Unzulässige Klauseln in Bauträgerverträgen

Die Pflicht zur gesetzeskonformen, ausgewogenen Interessenwahrung in Bautr?gervertr?gen wird bei der Gestaltung der vom Bautr?ger verwendeten Vertragsformbl?tter oftmals verletzt. Konsumentenschutzorganisationen haben diese Praxis kritisiert und die Verwendung gesetzeskonformer Klauseln verlangt. Trotz der vielfach gerechtfertigten Kritik darf die Forderung nach Konsumentenschutz nicht dazu führen, dass es für den Bautr?ger unm?glich wird, die in der Natur des Bautr?gergesch?ftes liegenden grundlegenden Gestaltungs- und Abwicklungskriterien im zul?ssigen Rahmen anzuwenden.     

The G20's role in legitimating global capitalism: beyond crisis diplomacy?

The rising profile of the G20 in the aftermath of the Global Financial Crisis has led to various forms of concern about the legitimacy of this forum. While debates about the legitimacy of the G20 are important and ongoing, they overlook the important observation that the G20 is also attempting to perform a key role in legitimating global capitalism. This role of legitimating global capitalism emphasises the importance of the G20 to act, and be seen to act, to normalise global capitalism, to strengthen global economic governance, and also facilitate a political consensus with regard to key policy issues. This essay critically examines the role that the G20 plays in legitimating global capitalism and contends that the G20 is not just a technical forum of international policy-making but also a political forum for creating and performing visible responses to problems which are seen to be socially responsive.     

Agenda‐Setting at the Energy‐Water Nexus: Constructing and Maintaining a Policy Monopoly in U.S. Hydraulic Fracturing Regulation

Despite calls to increase federal oversight of hydraulic fracturing (HF), the U.S. Congress has maintained a regulatory system in which environmental regulatory authority is devolved to the states. We argue that this system is characterized by a long‐standing “policy monopoly”: a form of stability in policy agenda‐setting in which a specific manner of framing and regulating a policy issue becomes hegemonic. Integrating theories on agenda‐setting and environmental discourse analysis, we develop a nuanced conceptualization of policy monopoly that emphasizes the significance of regulatory history, public perceptions, industry–government relations, and environmental “storylines.” We evaluate how a policy monopoly in U.S. HF regulation has been constructed and maintained through a historical analysis of oil and gas regulation and a discourse analysis of eleven select congressional energy committee hearings. This research extends scholarship on agenda‐setting by better illuminating the importance of political economic and geographic factors shaping regulatory agendas and outcomes.     

Holding Back the Storm: Target Populations and State Climate Adaptation Planning in America

This paper investigates the landscape of state‐level adaptation planning in the United States. We answer three primary research questions: First, how are states planning for climate change? Second, who are states targeting for climate adaptation? Third, what tools are states using to motivate climate adaptation efforts? We develop and implement a coding scheme using Schneider and Ingram’s Social Construction Framework (SCF) to characterize variation in 2033 individual adaptation goals mentioned in all 14 American states with explicit adaptation plans. We use these data to understand the types of tools used to motivate different actors (governmental, private, nonprofit) to adapt to climate change. We find that the most frequent target of state adaptation planning is the state itself, which provides an opportunity to extend the SCF to a target group often not mentioned in public policy. Specifically, we find that states target themselves with mandates or tools designed to acquire information. Other stakeholders in adaptation are more likely to be the targets of capacity building tools. Private actors are the only population more likely to be targeted by incentives. The project expands the Social Construction Framework to include targets and tools of planning efforts. Practically, our article offers a methodology by which to compare the vastly heterogeneous efforts to adapt to climate change at the subnational level.     

On‐Bill Financing Programs to Support Low‐Carbon Energy Technologies: An Agent‐Oriented Assessment

On‐bill financing (OBF) schemes have been welcomed as innovative mechanisms for encouraging the adoption of low‐carbon energy technologies. Yet while the potential effects of these schemes have received growing attention, less is known about their actual performance. Departing from New Institutional Economics and insights from Behavioral Economics, this theory‐driven assessment examines the How$mart^® program in Kansas (United States) and the Green Deal in the United Kingdom. The study identifies the mechanisms designed to trigger behavioral change and technology adoption. We focus on market agents, and related market failures and behavioral anomalies that often prevent energy efficiency improvements. The paper adds to our theoretical and empirical understanding of public and utility‐driven OBF programs applied to the residential sector. Our findings suggest that simple, carefully designed on‐bill programs, where the financing of efficient technologies takes the form of a service rather than a loan, are more effective for the diffusion of low‐carbon energy technology and the reduction of transaction costs. At the same time, on bill‐financing schemes challenge the core business of utilities, and given the complexities and dynamics of energy efficiency markets and energy use, other policy interventions are needed.     

Inside Lobbying on the Regulation of New Plant Breeding Techniques in the European Union: Determinants of Venue Choices

In July 2018, the Court of Justice of the European Union decided that new plant breeding techniques (NPBTs) fall within the scope of the restrictive provisions on genetically modified organisms (GMOs). Previously, various actors had lobbied in order to influence the European Union’s (EU’s) regulatory decision on NPBTs. This study examines the venue choices taken by Cibus, a biotech company that promoted NPBT deregulation. It shows that the firm bypassed the EU level and that it lobbied competent authorities (CAs) in certain member states to gain support for the deregulation of NPBTs. Cibus chose the CAs because their institutional “closedness” reduced the risk of the debate over the deregulation of NPBTs becoming public. However, the CA’s specific competences and their influence on EU decision making were of likewise importance. The firm lobbied CAs based in Finland, Germany, Ireland, Sweden, Spain, and the United Kingdom. Two factors appear to have influenced Cibus’ choices for these countries: high‐level political support for agribiotech and the high relevance of biotech sectors. In contrast, public support for GMOs turned out to have hardly any influence, and virtually no association could be observed for the agricultural application of biotechnology in the past nor for the weakness of domestic anti‐GMO lobby groups. Finally, the in‐depth study on Germany affirms that “closedness” was important for Cibus’ choices and reveals that technical information served as a venue‐internal factor that influenced the firm’s choices.     

Anforderungen an die Bestimmtheit eines Vergleichs als Exekutionstitel

Einem gerichtlichen Vergleich, wonach die Schuldnerin sich verpflichtet, ihre Anteile an einer bestimmten "GmbH in Tschechien an den Antragsgegner abzutreten und alle dafür erforderlichen Urkunden binnen 14 Tagen nach Vorlage zu fertigen", fehlt es an der für einen Exekutionstitel erforderlichen Bestimmtheit.