Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

The convention on the conservation of European wildlife and natural habitats (Bern, 1979): Procedures of application in practice 1

Abstract

The Convention on the Conservation of European Wildlife and Natural Habitats was signed in Bern, Switzerland in 1979 and came into force on 1 June 1982. Over the past 20 years, various mechanisms have been developed to monitor the implementation of the Convention and to improve its effectiveness. The purpose of diis article is to examine the application of these mechanisms and assess die effectiveness of the Convention as a tool for biodiversity conservation.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

Challenges and prospects of implementing the access and benefit sharing regime of the Convention on Biological Diversity in Africa: the case of Ethiopia

An analysis of the implementation of the access and benefit sharing (ABS) regime under the Convention on Biological Diversity and other related regimes in Africa and, in particular, Ethiopia, reveals the following challenges: (a) centralization of power in the hands of the federal government with little attention to regional and local governments; (b) lack of effective mechanism for the participation of communities in ABS; (c) generality and vagueness of the regulatory regime and lack of regulations and guidelines for the effective implementation of the regulatory regime, (c) poor drafting of ABS Agreements; and (d) lack of effective enforcement and follow-up mechanisms for ABS Agreements. Nonetheless, despite the shortcomings, the article suggests that Ethiopia’s experience provides an important lesson for other countries confronted with the challenge of designing fair genetic resource governance at the national level and, more importantly, shows the challenges poor countries face in developing and implementing ABS Laws and in negotiating, concluding and enforcing ABS Agreements.     

The Chromis programme: from conception to evaluation

Abstract

Offenders with high levels of psychopathic traits present particular challenges to the criminal justice system. These offenders are at high risk of re-offending and have a range of complex issues impacting on their response to treatment. This paper outlines the development, structure and implementation of the Chromis programme: a programme designed specifically to reduce the risk of violence in offenders with high levels of psychopathic traits. It outlines the context in which the programme currently runs and the challenges faced in evaluating its impact. Initial findings and plans for evaluation are discussed.     

Tax Havens: Renegade States in the International Tax Regime?*

Taxing multinational enterprises (MNEs) is inherently conflictual because national tax systems are not well designed to handle their international activities. The OECD has been instrumental in developing an international tax regime to govern the conflicts and interdependencies induced by national taxation of MNEs. The strength of this regime depends on the extent to which states adhere to the regime's norms and practices. We examine the OECD's Harmful Tax Competition initiative, arguing that tax havens have been as renegade states in the international tax regime. We explore how the OECD initiative developed and evaluate its impact on regime effectiveness.     

Conflict or compatibility? The trade,conservation and animal welfare dimensions of cites

Abstract

While analysis of the effectiveness of the Convention on International Trade in Endangered Species (CITES) often focuses on its ability to ensure sustainable trade in the species it regulates, the treaty also contains many provisions intended to ensure the welfare of species introduced into international trade. While such provisions serve salutary objectives, they are often complied with only in the breach. Efforts should be made by the Parties to CITES to ensure implementation of the animal welfare provisions of CITES through stricter enforcement measures, enactment of national legislation and an interpretation of treaty provisions that furthers the underlying welfare objectives of the Convention.     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

‘If it’s not worth doing half-assed,then it’s not worth doing at all’: Police views as to why new strategy implementation fails

ABSTRACT

Strategy implementation is the most challenging aspect of strategic management. In the case of police organizations, failure to effectively carry out a strategy results in loss of organizational resources and employee commitment. The present study is an attempt to explore the reasons behind failure of new strategies by drawing upon qualitative survey responses from 353 police officers and civilian employees from seven agencies across Canada. The results reflect mostly negative sentiments towards strategy implementation efforts, with failure attributed to issues ranging from leadership incompetence to lack of organizational resources. These concerns must be taken into account by police leaders in order to address challenges associated with strategy implementation in their organizations.     

Native American Youth Gangs

ABSTRACT

The number of Native American youth gangs has increased dramatically since the 1990s. These gangs bring increases in crime and pose unique challenges to tribal leaders and local police departments. Using an integrated theoretical perspective, this article connects cultural and historical factors to explain the emergence of gangs in Indian country, identify risk factors for gang involvement, and outline important considerations for effective prevention and intervention strategies. It is expected that an improved understanding of Native American culture and experiences combined with the implementation of culturally-appropriate prevention and intervention programs will lead to more positive outcomes.     

Book review essay

This article examines changes in organizational priorities related to the three core functions of American policing—crime control, the maintenance of order, and the provision of services—during the era of community-oriented policing (COP). The change in priorities is analyzed using panel data from three national surveys of more than 200 municipal police departments conducted in 1993, 1996, and 2000. The primary finding is that police core-function priorities remained largely unchanged during this period. However, the systematic implementation of COP programs reflects an all-out effort to address all three core functions of policing at a higher level of achievement.     

The neighborhood enhancement team: Contemporary initiatives in community-oriented policing

Determined to combat high levels of crime in two neighborhoods, a southern city implemented the Neighborhood Enhancement Team (NET) to focus on gang and drug activity through a combination foot and bicycle patrol. With the support and assistance of the community and its various agencies, the program's initiatives and outcomes have been successful. Compared to arrest rates before the implementation of NET, the communities experienced declining arrest numbers far surpassing those of national trends: The total number of arrests for these two communities over the first five years of NET implementation declined by 40%. Furthermore, the annual arrest numbers are continuing their downward trend. Since the inception of the NET program, many youth are now choosing alternatives to gang affiliations, and as a result, social order is returning to the communities. It is the purpose of this article to delineate those initiatives and present findings of the outcomes. Authors' Note: Ferris Byxbe, Ph.D., is Associate Professor, Director of Criminal Justice and Graduate Coordinator, in the Division of Social Sciences, Criminal Justice Program, Delta State University, Cleveland, MS 38733. Philip Carlan, Ph.D., is Assistant Professor, Department of Social Work & Criminal Justice, University of North Alabama, Florence.     

The European legal framework on cybercrime: striving for an effective implementation

This article analyzes the European legal framework on cybercrime. Initially, it argues the challenges of cybercrime to traditional criminal justice systems. Subsequently, it focuses on the criminal law framework on cybercrime with a mainly European perspective. The European legal framework provides a three-path solution: the reduction of frictions among national legislations, the introduction of new investigative powers and the facilitation of international cooperation. The article presents and discusses each solution. Further, it argues that the effective implementation of the main legal instruments does not seem to depend on the legal enforceability of these international measures. Contrarily, other, non legal, factors such as national security, politics, the economy and the public opinion appear to stimulate the spontaneous implementation of the European legal framework. In this context, the added value of the EU action is rather low, although the Treaty of Lisbon and the Stockholm Programme may improve this situation in the long term.     

'Food for Thought': Reconciling European Risks and Traditional Ways of Life

The European Food Safety Authority marks a new stage in European Union governance. It has no direct regulatory powers, but is entrusted with developing norms of food safety, which are to inform the material content of EC food law. The hope is that its independence and expertise will restore popular confidence both in the EU and in the food we eat. The irreducible nature of lay-expert conflicts about hazard suggests that a more likely scenario is that such disputes become recast as opposition to EC law. Such conflict is most likely to manifest itself in national courts through challenges to or non-compliance with EC law. The current principles for resolution of such conflicts are hopelessly outmoded. The article, therefore, argues for a constitutional resettlement, which sets out principles germane to the nature of the EC regime, namely that of a multi-level regulatory State. It argues for a new defence of regulatory balance. Individuals could argue for the disapplication of EC norms where these violated a valued local regime which had given consideration to the issues raised in the EC legislation and whose positive value to its subjects exceeded its negative impact on the interests protected by the EC legislation.     

The enduring centrality of individual ministerial responsibility within the British constitution

Despite concerns regarding its practical utility the convention of individual ministerial responsibility remains central to any analysis of the British constitution. The convention forms the ‘buckle’ in the relationship between parliament and the executive. It is widely acknowledged that throughout the nineteenth and twentieth centuries the executive has gained the ascendancy in this relationship. Consequently, the enduring centrality of the convention rests not in its use by parliament as a tool with which to scrutinise the executive but, conversely, as a tool used by the executive to dismiss reform proposals that threaten its dominant position. This article reviews the way in which British government developed and particularly how this evolution gave primacy to a convention that contained mutually supportive yet contradictory strands. It then demonstrates the core argument of this article by examining two case studies ‐the introduction of freedom of information legislation and the incorporation of the European Convention on Human Rights. The article concludes by considering the wider implications of the continuing centrality of ministerial responsibility and the paradoxes and challenges it presents.     

Data retention in the UK: Pragmatic and proportionate,or a step too far?

On 6 April 2009 new legislation came into force, for the first time putting Internet service providers' duty to retain significant amounts of data (relating to customers' email and Internet usage) on a compulsory, as opposed to a voluntary footing. It is a topic which has provoked intense protest from the privacy lobby and fuelled months of “Big Brother” headlines in the press. For the industry it raises operational challenges – how to facilitate storage and retrieval of colossal amounts of data. In this article we consider the policy background to the regime, the detail of the UK implementation and the practical implications for communications service providers. We weigh up the privacy and human rights concerns against the business case put forward by the Government. We also examine the Government's proposals – announced at the end of April – to significantly extend and “future proof” this regime in the form of its Intercept Modernisation Programme.     

Using the Strategy Tripod to Understand Strategic Management in the “Evaluation-Friendly” Organizations of Cultural and Creative Industries

Abstract

This article provides a new conceptual framework based on the Strategy Tripod to understand challenges and orientation that affect performance evaluation in the organizations of cultural and creative industries (CCI). The analysis is built on a quantitative study carried out in Estonia. Multinomial logistic regression was performed to assess the ability of different variables to predict performance evaluation. The new conceptual framework provides a holistic understanding of the uncertain environment and its impact on strategic management in “evaluation-friendly” organizations in CCIs. It adds new insight into theoretical and managerial discussions on how and why strategic management in CCIs is practiced.     

The conference of European affairs committees: A collective voice for national parliaments in the European union

The role of national parliaments in the European Union has been the subject of intense debate in the last decade. The Maastricht and Amsterdam Treaties contained significant texts aimed at enhancing the role of national parliaments. Several major political figures in Europe have recently discussed the case for making the collective voice of national parliaments better heard and this issue is firmly on the ‘post‐Nice’ agenda.’ In parallel, an important debate has been running between the parliaments themselves about a collective role for national parliaments. Since 1989, a little‐known body has provided a forum for these debates. This article aims to set out the history of that body, and to highlight some of the issues surrounding an enhanced role for national parliaments.     

The politics of race and juvenile justice: The “due process revolution” and the conservative reaction

Through the prism of race, this article analyzes the social structural and political context of juvenile justice law reforms over the past half century. Throughout the 1950s and 1960s, the Supreme Court imposed national legal and equality norms on recalcitrant southern states that still adhered to a segregated Jim Crow legal regime, and these norms provided the impetus for the Supreme Court's juvenile court “due process” decisions in the 1960s. The article then analyzes sociological, criminological, racial factors, media coverage, and political dynamics of the 1970s and 1980s that contributed to the “get tough” legislative reformulation of juvenile justice policies in the 1990s. During this period, conservative Republican politicians pursued a “southern strategy,” used crime as a code word for race for electoral advantage, and advocated “get tough” policies, which led to punitive changes in juvenile justice laws and practices and have had a disproportionate impact on racial minorities.