On the enforcement of specific performance in Civil Law countries

Proponents of specific performance as a remedy for breach of contract have found support in the alleged use of the remedy in Civil Law countries. However, we provide evidence that specific performance is in fact a rare remedy in Denmark, Germany and France, and under CISG, when performance requires actions to be undertaken, and we relate this to costs of enforcement. We argue that it is administratively costly to run a system of enforcement that renders specific performance attractive to the aggrieved party, and that the Civil Law countries have (like Common Law countries) chosen not to incur these costs of enforcement. This is especially clear in the case of Denmark, where specific performance of actions has been abandoned as a legal remedy.At the normative level, we argue that enforcement costs provides an additional rationale, over and above the rationales of the theory of efficient breach, for damages and against specific performance as the general remedy.     

新公共服务:新公共管理的一种替代模式

以丹哈特夫妇为核心的新公共服务理论,融合了当代民主治理的先驱理论———民主社会的公民权理论、社区和市民社会理论、组织人本主义和组织对话理论,建构起比较完整的理论框架,并提出了七项实践措施。作为新公共管理的一种替代模式,新公共服务在构建公共行政的规范理论,以及推动公共服务型政府的建立等方面具有一定的方法论和创新意义。     

日本明治民法典研究(二)

本文主要从日本明治民法典的编纂、编纂过程中的争论、明治民法典的渊源、明治民法典编别体例、明治民法典的主要内容和特色、明治民法典编纂的意义及借鉴意义等方面进行探讨，依据日本民法典编纂的经验教训就我国民法典的编纂提出了笔者的一些看法。     

高校学生受教育权的性质

关于受教育权的性质,学界存在着各种不同的观点。笔者认为,学生的受教育权应为一种民事权利。如此界定,对解决高校教育过程中学校和学生的权利和义务,推动高校教育体制改革具有重要意义。     

Reaching the unreached? Good governance and welfare reform politics in Delhi,India

Good governance scholarship has been preoccupied with the donor-driven conditionalities imposed on aid-receiving developing countries. Limited attention has been given to power struggles and resistance from government actors (bureaucrats and politicians) to embrace internally driven good governance programmes. To address this gap, this article ethnographically examines a good governance initiative of the Delhi government (India) to reform its welfare system in partnership with NGOs. The study indicates that the conflict between government and non-governmental actors over the authority to govern the poor eventually maintained the status quo of the welfare system while the poor remain marginalised.     

Global financial crisis and women's micro-lending innovations in Pakistan and Malawi

Microcredit/finance as a tool to eradicate poverty and empower women in developing countries has been a darling of developed countries. The success stories from microcredit borrowers from Bangladesh, India, and Africa, and global endorsement of microcredit programmes have largely ignored local indigenous initiatives managed by groups of women in rural and urban areas. Evidence from fieldwork in Pakistan and Malawi suggests that although systematically recorded history of such indigenous initiatives is lacking, women in these settings would attest that there exists generational knowledge about such small-scale, group-based micro-lending which can be used to enhance livelihoods in rural households.     

Wiki approaches to wicked problems: considering African traditions in innovative collaborative approaches

Wicked problems are complex problems that are seemingly impossible to solve. However, an analysis of selected traditional African philosophies provides insight into how certain traditions may be applied in a practical sense to address social and environmental problems. Further, many newer collaborative and ‘wiki’-based solutions provide a natural way for Africans and other global actors to participate in lessening the impact of global wicked problems. Ushahidi and the Geo-Wiki Project serve as examples of organisations that have provided a platform for this type of open development.     

A conservation partnership for development? Marine conservation and indigenous empowerment at Mimiwhangata

In New Zealand indigenous participation is identified as a means to achieve effective environmental conservation and indigenous empowerment. This article suggests that within current frameworks the scope for meaningful authority and control to be devolved to indigenous communities is limited. The Mimiwhangata project demonstrates the importance of participatory processes in confronting policy shortcomings. Although the successful implementation of culture-centred conservation offers a conservation model both accommodating state-led goals and providing for indigenous cultural empowerment, structural change is required within conservation policy to achieve this outcome.     

Irish newspaper coverage of NGOs,legitimacy and accountability: what relevance for NGOs?

Based on a quantitative content analysis of Irish Times newspaper articles, this study investigates how Irish relief and development NGOs were linked with the concepts of legitimacy and accountability in newspaper coverage between 1994 and 2009. Key findings included that NGO accountability received more coverage than NGO legitimacy, and “principal-agent” approaches to NGO accountability received more coverage than “stakeholder” approaches. Employing the media theories of agenda-setting and priming, one can infer that Irish Times readers might be more likely to evaluate Irish NGOs in terms of accountability than legitimacy and to consider NGO accountability in principal-agent rather than stakeholder terms.     

Best practice for rural food security projects in Southern Africa?

It has been widely believed that commercialisation is the solution to food insecurity in rural Africa. Project designs have attempted to set up agricultural cooperatives and encourage entrepreneurial farmers. Yet the problems revealed in the 1950s are still widespread. In a counter-perspective, some have argued for the relevance of subsistence and low-input agriculture. This article examines three NGO projects in South and South-eastern Africa which prioritise food security through household subsistence, using low-input technologies, along with an encouragement to produce a surplus for cash. We look at what these projects share and why their strategies work.