国际货运代理独立经营人身份相关问题探讨——兼谈对商务部1998年《〈国际货物运输代理业管理规定〉实施细则》的修改意见

以货运代理业务及多式联运业务发展的情况为基础,从独立经营人的内涵出发,对独立经营人、多式联运经营人与无船承运人之间的关系进行分析,认为上述主体之间既有区别又有联系,但不是完全等同的概念,不能完全替代。建议商务部在修订1998年《<国际货物运输代理业管理规定>实施细则》时,应摒弃"独立经营人"的概念及相关规定。     

论中国能源法的生态化

能源法是我国近年来发展最为迅速的立法领域之一。在生态文明观的指导下，不断涌现的能源法呈现出生态化的特征。我国能源法的生态化主要表现为新指导思想的出现、立法结构的生态化、能源法律制度的进步等。     

Mobilising evidence in public policy: The contribution of the evidence provider

This article contributes to the conceptualisation of evidence‐based policy through providing a framework of the key factors that influence research utilisation, including those that shape the quality of evidence provided. We apply this framework to an analysis of public policy to regulate the remuneration of freight truck drivers to improve workplace safety in their industry. Recent policymaking concerning the regulation of truck drivers’ remuneration in Australia provides an opportunity to examine the quality and utilisation of research evidence by external evidence providers in opposing political contexts. This article suggests the need for informed and vigilant scrutiny of the contributions of evidence providers to government policymaking, particularly in the case of wicked policy problems about which there are sustained ideological differences that underpin problematisation, research interpretation, and conceivable policy solutions.     

Smokescreen Politics? Ratcheting Up EU Emissions Trading in 2017

The reform of the EU Emissions Trading System (ETS) adopted in November 2017 was surprisingly strong, given the previous opposition from central member‐states like Poland and key stakeholders like the energy‐intensive industries. The carbon price has also increased substantially since then. To explain why such major reform was possible, we present several findings with wider relevance. Importantly, all the actors pushing for a more ambitious reform benefitted from having a central, “second‐best” mechanism in place—the Market Stability Reserve (MSR)—which could be further tightened. By focusing cancelation on allowances in the MSR and taking place only after 2023, policy entrepreneurs managed to make the distribution of costs obscure and diffuse, whereas the benefits (a probable higher carbon price and related greater auctioning revenues for member‐states) were more specific and closer in time. That is what we call “smokescreen politics.”     

Multiple Streams in Hawaii: How the Aloha State Adopted a 100% Renewable Portfolio Standard

Renewable portfolio standards (RPS) are an important policy tool for reducing carbon emissions and advancing the global shift toward renewable energy. As the U.S. federal government backs away from commitments to reduce greenhouse gas emissions, subnational governments play an increasingly important role in mitigating climate change. In June 2015, Hawaii became the first state in the United States to adopt a 100% RPS. Through understanding the conditions that gave rise to Hawaii’s RPS, policy actors will be better informed as they navigate policy processes in other states and jurisdictions. This study uses Kingdon’s Multiple Streams Framework (MSF) to explore the policy process that led to Hawaii’s 100% RPS. Data were collected during the summer of 2016 via interviews with 25 key policy actors and informants in Hawaii. Expectations based on the MSF are confirmed, and the results suggest factors that might be included or explored in future studies of RPS adoption.     

Governing Unconventional Oil and Gas Extraction: The Case of Pennsylvania

Over the past decade, directional drilling and hydraulic fracturing enabled an unconventional oil and gas extraction (UOGE) boom in many regions of the United States, including parts of Pennsylvania. This revolution has created serious concerns about the capability of existing institutions to govern important societal outcomes associated with UOGE. We present a conceptual framework for assessing key societal outcomes influenced by UOGE governance. In applying this framework to Pennsylvania, we discern certain institutional strengths that have allowed the Commonwealth to reap appreciable short‐term economic growth from rich resource endowments. We also find, however, that several institutional weaknesses have allowed costs externalized to the environment, public health, and community integrity to offset some proportion of those economic benefits. Likewise, we find that governance of UOGE in Pennsylvania has contributed to a bifurcated sociopolitical landscape wherein adversarial coalitions dispute the legitimacy of the industry and its governance.     

The devil we know and the angel that did not fly: An examination of devil/angel shift in twitter fracking “debates” in NY 2008–2018

Recent work has applied the Narrative Policy Framework (NPF) to examine narrative strategies in policy debates on social media platforms. We contribute to the literature by applying the NPF to fracking policy debates in New York using well-established Natural Language Processing tools, including sentiment analysis. We combine this computational approach with a qualitative hand-coding of pro- and antifracking Twitter influentials. This approach allows us to consider a much larger corpus of tweets over a much longer time frame than has been done thus far. We adapt and test NPF propositions related to the use of the devil/angel shift strategies before and after a major state-wide policy change, that is, a state-wide moratorium on high volume hydraulic fracturing or fracking. Overall, we find evidence for the use of the devil shift narrative strategy by the pro-fracking coalition aimed at the Governor prior to the moratorium. After the moratorium, the relative percentage of Tweets containing devil shift sentiments decreases as the pro-fracking coalition generally downshifts in its use of angel shift language without a corresponding increase in devil shift language, whereas, conversely, the anti-fracking coalition generally downshifts in its use of devil shift language without a general increase in angel shift language. When we shifted our analysis to Tweets containing fracking and the Governor, we found a similar postban decrease in devil shift language among anti-fracking users. Our findings offer lessons for using computational tools in the NPF as an approach to expand analytic ability and for the operationalization of concepts such as narrative strategies and policy entrepreneurs.     

国际原油价差中的政治因素

国际石油价格一直是影响各国经济发展的重要因素，同时石油定价作为一种经济问题也会威胁各国能源安全，从而转化成为政治问题。作为世界上两种最重要的基准油,西得克萨斯州轻质原油（WTI）和布伦特原油（Brent）是国际石油定价中的核心要素，两者价格从历史上来看基本趋平，但从2010年至今,这两种原油价格倒挂价差峰值大，持续时间长，从本质上改变了WTI 和Brent相互参照联动的关系。从历史上WTI和Brent四次价差拉大案例的发展变化，可以看出政治因素能够影响并左右国际石油定价的经济问题。从中国角度来看，WTI和Brent倒挂对中国来说是一把双刃剑，一方面，美国由于获得低油价优势制造成本下调，中国制造占相对优势的行业相对处于劣势；另一方面，美国WTI对油价的低估，将导致其他石油生产国更倾向于同中国合作，并且WTI影响力的下降给中国参与国际石油定价系统提供了更大的空间。     

Framing Trade‐offs: The Politics of Nuclear Power and Wind Energy in the Age of Global Climate Change

This article outlines recent debates over nuclear energy and wind farms in an age of growing concern about climate change. Proponents of these technologies have used “trade‐off” frames to promote these technologies in the face of current and potential opposition to them. This article examines the nature and limits of the trade‐off frames being used and their probability of success. We argue that using the language of trade‐offs is generally a suboptimal framing strategy: trade‐off frames remind the public of the costs associated with particular policies, and therefore play into the hands of policy opponents. However, policy advocates may turn to them when the costs of a technology are well known and are perceived as high. In such cases, trade‐off frames may help to justify controversial policy solutions. Like any frames, the trade‐off frames used in the debate over climate change solutions both illuminate and obscure the deeper issues involved in energy policy reform.     

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.