Tasmania's Tamar Valley Pulp Mill: A Comparison of Planning Processes Using a Good Environmental Governance Framework

In November 2004, the Tasmanian government requested the state's planning body, the Resource Planning and Development Commission (RPDC), to undertake an evaluation of a proposal to establish a pulp mill at Long Reach near Bell Bay on Tasmania's Tamar Estuary. In early 2007, Gunns Limited, the project's proponent, pulled out of the RPDC process and the government established an alternative, ‘fast‐track’ process under the Pulp Mill Assessment Act (PMAA). This article evaluates the RPDC and the PMAA assessment processes using a ‘good environmental governance’ framework composed of eight criteria – transparency, accountability, openness, balance, deliberation, efficiency, science and risk. The comparison reveals that although the RPDC process fell short of the ideal, it was markedly superior to the PMAA process that replaced it. The case highlights how political economic power can be used to the detriment of public planning and the communities and environment that rely on it.     

Yahoo? Reining in the Wild West with the Alien Tort Claims Act

In the wake of globalisation, we have witnessed the rise of the transnational corporation—powerful, new players in an international human rights system ill-equipped to handle the challenge. Despite the best efforts of the United Nations, international treaties and human rights lawyers the world over, there is simply no mandatory international code of corporate conduct targeting human rights practices. Enter the Alien Tort Claims Act (ATCA), a once-obscure U.S. statute that provides a private cause of action for violations of international human rights law committed by governmental and non-governmental actors. This paper will examine recent ATCA jurisprudence, the landmark Unocal settlement, and the ATCA’s role in reining in Yahoo! Inc. for supplying evidence used to convict Chinese dissidents Wang Xiaoning and Shi Tao.

Coping with financial crises: explaining variety in regional arrangements

Financial regional arrangements vary across countries and change over time. Until recently, most economists and political scientists took the European model of monetary integration as the yardstick to which all other regional financial arrangements had to measure up in this article. It is argued that the Euro crisis provides an opportunity for scholars to adopt a different perspective that does not interpret the variety of financial arrangements merely as economic deficiencies caused by the incapacity or unwillingness of regions to follow the European model. Instead, the comparative study of monetary and financial regionalism has to account for the different factors that shape variations. These go from different levels of economic development, over regional political and economic preferences to historical processes which shape the institutional context and the constellation of interests and social forces. Such an approach, which integrates economic and political science approaches, de-centres the Euro model and opens up a new understanding of the global diversity of regional monetary and financial cooperation, and their potential to cope with financial crises.     

Emerging US public affairs practice: the 2000+ PA model

Many larger US corporations are re‐assessing their participation in the public policy process and their entire approach to managing public affairs. This paper will attempt to synthesise much of what is happening to US corporate public affairs. It describes the forces driving the changes and addresses the ways corporations are responding to these forces. Finally, the paper offers an argument of the ‘New Public Affairs’ 2000 and beyond model as it will likely be practised in the USA, and perhaps elsewhere, at least early into this decade. Copyright © 2001 Henry Stewart Publications     

论侵权责任法规定行政侵权责任的必要性

行政侵权与一般民事侵权是两种不同的侵权,行政侵权责任是在公法领域中发生的私法责任。法院在审判实践中处理行政侵权案件时,应当优先适用国家赔偿法的有关规定;国家赔偿法无规定时则适用一般法,也就是适用侵权责任法的规定。民事法律规范在行政赔偿问题上的继续适用有内在的合理性;侵权责任法草案对行政侵权责任做出原则性的规定,符合我国的立法传统。因此,将来的侵权责任法规定行政侵权责任是必要的,也是可行的。     

美国国会议员访台现象研究(1997～2008)

台湾地区是美国国会议员访问最频繁的地区之一。本文分析了从1997年到2008年的美国国会议员访台记录分布及其决定因素,获得了如下主要发现:第一,美国国会议员访台频次变动受台湾岛内政治变动和美国国会选举周期影响,但以前者更为重要;第二,《与台湾关系法》赋予美国国会及其议员干预台湾问题的权力,是造成美国国会议员、特别是外交事务、军事、情报等委员会成员频繁访台的根本原因;第三,意识形态、选区利益、经贸关系等对美国国会议员访台也产生了一定的影响。     

A Reevaluation of the Effects of State and ACA Dependent Coverage Mandates on Health Insurance Coverage

We study state and federal health insurance coverage mandates for young adults. Despite consistent findings that the Affordable Care Act's (ACA) federal mandate was effective, research has disagreed on whether preexisting, state-level mandates were successful in increasing coverage. We reconsider the issue with a new analytical perspective and newly available accurate data on state mandates. We show that the impact of the state mandates was substantive and concentrated among young adults between ages 19 and 23. Our estimates indicate that dependent coverage rose by 3.9 percentage points and overall coverage rose by 3.3 percentage points. Crowd-out of coverage through young adults’ own jobs was negligible. For those above 23, we find little evidence of changes in coverage. We incorporate these insights into analysis of the ACA's mandate, showing its effects were focused among those who were not eligible for state mandates, or were eligible but older than 23. Our results suggest that eligibility restrictions played important roles in limiting the scope of the state mandates, but they can be practical and effective tools for policymakers looking to ensure or expand coverage for young adults in the face of uncertainty about the ACA.     

立法促进大学知识产业化的作用透视——发达国家的实践与经验借鉴

20世纪80年代以来,国际高等教育政策发生了显著变化,高等教育学术性得到加强的同时市场化程度加快、知识产业化凸显,大学正成为产业科技创新的合作伙伴,在经济发展中发挥着越来越重要的作用.大学知识产业化一方面是大学自身发展的要求,同时也是国家政策驱力所致.产业化过程中各国都采取了相应的立法或政策措施鼓励大学科研走出象牙塔,与产业密切结合.美国政府通过科技立法制定灵活的创新政策激励大学知识产业化;英国政府积极推动多元化的产学合作政策方案,建立产学间交流渠道.鼓励大学成为地方经济发展的动力;日本政府一贯致力于产学合作各项法律制度的完善,为产学合作发展建立良好的法制环境.发达国家制定的促进大学知识产业化的相关立法取得了良好绩效,为我国大学知识产业化专门立法提供可资借鉴的经验.     

What does Brexit Mean for the UK's Climate Change Act?

This article examines the potential implications of the United Kingdom's exit from the European Union (so‐called ‘Brexit’) for the success and survival of the country's flagship climate policy, the Climate Change Act 2008. The impact of a ‘soft’ and a ‘hard’ Brexit for the main features of the Climate Change Act are assessed, building on documentary evidence and elite interviews with key policy‐makers and policy‐shapers. The article argues that the long‐term viability of the Climate Change Act was being threatened even before the EU referendum, and that Brexit will do little to improve this situation. Even though the existence of the Climate Change Act is not under immediate threat, a range of issues presented by Brexit risk undermining its successful implementation.     

Determinants and Evaluation of Local Energy‐Efficiency Initiatives from the American Recovery and Reinvestment Act

This article examines variation in local‐level energy‐efficiency grants and corresponding initiatives from the American Reinvestment and Recovery Act (ARRA) in the United States. The analysis is based upon a hurdle model of counts of energy‐efficiency grants received by 348 local governments that received these grants from 2009 to 2013, as well as 348 matched local governments that did not receive such funds. City‐level characteristics including amount of federal financial support, per capita income, signaling of preferences for sustainability policies, manufacturing, and political influences are shown to be empirically important determinants of variation in local energy‐efficiency initiatives. The evidence suggests that all else held equal, the $21.8 billion in ARRA funds expended with the intent of increasing local energy‐efficiency programs and policies successfully led to this end.