Political strategies of large companies and their significance for the implementation of the European single electricity market: the examples of France and Germany

Electricity supply in the European member states has been a closed national public sector service without competition for a long time. Currently, the European electricity industry is subject to radical change resulting from the European directive establishing common rules for the internal market in electricity, which came into force in 1997. This paper attempts to explain the varying forms of implementation of the internal electricity market in France and Germany. First, it clarifies the special characteristics of electricity supply and European electricity policy. Secondly, the paper shows the divergent sectoral arrangements of the French and German electricity industries. Thirdly, it points out that the different degrees of linkage between the public players and the electricity companies in France and Germany produce different political strategies which are followed by the companies at the European level, especially those strategies which seek direct influence on the European Commission. Finally, the paper reveals the significance of these strategies in Brussels in terms of the implementation of the single electricity market in both member states. Copyright © 2003 Henry Stewart Publications     

Animal Scavenging and Scattering and the Implications for Documenting the Deaths of Undocumented Border Crossers in the Sonoran Desert,

Since 1998, over 5500 people have died while attempting to cross the U.S.–Mexico border without authorization. These deaths have primarily occured in the Arizona desert. Despite the high volume of deaths, little experimental work has been conducted on Sonoran Desert taphonomy. In this study, pig carcasses were used as proxies for human remains and placed in different depositional contexts (i.e., direct sunlight and shade) that replicate typical sites of migrant death. Decomposition was documented through daily site visits, motion-sensitive cameras and GIS mapping, while skeletal preservation was investigated through the collection of the remains and subsequent faunal analysis. Our results suggest that vultures and domestic dogs are underappreciated members of the Sonoran scavenging guild and may disperse skeletal remains and migrant possessions over 25 m from the site of death. The impact of scavengers and the desert environment on the decomposition process has significant implications for estimating death rates and identifying human remains along the Arizona/Mexico border.     

Von Nähe und Sicherheit: Die Artikel-Verordnung nach §§26, 27 Standortauswahlgesetz – Sicherheitsanforderungen,Dogmatik, Öffentlichkeitsbeteiligung

Natur und Recht - Die Standortsuche für ein Endlager ist neu angelaufen. Für die Auswahl von günstigen Teilgebieten wurden Sicherheitskriterien auf Geodaten angewendet. Regelungen zu...     

Corporate governance in Germany: The changing role of the banks

The article analyses the different channels ‐ industrial stakes, supervisory board mandates, proxy voting ‐ by which German banks can exert influence on industrial companies. The central thesis is that even where the banks have such influence they do not dominate the companies. A recent empirical study on the effects of the alleged bank dominance over industrial companies with detrimental effects on their performance is shown to contain major methodological mistakes. The relationship between banks and industry is undergoing some distinct changes. Banks have substantially reduced their industrial stakes as well as their representation on supervisory boards, which underlines that they are not striving for industrial leadership. Despite a clear trend in the German corporate sector to pay increasing attention to shareholder value and to provide more transparency in accounting, it seems premature to expect the German capital market, including the corporate governance system, to incorporate fully the Anglo‐Saxon model in the immediate future.     

War Crimes Prosecution in Bosnia and Herzegovina (1992-2002): An Analysis through the Jurisprudence of the Human Rights Chamber

The authors examine the efforts to bring persons suspected ofwar crimes committed during the 1992–1995 war in Bosniaand Herzegovina (BiH) to justice before the national judiciary.The analysis is based on the case law of the Human Rights Chamberfor BiH, which from 1996–2003 was the highest court competentto adjudicate violations of human rights in post-war BiH. TheChamber heard complaints linked to war-time atrocities fromtwo main perspectives: (i) that of persons put on trial forwar crimes and (ii) the perspective of the relatives of war-crimesvictims complaining about the failure to investigate and prosecute.The Chamber cases establish that (a) the few prosecutions whichtook place were nearly exclusively directed against suspectsbelonging to the war-time adversary, (b) the authorities failedto comply with the Rules of the Road (a procedure put in placeto enable the International Criminal Tribunal for the formerYugoslavia (ICTY) to supervise Bosnian war-crimes prosecutions)and (c) suspects were often severely ill-treated to extort confessionsand denied a fair trial. The rule, however, was the lack ofany investigatory or prosecutorial action, with the exceptionof the so-called ‘ethnically mixed’ Cantons of theFederation of BiH, where proceedings were sometimes initiatedbut failed to yield an appreciable outcome. The authors discussthree reasons for the poor record: (i) ethnic bias among theauthorities, (ii) disempowerment and passivity of the victimsand (iii) failure to enact legislation that would give effectto and clarify the BiH side of the obligation to exercise jurisdictionconcurrently with the ICTY. They finally set forth some suggestionson lessons to be learned for future attempts to bring justiceto a war-torn society by the concurrent exercise of criminaljurisdiction by an international court and the judiciary ofthe country in transition.     

A Comparison of Retained and Appointed Counsel in Cases of Capital Murder

We examined the role of counsel as a source of arbitrary and capricious sentencing in cases of capital murder. The method is a reanalysis of the data of Baldus, Woodworth, & Pulaski (1990) on 606 cases of capital murder in Georgia in the 1970s. Controlling for variables describing the character of the defendant and the circumstances of the crime, a death sentence was more likely when defense counsel was appointed rather than retained privately. This was a consequence primarily of the prosecutor's decision to seek a death sentence rather than jury bias in sentencing. Our data support the conclusion that sentencing under the Georgia statute was in the 1970s, and is today to some degree, arbitrary and capricious.