Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

The (im)possibility of trade marks being incognito (Netherlands)

In the battle to curry the favour of the fast-food consumer,McDonald's collided head on with its competitor Burger Kingat the beginning of this year; the key question in this disputewas whether Burger King was entitled to use the famous characterRonald McDonald in its commercials or whether, by doing so,Burger King was infringing the trade mark rights of McDonald's.     

Europäische Integration,Modernisierung und Konvergenz

Modernisierung und Konvergenz ihrer Mitgliedsländer ist das sozio?konomische Zwillingsziel der Europäischen Union. Doch inwieweit kann die EU diese Prozesse überhaupt steuern? Dies wird in diesem Artikel für den Zeitraum 1970 bis 2000 empirisch untersucht und mit der Frage nach Mechanismen und Grenzen einer EU-induzierten Angleichung verbunden. Die EU-Gesellschaften sind durch einen Großtrend der Modernisierung aller Mitgliedsländer und einen Subtrend der nachholenden Modernisierung der leistungsschwächeren Länder gekennzeichnet. Es überwiegt die Konvergenz, bei vereinzelten Divergenzen und ?neuen Unterschieden“ im Zuge neuartiger Anpassungsprobleme. In weiten Teilen folgen Modernisierung und Konvergenz einer eigenen, integrationsunabhängigen Logik, doch werden beide durch die europäische Integration unterstützt. Die EU-Mitgliedschaft wirkt über die Mechanismen Ressourcendistribution, Konkurrenz, Regulation und Imitation vor allem für die Nachzügler modernisierungsfördernd und verstärkt dadurch die Konvergenz. Zugleich gibt es Grenzen einer EU-induzierten Angleichung.     

'Designing Better Health Care in the South': A Case Study of Unsuccessful Transformational Change in Public Sector Health Service Reform

This article presents a case study of a project known as 'Designing Better Health Care in the South' that attempted to transform four separately incorporated health services in southern Adelaide into a single regional health service. The project's efforts are examined using Kotter's (1996) model of the preconditions for transformational change in organisations and the areas in which it met or failed to meet these preconditions are analysed, using results from an evaluation that was commenced during the course of the attempted reform. The article provides valuable insights into an attempted major change by four public sector health organisations and the facilitators and barriers to such change. It also examines the way in which forces beyond the control of individual public sector agencies can significantly impact on attempts to implement organisational change in response to an identified need. This case study offers a rare glimpse into the micro detail of health care reform processes that are so widespread in contemporary health services but which are rarely systematically evaluated.     

Policy and power: A conceptual framework between the ‘old’ and ‘new’ policy idioms

During the last few decades, both policy practices and policy idioms have drastically changed. Concepts such as interactive planning, network management, stakeholder dialogue, deliberative democracy, policy discourses, governance, etc. have replaced older ones such as public administration, policy programmes, interest groups, institutions, power, and the like. Although we recognise the relevance and importance of this shift in vocabulary, we also regret related ‘losses’. We particularly regret that the concept of power has – in our view – become an ‘endangered species’ in the field of public policy analysis. We therefore will develop a framework to analyse power – being a multi-layered concept – in policy practices in this article. We will do so on the basis of the so-called policy arrangement approach, which combines elements of the old and new policy vocabularies. In addition, we draw upon different power theories in developing our argument and model. As a result, we hope to combine the best of two worlds, of the ‘old’ and the ‘new’ idioms in policy studies, and to achieve our two aims: to bring back in the concept of power in current policy analysis and to expand the policy arrangement approach from a power perspective.     

Finland

European Journal of Political Research -     

From Cash to Accrual Budgeting and Accounting in the Public Sector: The Dutch Experience

Traditionally, governments used to deploy input‐based budgeting systems and cash‐based accounting systems. However, these systems do not provide the information that is necessary for a government to operate efficiently and effectively. Therefore, a growing number of countries have already shifted or are planning to shift from cash‐based to some form of accrual accounting in the public sector. Usually, the implementation of some accrual‐based system is linked to wider financial management reforms including performance management requiring information on cost. This paper focuses on the Dutch experience with the shift from cash‐based accounting and budgeting systems to an accrual‐based system.     

Attitudes towards German Immigration in South Australia in the post-Second World War Period, 1947-60

Considering the reaction against Germans in Australia during and after the First World War, it is surprising that German immigration to Australia was permitted again soon after the Second World War and even subsidised by the Australian government. Just seven years after the second war fought with Germany within a generation, Australia signed a five-year agreement to permit Germans to immigrate. This article examines the extent of the Australian public's acceptance of this policy during the period from 1947 to 1960. It concentrates on the state of South Australia where some of the earliest settlers in the colony had been of German origin, where their behaviour and achievements had been praised in historical writings about the colony, and where German immigrants may, therefore, have been viewed more positively. Yet there was some suspicion towards and discrimination against Germans in South Australia after 1945. Negative stereotypes of Germans were apparent in comments made by politicians and in press reports. However, these fears were minor and faded even further when more Germans arrived in Australia.