Treaty Federalism in Northern Canada: Aboriginal-Government Land Claims Boards

Treaty federalism in North America encompasses not only governanceimplications of the historic treaties signed with Aboriginalpeoples, but also the modern-day treaties known as "comprehensiveland claim agreements." This article explores how treaty federalismis realized in Northern Canada through claims-mandated jointgovernment-Aboriginal boards dealing with wildlife management,land-use planning, and environmental protection. These boards,existing at the intersection of the three orders of government-national,federal/territorial, and Aboriginal—are found to be uniquegovernance institutions, with substantial independence fromgovernment. They have significantly enhanced Aboriginal peoples'influence over land, wildlife, and resource decisions, but theextent to which they bring Aboriginal culture and worldviewsto bear in decision-making remains an open question.     

Institutional Legitimacy Building in a Context of Transition: The South African Land Claims Court

The success of societal transformation often depends on the legitimacy of the government institutions developed to mediate the transition. This article examines one case of institutional development and legitimacy building, the South African Land Claims Court. Formed in 1996 to help South Africa resolve land-claim concerns that surfaced as the nation transitioned to a postapartheid society, the court demonstrates the challenges of developing an institution in the context of large-scale societal transformation, reconciliation, and governmental legitimacy building. By tracing the evolution of the court and analyzing its first five years of activities, the article presents the challenges and opportunities of legitimacy building for entities working in transitional political and administrative settings.     

Bringing Law to the Table: Legal Claims,Focal Points,and the Settlement of Territorial Disputes Since 1945

In this article, we argue that international law can help state leaders reach a settlement in territorial disputes by suggesting a focal point for negotiations. International law is more likely to serve as a focal point when the legal principles relevant to the dispute are clear and well established and when one of the states in the dispute has a stronger legal claim to disputed territory. When these two conditions are present, we expect the state with a legal advantage to push for and receive favorable terms of settlement. In our analysis of all negotiated settlements in territorial disputes from 1945 to 2000, we find strong support for the importance of international law in influencing the terms of settlements. States with a strong legal advantage are more likely to secure favorable terms, whereas states lacking a strong legal claim are more likely to receive unfavorable terms.     

In the Wake of 'A Certain Maritime Incident': Ministerial Advisers, Departments and Accountability

This article considers the accountability of ministerial advisers and their relationship with departments in the light of 'the children overboard' incident. It argues that if ministers are not going to accept responsibility for the actions of their advisers then on those occasions the advisers should be separately accountable to the parliament. The article further suggests that the department heads have a particular responsibility for ensuring the integrity of ministerial advice, and proposes steps to reinforce their capacity to fulfil that responsibility.     

论公司异议股东回购请求权的几个问题

在资本多数决原则基础上建立的公司权力运行规则在给公司决策带来效率的同时，也形成了对少数股东的不平等，即不得不按照公司法服从多数股东决定的合并、章程修改等公司行动。如何保护这些少数股东的权利是公司实践中的重要课题。我国公司法虽规定了异议股东回购请求权制度，但却在实践中暴露出不少问题。如：异议股东在回顾请求权的公司适用问题、异议股东的确定问题、股份回购请求权的法定适用情形问题等等，都需要在实践中进行研究和完善。     

城郊土地管理困境:中央与地方的“土地博弈”

中央政府和地方政府的土地博弈在城郊土地管理中表现得最为突出,造成城郊土地管理困境的原因主要是中央政府和地方政府的主要目标存在差异,分税制的不完善,以及我国现行的农村集体土地制度尚不完善等。而化解土地博弈的困境在于将农民纳入博弈之中,完善中央和地方的财政分配制度,建立土地配额转让流通机制。     

Business Associations and the Decentralization of Penury: Functional Groups and Territorial Interests

This article compares the responses of subnational business interest associations (BIAs) in declining industrial regions to the demotion of centrally-administered regional economic policy in favor of regional and local initiatives — a "decentralization of penury"— in Great Britain and West Germany. As an organization that represents chiefly functional membership interests, a BIA is not the most obvious candidate for economic initiatives based on territory. Drawing on a comparison of BIAs in two British administrative regions and two German Länder , I discuss the mix of elements that influence whether business is capable of fighting out politics about territory across territory, either on a local or regional basis. The analytical framework employed is based on Schmitter and Streeck's logics of membership and influence. The findings suggest that business associations formulate and pursue territorial economic interests consistently, yet face powerful constraints generated by their relations with members and by central government policies. Where the spatial economic interests of business are concerned, BIAs in both countries, despite the clear differences in organizational properties and capabilities, are best able to balance the tensions generated by the two logics when government policy encourages a local focus.     

Settled Borders and Regime Type: Democratic Transitions as Consequences of Peaceful Territorial Transfers

Research arguing that external threats determine regime type has generally failed to provide systematic evidence in favor of the peace‐to‐democracy hypothesis. We suspect that the lack of confirmatory findings is likely driven by conflating the concepts of negative (absence of conflict) and positive (mutual trust and cooperation) peace. By focusing on territorial issues and the phenomenon of peaceful state‐to‐state territorial transfers (i.e., peaceful alteration of borders), we are able to observe the effects of replacing territorial threat stemming from negative territorial peace (or territorial rivalry) with the positive territorial peace associated with legitimate, mutually accepted borders. Our findings support the expectations that peaceful territorial transfers remove active and latent territorial threat and lead to demilitarization and democratization. Importantly, peaceful territorial transfers are not endogenous to regime type. Our study therefore supports an alternative explanation for the democratic peace: both democracy and peace may be a function of settling territorial threats.     

Governance without a state: Can it work?

In this article we explore how much state is necessary to make governance work. We begin by clarifying concepts of governance and the “shadow of hierarchy” and we follow this clarification with a brief overview of empirical findings on governance research in developed countries. We then discuss the dilemmas for governance in areas of limited statehood, where political institutions are too weak to hierarchically adopt and enforce collectively binding rules. While prospects for effective policymaking appear to be rather bleak in these areas, we argue that governance research has consistently overlooked the existence of functional equivalents to the shadow of hierarchy. We assert that governance with(out) government can work even in the absence of a strong shadow of hierarchy, we identify functional equivalents to the shadow of hierarchy, and we discuss to what extent they can help overcome issues of legitimacy and effectiveness in areas of limited statehood.     

Risk and the Outsourcing of Risk Management Services: The Case of Claims Management

Outsourcing of risk management activities is a well-established practice, involving a range of services from actuarial audits to loss control training to risk financing management to claims administration services. Surprisingly, little work has been done to examine the risks associated with outsourcing risk management activities. This article examines the outsourcing of claims management services by reviewing the research on outsourcing risks and by interviewing leading practitioners. In doing so, the authors draw some provisional observations about risks and risk costs associated with outsourcing claims management services—observations that seem generalizable to all risk management outsourcing.     

The Settlement and Process of Devolution: Territorial Politics and Governance under the Welsh Assembly

Devolution has been the most notable feature of the Labour government's plan to modernize the constitution. Principal consideration is given to Wales and to events since the formation of the National Assembly, which are examined by recourse to theoretically informed analysis on territorial politics and the nature of governance. The central question concerns the extent to which the Assembly can develop an autonomous policy position. Contemporary theories argue that internal and external developments have left central government in a less powerful position, which potentially can further augment the prospects for devolution. Events prior to and after the formation of the Assembly question whether government has moved into a new phase of development. Central government still commands an extensive range of resources and powers, especially over territorial bodies. At the same time, comparative analysis shows that such institutional parameters need not remain fixed. There is institutional space within the state for these powers to be contested and that the continued significance of territory can act as the basis of such political struggle.