VimarSeguros诉M／V．SkyReefer案后撤销外国法院管辖条款的尝试

本文主要介绍美国最高法院审理的 Sky Reefer案的判决对美国法院认定提单中外国法院管辖条款的效力产生的重大影响 ,并介绍了 SkyReefer案之前及之后发生的重要案例以认识美国法院对该条款的态度转变过程。最后 ,作者根据实践提出了自己主张的可行办法     

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.     

The paradox of policy analysis: If it is not used,why do we produce so much of it?

This article explores the apparent paradox that our society invests heavily in policy analysis when empirical studies, political science theory, and common wisdom all suggest that analysis is not used by policymakers to make better policy decisions. It offers a critique of the traditional view of policy analysis and presents an alternative view derived from contemporary literature on the policy process and decisionmaking. The alternative view suggests that there are legitimate uses for analysis other than the problem‐solving use originally envisioned but apparently rarely attained. The two views imply different patterns of use of analysis by legislative committees—a contrast that I subject to an empirical test. An examination of quantitative data on policy analysis use by congressional committees from 1985 to 1994 lends support for the alternative view. The research has two implications. First, despite its scientific origins, policy analysis may be a more effective instrument of the democratic process than of the problem‐solving process. Second, the profession of policy analysis may be in better shape than many who are calling for fundamental changes to its practice seem to believe. © 1999 by the Association for Public Policy Analysis and Management.     

Safety Considerations in Political Decisions: A Case Study of Changes to the Norwegian Aviation System

Following the international deregulation act of 1994, the structure of the Norwegian aviation system has undergone several important changes. This paper describes the terms dictated by the political environment and the different administrations for implementing the changes. Our analysis addresses the inclusion of safety considerations in the specific decisions, and questions whether safety evaluations have had any impact on the change processes. The changes included the restructuring of airlines, new terms of competition, regulatory changes, the separation and relocation of the civil aviation authority, and privatization and efficiency reforms in the new infrastructure company. Safety in aviation and the risk of aviation accidents were not issues that featured prominently during the early change management processes. These aspects were first considered when the parties realized that changes were imminent and conflicts began to emerge. The different parties involved used the safety concept in various ways to legitimize or counteract changes. Our analysis concludes that risk is a complex concept that is difficult to communicate in a rational political decision process, but the emotive element in the risk concept opens for political speculations that facilitate discussion of ethical responsibilities.     

Why Do Citizens Vote Against Their Basic Political Values?

The literature on correct and consistent voting has focused on issue‐opinions and argument‐positions when examining whether vote decisions correspond to individual political preferences. However, the question whether vote decisions align with basic political values has largely been neglected so far. This paper introduces a novel measure named value consistent voting. It finds that, in Switzerland, around 25% jettison their basic political values when deciding on proposals. Using multilevel regression analysis of survey data, this paper investigates the determinants of value consistent voting. Three theoretical approaches are tested; the sophistication, identification and ambivalence hypotheses. The results show that political sophistication and identification foster value consistent voting. Moreover, there is an interaction between education and adhering to the preferred party’s vote recommendation. This finding supports the thesis that highly educated citizens use heuristics most efficiently. However, the more ambivalent people are, the more often they vote against their basic political values.     

Citizen Advisory Committees: A Tool to Remedy the Shortcomings of the Contingent Valuation Method Within the System of Multi-Level Governance

The Contingent Valuation Method (CVM) is an economic analysis tool used to measure the utility of producing of public goods, based upon individual’s declared preferences. The public decision-maker is thus able to arbitrate between the expenditure to be made. The approach has been deployed in a centralist conceptual plan, leaving little room for citizens in the decision-making process and it has been undermined by the rise in power, notably in Europe, of multi-level governance. The decision-maker is no longer alone in this process and public decision-making must operate on the basis of common views adopted by various levels of government that should also establish much stronger links with the citizen-users of public goods. This article analyzes the operational impact of Citizen Advisory Committees (CAC) as participative tools of CVM that result in an effective cooperation between the various public actors and the civil society in public decision-making.     

信息社会化给政府决策带来的机遇和挑战

本文对政府部门的决策结构与信息结构进行分析的基础上 ,阐述了由于社会的高度信息化使产业结构日益朝着技术密集与知识密集的方向发展 ,这种趋势使经济结构正逐步建立在以现代科学技术知识为基础的新的技术体系上。在以电子计算机为物质基础的新的经济结构中 ,信息社会化是社会逐步进入知识经济时代的外部特征。社会的高度信息化 ,使政府部门在决策方面所面临的是机遇和挑战并存的双重局面。     

Human Factors Effecting Forensic Decision Making: Workplace Stress and Well‐being

Over the past decade, there has been a growing openness about the importance of human factors in forensic work. However, most of it focused on cognitive bias, and neglected issues of workplace wellness and stress. Forensic scientists work in a dynamic environment that includes common workplace pressures such as workload volume, tight deadlines, lack of advancement, number of working hours, low salary, technology distractions, and fluctuating priorities. However, in addition, forensic scientists also encounter a number of industry‐specific pressures, such as technique criticism, repeated exposure to crime scenes or horrific case details, access to funding, working in an adversarial legal system, and zero tolerance for “errors”. Thus, stress is an important human factor to mitigate for overall error management, productivity and decision quality (not to mention the well‐being of the examiners themselves). Techniques such as mindfulness can become powerful tools to enhance work and decision quality.     

Caught in the Act: States Doing Some Things Right in Juvenile Justice

Bashing of juvenile justice systems in the United States is commonplace. We wondered if this is justified. As a product of our everyday practice and academic assessment, this article draws attention to salutary developments on several fronts, including reduced confinement, systematic assessment of child risks and needs, including use of structured decision‐making tools, evidence based services, and construction of comprehensive service plans. Our goal is to draw attention to best practices such as these that can lead to further advancements in juvenile justice systems.     

有限理性视野下侦查风险决策研究

侦查决策的正确与否直接关系到侦查工作的成败,在侦查工作中具有举足轻重的作用.侦查决策的对象是刑事案件,且在决策过程中要受到侦查决策主体、决策路径、案件具体情况、决策压力等多方面因素的影响,是一种有限理性基础上的风险决策.针对风险决策,必然需要有一定的评价标准来衡量侦查决策,以期保证侦查决策更加准确,更能够实现侦查工作的最终目的.