Artenschutzrechtiche Differenzierungen

Zusammenfassung  Im Hinblick auf das Erste Gesetz zur ?nderung des BNatSchG, die h?chstrichterliche Rechtsprechung sowie die N?te der Praxis sind artenschutzrechtliche Differenzierungen bzw. Pr?zisierungen geboten, die einerseits den strengen Anforderungen des Gemeinschaftsrechts, andererseits aber auch praktischen Erleichterungen, die der Bundesgesetzgeber anstrebt, Rechnung tragen. Der nachstehende Artikel will dazu einen Beitrag leisten.     

Sovereigns and citizens? The contested status of American Indian tribal nations and their members

American Indian tribal members are citizens of both tribal nations and the larger national body. Tribal nations' contemporary resurgence has made tribal citizenship politically visible, materially significant, and politically contested. Conflicts about tribal members' status are not merely racial or ethnic in character, but reflect fundamental tensions between settler societies and indigenous survivors who challenge national narratives and demand collective rights. Tribal members' dual citizenships and the conflict about them are the result of discordant federal policy legacies, tenacious tribal survival, and the erosion of racial barriers to citizenship. Differences between ethnonational tribal citizenship and republican-based US citizenship fuel public criticism in the context of widespread ignorance about treaties and tribal rights. Crucially, while legal and political dimensions of citizenship have been partly extended to tribal members, they remain excluded from the national identity.     

Enhancing Tax Compliance through Coercive and Legitimate Power of Tax Authorities by Concurrently Diminishing or Facilitating Trust in Tax Authorities

Both coercion, such as strict auditing and the use of fines, and legitimate procedures, such as assistance by tax authorities, are often discussed as means of enhancing tax compliance. However, the psychological mechanisms that determine the effectiveness of each strategy are not clear. Although highly relevant, there is rare empirical literature examining the effects of both strategies applied in combination. It is assumed that coercion decreases implicit trust in tax authorities, leading to the perception of a hostile antagonistic tax climate and enforced tax compliance. Conversely, it is suggested that legitimate power increases reason‐based trust in the tax authorities, leading to the perception of a service climate and eventually to voluntary cooperation. The combination of both strategies is assumed to cause greater levels of intended compliance than each strategy alone. We conducted two experimental studies with convenience samples of 261 taxpayers overall. The studies describe tax authorities as having low or high coercive power (e.g., imposing lenient or severe sanctions) and/or low or high legitimate power (e.g., having nontransparent or transparent procedures). Data analyses provide supportive evidence for the assumptions regarding the impact on intended tax compliance. Coercive power did not reduce implicit trust in tax authorities; however, it had an effect on reason‐based trust, interaction climate, and intended tax compliance if applied solely. When wielded in combination with legitimate power, it had no effect.     

Democracy,creeping socialism,and ideological socialism in rent-seeking societies

Rent-seeking societies suffer from a serious distortion of incentives. Incentives to engage in distributional struggles, to seek contrived transfers are strong, but incentives to engage in productive work are too weak. Stagnation and some unemployment should be expected. Long lasting democracies within unchanged borders create a permissive environment for rent-seeking. The provision of rents very much depends on government. The stronger the governmental involvement in the economy, the higher social security spending, the more rents the government is likely to generate. Therefore, creeping socialism understood as increased government control of the economy should reinforce the rent-seeking society and the corresponding negative effects on growth and employment. Whether such creeping socialism is backed by ideological socialism or not should make little difference for growth or employment. These ideas have been tested and partially supported by a 19 nation sample of industrial democracies, using data from the sixties and seventies. By and large, the rent-seeking approach is fairly successful in explaining national differences in economic growth rates, but receives ambiguous support or less for unemployment. Olson's (1982, 1983) proposition about the negative impact of long lasting democracy within unchanged borders on economic growth is much better supported than the growth-retarding effects of government revenues or social security spending are.     

Sectoral reallocation, distributional coalitions and the welfare state as determinants of economic growth rates in industrialized democracies

Abstract. This paper investigates three propositions about economic growth. It rejects the proposition that differences in the size of the agricultural sector or in opportunities to reallocate resources from this sector to other sectors of the economy significantly contribute to the explanation of differential growth rates among industrialized democracies. It supports Olson's proposition that long lasting democracies suffer from an accumulation of distributional coalitions whose rent-seeking activities retard economic growth. It also supports the proposition that the welfare state contributes to economic decline. Technically, this paper applies cross-sectional and pooled regression analyses of growth rates on employment in agriculture as a percentage of civilian employment, age of democracy, and social security transfers as a percentage of GDP. Data refer to the 1960–82 period and 19 nations.     

American Federalism and Intergovernmental Innovation in State-Tribal Relations

Relations between American Indian tribes and state governmentsare poorly understood; they have been inaccurately portrayedas exclusively or increasingly conflictual. This study balancessuch perceptions and identifies constructive patterns of state-tribalrelations that developed between 1970 and 2003. President RichardM. Nixon's 1970 policy of Indian self-determination affirmedIndian tribes' survival; yet it failed, in the context of tribes'extraconstitutional status, to clarify their relationship tostate governments. Since then, entrepreneurial tribal leadershave asserted sovereign governmental status while advocatingpractical and substantive cooperation with state governmentsin place of adversarial and legalistic relations. The partialsuccess of these efforts has produced new intergovernmentalmechanisms and the development of state-tribal relations asan ongoing and increasingly normalized category of intergovernmentalrelations, even amidst conflict over tribal gaming and a shiftingpolitical and legal environment.     

Reviews

Big Men, Small Boys and Politics in Ghana: Power, Ideology and the Burden of History, 1982–1994 by Paul Nugent. Pinter Publishing Limited (London and New York). 1995. xiv plus 306pp. including bibliography and index. £35 or $63 hardback.

Understanding Contemporary Africa (2nd edition) edited by April A. Gordon and Donald L. Gordon. Lynne Rienner Publishers, Boulder and London. 1996. xiv plus 432pp. including maps, illustrations, notes, bibliographies, appendices and index.

The Politics of Difference: Ethnic Premises in a World of Power edited by Edwin N. Wilmsen and Patrick McAllister. University of Chicago Press: Chicago and London. 1996. ix plus 210pp.

The Multilateral Development Banks. Volume 1. The African Development Bank by E. Philip English and Harris M. Mule. The North‐South Institute. Ottawa. 1996. xvi plus 213pp.

Brothers at War: Dissidence and Rebellion in Southern Africa by Abiodun Alao. British Academic Press, London and New York. 1994. xiii plus 201pp. including notes, bibliography, index. £39.50. Hardback.

Now that We are Free: Coloured Communities in Democratic South Africa edited by Wilmot James, Daria Caliguire and Kerry Cullinan. Lynne Rienner Publishing, Boulder (Colorado) and London. 1996. 142pp.

Imperialism or Solidarity? International Labour and South African Trade Unions by Roger Southall. University of Cape Town Press, Cape Town. 1995. 398pp.

The Aid Relationship in Zambia: A Conflict Scenario by Oliver Saasa and Jerker Carlsson. Institute for African Studies, Lusaka (Zambia) and Nordic Africa Institute, Uppsala (Sweden). 1996. 170pp. including figures, tables, notes, bibliography and index. Paperback.