A Framework for Understanding Consensus-Building Initiation

The potential of consensus building is dependent upon overcoming difficulties associated with the challenges in getting parties to the table. This article builds a framework for understanding the factors and variables most fundamentally involved in the initiation of consensus-building efforts. Nine factors involved at the beginning of a consensus-building process are identified and outlined. The framework is structured on three major functions of the initiation phase: the definition of the problem, the structure of negotiation, and the motivation to participate.     

Bringing Horses to Water? Overcoming Bad Relationships in the Pre-Negotiating Stage of Consensus Building

This article uses a case-study methodology to explore the impact of problematic relationships on the initiation of consensus-building efforts. The article notes that poor relations hinder the initiation process, while the expectation of benefits likely to result from the effort fosters the involvement of parties. The association between poor relations and expected benefits is explored with a focus on the appeal of collaboration. Strategies are then outlined to help facilitators to deal with problematic relationships by mitigating poor relations, highlighting incentives for participation, and building on the appeal of collaboration. Facilitators can use these strategies to increase their chances of success in initiating consensus-building efforts.     

The Negative Impact of Attorneys on Mediation Outcomes: A Myth or a Reality?

Mediators often do not welcome the presence of attorneys at the mediation table. Because of the apparent contradictions between both professions, many mediators believe that the presence of attorneys is prejudicial to the mediation process. Using empirical data collected from workplace mediation cases, we have explored the actual impact of the presence of attorneys. Our results indicate that the presence of an attorney does not significantly affect the outcome of a mediation, with two exceptions. First, the presence of attorneys in a mediation process reduces the parties' level of satisfaction with the mediator. Second, the presence of an attorney would appear to hinder the level of reconciliation possible between the parties.     

Technical efficiency measurement within the manufacturing sector in Côte d'Ivoire: A stochastic frontier approach

This article analyses the productive performance in four manufacturing sectors of the Ivorian economy: textiles and garments, metal products, food processing, wood and furniture. To appraise the productive performance, econometric production frontier models are estimated, illustrating the maximum output attainable from a given quantity of inputs. The frontier and firm efficiency scores are derived from stochastic production functions estimated on cross-sectional data. The stochastic specification of the models allows for the decomposition of the error term into two components, one the normal random effect and the other to account for technical inefficiency that we explain by various exogenous variables describing the economic and institutional environment. Firm size proves to be a statistically significant determinant of the productive performance. Across the four sectors, the positive impact of being large compensates the negative effect of a formal institutional status in an environment where government regulations still prevail.     

Leniency Program: A New Tool in Competition Policy to Deter Cartel Activity in Procurement Auctions

This paper discusses the impact of a leniency program on incentives within cartels. The objective of this program is to encourage a cartel member to confess and implicate his co-conspirators with hard evidence about their collusive agreement. We develop a simple model of cartel behavior under a first-price sealed-bid procurement auction and we show how an effective leniency program can prevent the internal coordination of cartel members.     

In the name of charity: Institutional support for and resistance to redefining the meaning of charity in Canada

This article examines how state institutions shape the meaning of charity in Canada. It concludes that the courts have made limited changes to the meaning of charity and that the Department of Finance has resisted redefining charity. In contrast, the Canada Revenue Agency's Charities Directorate has worked to update the meaning of charity, but it does not have the power to amend the tax laws so its changes have been primarily administrative. While these administrative changes may not overcome the central public policy issue related to a narrow interpretation of the meaning of charity, they could shape future definitions depending on the voluntary sector's ability to mobilize around this issue and the receptiveness of the federal government.     

Some Norwegian politicians' use of cost-benefit analysis

Members of the Norwegian Parliament were interviewed about their use of cost-benefit analysis in the political treatment of a road investment plan. Most respondents found the cost-benefit ratio useful as a screening device to pick projects requiring closer political attention, but few seemed to actually use it to rank projects. Attitudes towards cost-benefit analysis varied along the left-right political axis, with politicians to the left being the most sceptical. These findings are consistent with a hypothesis that politicians rationally maximize subjective, but different, perceptions of social welfare.     

The civil liability of European nuclear operators: which coverage for the new 2004 Protocols? Evidence from France

In Western Europe, the nuclear liability is governed by two international conventions, drafted by the Nuclear Energy Agency of the OECD: the Paris (1960) and Brussels (1963) Conventions. These conventions traditionally limited the liability of the nuclear power plant operators to relatively low amounts. In France, the liability of the (state owned) operator of €91 million is covered by insurance (for €31 million) and reserves (for €60 million). A recent modification to the conventions occurred in 2004 and increased the liability limit to €700 million. In this paper we aim to evaluate the costs for covering the increased liability for the nuclear risk after the introduction of the 2004 amendments. In order to do so, we calculate the actuarial insurance premium for the nuclear risk and find that the current premium charge is very large. The paper tries to explain the high price of nuclear liability insurance. Also the costs of the own reserves for the coverage of potential nuclear accidents are examined. We then aim to evaluate the different options (mostly insurance and reserves) and indicate the optimal combination of both instruments to cover the future operators’ liability limit, introduced by the latest 2004 amending Protocols.

Seed wars and farmers’ rights: comparative perspectives from Brazil and India

Drawing on interviews with Indian and Brazilian farmers’ rights activists, lawyers, agronomists and plant breeders, this article aims at better understanding how farmers’ rights are protected on paper and implemented on the ground in these two countries. Brazil and India offer important case studies because they are biologically megadiverse countries, and because small farmers represent an important segment of the rural economy. In this article, I show that India has adopted an ownership approach to farmers’ rights, while Brazil leans towards a stewardship approach. Based on an examination of the progress made in enforcing these rights, I further argue that the stewardship model adopted by Brazil is more conducive to the realization of farmers’ rights, and I explore why this is the case. Finally, I show how farmers’ rights provisions in the Brazilian and Indian legislations represent fragile gains that could be curtailed by several bills currently under discussion in the field of seed and plant variety protection.