and validity indices, particularly the L scale. In this study T scores for 800 male and female police officer candidates on the PAI scales Negative Impression (NIM), Positive Impression (PIM), Antisocial-Antisocial Behaviors (ANTA), Antisocial-Egocentricity (ANTE), and Antisocial-Stimulus Seeking (ANTS) were used as predictors of the criterion variables Insubordination, Excessive Citizen Complaints, and Neglect of Duty. Highly significant coefficients were obtained for ANTE as a predictor of Insubordination and Excessive Citizen Complaints. For Neglect of Duty, two significant coefficients were obtained, one for ANTS and another for NIM. Discussion centered on the fact that egocentricity is a predictor of Insubordination and Excessive Citizen Complaints, and Neglect of Duty is related to stimulus seeking. Authors' Note: William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Avenue, Evansville, IN 47722. Sarah Zehner is an undergraduate psychology major at The University of Evansville. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, LA. Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written.