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.     

Preparing the design of robust climate policy architectures

The design of climate policy architectures depends on how its multiple designers identify the climate problem, on the principles they adhere to, and on the criteria they apply for assessing the performance of the constructed agreements. This article presents five core features of the climate policy problem, five principles demanding respect when designing policy, and a particular specification of the four general criteria: efficacy, efficiency, equity, and institutional feasibility. The central policy problem of climate change is the phasing out of non-sustainable energy use by orchestrating trillions of decisions by billions of people. Principles like universality, realism, and transparency are important, but when balancing a global agreement, taking into account diversity and sovereignty are outstanding. For addressing the climate change challenges, the equity criterion should be taken more seriously by the negotiating countries than at present. In a diverse world, equity conflicts are likely to be further exacerbated by attempts to impose uniform approaches like global carbon trading or a harmonized global carbon tax rate. The uniform approaches, lauded by economists and policy makers as superior, are also criticized here as not being so effective and efficient as pretended.     

Parties' Influence during Government Policy Negotiations: Parliamentary Dynamics and Spatial Advantages in the First Italian Republic

As long as parties are interested in policies, they will always have incentives for influencing the cabinet bargaining process, although they do not necessarily shape its outcome to the same extent. Being a member of the invested government, for example, should increase the leverage a party enjoys when bargaining over the cabinet programme. Nevertheless, depending on institutional and political conditions, non-cabinet parties may also play a role in affecting cabinet policy positions. Despite being widely recognised in the theoretical literature, this point has received considerably less attention in empirical studies. By focusing on cabinet bargaining outcomes during the First Italian Republic, the article shows that spatial advantages associated with parliamentary dynamics, including those possessed by non-cabinet parties, can be no less significant in capturing policy payoffs than government membership, even after controlling for other relevant institutional and behavioural factors.     

EXAMINING THE PREVALENCE OF CRIMINAL DESISTANCE*

Criminological theorists and criminal justice policy makers place a great deal of importance on the idea of desistance. In general terms, criminal desistance refers to a cessation of offending activity among those who have offended in the past. Some significant challenges await those who would estimate the relative size of the desisting population or attempt to identify factors that predict membership in that population. In this paper, we consider several different analytic frameworks that represent an array of plausible definitions. We then illustrate some of our ideas with an empirical example from the 1958 Philadelphia Birth Cohort Study.     

Clustering of Multilateral Environmental Agreements: Potentials and Limitations

The concept of clustering of multilateral environmental agreements (MEAs), i.e. the integration of groups of MEAs or parts thereof, has acquired prominence in recent discussions about reforming international environmental governance. Understood as a continuing process, clustering of MEAs aims at advancing the ongoing process of integrating the elements of this system more systematically and dynamically. This paper proceeds in three steps. First, it demonstrates that a distinction needs to be made between clustering of organisational elements of MEAs and their functions, since the conditions and the effects of their integration differ significantly. Second, it argues that – in contrast to several existing approaches that seek to build clusters starting from similarities in one dimension – any attempt to integrate elements of MEAs needs to be based upon the analysis of a range of factors that influence the prospects of such integration (including overlap of membership and issues, practical feasibility, legal obstacles, and functional requirements). Third, the article contrasts the main potential benefits of a clustering of MEAs, namely efficiency gains and an increase in the coherence of international environmental governance, with the main challenges of international environmental policy, namely reaching agreement, implementing such agreement effectively and preventing/managing inter-institutional conflict. While clustering cannot be expected to make a significant direct contribution to addressing these challenges, it has a potential to economise and enhance the system of international environmental governance with positive indirect effects promoting better international environmental protection in the longer term.     

The Incoherence of the Unified Bar Concept: Generalizing from the Wisconsin Case

Many of the unified bars—public bodies to which all lawyers must belong and pay dues in order to practice—have been embroiled in legal and political disputes recently. Focusing on the history of the unified bar in Wisconsin, this article accounts for these disputes in terms of contradictions inherent in the very concept of a unified bar. Across a wide range of issues, the author argues, decision makers have been unsure whether to treat a unified bar as a public agency, a compulsory membership organization, or a private voluntary association, and thus unable to determine when public accountability, the protection of dissident members, or associational autonomy should be the dominant policy in unified bar affairs. The author concludes that disputes over questions of unified bar governance are unlikely to subside and that the unified bars should therefore be terminated in favor of a combination of private voluntary state bar associations and administrative agencies independent of the organized bar.     

When the wires cross: Ensuring diversity in the era of video dialtone

For more than 50 years, the Federal Communications Commission, Congress and the courts have regulated different mass media differently to achieve an ill‐defined objective of diversity. Contemporary communications innovations that increase the intermingling of media exacerbate the difficulty of clarifying diversity objectives and distinguishing between regulators’ economic and speech concerns. Hybrid media, such as telephone provision of video (called video dialtone) challenge historical assumptions, definitions and mechanisms for achieving communications diversity.

This article explores video dialtone as a case study of the diverse and sometimes contradictory efforts of federal policy makers to adapt the historical goal of diversity to emerging and rapidly changing communications technologies. The author suggests that the much‐touted era of communications abundance is not a utopia. Technical and financial constraints will inhibit the development of virtually infinite communications capacity. Moreover, increased communications capacity alone will not necessarily preserve or enhance communications diversity or resolve power differences among owners and users of communications media.     

国际法院咨询管辖权初探

从常设国际法院到国际法院,其咨询管辖权和“司法性”之间的协调一直是一个难题。要想满意地解决法院当前面临的困境,不必急于扩大有权寻求咨询意见的机构的范围,而必须确保各机构在利用国际法院的咨询管辖权时,更多的是出于解决法律问题的目的而非政治目的。     

Regional Innovation Systems and the Advent of Strategic Science

While regional innovation systems are, to some extent, an artefact of regional administration and mimesis, there are also clear proximity and agglomeration dynamics. A third type of dynamic at play derives from uptake of knowledge production, regional role of universities etc. The advent of strategic science, with its double emphasis on relevance (including local relevance) and global competition, creates pressures on universities which want to play a regional role as well. The University of Twente, in The Netherlands, is an example. Its evolution shows that the regional function leans heavily on institutional differentiations like outreach units, while strategic science is taken up in new outward looking, problem-solving centres, not necessarily directed towards the region. The immediate moral is that universities can play a role in managing the tension between local (regional) and global, but the tensions will return internally. The general moral is that the changes in knowledge production (whether labeled as strategic science or Mode 2 or whatever) have to be taken into account in regional innovation systems. This might also help to avoid a short-sighted focus on wealth creation.     

Work activity of persons working as members of advisory committees established under the Federal Advisory Committee Act (FACA). Final rule

We are revising our disability regulations under titles II and XVI of the Social Security Act to establish a new, special rule that affects individuals who are receiving payments or providing services as members or consultants of a committee, board, commission, council or similar group established under the Federal Advisory Committee Act (FACA). Under this special rule, we will not count any earnings an individual is receiving from serving as a member or consultant of a FACA advisory committee when we determine if the individual is engaging in substantial gainful activity under titles II and XVI of the Social Security Act (the Act). In addition, we will not evaluate any of the services the individual is providing as a member or consultant of the FACA advisory committee when determining if the individual has engaged in substantial gainful activity under titles II and XVI of the Act. Based on our experience with FACA advisory committees and the frequency and level of activity required by these committees, we believe that performance of activity on these committees does not demonstrate the ability to perform substantial gainful activity. We believe this to be consistent with Congress's view, as it has recognized in creating the Ticket to Work advisory committee, for example, that current disability beneficiaries should be considered for membership. This also will encourage individuals with disabilities to serve on FACA advisory committees, thereby providing the benefit of their unique perspective on policies and programs to the Federal Government.     

From the French Citizens' Convention on Climate to the Conference on the Future of Europe: A participatory science and democracy perspective

The Citizens' Convention on Climate (CCC) gathered 150 people, randomly selected but representing the diversity of French society. Its mandate was to formulate a series of concrete measures aimed to achieve at least a 40% reduction of greenhouse gas emissions by 2030 (compared to 1990) while preserving social justice. The citizens auditioned experts on various topics from climate to economics and then formulated their own proposals, thus building an effective consensus, beyond individual specific interests. Moreover, proposals formed a coherent whole, and in this regard fare much better than previous attempts to tackle environmental and climate transition through public debates. This methodology shows how citizen science can produce efficient and quality outcomes. This opens new perspectives for democracy on the basis of new interaction channels between law‐makers, professional experts and citizens. This seems to be the approach chosen for the Conference on the Future of Europe as well. Gathering citizens from all EU countries to work on important topics for Europe and Europeans could be a way to build a common vision, and contribute to the creation of a true European common good. Citizens' direct involvement in science and democracy might be one of the keys to meaningfully and thus successfully address their shortcomings.     

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.     

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.     

Institutional Paths to Policy Change: Judicial Versus Nonjudicial Repeal of Sodomy Laws

What variables lead judicial and nonjudicial decision‐making bodies to introduce policy change? In the theoretical framework proposed, the path‐dependent nature of law has a differential impact on courts and legislatures. Likewise, certain political institutions including elections and political accountability lead those bodies to introduce policy change under dissimilar circumstances. Global trends, however, affect both institutional paths equally. We test this theory with data for the repeal of sodomy laws in all countries from 1972–2002. Results from two disparate multivariate models overwhelmingly confirm our predictions. The unique institutional position of courts of last resort allows them to be less constrained than legislatures by either legal status quo or political accountability. Globalization, on the other hand, has a comparable effect on both. This work is path breaking in offering a theoretical framework explaining policy change via different institutional paths, systematically testing the framework comparatively and with respect to a policy issue still on the agenda in many countries.     

Advisory committees at FDA: the Hinchey Amendment and "conflict of interest" waivers

In approving the Food and Drug Administration's (FDA) Fiscal Year 2007 budget, the House approved an amendment that would prevent the agency from using appropriated funds to waive certain conflicts of interest identified by members of its advisory committees. The amendment, introduced by Representative Hinchey and known as the Hinchey Amendment, provides that no funds may be used to: waive a conflict of interest under Section 505(n)(4) of the Federal Food, Drug, and Cosmetic Act (FDCA) for any voting member of an FDA advisory committee or panel; or make a certification under Section 208(b)(3) of Title 18 of the U.S. Code for any such voting member. This creates a problem, as ties to industry create the very expertise that FDA values in its outside advisors-under the Hinchey Amendment, these very ties would prevent them from serving as advisors to FDA during the drug approval process. The author opposes this change in the law and argues that the Hinchey Amendment would undermine congressional efforts in 1962 and 1989 to carefully balance the goals of attracting qualified experts and protecting agency decisionmaking. Further, the author argues, this change is unnecessary at FDA, because experts on FDA advisory committees divulge their connections to the industry, because the committees offer only advice and do not make agency decisions, and because the agency is under the watchful eye of Congress, the public, and public interest groups. The Article concludes that although FDA's advisory committee conflict-of-interest process can be improved, congressional action is unnecessary, and a change in the law through amendment to an appropriations bill that does not go through the ordinary legislative process (as an amendment to the FDCA or Title 18 would) is inappropriate. Instead, recommendations from organizations studying FDA practice, such as the OIG, GAO, and IOM, should be used to carefully and reflectively amend the process at the agency level, within the existing statutory framework.     

Valleys of Death and Darwinian Seas: Financing the Invention to Innovation Transition in the United States

The basic science and technology research enterprise of the United States—sources of funding, performing institutions, researcher incentives and motivations—is reasonably well understood by academics and policy makers alike. Similarly corporate motivations, governance, finance, strategy, and competitive advantage have been much studied and are relatively well understood. But the process by which a technical idea of possible commercial value is converted into one or more commercially successful products—the transition from invention to innovation—is highly complex, poorly documented, and little studied. In this paper we discuss the process by which basic research is converted into successful commercial innovations. Following Arrow (1962) and Zeckhauser (1996), we explore the hypothesis that asymmetries of informaion and motivation, as well as institutional “gaps,” may systematically deter private investment into early stage technology development. We describe the role of governments—federal and state (or provincial)—in promoting the commercial transition from an invention to an innovation. We conclude by suggesting some lessons that may be learned from the experience of the Advanced Technology Program (ATP) of the United States Department of Commerce, among the few Federal programs specifically intended to meet this need.     

Off with their Heads: The Need to Criminalize some forms of Scientific Misconduct

Improvement in policy for the management of scientific misconduct has been slow. While assurance of due process at the ORI level is now in place, similar protections at the institutional level and institutional responsibility for further oversight and a workplace where the responsible conduct of research can be practiced have not yet been addressed. In contrast, policy regarding human subject protection has evolved rapidly to reflect firmer norms, with decisive priority given to subject protection over scientific or social needs. Perhaps because scientific misconduct policy has the potential to harm the careers of individual scientists and harms to individual subjects are thought to be indirect, the scientific community has been successful in blocking every move toward testing more rigorous regulation. The mantras that scientists can discipline their own, and the price of competitive science is some level of scientific misconduct are not persuasive. The standards by which science is judged should not be an exception to those governing others who deal with the public's money and have a duty to the public interest.     

Social background and citizen–legislator congruence in candidate-centred systems

Legislatures are arenas where diverse policy preferences are honed into practical policy proposals. Given that legislative membership is a result of free democratic elections, there is an assumption that the attitudes and opinions of MPs are representative of the population as a whole. Thus, pre-legislative bargaining is founded on an unbiased sample of public opinion. However, considerable opinion incongruence exists between citizens and the political elite in many systems, potentially undermining this ideal democratic starting point for legislative business. Candidate-centred voting systems offer the potential to remedy this disconnect. While citizens tend to emphasise personal characteristics as an explanation for vote choice in one of the most candidate-centred systems in existence, proportional representation-single transferable vote, the disconnect of opinion congruence between citizens and elites persists. This paper finds that citizens’ emphasis on MPs’ personal characteristics when choosing representatives causes significant opinion congruence between citizens and elites on a demographic basis, particularly for under-represented groups such as women, younger citizens and those from lower socio-economic backgrounds, but aggregate congruence is undermined by the lack of demographic diversity among MPs.     

University technology commercialization through new venture projects: an assessment of the French regional incubator program

This article assesses the performance of a technology business incubator program, established by the French government to support innovative new science and technology-based firms (NSTBF) that seek to commercialize laboratory research results. With a resource-based view and an institutional approach, this study predicts why some incubators may be more successful than others in supporting the development of NSTBF. An original longitudinal data set represents the results of a public incubator program, funded following the passage of a 1999 French law on innovation and research. The findings refer to a sample of 25 operationally active incubators and their 1200 graduated new ventures. This study contributes to the literature on business incubation by showing the importance of various incubator resource inputs for aiding NSTBF projects. It thus provides useful and timely feedback for researchers and policy makers.     

The effects of treaty legality and domestic institutional hurdles on environmental treaty ratification

We study the effects of treaty design and domestic institutional hurdles on the ratification behavior of states with respect to multilateral environmental agreements (MEAs). Specifically, we examine whether (1) strong legality mandated by a treaty such as precisely stated obligations, strong monitoring/enforcement mechanisms, and dispute resolution procedures, and (2) high domestic constitutional hurdles such as requirements for explicit legislative approval deter countries from ratifying a treaty. To test our theoretical claim, we use a new time-series-cross-sectional dataset that includes information on the ratification behavior of 162 countries with respect to 220 MEAs in 1950–2000. We find that treaties that are characterized as ‘hard’ indeed deter ratification. Furthermore, explicit legislative approval requiring supermajority also makes treaty ratification less likely.