Apprendre pour le futur: Une analyse de la politique climatique suisse

Cet article constitue une contribution à l'analyse des politiques publiques en Suisse. Concrètement et en appliquant une approche bi‐dimensionnelle, il explique l'output actuel de la politique climatique suisse en tenant compte des structures et préférences au sein de l'élite politique. Sur la base de l'Advocacy Coalition Framework, l'article étudie l'existence de coalitions, les rapports de force et les préférences politiques. d'une part, l'analyse de réseau encadre l'étude empirique des structures et relations au sein du réseau d'acteurs du processus de décision autour de la loi sur le CO2. D'autre part, l'analyse multicritère fournit une évaluation des systèmes de croyances de l'élite en se basant sur un algorithme mathématique sophistiqué. Cette combinaison méthodologique constitue la valeur ajoutée de ce travail et permet une conclusion plus complémentaire pour expliquer le choix des instruments climatiques actuels. Le but principal de cette contribution est ensuite de tirer des leçons pertinentes pour la formulation d'une politique climatique future qui suivra après 2010/2012.     

New Public Governance in the Baltic States: Flexible Administration and Rule Bending

Abstract

The New Public Governance approach advocates a more flexible and participatory public administration as means to higher efficiency and increased legitimacy. Increasing flexibility and thereby public employees’ discretion, however, may pose a risk to equality and impartiality, core values in democratic and rule-of-law societies. Using a survey among Baltic public employees, this article explores this risk. We ask whether public employees’ preferences for flexible rule application go hand in hand with acceptance of bending the rules, even if it means a breach of impartiality. We find that this is the case. We also find that contrary to what the New Public Governance approach expects, neither citizen participation nor generalized trust works as a control on rule bending. On a positive note, however, we find that control mechanisms associated with Weberian Public Administration lessen acceptance for bending the rules.     

On security of collateral in Danish mortgage finance: a formula of property rights,incentives and market mechanisms

Specialized mortgage intermediaries in Denmark have for over 200 years provided owners and buyers of real property wide access to credit. The present paper sets out to explore the safeguards that nurtured development of a robust, market based financing system and a deep mortgage market. Observations are made on the nature of collateral performance in respect to property rights, mortgage law and market development in search of general features of required institutional arrangements. The robustness of the Danish mortgage finance system is largely accredited to the securitization model based on the balance principle that assigns risks and responsibility to market players in a self-disciplinary manner and protected the mortgage banks against cash flow mismatches even during deep crisis, as history attests. It is shown how property registers and effective enforcement have created transparent property rights and practically reduced legal risks of mortgaging to zero. Standardization and scale of economics supported collateral efficiency, as measured in terms of simplicity, transparency, rapidity and costs. The Danish mortgage finance system illustrates the critical role of government in insuring the quality and enforceability of mortgage collateral, and reducing uncertainty for market players throughout the entire process. The paper suggests that sound incentive structures of the securitization model, strong commitment mechanisms and the market mechanisms constituted a complex formula of safeguards that—rather than specific capital coverage requirements—created the preconditions required for a well-functioning mortgage market.     

Engaging With Criminal Prosecution: The Victim's Perspective

Despite more than a decade of policies that encourage prosecutors to proceed without the victim's input or actions in cases of intimate partner violence (IPV), prosecutors still often rely on the victim's participation to move a case forward. The purpose of this study was to identify the barriers and motivators influencing female IPV victims' engagement with the criminal justice system and their preferences regarding prosecution. Findings from focus groups with women who had experienced police response to IPV revealed that women wanted the violence to end but faced numerous barriers to engaging with the criminal prosecution process. The dominant voice favored police and prosecutors taking action toward prosecution without depending solely or heavily on the victim's active participation.     

Having Your Cake and Eating It,Too: Can Regulatory Agencies Be Both Independent and Accountable?

Independent regulatory agencies (IRAs) were created in various sectors and on different governmental levels to implement liberalization policies. This paper investigates the link between IRAs' independence, which is said to promote regulatory credibility and the use of technical expertise, and their accountability, which is related to the need for controlling and legitimizing independent regulators. The literature on the regulatory state anticipates a positive relation between the independence and accountability of IRAs, but systematic empirical evidence is still lacking. To tackle this question, this paper measures and compares the independence and the accountability of IRAs in three differentially liberalized sectors in Switzerland (telecommunications, electricity and railways). With the application of Social Network Analysis, this piece of research shows that IRAs can be de facto independent and accountable at the same time, but the two features do not necessarily co‐evolve in the same direction.     

Environment,security and regionalism in the Asia-Pacific: is environmental security a useful concept?

From the very beginning the Association of Southeast Asian Nations (ASEAN) has been occupied with the task of finding common solutions to common security problems. To a large degree, one may say that security questions have been a driving force for continued regional integration in Southeast Asia. In the future questions of environmental security may be playing the same role. The states around the South China Sea are to a large degree interdependent when it comes to questions of the human environment. They are interdependent to the degree that if they fail to find common solutions to environmental problems they may end up in violent conflict against each other. In general, environmental interdependence is both a source of conflict and a potential for international integration. The direction of the development, i.e. whether it leads to conflict or not, is to a large degree a question of how the decision-makers perceive the situation. This paper addresses the usefulness of the concept ‘environmental security’ in relation to political perception of environmental interdependence in Southeast Asia. If the political actors address serious environmental problems as security matters they are more likely to put them at the top of the agenda and deal with them in satisfactory manners, i.e. to cooperate and find solutions that are acceptable to all parties involved.     

Transitions through Out-of-Keeping Acts

Within a negotiation, when an act by one party is out-of-keeping with the previous moves and underlying logic of the interaction, the act and those that follow hold the potential for creating a transition to a new logic of interaction. In this paper, we investigate the presence and role of seven distinct types of transitions resulting from out-of-keeping acts across ten complex legal negotiations. The data reveal that a critical feature differentiating across the types is the abruptness/gradualness of the transition. We explore the combination of relational, informational, and procedural acts comprising the transitions and find that all three components are present across transitions, but in different proportions and orders. Understanding the role of out-of-keeping acts in negotiations facilitates a more complete picture of the microprocesses involved in the creation of critical moments in negotiations.     

Representative Government and Network Governance – In Need of 'Co-governance': Lessons from Local Decision Making on Public Schools in Denmark

The article argues for the importance of reconciling the institutions of representative government and network governance by means of a combined structure of 'co-governance', and the need for elected politicians in a role as co-governing guardians of democracy in network governance. Based on an examination of two different cases of interactive governance within the field of school reform at the local level in Denmark, some lessons are drawn as to an appropriate new role for elected politicians in a structure of co-governance.