存款保险制度下银行道德风险的法律控制

存款保险制度下的道德风险包括存款人道德风险、银行道德风险、监管机构道德风险,而银行的道德风险是其道德风险问题最集中的体现。因此,在我国即将建立的存款保险制度之际,有必要借鉴美国的立法改革经验,在存款保险制度下,通过让存款人、投保银行和监管者都投入一定资源的法律制度安排,加强对商业银行道德风险的控制,同时还必须通过完善银行治理结构,严格信息披露制度,培育良好的存款保险理念,审慎的监督等其他制度措施与之相配合。     

美国医疗保险照顾计划及其对我国的启示

在现代保险法制中,健康保险是一个新兴的领域。与欧洲、日本等以国家为主导的健康保险法制建设不同,美国采取的是一种公私混合的多元化模式,即以商业健康保险为主,以政府主办健康保险为辅,并为此制定了一系列的法律、法规,形成了一个比较完善的健康保险法律体系。而在政府主办的健康保险事业中,1965年推出的医疗保险照顾计划(Medicare)处在核心的地位。本文就医疗保险照顾计划的由来、主要内容、实施效果以及对中国的启示作了详细论述,对借鉴美国医疗保险照顾计划、克服我国在老年人和残疾人健康保险上的问题以及如何改进等,提出了思路。     

An Examination of the NAIC White Paper Entitled “The Potential Impact of Climate Change on Insurance Regulation”

The battle between insurers and policyholders over coverage for climate change liability has already begun. Commentators have paid less attention to the positive role that insurers can play in coping with climate risk, or the negative impact should climate change liability create massive insurance insolvencies. The NAIC has now addressed these issues in its first White Paper on climate change. Everyone in the insurance industry must pay attention to the risks that the NAIC identifies, and the measures that it recommends.     

Natural Resource Damages for Climate Change—An Idea Whose Time Is Not Yet Come,Part II: Climate Change NRD Claims—Get Coverage

Climate change litigation is in its infancy. As it matures, one type of suit that may emerge is a climate change-based natural resource damages (NRD) claim under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). While it is unlikely that climate change-based NRD claims could succeed under current law, a policyholder sued for such claims should be entitled to a defense under its liability insurance policies. Against the backdrop of some recent climate change lawsuits, this article anticipates insurance industry arguments against coverage for climate change NRD claims, and examines counter arguments in favor of coverage for such claims.     

Fostering a triple response mechanism to combat global climate change: Emission abatement,carbon capture and water improvement

The Kyoto Protocol has established emission abatement and carbon sink increase to cope with climate change. However, in recent years, developed countries tend to focus more on the former. The simplifying of GHG causes has posed challenges for the understanding of climate change issues and for the development of consequent counter-measures, leading to present controversy and dilemma over mechanisms to combat global climate change. It is held that a desirable global cooperative stance should be “harmonious but differentiated,” i.e., the division of responsibilities and co-operation among the countries should be conducted after the diversities of different countries are recognized in terms of climate change, interests and functions. To meet this end, it is necessary to have UNFCCC play a leading role, under which emission abatement, carbon sink and water cycle improvement are concurrently reinforced. Under this triple mechanism, industrialized countries ought to continue to take the lead in emission abatement, while developing countries, especially those with great potentialities to strengthen carbon sink and water conservancy, ought to conduct ecological preservation and to develop hydraulic capacity so as to strengthen the natural carbon cycle and water cycle to combat climatic impacts.     

Neither Fair nor Unchangeable But Part of the Natural Order: Orientations Towards Inequality in the Face of Criticism of the Economic System

The magnitude of climate change threats to life on the planet is not matched by the level of current mitigation strategies. To contribute to our understanding of inaction in the face of climate change, the reported study draws upon the pro status quo motivations encapsulated within System Justification Theory. In an online questionnaire study, participants (N = 136) initially completed a measure of General System Justification. Participants in a “System-critical” condition were then exposed to information linking environmental problems to the current economic system; participants in a Control condition were exposed to information unrelated to either environmental problems or the economic system. A measure of Economic System Justification was subsequently administered. Regressions of Economic System Justification revealed interactions between General System Justification and Information Type: higher general system justifiers in the System-critical condition rated the economic system as less fair than did their counterparts in the Control condition. However, they also indicated inequality as more natural than did their counterparts in the Control condition. The groups did not differ in terms of beliefs about the economic system being open to change. The results are discussed in terms of how reassurance about the maintenance of the status quo may be bolstered by recourse to beliefs in a natural order.     

The European Emissions Trading Scheme Case Law

Within European climate change and energy policy, the European Emissions Trading Scheme (EU ETS) occupies a prominent role. This article considers the developing case law of the European courts on the EU ETS. Specific attention is paid to the role of the different actors within the EU ETS and the impact that their applications to the courts may have on the further development of the EU ETS. Moreover, the continuing lack of standing of private parties in EU ETS cases is analysed in light of demands for legal certainty within a developing economic market.     

Fraud and recessions: Views from fraudsters and fraud managers

While a link is often made between the economy and crime levels, the evidence suggests that characteristics of an adverse economic climate can lead to either an increase or a decrease in crime. In this paper the impact of the recession on fraud is examined. This work is based on work undertaken by the author with fraud managers (via three group discussions), and interviews with sixteen fraudsters in prison. The findings underline the need for caution in making a link between increased levels of fraud and an adverse economic climate. More research is needed in this area to examine what types of offences, or what characteristics of them are most likely to be affected by poor economic conditions.     

Russia: From Energy Villain to Environmental Hero?

Global development of unconventional natural gas sources using hydraulic fracturing techniques has intensified energy security issues and environmental concerns, including freshwater contamination and climate change. Russian energy policy and its natural gas monopoly, Gazprom, have shaped European energy concerns. The discussion presents the goals of the Energy Charter Treaty (ECT) as a response. It describes Russia's controversial involvement in the ECT process and examines the United States’ role as a worldwide model for shale development. This article finds that Russia's ratification of the ECT presents a good solution for environmental and trade relations problems that Russia and European countries face today.     

Climate Change Policies, Energy Security and Carbon Dependency Trade-offs for the European Union in the Longer Term

Energy policy in the European Union (EU) faces two major challenges. The first challenge is posed by EUs commitment to reduce greenhouse gas emissions to the atmosphere in the context of the international agreement on climate change. The second challenge is to keep ensuring European security of energy supply, while its dependency on external sources of energy is projected to increase. In this paper, two long-term alternative climate change policy scenarios for Europe are examined. In the first scenario, EU reduces carbon dioxide emissions by domestic measures; in the second scenario EU maximizes cooperation with the countries of the former Soviet Union (FSU). Impacts on carbon flows between the EU and FSU and on the external energy dependency of the EU are assessed with an applied general equilibrium model, GTAP-E, whose set of energy commodities is expanded with combustible biomass as a renewable and carbon-neutral energy commodity. The results show that there is a trade-off between economic efficiency, energy security and carbon dependency for the EU. The FSU would unambiguously prefer cooperation.     

Governing Climate Change: Towards a New Paradigm for Risk Regulation

This article argues that the ascent of climate change on the EU regulatory agenda signals a new era of risk regulation and calls for the establishment of a new paradigm for risk regulation. Climate change is altering the EU's conception of environmental risks and its design of regulatory responses. In contrast to conventional risk regulation, climate change regulation must prioritise the risks of business‐as‐usual over the risks of change, must target systemic change instead of stability, and must favour the virtues of integration and orchestration over those of individualisation and compartmentalisation. There is an important role for risk regulation scholarship to analyse this shift and its consequences for regulation, such as the relocation of legitimacy needs and the emergence of new risks of regulatory failure. Such an enterprise would both reinvigorate risk regulation scholarship and offer a vital contribution to the European Union as it tackles the momentous challenge of climate change governance.     

Case comment: C-82/10 European Commission v Ireland—judgement of the Court of Justice of the European Union,September 29, 2011 (VHI case)

This article is the case comment on the recent judgement (September 29, 2011) of the Court of Justice of the European Union in the case No C-82/10 concerning non-life insurance. This case was initiated by the European Commission against Ireland for failure to fulfil its obligations by not covering the Voluntary Health Insurance Board by insurance supervisory scheme as provided for by relevant Directives. The above insurance institution which is the main health insurer in Ireland enjoys exemption from the supervisory scheme envisaged by relevant Directives. Ireland may maintain this exemption if its capacity is not amended; otherwise the above institution must be covered by the insurance supervisory scheme. This article provides a brief summary of facts and court conclusions alongside with relevant comments on the impact of this judgement. The author has commented both legal and economic aspect of this case paying particular attention to the role of this judgement in the development of the insurance supervisory scheme in the European Union law.     

Promoting Urban Agriculture: Insurance as an Important Tool

As population density and climate change affect food supplies, urban agriculture becomes increasingly important. Insurance is just one component of managing the risks associated with these changes and of helping the agriculture sector adapt to them. Research to date indicates that insurance, public policy, and land use law must effectively be combined in order for urban agricultural initiatives to flourish. However, financial support is another crucial element that too often is overlooked. This article discusses the deployment of various insurance products as a means to facilitate and create incentives to encourage urban agriculture. This promising business may be promoted by adjusting existing insurance coverage, establishing local urban agriculture insurance programs, and incorporating risk analysis into urban land use planning.     

Parametric Insurance: Using Objective Measures to Address the Impacts of Natural Disasters and Climate Change

Parametric insurance is a promising alternative to traditional insurance when it comes to addressing catastrophic weather events and their impact on developing nations. Where available, traditional insurance is expensive and can involve protracted claim adjustment. Parametric insurance, on the other hand, provides coverage monies automatically upon the existence of certain objective weather-related parameters based upon a set formula. This model has been shown to work in the Caribbean Basin, but requires international cooperation in pooling, measuring, and managing risk. The immediate availability of emergency-response funds can be crucial in mitigating the impacts of climate change and related severe weather events.     

论能源法的变革

当代能源法正在发生深刻的变革。各国能源法的调节模式逐步从国家垄断和所有的传统模式或具有特许权垄断与严格规制的私人所有模式,向有限的能源市场化转换;随着能源环境(气候)问题的突出,能源法的发展日益呈现出生态化趋势,从局限于确保供应安全转变到以管理外部性、调节需求与改良利用为重点;由于能源与社会发展的密切关联,能源法也正在通过若干权利导向的机制走向人本化。能源法这三种变革趋势表明了其承载的经济增长、社会公正与环境保护的三种法律价值。     

Environmental Horizon Scanning and Criminological Theory And Practice

The world is rapidly changing due to climate change and the systematic depletion of natural resources. This paper provides a glimpse over the horizon of issues likely to be of interest to European criminology in the not so distant future. Our concern is to identify a set of issues and trends that have significant theoretical, methodological and policy implications for those with an interest in transnational environmental crime. The concerns range from the social consequences of climate change through to the use of the subterranean spaces of the planet as a toxic repository. This paper presents a brief summary of several horizon issues and explores the implications of these for criminological research and intervention. The paper provides an introduction and overview of environmental horizon scanning as informed by eco-global criminological considerations.     

浅析我国保险公司上市的收益与风险

分析我国保险上市的可行性,主要分析上市给保险公司带来的增强承保能力、偿付能力、资本运营、改制等方面的收益,以及财务风险、经营与管理风险和系统风险。收益和风险都不是绝对的,保险公司只有充分利用上市带来的机遇,真正从公司的长远发展和上市的最终目标出发,主动转换角色与经营理念,才能规避风险,获得收益。     

Beyond Kyoto: The EU's Contribution to a More Sustainable World Economy

The EU has been leading the world fight against climate change since the late 1990s. This activism on the international scene has served as a stimulus for a common action against global warming that has, in the last 10 years, become a world referent and the central issue in the EU environmental policy. The most relevant initiative is the greenhouse gas (GHG) emissions trading scheme (ETS), adopted in fulfilment of the Kyoto Protocol. In 2008, the EU adopted a new set of measures on climate and energy for the post‐Kyoto period (2013–2020). This new legal framework, coupled with the provisions introduced by the Treaty of Lisbon and the ‘Europe 2020’ strategy, represents the EU's commitment to promote a more sustainable European and world economic model.     

Strategic Standardization in Europe: A Public Choice Perspective

In October 1990, the EC Commission presented a Green Paper in which it outlined a New Approach to European standardization. In particular, standardization was interpreted as a means of furthering the completion of the Internal Market. This paper discusses the impact of the modifications to the process of standard setting, as they have been proposed by the Commission, with respect to the incentives and goals of the major players in the European standardization game, i.e., national and European standardization bodies, industry and the EC Commission. Selected economic models of standardization are applied to investigate the policy impact of the New Approach.