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The question to what extent amnesties and pardons may bar criminalinvestigations or prosecutions under the Statute of the InternationalCriminal Court (the Statute) has been left unresolved by theRome process. This essay seeks to develop some general guidelinesthat may help the Court to address this problem, should it arisein a specific case. It suggests four basic principles to dealwith the issue of amnesties and pardons: (i) the Court has interpretativeautonomy to decide whether an amnesty or a pardon is permissibleunder the Statute; (ii) exemptions from criminal responsibilityfor the core crimes within the jurisdiction of the Court byamnesties or pardons should generally be considered incompatiblewith the Statute; (iii) prosecution by states and by the Courtmay be limited to the most serious crimes and the most responsibleperpetrators (targeted prosecution); (iv) amnesties or pardonsshould, if it all, only be permitted in exceptional cases, namelywhere they are conditional and accompanied by alternative formsof justice. 相似文献
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本文比较和分析了丹麦和瑞典对公共服务实行竞争性外包的道路。人们通常认为 ,这两个国家不存在或者只有少量的外包现象。但事实正好相反 ,这两个国家都有很长的将公共服务外包出去的历史 ,而且自从 2 0世纪 80年代就开始争论和执行竞争性外包政策了。 相似文献
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This paper compares radical agricultural policy reforms in Sweden and New Zealand in the 1980s and 1990s to establish which factors bring about such types of policy reforms. Ruling out a number of alternative explanations for reform found in the public policy and political economy literature, we focus on the role of reform strategies. We show that the redefinition of agricultural policy – from a matter of finding the balance between budgetary costs and farmers' income to considering agricultural policy as part of macroeconomic policies – was important, particularly in Sweden. Change of policy venue is the other reform strategy identified, which was crucial to the successful introduction of the reform. In both countries, ministers of finance deliberately shifted agricultural policymaking to arenas in which they were able to control the reform process. 相似文献
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Debating Food Security Policy in Two Different Ideational Settings: A Comparison of Australia and Norway 下载免费PDF全文
Food security has emerged as a relatively new policy issue in agricultural policy making in developed countries. This policy problem is addressed within an institutional landscape in which agricultural ideas and institutions are well‐established. In this article, food security policy making in Australia and Norway is compared. In Australia, agricultural normalism (agricultural markets and production are considered to be similar to those of other economic sectors) has been dominant since the mid‐1980s, while Norwegian agricultural policy making has been dominated by agricultural exceptionalism (agriculture is considered a unique economic sector with special market and production conditions). It is demonstrated in the article how these two opposing institutionalised ideational foundations have influenced the nature of the food security debate in the two countries. In Australia, the debate emphasises the positive role of the market and trade in providing global food security. In Norway, the debate highlights the need to regulate market forces and restrict trade in order to allow countries to develop their own agricultural sectors. 相似文献
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Public–private partnerships are enjoying a global resurgence in popularity, but there is still much confusion around notions of partnership, what can be learned from our history with partnerships, and what is new about the partnership forms that are in vogue today. Looking at one particular family of public–private partnerships, the long-term infrastructure contract, this article argues that evaluations thus far point to contradictory results regarding their effectiveness. Despite their continuing popularity with governments, greater care is needed to strengthen future evaluations and conduct such assessments away from the policy cheerleaders. 相似文献
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Carsten A. Holz 《当代中国》2002,11(32):515-538
China's industrial state-owned enterprises (SOEs) have seen a secular decline in profitability throughout the reform period. Barry Naughton argues that this decline was in large part due to a decline in monopoly rents as competition with enterprises in other ownership forms increased. Fan Gang and Woo Wing-Thye, on the other hand, contend that profitability declined across all sectors independent of the degree of competition, and that excessive labor remuneration accounts for the broad decline in SOE profitability. Testing the two hypotheses with aggregate sectoral and provincial data from the mid-1980s to the late-1990s, neither appears convincing. Yet at closer inspection these are not competing hypotheses. The two causes affect overall profitability through different channels. Competition and labor remuneration have a highly significant impact on intermediate profitability measures that take the two channels into account separately. Together they explain most of the variation in overall profitability. 相似文献
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