Good Climate Governance: Only a Fragmented System of International Law Away?

Fragmentation is the hallmark of international environmental law—it is both the key to its success and the pathway to its unraveling. Recognizing that law is an essential component of systems of supranational climate governance, addressing gaps between international legal systems is fundamentally important to the legitimacy of international law and to on‐going attempts to use international law as a central component in efforts to address climate change. This article analyzes developments in international environmental law with a view towards suggesting how efforts to develop an international climate change legal regime—and a broader system of global climate governance—highlight the pressing need to look more closely at the linkages between climate change and other areas of international law and to begin thinking about ways to minimize gaps and maximize cooperation among international environmental institutions and between international environmental law and other spheres of international law.     

Juvenile Delinquency in the Cross-Cultural Context: The Egyptian Experience

This essay is a theoretical analysis of the cultural and structural factors that define and explain the extent of juvenile delinquency in the Arab Republic of Egypt. While delinquency in the United States and other Western countries continues to increase in rates as well as in the degree of violence, juvenile delinquency in Egypt remains relatively stable and remarkably benign. This can be attributed to three main factors: (a) an orthodox religion-based value system in which Islamic institutions exert dominant influences on the day-to-day moral behavior of juveniles; (b) a closely-knit family structure that functions within a communitarian environment in which children are constantly disciplined whereas they are taught socially acceptable behavior and shamed when they succumb to criminal behavior; and (c) an extraordinarily progressive juvenile justice system, which treats delinquency as a social phenomenon rather than a criminal endeavor. The study presents statistical data, based on official statistics, which show the levels of predelinquent and delinquent activity in the different provinces based on their degree of urbanization. Furthermore, the study attempts to explain the reasons behind the present deviance in society by discussing the possible impact of Social Control Theory, Strain Theory, and the idea of Relative Deprivation. The more serious aspects of deviance, it appears, emerged during the infitah era (economic opening) championed by president Sadat in the mid-seventies as an attempt to modernize—and westernize—the traditionally conservative nation.     

Habeas Corpus as <Emphasis Type="Italic">Jus Cogens</Emphasis> in International Law

For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts.     

Habermas,Feminism, and Law: Beyond Equality and Difference?*

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so‐called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so‐called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests.     

Pirates,prisoners, and preliterates: anarchic context and the private enforcement of law

This paper investigates institutions that develop to strengthen or expand the discipline of continuous dealings as a mechanism for privately enforcing law. I consider three such institutions in three different anarchic contexts: that of Caribbean pirates; that of drug-dealing gangs and prison inmates; and that of preliterate tribesmen. These cases highlight several ways in which different anarchic contexts give rise to different private law enforcement institutions. The varieties of private law enforcement institutions that emerge in different anarchic contexts reflect the particular problem situations that persons who rely on those institutions confront in their attempts to protect property rights without government.     

The subordination of shareholder loans in bankruptcy

Bankruptcy and corporate laws in several countries allow or require courts to subordinate loans by shareholders to corporations. Examples include the German Eigenkapitalersatzrecht and the equitable subordination and recharacterization doctrines in the US. I use a model to show the incentive effects of subordination when a controlling shareholder attempts to rescue a closely held corporation by extending a loan. Even though subordination has some beneficial effects, it deters some desirable rescue attempts and is an insufficient deterrent for some undesirable ones. Legal reform should thus focus on narrowing down the scope of application to undesirable shareholder loans, where more severe penalties than subordination should apply.     

TheContaduria Mayor de Cuentas at the time of Ferdinand and Isabella of Castile (1474–1516)

TheContaduría Mayor de Cuentas of Castile—that is, the Audit Board of the Accounts of Castile—is one of the earliest supreme state auditing institutions of which we have a documentary record. This article discusses what we know about the organization and functions of theContaduría Mayor de Cuentas of Castile on the threshold of the modern age, in the hopes of finding some elements that can be incorporated into, and so enrich, our theoretical approach to the economic functions of supreme auditing institutions.     

Carceral feminisms: the abolitionist project and undoing dominant feminisms

In this article we explore the intersections between white liberal feminisms and the carceral state, particularly within nonprofit agencies. We find a strong collusion between ‘dominating feminisms’ and the carceral state, through funding structures and the belief that the legal system can provide protection to victimized women. We use evidence from our own research on rape crisis centers and gender-responsive programming for criminalized women, respectively, to investigate how some nonprofit agencies further threaten the safety, stability, and self-determination of women of color, queer women, transgendered clients, economically disadvantaged women, and disabled women. As a result, when white liberal feminists seek to intervene in the criminal legal system, we often see reform efforts that directly strengthen institutions that perpetuate economic exploitation, colonialist notions of progress, and white supremacy. We conclude our article with an exploration of some guiding principles within noncarceral antiviolence organizations that espouse a liberatory feminist framework.     

Structural Regulation as Antidote to Complexity Capture

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Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.     

Culture in transition: Awareness and appropriate response to domestic violence among Hmong American college students

This explanatory study examined Hmong college students’ experience, awareness, and appropriate response to domestic violence in the Hmong community, using a survey (n?=?231) at one of the largest Hmong-serving institutions in the United States. Findings indicated that 32.8% of Hmong college women had some violence from their romantic partners and two thirds of Hmong college men and women were aware of violence in the Hmong community. Those young generation Hmong reported that the most appropriate method to solve conflicts within the Hmong community is through the traditional clan system. These results can be used to begin formulating research-based cultural competence education for providers in the criminal justice system and facilitate discussions on youth perceptions.     

Oligarchy,Anarchy, and Social Justice

This article attempts to identify the problems associated with democratic organizations, and institutions. The issue of democratic, self-governing organizations, and institutions being transformed into oligarchies is addressed. Thus, the question of democratic rule being undermined by elites and their attempts to co-opt democratic organizations, specifically government, is assessed. In order to mitigate elite interests within organizations, anarchist social justice is considered (paradoxically) as a means to revitalize and transform democratic government.     

Policy Coherence, Global Environmental Governance, and Poverty Reduction

This paper explores linkages between policy coherence, global environmental governance, and poverty reduction. It begins with a few thoughts on what these terms mean, and how they are linked. It then provides some perspectives on how the linkages might be improved over time. The paper takes the view that the most coherent institutional framework for both poverty reduction and environmental protection is likely to be one that is relatively decentralised, and based on a modular (networking) structure. The implication is that this framework should rely mainly on domestic and regional governance institutions, rather than on global ones. Effective management of environmental problems (both national and international) also implies a judicious mix of strong government institutions, smooth-functioning markets, and well-targeted infrastructure investments. The business and labour communities are therefore crucial. Other elements of civil society, notably the NGOs, also have important roles to play. Global environmental governance will have to overcome significant resistance insofar as the interests of the developing countries are concerned. Developing countries will need to be convinced that it is in their best interest to participate in global environmental institutions. The best way of making this case is to link (local) poverty reduction objectives explicitly to (both local and global) environmental protection goals. Bringing greater coherence to international trade, investment, and development co-operation policies could make an important contribution to strengthening these linkages. Investment is particularly important here – in the future, investment governance will likely prove to be more important for poverty reduction than environmental governance. Focusing on global environmental governance will not be enough.     

Building a post-war justice system in Afghanistan

This paper examines key dimensions of justice in post–war Afghanistan. These areshari'a(Islamic law), traditional institutions of informal justice (jirga), the Afghan interim legal framework, and human rights principles. It is argued that despite their apparent incompatibility, these various dimensions of justice could be integrated within a coherent framework of a new justice system in post–war Afghanistan –– a framework that would promote interaction between local institutions of informal justice and a district level court of justice, on the one hand, and between these two and a proposed human rights unit, on the other. On the basis of this analysis, an experimental model of a system of justice is proposed, which integrates local jirga and human rights units into the existing formal justice (based on shari'a and positive law) and law–enforcement institutions. This experimental model provides a multi–dimensional framework that both reflects the cultural and religious values of Afghan society, and at the same time, has the capacity to draw on human rights principles. It is maintained that the model has the capacity to deliver justice expeditiously and in cost–effective ways; it also has a strong potential to act as a channel of communication between ordinary people and a modern participatory state in post–war Afghanistan. However, in order to test the applicability of this model in the real world, it needs first to be thoroughly discussed among Afghan and international legal experts as well as among ordinary Afghan people, and then piloted in selected districts in Afghanistan.     

金融机构市场退出立法的价值诉求

金融机构因经营失败退出市场,是市场竞争的必然结果,在经济发达国家较为常见,亦有妥善而有效的退出机制。随着金融改革开放的逐步深入,我国也出现了一些问题严重、濒临破产倒闭的金融机构,但目前尚无一套系统的、操作性强的处理金融机构市场退出的法律制度。我国应建立和完善现代金融机构市场退出立法所应追求的价值理念,以期为其法律制度的构建提供理论基础。     

Has clarity been brought to the diamond sector? A survey into AML and TF risk mitigation by diamond traders and their financiers

The international diamond trade always has been a somewhat closed world in which different rules applied compared to other sectors. The myths and mystic surrounding diamonds as the most precious material on earth are in sharp contract with the contemporary demand for transparency. The clarity of a diamond, one of its four valuables, is not reflected in the ways of the diamond industry. However, recent initiatives, such as the Kimberly Process, which attempts to put a ban on blood and terror diamonds and a handful of banking scandals, have brought a wind of change. This wind of change is to some extent a mere side-wind fanned by the hurricane of the global anti-money laundering and anti-terrorist financing movement. Banks financing the diamond trade, assurance companies providing insurances to the sector and the diamond traders and retailers have all become subject to AML and CFT legislation. Compliance has become the magic word in the world of financing, along with transparency, but the diamond sector proved to be a slack student in this respect. This paper explores the different aspects of compliance by diamond sector market players and examines whether the extension of the regulatory framework to these players have brought a shift in responsibility, away from the financial institutions financing the diamond sector. In addition it addresses the question whether the regulatory framework and regulatory practice are sufficiently developed to enable effective supervision by the authorities. The author is Senior Intelligence Advisor at ABN AMRO Bank NV. The views expressed in this paper are the author’s private views and not necessarily represent the views of the ABN AMRO Bank NV.

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Return on Investment in Innovation: Implications for Institutions and National Agencies*

Commercial success in universities in the USA and Canada has resulted in many other countries taking steps to emulate this performance and major technology transfer and commercialisation support programmes have been launched in UK, Europe, Australia, Japan and many other countries—including South Africa. Unrealistic expectations have, however, been generated by the spectacular successes of a relatively few institutions and it is not always realised that the success from commercialisation is proportional to the magnitude of the investment in research. Without a well funded, high quality research system, it is not possible for technology transfer to make any significant contribution to economic development. The possible economic returns to higher education institutions from commercialisation of research can be estimated using international benchmarks. This forecast uses a combination of an institutional return on investment model and a simple economic projection. The model is generic and can be adapted for use in any institution. As more data becomes available from local (and international) sources, the model will be refined to give better estimates. The model is dynamic and shows, quantitatively, why it can take up to 10 years for an institution, and 20 years nationally, to attain a positive rate of return from an investment in research and technology transfer. The model enables the long-term impact of policy decisions, in an institution and nationally, to be examined and alternative scenarios explored. The performance of individual institutions is, however, highly variable and unpredictable. This is even for those institutions that are comparable in size and maturity. A large portfolio of patents and licences is required to give a reasonable probability of positive returns. This may be possible at a national level, but is problematic in smaller institutions—and smaller countries. Because the benefits of the innovation system are captured largely at national level, with institutions having a high uncertainty, public sector support to reduce the institutional risk is necessary to assist institutions to make the necessary investments. Technology transfer is of course only one element of the overall research and innovation value chain. All elements must be functioning effectively to derive the economic and social benefits from research. In addition to a strong research system, adequate incentives must exist to encourage academics to participate, particularly with regard to the crucial initial step of invention disclosure. After disclosure, sufficient institutional capacity must be in place to take an idea, evaluate it, protect the intellectual property appropriately and then seek a path to commercialisation through either licensing or start-up company formation. *Based on the paper “Return on Investment in Innovation: Implications for Institutions and National Agencies” presented at The First Globelics Conference on Innovation Systems and Development Strategies for the Third Millennium, Rio de Janeiro, November 2003.     

Paradoxes of Urban Housing Informality in the Developing World

This article addresses a series of paradoxes regarding informal settlements in cities in the developing world and their relation with the legal system. The first paradox regards the penalization of illegal land occupations on the one hand versus the legalization of that same practice on the other. Second, it looks at the relationship between land occupations as systematic violations of property rights, but with the goal of forming new property rights and thus paradoxically supporting private property as a substantive principle. Third, the reasoning behind the fact that the same system that denies legal access to housing for poor sectors simultaneously attempts to incorporate informal settlements in an ad hoc manner through legalization schemes is examined. It is shown that there is a logic to these paradoxes, which, although contradictory from standard legal perspectives, can be accommodated within a theoretical framework that distinguishes an internal normative order operating within informal settlements, from the state legal system, operative outside it. The proposed framework not only settles the paradoxes, but, this article concludes, can also guide attempts to deal with the enormous anticipated growth of informality in the developing world.     

Duma-2014 Report

Why do hybrid regimes imitate democratic institutions? Do they serve exclusively as a showy formality for the external, mainly Western, audiences or do they perform some substantive functions within the framework of a political system? Within the broader context of diffusion of ideas across countries, the author of this paper explains the nature of the Russian State Duma, which, over the last 10 years, has become a kind of administrative stock exchange for the Russian political elites, and challenges the common simplistic view of the current Russian legislative process as “rubber-stamping” orchestrated by the executive branch.     

Do Term Limits Restrain State Fiscal Policy? Approaches for Causal Inference in Assessing the Effects of Legislative Institutions

Scholars of state politics are often interested in the causal effects of legislative institutions on policy outcomes. For example, during the 1990s a number of states adopted term limits for state legislators. Advocates of term limits argued that this institutional reform would alter state policy in a number of ways, including limiting state expenditures. We highlight a number of research design issues that complicate attempts to estimate the effect of institutions on state outcomes by addressing the question of term limits and spending. In particular, we focus on (1) treatment effect heterogeneity and (2) the suitability of nonterm‐limit states as good counterfactuals for term‐limit states. We compare two different identification strategies to deal with these issues: differences‐in‐differences (DID) estimation and conditioning on prior outcomes with an emphasis on synthetic case control. Using more rigorous methods of causal inference, we find little evidence that term limits affect state spending. Our analysis and results are informative for researchers seeking to assess the causal effects of state‐level institutions.