法人人格权否定论

法人人格系无伦理性的纯法技术产物,人格权系立基于伦理人格而非法律人格,法人无人格权,法人享有的所谓人格权实质上只是财产权。     

Increasing Participation and Compliance in International Climate Change Agreements

Scientific and economic consensus points to the need for a credible and cost-effective approach to address the threat of global climate change, but the Kyoto Protocol to the U.N. Framework Convention on Climate Change appears incapable of inducing significant participation and compliance. We assess the Protocol and alternative policy architectures, with particular attention to their respective abilities to induce participation and compliance. We find that those approaches that offer cost-effective mitigation are unlikely to induce significant participation and compliance, while those approaches that are likely to enjoy a reasonably high level of implementation by sovereign states are sorely lacking in terms of their anticipated cost effectiveness. The feasible set of policy architectures is thus limited to second-best alternatives.     

‘This loopy idea’ an analysis of UKIP’s social media discourse in relation to rurality and climate change

This paper focuses on the way that United Kingdom Independence Party (UKIP) attempted to communicate its policies and messages about the topic of renewable energy during 2013–2014. Renewable energy is a fruitful topic to consider as it has a strategic importance in the discussion of the future of the UK. The emergent theme from the analysis was not only rurality and renewable energy but the connection of the issue to scepticism about climate change. This paper uses the qualitative analyses the social media posts and a sample of the linked materials, with newspaper coverage, to reveal the key themes in the UKIP discourse.     

One global deal from Paris 2015: Convergence and contestations on the future climate mitigation agenda

This article analyses the 2015 Paris Agreement of the UN Framework Convention on Climate Change, with a focus on mitigation. The history of climate negotiations and the mitigation agenda shows the divide between developed and developing countries, with the latter insisting that the former, having caused the problem, need to do more to reduce carbon emissions to address climate change. However, as some emerging economies had continued to emit more carbon, there were calls to treat these as developed countries, requiring increased mitigation measures. The article examines the record of these emerging economies, and establishes that there was some convergence in Paris, a positive element that resulted in a single global climate treaty. However, the Paris negotiations also witnessed contestations, with the final agreement insufficient to keep global warming within advised limits, and in any case only partly legally binding, leaving its implementation success to good will.     

Climate Change and the US Security Sector: the Securitization of Climate Change

This preliminary study traces how climate change came to be viewed as a security issue in the United States through a review of policy documents and reports prepared for and by the US security sector. The paper draws upon the ideas of constructivist schools of security studies to provide an analytical framework for understanding the meaning of the securitization process as it has occurred in the United States. It then refl ects upon the adequacy of those frameworks to interpret the securitization of climate change. In the US, new knowledge of the phenomenon of climate change was fi rst constructed in the research sector, in the fi elds of meteorology and atmospheric science. Environmental and Earth sciences then became a locus of research, and climate change fi rst entered security discourse as a topic of environmental protection. As the implications of climate change and its potential impact on water resources, food production, diseases, infrastructure, and human migration came to the attention of the security sector, this knowledge stimulated an internal discourse, where each new document functioned both as a new securitization statement and as a policy response to prior documents in a chain of discourse. Actors in this securitization process included not only “speakers” making a securitization claim (knowledge claim) and “audiences” that accept or reject a claim. Importantly, it also included actors who were instrumental in translating knowledge between research and security sectors. This brief consideration suggests that social science theories that center on practice are more robust than those that center on discourse for interpreting the securitization of climate change. Improved analytic frameworks need to better account for actors whose role is to transfer and translate knowledge from one sector to another.     

The problem of past emissions and intergenerational debts

The problem of past emissions – how to share fairly the costs of climate-changing emissions caused by polluters who are no longer in existence – presents an increasingly pressing challenge to scholars and policy-makers. Since standard contribution-based principles are inapplicable when it comes to past emissions, theorists have instead proposed various non-contribution-based historical principles. This paper develops such a principle – the Inherited Debt Principle – which seeks to account for the intuition that historical injustice matters to current duties in a way that does not appeal to the counterfactual benefits derived from that injustice. This principle, it is argued, offers a surprisingly plausible solution to the problem of past emissions.     

Abnormal Daily Temperature and Concern about Climate Change Across the United States

The relatively low level of concern about climate change among Americans has important implications for climate policy. While many studies have examined individual characteristics associated with climate change attitudes, fewer studies have considered the effects of environmental conditions on such attitudes. Here, we use two national samples of American adults to explore the impact of abnormal daily temperatures on levels of concern about climate change. We test the hypotheses that (1) abnormally warm temperatures, and (2) both abnormally warm and abnormally cool temperatures are associated with higher levels of concern. Using a generalized ordinal logit, we find that the quadratic form of deviation from mean temperature on the date of the survey is significantly associated with higher levels of concern, thus supporting the second hypothesis. We discuss several theoretical frameworks that may explain this result including availability bias, mental models, and implicit stimuli, and the implications for climate policy.     

The Global Climate Regime: Explaining Lagging Reform

There have been growing calls for reform of the United Nations Framework Convention on Climate Change (UNFCCC). How have governments met the demand for action on climate change despite the lagging pace of UNFCCC reform? New qualitative data demonstrate that the institutional, sectoral, and technical characteristics of multilateral institutions have guided government choices in managing climate change issues. Institutional resources and sectoral participation in multilateral institutions have enabled governments to handle climate change issues outside the UNFCCC, reducing the need to invest in its reform as demand for action has grown. These specialized institutions are able to mitigate political disputes and facilitate greater efficacy in handling specific issues such as financing and emissions mitigation. They have mandates that overlap with the cross‐cutting nature of climate change, requiring no new mandates, which mitigates political disputes in managing specific climate issues.     

Public Support for Climate Change Policy: Consistency in the Influence of Values and Attitudes Over Time and Across Specific Policy Alternatives

This study examines the factors that explain public preferences for a set of climate change policy alternatives. While scholarly work indicates a relationship between attitudes and values on views toward specific issues, the literature often examines general support for issues rather than specific policy proposals. Consequently, it is unclear the extent to which these attitudes and values affect specific policy considerations. This project examines public support for five climate change policy options in two national surveys taken three years apart. The empirical analysis reveals that time is a factor and that those who are liberal, have strong ecological values, report greater concern for climate change, and trust experts are consistently more supportive of the climate policy options considered here. The results shed new light on the nuanced views of the American public toward climate change.     

论气候难民保护面临的国际法问题及其对策

全球变暖增加了酷热、飓风等极端天气出现的频率,而气候变化导致的海平面上升也将严重影响沿海地区居民的生活。大量由气候原因而迁移的人由此催生了一个新的名词——气候难民。但是,无论是国际立法还是各国国内立法,由于缺乏明确、清晰的定义,使得国际、国内层面对于气候难民的保护迟迟未能落实。因此,应当给予气候难民一个明晰的定义,国际社会应当通力合作改善气候难民的生存现状,赋予其充分的生命权、健康权、财产权、土地权等,并积极促进其与当地社区的融合与交流,通过建立国际气候难民救助基金来保障气候难民的权利。