Assessing side-payment and cost-sharing patterns in international water agreements: The geographic and economic connection

To a large degree, conflicts over transboundary freshwater resources arise because property rights have not been clearly defined. International water law provides only hints and suggestions as to how states should resolve their water disputes, since legal principles and clauses are ambiguous and contradictory. But conflict often creates a need for cooperation, which is achieved by means of negotiations, and the specific outcome of negotiations is almost always codified in an international treaty. This article considers bilateral water agreements for rivers with particular geographical configurations and aims to answer a fundamental question: how and why do bilateral treaties vary in their design? Further, it examines international freshwater treaties to deduce the nature of treaty remedies, particularly the side-payment and cost-sharing arrangements, used for resolving conflict over rivers shared by two countries. The theory and testable hypotheses consider geography and economics in order to explore treaty design. In essence, the ‘willingness to pay’ of one of the states reflects on the property rights solution and can be explained by geography and economics. Three geographical configurations are investigated here. The findings affirm that side-payments frequently occur to offset an asymmetric geographical relationship between upstream and downstream states, and are commonly regarded as an appropriate instrumentality for solving a property rights dispute. Side-payments are non-existent when the geographic relationship among the riparians is symmetric and costs for the joint project are most always equally shared. As expected, in this latter case, the geography of the river acts as a focal point for equal participation. When economic differences are taken into account, especially when the upstream state is richer, the side-payment outcome is reversed. As expected, richer states internalize the costs of taking action in favor of poorer downstream states. When the geographical relationship between the riparians is of a symmetrical nature, while the economic relationship between the states is of an asymmetrical nature, the richer state often assumes the bulk of the cost burden. In this way, it provides a side-payment to the poorer state. Such patterns reveal how property rights disputes over issues such as water quantity, hydropower, pollution abatement, and flood control have been concluded. They suggest how ongoing disputes may be resolved.     

TOWARDS SHARED OWNERSHIP: PROPERTY,GEOGRAPHY, AND TREATY MAKING IN BRITISH COLUMBIA

In British Columbia, Canada's westernmost province, unresolved Aboriginal claims to land remain highly contentious. Since the early 1990s, a unique treaty negotiation process has sought to resolve questions about land ownership and establish a new relationship between Aboriginal peoples and the Crown. After almost two decades, the limitations of this treaty process are increasingly evident and answers to the land question remain elusive. This article examines this treaty‐making process through a property lens, focusing on how particular models of property are privileged by and produced through this approach to treaty. I argue that the treaty process, as currently structured, works to entrench dominant Western forms of property across Aboriginal territories in a highly separate and unequal manner, and as such, serves to reinscribe asymmetrical relations of power between Aboriginal peoples and the Crown. To a considerable extent, this asymmetrical approach to property making explains the lack of progress towards treaties. The final part of the article explores alternative approaches to treaty proposed by Aboriginal groups. I argue that these proposals, which reflect Aboriginal understandings of property, offer a new and more promising direction for treaty making. In particular, the emphasis on sharing lands and resources, as well as the wealth generated from these, provides a path to reconcile competing property interests and to build a new and more respectful relationship between the Crown and Aboriginal peoples. I suggest that the difficulties of treaty making in British Columbia reflect broader challenges associated with land restitution and reconciliation in settler colonies.     

The Sino‐Soviet Conference, 1924–1927

Soviet Union issued two declarations toward China in 1919 and 1920, promising to nullify all treaty privileges in China previously established by the Tsarist government voluntarily. However, in the formal negotiations Karakhan insisted that old treaties must be replaced by new treaty. Finally, the Sino‐Soviet Agreement, literarily, “Agreement on General Principles for the Settlement of Outstanding Questions”, signed in May 1924 and diplomatic relations restored at once, a conference was stipulated to meet within one month to solve all questions and to conclude a formal treaty. Nevertheless, the conference was postponed for more than a year; when it did convene too many controversies led it nowhere. Since no treaty was produced at the Sino‐Soviet Conference, the old treaties were not abolished, therefore the Soviet's promises were never practiced.     

Climate triggers: Rainfall anomalies,vulnerability and communal conflict in Sub-Saharan Africa

The mounting evidence for climate change has put the security implications of increased climate variability high on the agenda of policymakers. However, several years of research have produced no consensus regarding whether climate variability increases the risk of armed conflict. Many have suggested that instead of outright civil war, climate variability is likely to heighten the risk of communal conflict. In particular, erratic rainfall, which reduces the availability of water and arable land, could create incentives for violent attacks against other communities to secure access to scarce resources. Yet, whether groups resort to violence in the face of environmentally induced hardship is likely to depend on the availability of alternative coping mechanisms, for example through market transfers or state accommodation. This suggests that the effect of rainfall anomalies on communal conflict will be stronger in the presence of economic and political marginalization. We evaluate these arguments statistically, utilizing a disaggregated dataset combining rainfall data with geo-referenced events data on the occurrence of communal conflict in Sub-Saharan Africa between 1990 and 2008. Our results suggest that large negative deviations in rainfall from the historical norm are associated with a higher risk of communal conflict. There is some evidence that the effect of rainfall shortages on the risk of communal conflict is amplified in regions inhabited by politically excluded ethno-political groups.     

Wildlife trade, sanctions and compliance: lessons from the CITES regime

The international community possesses a powerful tool to control wildlife trade—the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). For over 20 years it has used trade sanctions as the cornerstone of a unique compliance system that has evolved through practice and secondary rules. This article discusses the mechanisms through which sanctions are imposed and assesses their effectiveness. The CITES compliance system has evolved largely in isolation from other environmental treaties, yet there are lessons that could be learned by other trade-related agreements that are in the process of developing their mechanisms to address non-compliance. CITES is particularly dependent on a sanctions-based approach because of the lack of funds to support capacity building. The article demonstrates through the national legislation project how sanctions used to back-up technical assistance can indirectly build capacity to implement the treaty. It concludes by arguing that guidelines on compliance currently under negotiation risk undermining the CITES compliance system and eroding the gains of the last three decades.     

Water,Geopolitics, and Economic Development in the Conceptualization of a Region

Two U.S.-based geographers outline three dimensions (geopolitical, economical, and biophysical) used to define the basin of the Mekong River as a region, which reveal multi-scalar water governance policies and discourses that lie at the core of current challenges and tensions within the basin. Drawing on their extensive knowledge and fieldwork, the authors demonstrate that processes integral to the framing of the Mekong as a region of economic integration and international cooperation (water resource development through construction of large dams) conflict sharply with the functioning of the Mekong as a region of highly connected biophysical processes. The approach utilized in the paper can be applied to the study of other transboundary river-basin regions in Eurasia and elsewhere facing similar contradictions among the geopolitical, economic, and biophysical dimensions used to define them. By focusing on a region as constructed simultaneously through multiple social and biophysical processes, the authors contribute to current debates within geography and related fields on the nature of regions.     

The Signing of the Sino-Iranian Treaty of 1920

This article looks at the efforts China and Iran made towards strengthening themselves and their search for independence and integrity after the First World War. Since the nineteenth century, the two countries had been in a similar situation, under pressure from treaties and rivalries with European powers. The change of the world order brought about by the 1914–18 war created an opportunity for China and Iran to claim back their rights, such as ending extra-territoriality. After the war, the Fourteen Points drawn up by the American president, Woodrow Wilson, gave hope for China and Iran to maintain their independence and integrity. During the Paris Peace Conference of 1919, China and Iran made both gains and losses. China was unable to solve the Shandong Problem but became one of the founding members of the League of Nations, while Iran did not get access to the Peace Conference but obtained Britain’s assurance of independence and integrity by signing the Anglo-Iranian Treaty of 1919, and then joined the League of Nations. China and Iran attempted to bring about cooperation between Asian countries, and therefore signed a treaty in 1920. The significance of the treaty was that the two countries agreed not to grant extra-territoriality to each other, which was what both countries were seeking to achieve at that time.     

《中苏友好同盟条约》与《中苏友好同盟互助条约》之比较

中苏两国于1950年2月14日签订的《中苏友好同盟互助条约》是新中国成立后对外签订的第一个双边关系条约。该条约的签订反映了人民革命胜利后,中华人民共和国与苏联之间建立了完全新型的关系,标志着中苏关系从此走向一个全面合作的历史时期。通过对《中苏友好同盟互助条约》与苏联同中国国民党政府在1945年8月14日签订的《中苏友好同盟条约》的比较来看,《中苏友好同盟互助条约》是中苏双方在充分协商、积极对话的基础上产生的,所强调的不仅是同盟,更是互助与合作。     

Regulating Investment Abroad: The Political Economy of the Regionalization of Singaporean Firms

This paper attempts to understand the regionalization of national firms from Singapore within the methodological construct of the regulationist perspective. It aims to demonstrate the usefulness of some concepts in the regulationist perspective for explaining restructuring processes in developing countries, and to evaluate critically the role of some of these concepts—such as regimes of accumulation and modes of social regulation—in illuminating the internationalization of capital through transnational corporations and their associated foreign direct investment. In particular, the paper argues that Singapore's export-led regime of accumulation manifests inherent contradictions in its dependence on foreign capital, the domination of the domestic economy by state-owned enterprises, and the relative underdevelopment of indigenous entrepreneurship. While this accumulation process was embedded in an earlier set of social and institutional mechanisms, its contradictions and tensions were not appropriately regulated and contained. When Singapore experienced two major external economic crises in the mid-1970s and 1985, these shocks and their internal tensions triggered a continuous process of economic restructuring regulated by a distinct combination of social and institutional mechanisms, or "fixes." One such institutional fix in recent years has been the promotion of the regionalization of Singaporean firms through the social regulation of local labor markets and the state-led establishment of institutions to facilitate the regionalization drive.     

Supporting ‘Film Cultural Peripheries’? The dilemmas of regional film policy in Norway

Public funding is crucial for the small Norwegian film industry. Based on an analysis of policy documents and interviews with regional film workers, this article discusses the implementation of regional film policy in Norway, and the tensions it has caused between center and periphery with respect to the allocation of funding. The creative industries discourse and the cluster concept are important for understanding this implementation; despite the new regional film policies the capital Oslo remains the undisputed hub of film production, and low production volume is still a challenge for the regions. Size, the article explains, is not only central when discussing Oslo as compared to the regions, but has also become a contentious issue within the regions. A key concern for the government, the article suggests, is how to create strong film milieus all over the country, which may entail the risk of spreading funding too thinly across the regions, resulting in a fragmented industry.     

The US–Australia free trade agreement: The interface between partisan politics and national objectives

The literature on the drivers behind bilateral treaties implies an assumption that international treaties are entered into primarily to achieve national objectives, not partisan political goals. This paper investigates whether this assumption is valid, using as a case study the recently enacted US–Australia Free Trade Agreement. A stated original purpose for the agreement—increasing access to the US market for Australian agricultural products—would yield significant economic benefits for Australia. However, when it became clear that this goal would not be achieved, the objective of the Australian government shifted. The most plausible explanation for the shift is that domestic political objectives had moved to the fore and prompted the government to pursue and adopt the treaty despite some evidence that it might not be in the national interest to do so.     

Design paths of federal intergovernmental cooperation

Actors rarely approach institutional design choices with a blank slate but are influenced by design choices made at earlier stages. How does institutional design evolve over time and are there specific paths to deepening cooperation? We investigate the institutional design paths of subnational cooperation that are chosen to address increasingly complex and interconnected policy problems. We theorize that besides the substantive problem, earlier choices matter to explain what institutional design mechanism is chosen; that is, the design of existing institutions between two subnational governance units, called substates, influences the design of subsequent institutions. Using a semi-parametric Cox proportional hazards model, we show that the design paths of subnational cooperation in the Swiss water governance sector correlate with earlier design choices. Our results indicate that not all cooperation is self-reinforcing and path-dependent, but they show which specific design choices are more likely to follow each other in repeated formal federal intergovernmental cooperation.     

The Third Review Conference of the Chemical Weapons Convention and beyond: key themes and the prospects of incremental change

States parties to the Chemical Weapons Convention (CWC) will convene for the Third Review Conference of the treaty in April 2013. With the destruction of chemical weapon stockpiles more than 75 per cent complete and ongoing changes in the scientific, industrial and security environment in which the CWC operates, some have argued that major adaptations in the implementation of the treaty are required. However, on the basis of regular participant observation at CWC meetings of states parties and extensive document analysis this article argues that changes in treaty implementation will be only of an incremental nature with the Organization for the Prohibition of Chemical Weapons (OPCW) taking on new tasks in the areas of chemical terrorism and safety and security, alongside traditional core areas of activity in CWC implementation such as verification of chemical weapon disarmament, non‐proliferation or, rather, non‐acquisition of chemical weapons, protection and assistance against the threat or use of chemical weapons, and international cooperation in the peaceful uses of chemistry. Taking into account the evolution of these areas of concern in combination with the consensus‐based institutional culture of the OPCW supports the expectation of only incremental changes being adopted at the Third CWC Review Conference. These expectations tie in with the findings of organizational analyses in other political contexts, which highlight the path dependency of many institutions once they are created.     

The Search for National Identity and Japanese Industrial Policy, 1950–1969

Abstract. Economic nationalism reflected in Japanese industrial policy experienced two distinctive stages during 1950–69. It was fragmented in the 1950s as political actors held competing perceptions of national interest and consequently asserted contesting strategies for industrial policy. The tensions between the conservative and the progressive eventually led to a clash in 1960 on the issue of the renewal of the Japan–US security treaty. Economic nationalism began to unify the country in the 1960s as political actors were able to build a consensus on national interest based on economic growth and united around a grand strategy of high growth and liberalisation of trade. During this transition, the perceived external threat to the nation was a major force in generating the momentum for economic nationalism in policy-making, while a fair distribution of economic welfare among social classes through industrial policy was indispensable for economic nationalism to obtain public support.     

‘That Moral League of Nations against the United States’: The Origins of the 1856 Declaration of Paris

The Declaration of Paris, signed by seven European powers on 16 April 1856, is almost forgotten today. Yet it marks the beginning of modern international law as we know it: multilateral treaties open for accession by all powers with the intention of creating new universal rules. Its extension of neutral rights to trade undisturbed in peace-time was a radical reversal of the centuries-old British tradition of extensive belligerent rights. But there is no convincing explanation why Britain signed this treaty and lobbied for its global acceptance. This article shows that the Declaration was a package deal in which Britain accepted broader neutral rights but gained the abolition of privateering. Privateering was no anachronism, but the linchpin of US strategy in case of a conflict with Britain. The Declaration of Paris closed most of the world's ports to privateers and thus ended the practice. The Declaration was also the first multi-lateral law-making treaty and marks the invention of the main instrument we use today to create international law.     

Smart specialization as a strategy to develop early-stage regional innovation systems

ABSTRACT

This paper discusses the role of smart specialization in catalyzing the development of early-stage regional innovation systems in less advanced regions, either by facilitating the emergence of some defining elements that were lacking or accelerating the development of others, such as: a regional knowledge base and a dynamic learning process, institutional structures, network integration mechanisms among key innovation actors, regional industrial specializations, and collective identities. The paper exemplifies this process with the case of Romania, a country where the research and innovation system is centralized at national level and regional innovation systems are in the early days. The transformations taking place in the Romanian regions within the process of implementing smart specialization, assisted by the European Commission's Joint Research Centre in the project “Targeted Support to Smart Specialization in Romania”, suggest a dynamic coagulation of institutional, financial, policy, and human factors that catalyzed the development of regional innovation systems in the country and introduced a novel approach to innovation policy.     

Threading a needle: Kazakhstan between civic and ethno‐nationalist state‐building

This paper examines the state‐building project in Kazakhstan since independence in 1991. It argues that both civic and ethno‐nationalistic tendencies in state‐building can be identified but that it is not any particular trajectory of nationalism in Kazakhstan that is of significance so much as the tensions between two very different trajectories. We argue that, at least to date, the government has succeeded in managing these tensions quite effectively both at the policy level and in its relations with different ethnic groups and neighbouring states. Whether Kazakhstan can continue to manage these tensions in the post‐Nazarbayev era is one of the most significant questions facing the country.     

Debating Natural Law in the Banda Islands: A Case Study in Anglo–Dutch Imperial Competition in the East Indies, 1609–1621

This article examines Anglo–Dutch rivalry in the Banda Islands in the period from 1609 to 1621, with a particular focus on the process of claiming initiated by the Dutch East India Company (VOC) and English East India Company (EIC). Historians have paid little attention to the precise legal justifications employed by these organisations, and how they affected the outcome of events. For both companies, treaties with Asian rulers and peoples were essential in staking out claims to trade and territory. Because so many different parties were involved, individual documents had to serve multiple purposes, both on the ground in the East Indies and at the negotiating tables back in Europe. Whenever a VOC or EIC official presented a treaty to a Bandanese leader, he had to recognise local power structures in the Spice Islands, but also needed to consider his European competitors in the area, his superiors in Batavia or Bantam, and the company directors back in Amsterdam or London. Consequently, the safest and most reliable course of action was to make as many arguments as possible, piling them on top of one another. The result was an inherently messy process of claiming, yet one that was also clearly intelligible to most parties involved, including Asian rulers and peoples. A constantly changing legal suite extended to freedom of trade and navigation, contracts and alliances with native peoples, just war, conquest, actual possession, and the (perceived) surrender of native sovereignty to European authorities.     

Locating creative city policy in East Asia: neoliberalism,developmental state and assemblage of East Asian cities

This paper attempts to map how creative city policy emerged as a new form of urban politics in East Asia. It locates the emergence of creative city policy within the East Asian context, where the current political economic movement of neoliberalism intersects with the developmental state’s historical legacy. By investigating institutional and economic practices and consequences of creative city policy in Seoul and Yokohama, this study focuses on how the urban place become carefully rearranged settings through certain procedural, institutional, and technical mechanisms implemented by various discursive and material practices of policy actors. Through this analysis, this research critically reexamines the key rationales of creative economy driven-development and considers the social costs and tensions between the state, capital and citizens that are embedded within the new creative city policy discourse.     

International Environmental Treaty Engagement in 19 Democracies

This study examines the regular pattern of involvement of 19 democratic states in relation to 15 international environmental treaties over the past 20 years. An attempt is made to understand what accounts for the international environmental engagement of democratic states through an empirical evaluation of four theories, specifically structural conditions, political institutions, idea-based, and international connectivity theory. Rather than case study analysis or an evaluation of a single country or theory, the value of the study is its comparative statistical evaluation of multiple indicators of four rival theories across 19 countries. Empirical findings reveal that the strongest causal forces underlying collaborative democratic state behavior are the citizenry's postmaterial orientations and executive-centered political institutions. International environmental commitments among democracies are constructed by the cultural composition of the polity and institutional rules that centralize ratification procedures, rather than by structural conditions and international forces. The study thus corroborates the idea-based theory's emphasis on the underlying values of the citizenry and the institutional theory's emphasis on domestic policy processes.