Phasing out nuclear energy in Germany

The German Red‐Green government decided to phase out all nuclear power stations and stop the reprocessing of German nuclear fuel in Britain and France. The coalition agreement between the Greens and SPD set out a well‐defined timetable for the implementation of this policy, involving new legislation within the first 100 days and the negotiation of a consensus with the electricity utilities to be achieved within 12 months. While these deadlines passed without political results, an agreement between the government and the nuclear utilities was reached in mid‐June 2000. This analysis of the genesis and development of the policy of phasing out nuclear power focuses in particular on the difficulties of the Green Environment Minister, Jürgen Trittin, to put the anti‐nuclear policies of his party into practice. It is argued that the Greens faced a ‘no win’ situation in their attempt to design a constitutionally and politically viable phasing out policy. The party remains caught in the middle between the radical anti‐nuclear movement that continues its protest against all nuclear operations and an intransigent electricity industry fighting for its commercial self‐interest to keep nuclear stations running as long as possible. A range of theoretical approaches that could help the understanding of these processes is discussed, with an ‘advocacy coalition’ approach appearing to be the most promising option.     

Germany in Europe: return of the nightmare or towards an engaged Germany in a new Europe?

Especially since (re-)unification, perceptions of Germany alternate between the fear of the return of the German hegemon and – at the same time – the diametrically opposed call for more German leadership based on Germany's outstanding pro-European engagement. Nonetheless, Germany's foreign policy has changed little since 1989: it is still cautious rather than assertive. Due to Germany's experience with the two world wars, German foreign policy places great value on the enlargement as well as the deepening of the EU. In sum, Germany can best be characterised as a normal and engaged European state.     

UNWCC Policy on the Prosecution of Torture 1943–1948

This article provides a cursory overview of the development of torture as a war crime and/or a crime against humanity. While torture may at one time have been an accepted method of interrogation and punishment, matters changed in the late nineteenth century and early twentieth century. After presenting the approaches to torture common before World War II, the article focuses on the United Nations War Crimes Commission’s (UNWCC) internal debates on the crime, as well as it’s scrutiny of the national war crimes prosecution programmes of its members. As torture was, however, not at the core of UNWCC’s discussions, the author calls for further comparative research on the legacy of the UNWCC, particularly in the records of national authorities which were responsible for the prosecution of war crimes following World War II.     

A Crime Against Humanity

The German Red-Green coalition has declared unlimited solidarity with the US government in its response to the attack on the World Trade Center in New York City. Yet, very few questions have been raised by the mainstream media, and any 'inopportune' comments that have worked their way into the press, questioning the legitimacy of the response, have been declared scandalous. This article argues that the time may have come to deal with long-term developments and potential consequences of today's politics and policies and perhaps it may even be possible for us to begin to understand what is going on--a possibility that should not be ignored out of an archaic thirst for revenge.     

Simultaneous and Sequential Anticommons

This paper defines a framework for anticommons analysis based on the fragmentation of property rights. In differentiating between sequential and simultaneous cases of property fragmentation, we describe and assess the equilibria obtained under each scenario. Our model reveals how the private incentives of excluders do not capture the external effects of their decisions. Moreover, our model suggests that the result of underutilization of joint property increases monotonically in both (a) the extent of fragmentation; and (b) the foregone synergies and complementarities between the property fragments. Within this context, we can therefore explore important implications for possible institutional responses to a range of issues raised by the concept of property fragmentation.     

Justifying the Lindahl solution as an outcome of fair cooperation

The motivation for the Lindahl equilibrium is mostly a rather artificial price mechanism. Even though the analogy to a competitive market was emphasised by Lindahl himself, his approach does not directly explain the normative ideas behind his concept. In the present paper we therefore show how the Lindahl equilibrium can be deduced from some simple equity axioms. These normative assumptions are the benefit principle on the one hand and the equal sacrifice principle (or, equivalently, a non-envy condition) as a postulate for distributional equity on the other. Fairness among agents with different preferences and incomes is taken into account by considering their marginal willingness to pay as shadow prices. In this way, the reason why the Lindahl solution can be perceived as an outcome of fair cooperation might become more understandable.     

Duality in Property: Commons and Anticommons

Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While commons and anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.