The EU ‘Stress Tests’: The Basis for a New Regulatory Framework for Nuclear Safety

Among the constitutional tensions at the heart of the European integration process, the relationship between ‘mainstream’ EU Law (framed by the Treaty on European Union) and Euratom Law has often been overlooked. Nonetheless, the EU's response to the nuclear power plant accident in Fukushima provides an opportunity to revisit this relationship. This article specifically aims to highlight the dysfunctions of the prevailing understanding of the Euratom's provisions on nuclear safety matters as well as to identify, under a joint interpretation of all EU Treaties, how to develop a European nuclear safety regime that reinforces the compensatory role of EU law and contributes to enhance the EU's legitimacy.     

Small island developing states and international climate change negotiations: the power of moral “leadership”

Being at the frontline of climate change, small island developing states (SIDS) hold a serious stake in climate negotiations. However, these countries usually are marginalized in the international political arena, due to their lack of structural power. This paper explores the strategic influence of SIDS and its representative organization, the Alliance of Small Island States, in the negotiations leading to the Copenhagen summit of December 2009. Using the concepts of leadership and discourses, the position, strategies, and impact of SIDS are analyzed on negotiation processes and their final outcome, focusing on three core demands of small island countries at Copenhagen: a temperature rise limit of 1.5 °C above preindustrial levels, funding for adaptation, and a legally binding outcome. Results reveal that SIDS practiced entrepreneurial, intellectual, and environmental leadership strategies and especially made use of moral claims in the debate. Given their near absence of structural power, they managed to secure a surprisingly large part of “their” agenda and interests in the final Copenhagen Accord, especially through (discourse) coalitions with various other state and non-state stakeholders.     

Language-bound terms—term-bound languages: the difficulties of translating a national civil code into a lingua franca

The present paper—taking the example of the English translation of the Hungarian Civil Code of 2013—aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods (functional equivalence, paraphrasing and neologism) could be applied; moreover, how a kind of legal-linguistic checks-and-balances can be achieved through the well-dosed combination, having also the ratio of similarities to differences (SD-ratio or SD-relationship) of legal concepts behind the respective terms in mind. Legal translators must act beyond the role of a simple translator: they must be comparatists, being aware of the legal origin of the relevant concepts and using the methods of comparative private law and translation studies at the same time, since both law and language are system-bound and are heavily influenced by the cultural and social environment. The authors strive to identify the significance of those problems (and possible solutions) from the perspective of how language-related aspects can perform some fine-tuning on the comparative methodology and findings, whether they are barriers only or provide also an opportunity to verify or refute prima facie comparative results. Comparative law—no doubt—supports legal translation, but their relationship is reciprocal: legal-linguistic subjects and problems emerging in the course of legal translation supply valuable feedback and further sources of inspiration.

     

Municipal Governance,Environmental Management and Disaster Risk Reduction in Chile

Given the vulnerability of Latin American countries to extreme events of climatic and geophysical origin and the frequency of these events, how do local governments manage environmental and disaster risk reduction? This article contributes to the Latin American literature about environmental management and disaster risk reduction at the local level. Employing a comparative perspective, the article examines and explains the responses of Chilean municipalities and the role of municipal commitments and social capital.     

No Common Ground: A Spatial-Relational Analysis of EU-China Relations

Journal of Chinese Political Science - It is no secret that EU member states cannot come to terms on a unified China-policy. Most studies on EU-China relations come to the conclusion that...     

DECOMPOSING THE PEER EFFECT ON ADOLESCENT SUBSTANCE USE: MEDIATION,NONLINEARITY, AND DIFFERENTIAL NONLINEARITY*

Although the correlation between peer delinquency and delinquency is one of the most consistently demonstrated findings in delinquency research, researchers have focused primarily on the direct, linear, and additive effects of peers in statistical models, rather than on empirically modeling mediating, nonlinear, and moderating processes that are specified by theory. To address these issues, we measure respondent delinquency and peer delinquency with illegal substance use and then decompose the effect of peer substance use on self‐reported substance use. Logistic hierarchical models on a sample of adolescents from the Project on Human Development in Chicago Neighborhoods (PHDCN) indicate that the effect of peer substance use on self‐reported substance use is partially mediated by perceptions of the health risks of substance use. In addition, the direct statistical effect of peers is nonlinear: On average, the peer effect decreases at higher values of peer substance use, which is consistent with a “saturation” effect. We also find that the functional form of the peer substance use/substance use relationship is dependent on the neighborhood context. In neighborhoods with more opportunities for crime, the peer effect is initially strong but decreases as peer substance use increases, which is consistent with a saturation effect. Conversely, in neighborhoods with fewer opportunities for crime, the effect of peers is initially small, but as delinquent peer associations increase, the peer effect increases multiplicatively.     

WHY DO LOCAL GOVERNMENTS PRIVATIZE THE PROVISION OF WATER SERVICES? EMPIRICAL EVIDENCE FROM SPAIN

Why do some local governments privatize water services, while others opt for public management? Economic literature has been unable to demonstrate that private management is more efficient than public management, so there must be other reasons that lead governments to privatize the service. But what are they? This paper presents the results of a study that analyses the factors behind the privatization of water services with data from 741 municipalities located in the South of Spain over a period dating from 1985 to 2006. A discrete choice model analyses the influence of each factor on the likelihood of privatization. One of the novelties of this paper is that we take the value of the explanatory variables at the time when water services are privatized. Among our findings, it is worth highlighting the importance of the size of municipalities, their financial burden and the neighbouring effect.