集团诉讼制度的价值研究——兼评我国的代表人诉讼制度

价值是反映主体与客体之间需要和满足需要的效应关系的范畴,是深刻认识集团诉讼制度的良好视角和工具.集团诉讼价值是法律价值、民事诉讼价值下位的概念.集团诉讼制度的独特品性在于克服集体行动的障碍,共通性在于体现了在新的社会条件下民事诉讼目的论的发展.     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Meta‐Governance of Partnerships for Sustainable Development: Actors' Perspectives from Kenya

The 2030 Agenda for Sustainable Development promotes multi‐stakeholder partnerships (MSPs) as a means of implementation while at the same time putting renewed focus on the need for national‐level ownership and implementation. Despite the fact that an ever growing body of literature on the merits and drawbacks of MSPs delineates several success conditions for partnerships, efforts to translate this knowledge into national‐level meta‐governance for MSPs remain marginal to date. This study outlines the benefits the literature alleges for such “meta‐governance” frameworks, before it uses a country‐level study with a series of stakeholder interviews to take a closer look at national‐level context conditions and lessons learned with regard to two water partnerships in Kenya. Our findings suggest that to date the existing meta‐governance for partnerships in Kenya is rather weak and fragmented. Yet respondents support the view that MSPs could benefit from such a framework, in particular regarding local ownership of MSPs and the potential to scale successful cases. Copyright © 2017 John Wiley & Sons, Ltd.     

New directions for public service reform in developing countries

This paper argues that recent developments in practice and theory provide a more promising basis for public service reform in developing countries than we have had since at least the turn of the century. There have been significant instances of large‐scale reform success, such as Nepal's Public Service Commission and Malaysia's delivery unit, Pemandu, and also “pockets of effectiveness” in individual agencies in many countries. They contribute to a more fruitful and diverse repertoire of reform approaches than generally realized. Policymakers can draw on all those instances and types of reform, together with relevant rich country experiences, as they improvise and tailor responses to their always unique reform problems. Proceeding in this way helps reformers to expand the “reform space” available within the political economy. Donors can help reformers if they facilitate reform in the spirit of the Busan Partnership rather than impose their preferred models. In short, the new direction which this paper identifies can be stated as creative problem solving by local actors facilitated by sympathetic donors, building on examples of reform success and drawing on a repertoire of poor and rich country reform approaches.     

Past as global trade governance prelude: reconfiguring debate about reform of the multilateral trading system

This paper peers backwards into the history of the multilateral trading system and its development over the past half century as a means of considering what may lie beyond the horizon for the future of global trade governance. Its purpose is to underscore the necessity and urgency for root-and-branch reform of the multilateral trading system. It achieves this by comparing and contrasting the global trading system of 50 years ago with its modern-day equivalent and its likely future counterpart half-a-century hence. In so doing, the paper throws into sharp relief not only the inadequacies of global trade governance today but also the damaging consequences of not fundamentally reforming the system in the near future, with a particular emphasis on the past, present and future development of the world’s poorest and most marginalised countries.     

The Politics–Bureaucracy Interface in Developing Countries

The political–bureaucratic interface has been the subject of much academic interest. However, research has tended to focus exclusively on wealthy institutionalized democracies, with little attention given to the political–administrative relationship in developing countries. However, recent evidence from reform processes in poorer nations increasingly highlights the importance of interactions between politicians and bureaucrats. This paper provides a systematic overview of the political–bureaucratic relationship in developing countries and in doing so makes two key contributions. First, it introduces a typology of political–bureaucratic relations based on four models—collaborative, collusive, intrusive, and integrated—discussing examples of each. Second, it analyses the main factors associated with different models of political–bureaucratic relations and considers how countries can move from one model of relations to another. The paper provides a much‐needed entry point for scholars and policymakers to better understanding the relationship between politicians and bureaucrats in developing countries. Copyright © 2017 John Wiley & Sons, Ltd.     

Signing up to devolution: the prevalence of contract over governance in English devolution policy

Initial analyses of the ‘devolution deals’ that form the cornerstone of current efforts to devolve power within England assess the policy against conventional governance criteria: accountability, transparency, and the quality of governance systems. In fact, English devolution policy has little connection with territorial governance. Instead, it closely resembles a contractual process, with central government determining the terms on which it will outsource specified programmes and projects to local governments, complete with requirements for ‘business readiness’, implementation plans, evaluation requirements, and future joint working. Accountability, governance and even geography take second place to the aim of improving central policy outcomes via a contract-style relationship. This perspective is styled ‘post-territorial devolution’: it accounts more effectively for the shape of the policy so far than traditional governance perspectives, which are often laced with normative positions.     

Advocacy Coalitions in Ontario Land Use Policy Development

In 2005, the Ontario government passed the Places to Grow Act and the Greenbelt Act, both major changes in land use policy designed to preserve greenspaces and combat urban sprawl in the Greater Golden Horseshoe, Canada's largest conurbation. This article examines the actors, actor beliefs, and inter‐actor alliances in the southern Ontario land use policy subsystem from the perspective of the Advocacy Coalition Framework (ACF). Specifically, this paper undertakes an empirical examination of the ACF's Belief Homophily Hypothesis, which holds that inter‐actor alliances form on the basis of shared policy‐relevant beliefs, creating advocacy coalitions. The analysis finds strong evidence of three advocacy coalitions in the policy subsystem—an agricultural coalition, an environmentalist coalition, and a developers' coalition—as predicted by the hypothesis. However, it also finds equally strong evidence of a cross‐coalition coordination network of peak organizations, something not predicted by the Belief Homophily Hypothesis, and in need of explanation within the ACF.     

Are integrated impact assessments the way forward for mainstreaming in the European Union?

This article assesses the utility of impact assessments (IAs) as an effective tool for mainstreaming. Specifically, it analyses whether the European Union's (EU's) system of integrated impact assessments (IIAs) contributes to the realization of six mainstreaming objectives defined in the EU treaties. The article first studies whether the legal framework for the EU's system of IIAs makes it a viable tool for mainstreaming. It then proceeds with an empirical analysis of 35 IAs to assess the extent to which mainstreaming objectives are taken into account in practice. The analysis shows that all six mainstreaming objectives have a place within the IIA system, but the system does not ensure systematic consideration of them. There is considerable variation across mainstreaming agendas, as well as across Directorates‐General. The article concludes that the IIA system is no panacea for mainstreaming, and proposes changes to the institutional framework to improve its mainstreaming potential.