法律移植三论

就基本性质而言．法律移植是法律的相对独立性的反映，是法律明交流的重要形式，是创造性的法律实践活动，是法律的横向变迁和发展，是法律变革的重要途径。就移植标准而言，法律移植的标准主要有需要标准、国情标准、优选标准、非价值性标准、国际标准等。就移植效果而言，评价法律移植的效果时必须考虑时间、评价的参照系、评价的指标、正面效果与负面效果的区分等因素。     

The institutionalization of relative advantage: formal institutions,subconstitutional presidential powers,and the rise of authoritarian politics in Russia, 1994–2012

What role do formal institutions play in the consolidation of authoritarian regimes such as the Russian Federation? Oftentimes, it is assumed that autocrats, usually potent presidents, wield informal powers and control far-flung patron–client networks that undermine formal institutions and bolster their rule. After the institutional turn in authoritarianism studies, elections, parties, legislatures, or courts have taken center stage, yet presidencies and public law are still on the margins of this research paradigm. This paper proposes a method for measuring subconstitutional presidential power and its change by federal law, decrees, and Constitutional Court rulings as well as a theoretical framework for explaining when and under which conditions subconstitutional presidential power expands. It is argued that as a result of a gradual, small-scale, and slow-moving process of layering, presidential powers have been accumulated over time. This furthers the institutionalization of presidential advantage toward other federal and regional institutions, which in turn contributes to the consolidation of authoritarianism.     

Will the North’s secessionist winds blow South? The past,present, and future of self-determination and border change in Africa

World politics tend to go through cycles of long periods of stable borders followed by bursts of secessionist movements. For this reason, it is important to examine whether the two recent cases of secessionism in the Northern Hemisphere symbolise such a turn in world politics. After reviewing the Catalan and Kurdish secessionist movements, the article turns to the history of secessionism in order to distil comparative insights and lessons. The main part of the article examines six categories of secessionism in Africa. In particular, the emphasis is on highlighting the various historical patterns of self-determination and border change in Africa. The final part is a comparative reflection on the future of secessionism in Africa.     

Italian Politics in an Era of Recession: The End of Bipolarism?

Abstract

Italian politics have undergone momentous change in the 2007–2017 decade under the impact of the eurozone crisis, whose peak in 2011–2013 could be equated to the earlier watershed years of 1992–1994. The lasting impact of the upheaval in Italian politics in the early 1990s could still be felt in the decade of economic recession, but there were also new challenges prompted by a crisis that had its roots in international financial contagion and which unravelled under the shadow of both recession and austerity. The changes were of an economic, social, cultural, institutional, policy-oriented and political nature. If one central quintessentially political theme stands out by the end of this decade it is the apparent exhaustion of the quest for bipolarisation that was initiated in the early 1990s.     

The Italian Five Star Movement during the Crisis: Towards Normalisation?

Abstract

The Movimento Cinque Stelle (M5S) represents the most significant occurrence in Italian party politics during the economic crisis that commenced in 2008. Founded in 2005, the party caused a major upset at the 2013 national elections, with a subsequent major impact on the Italian party system, which is analysed along four dimensions: amount of change; number of relevant competitors; alteration of the political space; and degree of nationalisation. The sudden electoral success, in turn, presented the party with a number of challenges that forced it to adapt its organisational nature. Moreover, the anti-establishment nature of the M5S is questioned by its activities in the legislative arena. As with other outsider parties, this poses the dilemma of being part of the establishment while criticising it. The M5S has thus been forced to redefine its main goals and style of communication in order to adapt to the new institutional environment without losing the palingenetic aspiration of its original message.     

Keys to Implementation of Child Welfare Systems Change Initiatives

While the research base on implementation in child welfare has grown, applying implementation science to child welfare system change is still relatively new. There is a gap in knowledge of what factors are most important in different implementation stages and system contexts. This study examines 12 implementation keys that support building infrastructure, developing inter-organizational networks, and addressing contextual issues in child welfare system change initiatives in three states. Research questions address which keys are most important in different implementation stages, the major components and context of these keys during implementation, and the overlap between implementation keys.     

The Journal of Intervention and Statebuilding Ten Years on: Critical Reflections and Stimulating Ideas on an Evolving Scholarship

ABSTRACT

The Journal of Intervention and Statebuilding celebrates its tenth anniversary this year. This special volume opens up with a selection of nine of the most influential articles published in the journal. JISB's editorial team has asked the authors for their reflections on their original articles, telling us more about the writing process at that time, what they would do differently (with hindsight), or how they see their articles contributing to current debates on intervention and statebuilding. We have selected one article per volume, and we have ordered the contribution starting from volume 1 (2007) to volume 9 (2015). The articles will be made open access for the year, and we highly recommend (re-)reading the original articles along with the comments from the authors.     

The Spreading of Innovation: State Adoptions of Energy and Climate Change Policy

The American states are engaged in a variety of policy efforts to mitigate climate change and alter energy usage. While a number of studies have considered the reasons for adoption of renewable energy and climate change policies, they typically consider only one policy in isolation. This study examines policy adoption of 14 energy and climate change programs in a pooled event history analysis. Our primary research questions consider average effects of horizontal policy diffusion, while also identifying factors that vary across policy type. We offer a method of testing whether predictors vary across policies and use this test to incorporate interactions by policy in the statistical analysis. Our results indicate that many of the primary drivers of adoption are political in nature, including state ideology, environmental interest group membership, and diffusion via ideologically similar neighbors. In addition, we find that given policy heterogeneity, a number of determinants vary by policy type, though differences are in magnitude rather than direction.     

After the Fukushima Disaster: Japan's Nuclear Policy Change from 2011 to 2012

This article analyzes why and how the cabinet of Democratic Party of Japan (DPJ) decided in September 2012 to phase‐out nuclear power plants by 2039—the decision representing a large policy change from previous energy‐supply policy, in which the dependence on nuclear power would continuously grow. In doing so, this article examines the causal relationship between three factors identified on the basis of theoretical models explaining policy change; change in the governing coalition from the Liberal Democratic Party (LDP) to DPJ in 2009, the Fukushima accident, and the change in public opinion. Based on opinion poll and deliberative polling data, as well as discourse analyses of DPJ leaders’ statements, the article concludes that the change in public opinion on nuclear energy after the Fukushima accident was crucial in inducing the DPJ's decision to phase‐out nuclear power plants by affecting DPJ leaders' interests in vote‐ and office‐seeking. Finally, I discuss the applicability of the theoretical models developed on the basis of U.S. pluralistic cases to Japan and the issues to be explored for the further development of policy process models.     

Conflicts of decision-making processes between Clean Development Mechanism and project financing

Clean Development Mechanism (CDM) projects are believed to be financially unviable without additional revenues from CDM in the form of saleable certified emission credits; this is an important premise to be verified in the CDM approval process. However, in financing a CDM project, it is crucial for financiers and investors to ensure that the project is viable without CDM revenues. Thus, there are clear conflicts in the processes and priorities between the CDM approval in theory, and financing and investment decisions in practice. Considering the post-CDM frameworks, this article uses a case study of Bhutan’s Dagachhu hydropower project, the world’s first cross-border CDM project, to suggest practical lessons learnt.