Kostentragung im öffentlichen Recht de lege lata et ferenda

Der Grundsatz des § 74 Abs 1 AVG, wonach jeder Beteiligte die ihm im Verwaltungsverfahren erwachsenden Kosten selbst zu bestreiten hat, führt in modernen verwaltungsbeh?rdlichen Verfahren nicht selten zu unbilligen Ergebnissen. Desgleichen haften den Regelungen über den Ersatz von Kosten verfassungsgerichtlicher und verwaltungsgerichtlicher Verfahren Defizite an. Ausgehend von diesem Befund untersucht der Beitrag die Leistungsf?higkeit der geltenden Kostentragungsregelungen, zeigt Spannungsverh?ltnisse zu verfassungsrechtlichen und unionsrechtlichen Vorgaben und Reformbedarf auf und mündet schlie?lich in den Vorschlag einer Neukonzeption des Kostentragungssystems im ?ffentlichen Recht.     

The illicit arms trade: Cold War and Post-Cold War

This article considers the principal changes that haveoccurred in the illicit arms trade across the Cold Warand post-Cold War periods. It discusses the changednature of demand and the sources and means ofillicitly supplying arms to areas of conflict. Througha number of case studies it highlights the declininguse of illicit arms supply as a foreign policy tool,and the extent to which involvement in the trade isnow determined more by profit than policyconsiderations, with all the implications thesechanges have for control initiatives.     

Deciding to Keep Peace: An Analysis of International Influences on the Establishment of Third-Party Peacekeeping Missions

Since the end of World War II, and particularly since the end of the Cold War, there has been an expansion in the number of third-party peacekeeping missions established throughout the world. Most of the expansion in peacekeeping missions in the past decade or so has occurred in states experiencing intrastate or civil conflicts. The questions addressed in this study are under what conditions do third-party actors either decide to establish or decide not to establish peacekeeping missions in intrastate disputes, and specifically, what effect do international-level factors have on the likelihood that third-party peacekeeping personnel will be deployed in an intrastate dispute? The previous literature on third-party peacekeeping and interventions is used to derive a set of theoretical arguments and hypotheses regarding the establishment of peacekeeping missions by third-party actors (the United Nations, regional organizations, and ad hoc groups of states) during the post-World War II period. Specifically, I argue that several factors originating at the level of the international system influence the occurrence of third-party peacekeeping missions. The results of statistical analyses of the hypotheses largely support the notion that a set of international-level factors significantly influences the decisions of third-party actors to establish or not establish third-party peacekeeping missions, that international-level factors are more important than state-level factors, that these factors often have different effects on the likelihood of different types of third-party peacekeeping.     

Old master paintings,export veto and price formation: an empirical study

In this paper, we focus on the institutional setting where Old Masters’Paintings (OMP) markets transactions are carried. We develop a preliminary attempt to embody legal provisions in econometric, hedonic pricing models. We consider a particular regulation applicable only in Italy, the “export veto” for art objects that are particularly relevant for the national cultural patrimony. We proxy such legal provision in order to include it in the statistical analysis and to check whether it affects the OMP price differentials between pre-auction estimated price and post-auction hammer price. Preliminary results show that the price differential is affected by the legal variable, therefore suggesting that the country’s institutional framework plays an important role in price dynamics.     

Distributed Generation of Electricity: The Role of Academic Research and Advice in California’s “Clean DG” Policy Network

Deregulation and the combined threats of energy crises and global warming concern nations around the world, yet these issues continue to be addressed more directly by domestic regulatory systems than by international institutions. The present analyses of the integration of distributed sources of power generation (DG) into California’s electric utility system suggests that domestic environmental dilemmas with international repercussions provide an obvious entrée for global environmental policy specialists into the practice of environmental policy-making and law. Here I review current scholarship on policy networks that illuminates the contributions that technical and policy experts can make to such networks surrounding environmental issues. I then introduce the key members of California’s “clean DG” policy network that emphasizes the role of academic experts in this influential political system, and discuss how my own research has impacted the development of the state’s DG policy. I conclude that scholars are well positioned to observe and engage domestic and international environmental policy networks, and thereby also to influence environmental politics and law.     

Does Intimate Partner Violence Epidemiology Differ Between Homes With and Without Children? A Population-Based Study of Annual Prevalence and Associated Risk Factors

We sought to determine whether intimate partner violence (IPV) risk factors differed depending upon the presence of children in the home, and to estimate the annual prevalence of IPV first in the general population and then in homes with and without children. We analyzed data from a cross-sectional random sample of 6,836 women in southeastern Pennsylvania interviewed by telephone in 2004. The magnitude of association between IPV and risk factors varied between homes with and without children for women’s alcohol problems (with children, odds ratio (OR) 7.7; 95% confidence interval (CI) 2.9, 20.9; without children, OR 2.4; 95% CI 0.9, 6.0), and mental health problems (with children, OR 4.0; 95% CI 1.8, 8.9; without children, OR 3.0; 95% CI 1.6, 5.7). Poverty was significantly associated with IPV only in homes without children (OR 3.6; 95% CI 1.9, 7.2). Annual IPV prevalence was 1.2% overall, 1.4% in homes with children, and 1.1% in homes without children. One in 63 children lived in a home with IPV. Differences in IPV risk factors in homes with and without children suggest distinct underlying IPV mechanisms or consequences in these contexts.