我国发展独立第三方公共政策评估机构论析

发展独立第曼方政策评估机构是对公共政策公平与效率两大价值追求的必然要求。相比国外而青,当前我困独立笫三方政策评估机构的发展尚不健全,究其原因主要受限于内外两方面因素制约,文章对如何促进我国独立第三方政策评估机构发展展开研究。     

我国生产者责任延伸制度实施困境分析——从家电以旧换新政策实施谈起

生产者责任延伸是解决废弃产品问题的一项新兴的环境策略,在我国已初步构建并开始实施。为拉动经济增长,促进废旧电器电子产品的循环利用,我国实施了家电以旧换新政策。但该政策实施后遇到的一些问题,如回收企业技术落后不能满足回收的大量废弃电器电子产品的无害化资源化处置、生产者组织和废弃产品处理基金制度没有有效建立、政府行政干预机制和经济激励机制的缺位、法律规定的空白等阻碍着生产者责任延伸制度的实施。     

Political Evangelism

In 2000, UN Security Council Resolution 1325 called for the increased participation of women in formal political processes surrounding violent conflict. However, worldwide, women continue to be a minority in formal politics, particularly in situations of armed violence. Contrary to this trend, women have played an influential role in the Casamance peace process in southern Senegal, where a rebel movement has been fighting for independence since 1982. This article assesses the methodology, constraints and, most importantly, the gendered opportunity structures surrounding the women's peace movement in Casamance. It demonstrates how women participate in the politics of war and peace through an astute manipulation of gendered platforms and a judicious reading of political context, thus propelling their voices into the formal political arena. This case study highlights practical and local approaches to political participation that may be relevant to women around the world.     

关于追缴犯罪所得的国际司法合作问题研究

作者根据我国目前在追缴犯罪所得方面国际司法合作的实践,列举了五个急需通过国内立法或者国际协议加以解决的问题,即:⑴如何根据外国的刑事司法协助请求对银行帐户资金实行扣划或者对有关的不动产实行处置;⑵如何在有关的追缴和返还合作中切实保护善意第三人和潜在权利人的合法权益;⑶如何在案犯外逃的情况下决定对属于犯罪所得的财产予以追缴和没收;⑷如何合理确定追缴程序中的举证责任;⑸如何处理发生在追缴合作中的费用补偿和收益分享问题。文章对外国的有关法律制度以及国际条约的相关规定进行了介绍和比较研究,在此基础上,就上述问题的解决提出如下建议:完善我国刑事诉讼中对赃款赃物的“简易处置”制度,增加配套的法院裁决程序;在我国建立承认与执行外国刑事罚没裁决的司法审查制度;在特定情况下将附带民事诉讼程序前移,并在条件成熟时设立独立的财产没收程序;变通现行的证据制度,要求特定案件中的财物持有人或者关系人承担关于合法来源或者善意享有的证明责任;本着互惠和务实的精神处理被追缴财物的国际分享问题,建立专门的基金组织将分享的资金转换为开展有关国际合作的资源。     

DISCUSSION - Agricultural Policy Reform and Rural Livelihoods in Central Mexico

This contribution examines the impact of profound changes to agricultural policy implemented since 1988 on the livelihoods of Mexico's rural population. Detailed studies in four villages show that rural incomes are very unevenly distributed within communities leaving half of households in poverty. During the last decade key factors affecting village economies have been international and national, rather than specific changes to farm policy. Most changes have been to the detriment of the communities studied, but peasant households have adapted and survived, at a price. If the worst fears about the consequences of economic liberalisation have not been realised, neither have the hopes. Depressed markets for basic goods and services have limited the growth of the rural economy. Private investment and provision of services have not been stimulated.     

Coercive Policy Diffusion in a Developing Country: The Case of Public-Private Partnerships in Sri Lanka

Over the last two decades, public-private partnership policy has been adopted in developing countries to a lesser degree than in industrialised countries. This paper argues that this policy has been diffused to developing countries like Sri Lanka with coercion from international aid-granting organisations through conditionalities attached to financial assistance. It details the country-specific challenges faced by Sri Lanka in responding to conditionalities as it has sought to implement this policy. Drawing on policy diffusion theory the paper develops a framework to be used in analysing the issues under investigation.     

Germany and European security governance: how well does the Birmingham model perform?

Abstract

The expansion of the security agenda after the end of the Cold War, propelled by the blowback of 11 September 2001, raises questions about the German ability and willingness to contribute to the regional and global security governance tasks facing Europe and Germany's continuing fidelity to its post-war European avocation. It also calls for a reconsideration of the Birmingham model of foreign policy analysis, particularly its emphasis on (and interpretation of) the ideational and institutional factors defining the German foreign policy agenda and shaping German foreign policy behaviour, at least with respect to the implementation (rather than formulation) of European Union security policies. Towards assessing the continuing utility of the Birmingham model, this article proceeds in three steps: the presentation of the Birmingham model and its restatement as six conjectures; a discussion of the security governance functions undertaken by the EU and the collective action problem facing Europe (and Germany) in executing them; and an empirical investigation of Germany's contribution to the EU as a security actor since 1990.     

Fit for what? Towards explaining Battlegroup inaction

Abstract

The thrust of this paper concerns the case of the European Battlegroup (BG) non-deployment in late 2008, when the United Nations requested European military support for the United Nations Organisation Mission peacekeeping force in the Democratic Republic of the Congo (DRC). The argument is built on the fact that when, in official documents, the EU approaches the European security and ESDP/CSDP's military crisis management policy and interventions, it makes strong references to the United Nations and the UN Charter Chapter VII's mandate of restoring international peace and security. Such references make it seem that supporting the UN when it deals with threats and crises is a primary concern of the EU and the member states. These allusions lead to the main contention of this paper, that there is much ambivalence in these indications. The paper develops its argument from one key hypothesis; namely, that the non-deployment of a European BG in the DRC, at the end of 2008, constitutes a useful case study for detecting a number of ambiguities of the EU in respect of its declarations in the official documents establishing the European military crisis management intervention structure.     

Assessing the reset: successes and failures in the Obama administration's Russia policy, 2009–2012

Critics of the Obama administration's ‘reset’ with Russia claim that it has failed to improve bilateral relations and has conceded too much to Russia at the expense of American interests. In fact, the reset has delivered significant improvements in key areas and established the institutional basis for continued cooperation in the future, benefiting both states. Although disagreements remain on several important issues including missile defence, humanitarian intervention, and democracy, the reset has been broadly successful on its own terms, which were always limited in scope and based on a pragmatic recognition of the limits of possible cooperation. Future progress is uncertain, however – obstacles include differences of national interest; the complicating effects of relations with third party states and the impact of domestic politics. A continuation of the pragmatic approach underpinning the reset represents the best chance for stability in the US–Russia relationship.     

When governments ignore public opinion in foreign policy: Poland and the Iraq invasion

This article asks why the Government of Poland participated in the invasion of Iraq in March 2003 when a large majority of the Polish public was opposed to national involvement in Iraq. The aim is to further an understanding of the circumstances under which democratic governments ignore public opinion in their foreign policy decision-making. The article argues that a combination of three circumstances increased the willingness of the government to ignore the public. First, the Iraq issue had relatively low salience among the Polish voters, which decreased the domestic political risks of pursuing the policy. Second, the government's Iraq policy was supported by a considerable consensus among the political elite. Third, the political elites were unified in their perceptions that participating in the invasion would yield essential international gains for Poland.