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941.
Then newly elected Labor Prime Minister, Kevin Rudd, made a historic statement of “Sorry” for past injustices to Australian
Indigenous peoples at the opening of the 2008 federal parliament. In the long-standing absence of a constitutional ‘foundational
principle’ to shape positive federal initiatives in this context, there has been speculation that the emphatic Sorry Statement
may presage formal constitutional recognition. The debate is long overdue in a nation that only overturned the legal fiction
of terra nullius and recognised native title to lan with the High Court’s decision in Mabo in 1992. This article explores
the implications of the Sorry Statement in the context of reparations for the generations removed from their families under
assimilation policies (known since the Bringing Them Home Inquiry as the Stolen Generations). We draw out the utility of recent human rights statutes—such as the Human Rights Act 2004 (ACT)—as a mechanism for facilitating justice, including compensation for past wrongs. Our primary concern here is whether
existing legal processes in Australia hold further capacity to provide reparation for Australian Indigenous peoples or whether
their potential in that regard is already exhausted. We compare common law and statutory developments in other international
jurisdictions, such as Canada, as an indication of what can be achieved by the law to facilitate better legal, economic and
social outcomes for Indigenous peoples. The year 2008 also saw Canadian Prime Minister Stephen Harper express his apology
to residential school victims in the Canadian Parliament, providing thematic and symbolic echoes across these two former colonies,
which, despite remaining under the British monarchy, both forge their own path into the future, while confronting their own
unique colonial past. We suggest that the momentum provided by the recent public apology and statement of “Sorry” by the newly
elected Australian Prime Minister must not be lost. This symbolic utterance as a first act of the 2008 parliamentary year
stood in stark contrast to the long-standing recalcitrance of the former Prime Minister John Howard on the matter of a formal
apology. Rather than a return to a law enforcement-inspired “three strikes and you’re out” approach, Australia stands poised
for an overdue constitutional and human rights-inspired “three ‘sorries’ and you’re in”. 相似文献
942.
Mark A. Pollack Emilie M. Hafner-Burton 《The Review of International Organizations》2010,5(3):285-313
International organizations (IOs) have moved increasingly in recent years to adopt cross-cutting mandates that require the
“mainstreaming” of particular issues, such as gender equality or environmental protection, across all IO policies. Successful
IO performance with respect to such mandates, we hypothesize, is determined in large part by the use of hard or soft institutional
measures to shape the incentives of sectoral officials whose cooperation is required for successful implementation. We test
this hypothesis with respect to two such mandates—gender mainstreaming and environmental policy integration—in a single international
organization, the European Union, demonstrating a strong causal link between the use of hard incentives and IO performance
in these and related mandates. 相似文献
943.
944.
Toshiaki Tamaki 《Asia Europe Journal》2010,8(3):347-358
In early modern times, the Netherlands imported grain from the Baltic, especially Poland, and re-exported it elsewhere in
Europe. The Dutch shipping industry was extremely profitable, for transport costs were very high, and the number of Dutch
ships was by far the largest among the European countries. Dutch prosperity was based on shipping of grain from the Baltic.
Amsterdam was also a center of information because it was a port at which many ships stayed, and which attracted various merchants
owing to its policy of religious tolerance. Much commercial information and know-how were accumulated in and spread from Amsterdam
which contributed to the growth of the regional European economy from the Baltic because many merchants migrated to Northern
Europe via the city, bringing with them the latest commercial techniques. Amsterdam therefore served as a core of Baltic integration
in the early modern period, for it was a center of shipping and information. 相似文献
945.
946.
Robert L. Brown 《The Review of International Organizations》2010,5(2):141-175
Principal-agent analyses of delegation to international organizations have advanced our understanding of international cooperation
through institutions. However, broader tests of why and when states delegate are not possible without a clear means for objectively
identifying and measuring delegation. This paper develops a metric for delegation based upon the services the agent provides
to its principals and the resources and autonomy it has to provide those services. This numerical metric is continuous and
generalizable to a wide variety of principal-agent relationships. This paper then demonstrates the face validity of the measure
with case studies of delegation to the International Atomic Energy Agency (IAEA) and the International Monetary Fund (IMF).
The paper concludes with a test of Realist and Institutionalist hypotheses for cooperation using the delegation metric, demonstrating
the complexity of the underlying reasons we observe delegation. 相似文献
947.
948.
Johannes Urpelainen 《The Review of International Organizations》2010,5(4):475-496
Market instruments, such as emissions trading or pollution taxes, are less costly than “command and control” regulation. Yet
technological standards are common in international environmental agreements and now figure prominently among proposals to
mitigate global warming. I show that technological standards can be combined with market instruments to create collective
enforcement power. They allow states to internationally enforce technology installation, so the payoff to free riding decreases.
A notable feature of the argument is that technological standards and market instruments are complements, while previous research
has treated them as substitutes. Empirically, technological standards are most valuable if international cooperation is difficult
to enforce and the rate of technological change in concerned industries is slow. 相似文献
949.
Patrick Hein 《East Asia》2010,27(3):289-311
It is argued that parliamentary legislation in Japan has become the almost exclusive playing field of the bureaucracy, who
acts on behalf of the executive, and party councils. Moreover bureaucrats bypass the legislative Diet process by making rules
themselves. This is problematic because it is the lawmakers who are directly held accountable by voters for the enacted legislation
risking to be eventually voted out of office. It is suggested that under the given circumstances of strict party discipline,
drafting of bills by the bureaucracy and endorsement by party councils, the formal majority rule alone is not sufficient to
justify legislative outcomes. The legitimacy factor is introduced to verify in how far individual lawmakers are enabled to
initiate and draft floor bills by themselves, discuss bill contents in plenary deliberations and get the public opinion involved.
The article attempts to demonstrate that bipartisan floor bills reflect the quest for parliamentary legitimacy and equality
among lawmakers across party boundaries. It is suggested that the more legislators participate in drafting and discussing
a bill the more legitimate the outcome becomes. The paper screens to this effect several bipartisan bills submitted to the
Diet of Japan. Bills such as the NPO law, the law to ratify the Rome Statute for the accession to the ICC, the law to prevent
suicide and the law to implement internet filters to protect children are the result of cooperation among lawmakers trying
to constrain the interference of the executive or of the powerful bureaucracy. The participation of non-parliamentary agents
taking an active part in the legislative process has enhanced the dynamics of representative democracy as well. In the decades
of radical ideological confrontation in the 1950s, 60s, and 70s the majority rule risked to become an instrument of coercion.
The opposition was compelled to resort to anti-parliamentary obstructionist tactics to derail majority legislation that was
rammed through parliament without sufficient plenary deliberation and without taking into account the concerns or viewpoints
of the minority. Obstructionism decreased with the LDP co-optation of opposition parties to government responsibility in the
1990s. Opposition for the sake of opposition (communists, DPJ until 2006) and governing for the sake of governing (SDPJ, Komei)
have not been honored by the voters. After 2007 the DPJ started to refocus its policies more on ideological differentiation
and managed to beat the LDP in the 2009 elections. Recently the work of the Diet has been increasingly put under the scrutiny
of international NGOs and legislatures abroad. The unresolved controversial comfort women issue suggests that omission to
pass appropriate and timely reconciliatory legislation can cause a serious loss of parliamentary institutional esteem and
respect. 相似文献
950.
Renaud Egreteau 《East Asia》2010,27(1):15-33
Since the 1990 imposition of an arms embargo, the European Union has kept on furthering its sanction policies towards Burma’s
military regime in response to its poor record on human rights and authoritarian rule over the country. However, more than
a decade after the 1996 EU Common Position on Burma, the European approach to the Burmese conundrum has still failed to achieve
its initial objective of facilitating a transition to democracy and of stimulating aid and development in the country. This
article seeks to underline the limits of the EU position by highlighting the internal and external obstacles the Europeans
have been facing in their policymaking process towards Burma. It is argued that the varied and multiple interests of the 27
EU members; an influential European public opinion favouring an attitude of ostracism; and misunderstandings or miscalculations
in appreciating the current state of Burmese affairs have hindered the EU from playing an efficacious role. Moreover these
factors also impede its reappraisal. 相似文献