Unilateral CDM—can developing countries finance generation of greenhouse gas emission credits on their own?

The Clean Development Mechanism (CDM) was originally seen as an instrument with a bi- or multilateral character where an entity or fund from an industrialised country invests in a project in a developing country. The sluggish implementation of incentives for industrialised country companies to embark on CDM projects and low carbon prices led to a preference for just buying Certified Emission Reductions (CERs) instead of investing in projects. Thus a third option has gained prominence—the unilateral option where the project development is planned and financed within the developing country. We propose that a project should be called “pure unilateral” if it involves no foreign direct investment (FDI), only has the approval of the Designated National Authority (DNA) of the host country and sells its CERs after certification directly to an industrialised country. Unilateral projects can become attractive if the host country risk premium for foreign investors is high despite a high human, institutional and infrastructural capacity and domestic capital availability. Moreover, transaction costs can be reduced compared to foreign investments that have to overcome bureaucratic hurdles. On the other hand, technology transfer is likely to be lower, capacity building has to be undertaken by the host country and all risks have to be carried by host country entities. The potential to carry out unilateral CDM projects strongly varies among host countries. Whereas several countries from Asia and Latin America can design and implement projects autonomously, most of the Sub-Saharan countries rely on foreign support. International donors of capacity building grants should increasingly address those countries that are not presently focused on by foreign investors and support them in the design of local projects.

The Democratization of Welfare Between Rhetoric and Reality: Local Planning,Participation, and Third Sector in Italy

The third sector, traditionally considered in the Italian welfare state as a residual actor of social policies, has increasingly engaged itself in various types of partnerships and collaborative planning processes with the local authority in recent years. In the rhetoric of welfare reform, third sector organizations play an important role, for they contribute to regenerating local democracy, stimulating communities, and fighting social exclusion. The article examines 12 local area plans, which have been realized in eight regions of Italy since 2000, by relying on empirical data and interviews. The article concludes that the so-called co-governance of local welfare can produce very different levels of democratization and improvement of social programs. In some areas, it may be that valorizing the third sector can effectively renew social policies, while in others the exact reverse may happen. The article offers an analysis of the main factors that influenced this result.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

The Third Way: the Dutch experience

The Third Way in the Netherlands rests upon the institutionalized co-operation between the trade unions, the employers' organizations and the state. During the period of high unemployment in the 1980s this co-operation led to several agreements to moderate wage costs and to reduce statutory working hours with the object of reducing unemployment. In the 1990s,when labour became scarce, new measures were agreed upon to increase participation in the labour market and to boost productivity. Critics of the agreements suggest that the policies adopted by the socio-economic partners in the 1980s, particularly the moderation of wages and the reduction of work time to create more jobs, have a negative effect on the long-term prospects of attaining higher productivity.     

'Good Governance': The Rise and Decline of a Policy Metaphor?

This study aims to explore the conditions under which the criterion of 'good governance' first became adopted as a donor policy metaphor and now seems likely to get eclipsed. Why did it emerge at the time it did, and what, since then, has been its track record? Particular attention will be given in this regard to successive shifts in the relevant policy thinking within the World Bank. Moreover, the study discusses whether good governance is likely to keep drawing the same level of attention as it has done hitherto.     

Protecting personal data in wartime: The destruction of the alphabetic tabulators in Oslo

As a contribution to this special issue of CLSR, Jon Bing offers a unique wartime account of one of the earliest attempts to prevent ‘online processing’ of personal data by the occupying authorities for oppressive purposes.     

从思想世界的重演到法律历史整体性的终极指向

思想世界的通达应当是我们研究法律历史整体性的一个基本前提。但是,如何进入古人的思想世界,依据何种标准进行评价及其在价值论基础上重新进行认同,进而演绎活着的法律文化传统,是一个相当重要的核心问题。正是在此意义上,在这个没有封闭的框架中,我们需要找出一种适应时代阐释的活着的东西——历史中从来无法断绝的更为本原的思想。它不仅仅需要历史的传统来界定和彰显它的存在,而且需要一种出自日常生活的观念来支持和认同此种活着的思想。人类社会变迁的历史就是从虚无性之中开出的历史,所有的历史都是被人类的思想观念赋予了相对意义的历史,全部人类行为所到之处都被异化为一个意义世界。职事之故,传统中国的法律道路也只能在这个前置性的框架中才能得到建构和确切的理解,也只有在逐层剥离思想精义的外壳之后,方有可能看清楚法律道路的走向。     

THE FIFTH WORLD CONGRESS ON FAMILY LAW AND THE RIGHTS OF CHILDREN AND YOUTH

Editor's note on the 5^th World Congress on Family Law and Children's Rights held in Halifax Nova Scotia, August 23–26, 2009     

Building sustainable free legal advisory systems: Experiences from the history of AI & law

The enthusiasm for artificial intelligence (AI) as a source of solutions to problems is not new. In law, from the early 1980s until at least the early 2000s, considerable work was done on developing ‘legal expert systems.’ As the DataLex project, we participated in those developments, through research and publications, commercial and non-commercial systems, and teaching students application development. This paper commences with a brief account of that work to situate our perspective.The main aim of this paper is an assessment of what might be of value from the experience of the DataLex Project to contemporary use of ‘AI and law’ by free legal advice services, who must necessarily work within funding and other constraints in developing and sustaining such systems. We draw fifteen conclusions from this experience, which we consider are relevant to development of systems for free legal advice services. The desired result, we argue, is the development of integrated legal decision-support systems, not ‘expert systems’ or ‘robot lawyers’. We compare our insights with the approach of the leading recent text in the field, and with a critical review of the field over twenty-five years. We conclude that the approach taken by the DataLex Project, and now applied to free legal advice services, remains consistent with leading work in field of AI and law.The paper concludes with brief suggestions of what are the most desirable improvements to tools and platforms to enable development of free legal advice systems. The objectives of free access to legal information services have much in common with those of free legal advice services. The information resources that free access to law providers (including LIIs) can provide will often be those that free legal advice services will need to use to develop and sustain free legal advisory systems. There is therefore strong potential for valuable collaborations between these two types of services providers.     

Involuntary Resettlement as an Opportunity for Development: The Case of Urban Resettlers of the Three Gorges Project, China

The restoration of livelihoods in the event of involuntary resettlementis commonly based on providing compensation to those who aredisplaced. This policy has led to a series of horror stories.For this reason, it is proposed that by conducting resettlementas a development project in its own right, the performance ofresettlements can be improved and the benefits will accrue tothe local population. The Three Gorges Project on the YangtzeRiver is the first project in China in which the policy of resettlementwith development was translated into practice. This paper usesthe results of a survey of urban resettlers in two countiesto demonstrate that development policies have been unevenlyapplied across the Three Gorges Region and that in some countiesthe policies have had some success in maintaining and raisingthe incomes of resettlers.