Norway in UN environmental policies: ambitions and influence

This is a study of Norway’s ambitions for influencing UN environmental policies and then on the scope for impact. On the whole, it is clear that Norway has not been particularly successful in its general efforts at strengthening UNEP. These proposals have failed, due mainly to opposition from key states. Norway is after all a minor player in global governance issues, even in those pertaining to the environment. Norway has been more successful in efforts that indirectly strengthen UNEP, by supporting UNEP in initiating new MEAs. We found three main factors that help to explain why Norway has a relatively high level of influence at the international environmental arena compared to its size. First, there is a relatively straightforward domestic decision-making process with little conflict. Second, Norwegian officials and NGOs possess considerable expertise in these issues, adding to the intellectual leadership role of Norway in pushing for new principles and international legislation through UNEP. Third, Norway is sometimes able to join forces in environmental alliances with other like-minded countries. This would seem to carry the widest scope for increasing impact.

China and UN environmental policy: institutional growth,learning and implementation

The focus of this article is on whether, and to what extent, the major UN bodies for environmental issues—the United Nations Environmental Programme (UNEP), the Commission for Sustainable Development (CSD), and the Global Environmental Facility (GEF)—have had any impact upon how China addresses and approaches its environmental issues. The UN bodies seem to have had some degree of day-to-day influence in a range of fields. UNEP has provided assistance in terms of policy formulation, technical assistance, training of personnel, public awareness and networking. The CSD seems to have made fewer practical and concrete contributions to China’s environmental policies; it serves as an arena for learning and discussion of environmental issues, rather than as a body for policy implementation. The GEF, on the other hand, has been an important source for the implementation of environmental policies in China. As to China’s contribution to environmental issues on the global arena, China does not seem to give priority to the international level of environmental policies. It is an active participant and stakeholder in international bodies such as UNEP and the CSD, but it is currently not providing any leadership. This is in clear contrast to domestic policy, where environmental issues are becoming increasingly important, attracting the attention of the media, policy-makers and the public. The article concludes that should this trend consolidate, establishing the management of the environment and natural resources as major issues in Chinese politics, it is reasonable to expect that China will in the future aim to play a leading role in environmental politics at the international level.     

China's campaign-style Internet finance governance: Causes,effects, and lessons learned for new information-based approaches to governance,

China's Internet companies and citizens are now world leaders in developing and using the Internet and related information technologies for financial transactions. Accordingly, it is important that China becomes a world leader in identifying challenges posed by Internet finance, and providing law and governance solutions to address these challenges. While the Internet and its associated technologies are now globally available, a core question is whether, and to what extent, regulatory challenges and opportunities are common across different jurisdictions, or whether they reflect local circumstances. In short, an interesting question is what can the world learn from China as it takes the lead in addressing Internet finance challenges, and what can China learn from the world as it seeks to do so?This article first identifies the landscape of China's burgeoning Internet finance market, including key technologies and services and government and nongovernment players. The article then turns to key regulatory challenges, with a focus on factors especially significant in China. The article then examines the “top down” “campaign style” approach to regulation, which is China government's initial response to emerging challenges. Following an analysis of the campaign, some suggestions are then made for future possible governance strategies. We explain how emerging “information” based and experiment-based approaches to governance are drawing on both global and Chinese experiences to harness the capabilities of the Internet and the collective energies of Internet finance enterprises and users to advance the regulation of the China Internet finance system in a way that is conducive to the public interest.     

Fighting Windmills: The Coalition of Industrialists and Environmentalists in the Climate Change Issue

This paper extends the political economy idea developed by Ackerman and Hassler [Clean Coal/Dirty Air, or How the Clean Air Act became a Multibillion-Dollar Bail-out for High Sulfur Coal Producers and What Should Be Done About It. New Haven: Yale University Press], which suggested that a coalition of environmentalists and industrialists successfully lobbied the US Congress. More strict technology-based standards for new emitting sources than for existing sources was the resulting policy outcome serving the common interest of the coalition because it offered both a barrier to entry for new firms and improved environmental quality. We focus on the case of international climate negotiations and the promotion of wind-based energy. Along the lines of the Ackerman and Hassler approach, we suggest that one reason for EU eagerness to push forward ambitious reduction target levels (and thereby promote new green industries) could be a similar coalition between industrialists and environmentalists. Such a strategy can be seen in the context of the Bootleggers and Baptist theory developed by Yandle [Bootleggers and Baptists: the Education of a Regulatory Economist, Regulation, 7, 12–16], where the Baptists (in our case the environmentalists) demand changes in behaviour on moral grounds. In contrast, the Bootleggers (the producers of renewable energy), who profit from the very regulation, keep a low profile. The actual heavy subsidisation of renewable energy sources, such as wind energy, can be viewed as a successful policy outcome for the coalition of industrialists and environmentalists offering both market protection and improved environmental quality. Solving the current dead-lock in international climate negotiations may well imply fighting the strong coalition of industrialists and environmentalists. Such a political battle may turn out to be just as tough as fighting windmills and needs to be addressed in future and more rigorous empirical research. At the end of the day, transparent incentives of relevant stakeholders in the climate change issue are necessary preconditions for progress in the climate change negotiations.JEL Classification: Q28,H2, H4     

环境治理和可持续发展：中国环境法的成就、问题和展望

本文阐明了中国环境法60年的发展概况、所取得的成就、所存在的主要问题以及今後的发展方向。主张在环境立法内容方面,加强有关环境治理、环境善治、公民环境权、环境民主、公秉参与、环境知情权、环境公益诉讼、政府环境责任及政府环境责任问责制方面的立法：在环境法学研究方面提出：促进研究范式从“主、客二分”到“主、客一体”的转变;促进环境法上的人的模式从经济人模式、主体人模式向生态人模式转变。认为环境法治理建设应该以可持续发展为目标,以生态文明为方向,以环境法治为灵魂,以维护环境正义公平为宗旨,以环境安全为前提,以人与自然和谐相处为核心,以环境民主为手段,以追求环境效益和环境效率为激励机制,以健全综合生态系统管理和环境“善治”机制为导向,充分发挥环境法律调整人与自然关系的作用,使其成为建设环境友好社会、资源节约型社会和生态文明社会的法律保障。环境法学应该研究生态化方法和综合生态系统管理理论,促进环境法向生态法转变,促进环境法律制度的生态化．     

What is valued in resolving environmental dilemmas: Individual and contextual influences

Justice is an increasingly important concept to examine with regard to decisions about environmental conflicts. But justice can be defined in a number of ways. This paper argues that the perceived importance of different principles of justice to environmental decisions is affected by the position argued, by contextual manipulations, and by individual difference variables. Literature is reviewed in support of the first of these points, suggesting that environmentalism is more congenial than antienvironmentalism to macrojustice principles. Data are presented to show that the way in which a conflict is described, in general or specific terms, affects the perceived importance of some justice principles, and that subject gender and environmental ideology are also related.     

Perceptions of crime seriousness in eight African-American communities: The influence of individual,environmental, and crime-based factors

Using secondary data analysis, we examine the perceptions of crime seriousness among 621 African-Americans living in eight urban neighborhoods stratified by crime rate and income level. On the basis of the literature exploring perception formation and attitudes toward crime seriousness, we hypothesize that individual-level variables, community-level variables, experiential variables, and the motive for the crime will influence respondents' perceptions of crime seriousness. The results of six multiple regression models suggest that gender, age, community crime rate, city of residence, religiosity, and fear of crime significantly influence respondents' view of crime. We challenge the assumption that there is considerable consensus regarding perceptions of crime seriousness, and discuss the implications for the justice system.     

Participative leadership and hierarchical structures in multiple perpetrator rape: replicating and extending a scale of influence among offenders

ABSTRACT

This paper replicates and extends Porter and Alison’s (2001. A partially ordered scale of influence in violent group behavior: An example from gang rape. Small Group Research, 32(4), 475–497) method of leader identification in Multiple Perpetrator Rape (MPR). The study examined 216 MPR offences (totalling 712 different offenders), collected from archival sources (predominantly law reports). Porter and Alison’s original coding scheme was refined and Multidimensional Scaling identified a partially ordered scale of influence based upon the decisions, actions and orders made by the offenders at each chronological offence stage. The updated scale identified leaders in 97% of the sample groups. The hierarchical structures of the groups were also examined through the distribution of influence among co-offenders. While the majority (68%) of cases exhibited a dichotomous leader/follower structure, some “followers” also exhibited influence tactics to varying degrees with the presence of “lieutenants” and linear hierarchies. The findings are discussed in relation to group dynamics as well as the reliability and validity of the influence scale.     

Stop,Collaborate, and Listen: Women's Collaboration in US State Legislatures

Collaboration plays a key role in crafting good public policy. We use a novel data set of over 140,000 pieces of legislation considered in US state legislatures in 2015 to examine the factors associated with women's collaboration with each other. We articulate a theory that women's collaboration arises from opportunity structures, dictated by an interaction of individual and institutional characteristics. Examining the effect of a combination of characteristics, we find support for an interactive view of institutions, where women's caucuses accelerate collaboration in Democratic‐controlled bodies and as the share of women increases. Collaboration between women also continues in the face of increased polarization in the presence of a caucus, but not absent one. Our findings speak to the long‐term consequences of electing women to political office, the importance of institutions and organizations in shaping legislative behavior, and the institutionalization of gender in politics.     

西部开发与重庆经济社会发展法治环境构建

本文分析了重庆经济社会发展法治环境建设的状况和问题 ,提出良好法治环境的构建 ,必须抓好四大系统及其协调运作。     

Law reform: in the Commonwealth,in small states and in the Caribbean

This paper first outlines the constitutional methods of law reform in the Commonwealth as a whole, in small states like those of the Caribbean, and in the Caribbean itself. It considers possible ways in which small states, which tend to have especially limited human and financial resources, might still be able to make greater use of independent law reform. The possibilities include the establishment of more Law Reform Agencies (LRAs), and greater regional co‐operation in law reform or even a Regional Law Reform Agency (RLRA). In this regard, it raises several issues for consideration, in its concluding paragraphs.     

Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

Explaining differences in EMAS participation rates across Europe: the importance of institutions,incomplete information and path dependence

What factors shape environmental policies across Europe? In order to answer this question most economists would probably adopt a Public Choice approach. This approach has convincingly explained some aspects of environmental policies that exist in a similar fashion across Europe. But why do many environmental policies differ across European countries? This article argues that in order to understand differences in environmental policies in Europe North’s analysis of institutional change focusing on formal and informal institutions, incomplete information and path dependence is useful. North’s approach is applied to explain differences in a particular field of European environmental policy: The implementation of the EU’s Eco-Management and Audit Scheme (EMAS) in Germany, the Netherlands, and the UK. The starting point of the analysis is the observation that participation of companies in EMAS markedly differs between countries. It is shown that these differences can be explained with differences in formal and informal institutions in the three Member States, incomplete information of relevant actors, and path dependence.     

Crafting public security: demilitarisation,penal state reform and security policy-making in post-authoritarian Chile

ABSTRACT

Here I dissect the institutionalisation of ‘citizen security’ as a category and sector of public policy in post-authoritarian Chile. Deploying a Bourdieusian field theory approach and questioning narratives of security policies as responses to criminality or adaptations to democratic values, I argue that the construction of a new security policy sector – with a new consensus (distinct from that of National Security), with reformed police and courts in its core, leaving aside the military and extending beyond traditional agencies – derives from (i) struggles over policing and criminal justice reforms, (ii) tensions between the military and democratic authorities in democracy and (iii) performative integrations of the new policy components. These mechanisms explain the evolution of the security problem and the progressive aggregation of bureaucratic agencies and methods to the ‘public security policy’ – policing, judiciary, urban design, prisons and prevention plans. I close discussing alternative accounts of institutional variations in security governance in the region.     

Subculture,Gang Involvement,and Delinquency: A Study of Incarcerated Youth in China

The purpose of this study is to examine youth gang phenomena in China employing a two-step approach. The first step is to apply the delinquent subculture perspective to the explanation of variation in gang involvement; the second is to investigate the relationship between youth gang involvement and self-reported delinquency. The data for the study were collected from face-to-face interviews conducted with adjudicated youth offenders incarcerated in a province-run juvenile prison. Structural equation modeling is used to assess the direct and indirect effects of delinquent subculture exposure and gang involvement on three outcome variables of delinquency. The primary finding is that exposure to a subculture of violence is indeed a significant predictor of gang involvement. Importantly, gang involvement is significantly correlated with both violent offending and drug offending.     

来华留学生教育治理:困境、模式与出路

近70年来,来华留学生教育制度发展历经了政府直接干预到走向规则治理的历史转型,但仍面临立法和实践背离社会政策功能、高校自主权有待提升以及粗放发展模式下的监督和问责制度供给不足等现实困境。完善来华留学生教育治理,可借鉴元治理理论,在框定政府与高校各自作用的基础上,构建以分权和监督为核心的权责配置制度。具体而言,应坚持社会公共政策和人权保障原则,健全分权、自治、监督和问责机制;以社会政策功能为指引纠正现行规章和实践中存在的偏差,扩大高校招生自主权,构建留学生培养全过程监督制度,坚持趋同管理和权利保障相结合,改革政府奖学金年度评审规则,落实留学生教育问责机制。     

农村环境保护法治建设的成就、问题和改进

文章总结了我国农村环境保护法治建设,分析了其存在的主要问题,提出了如下改进意见:明确农村环境保护法治建设的指导思想、基本理念和基本原则;建立健全农村环境保护监督管理体制,各级人民政府对所辖农村的环境质量负责,国家环境保护部是对全国农村环境保护实施统一监督管理的行政主管部门,发挥和依靠乡级人民政府和集镇管理委员会、村民委员会在农村环境保护方面的作用;合理确定农村环境保护法的适用范围和规制的主要领域;健全农村环境保护法律体系、法律制度和法律措施。     

The European Trips-Plus Model and The Arab World: From Co-Operation to Association— A New Era in the Global IPRS Regime?

The advocation of stronger and higher levels of Intellectual Property Rights (IPRs) protection has been on the rise in recent years, particularly since the establishment of the World Trade Organisation (WTO) in 1995. Although its establishment signalled the beginning of a new phase in the protection of IPRs internationally, no more than a decade later, it is seen that such a regime is still undergoing a number of significant changes. In this regard, the rise of bilateralism and the retreat of multilateralism resulted in the so-called ‹TRIPS-Plus’ recipe in which developing countries are increasingly giving way to the demands of the industrialised countries through incorporating higher levels of IPRs protection domestically. Although the USA has often been viewed as the primary advocator and enforcer of the TRIPS-Plus recipe globally, this article shows that in fact the European Union (EU) advocated the TRIPS-Plus recipe long before the USA. Thus, this article discusses the case of the European TRIPS-Plus model with the Arab World as a clear demonstration of such a trend. Developing and Arab countries are now faced with two determined superpowers acting at both the unilateral and bilateral levels to achieve their desired higher standards of IPRs protection worldwide. This will further erode the flexibilities of the TRIPS Agreement, and will entail grave repercussions for both the developing and Arab countries. LLM, PhD, Lecturer in Law, University of Central Lancashire (UCLAN), UK. The author may be contacted at mel-said@uclan.ac.uk     

Job satisfaction among frontline police officers in China: the role of demographic,work-related,organizational and social factors

This study was intended to add to information about the underinvestigated policing studies in China. The possible impact of demographic characteristics, work-related variables, and organizational management and social variables on police job satisfaction was investigated. Data were collected through a self-report survey administered to a sample of sworn police officers training in a national police university in China (N?=?393). Results indicated that work-related characteristics associated with variety and stress, and organizational variables associated with professional development and peer cohesion were the most important predictors of job satisfaction in this sample of police officers.