公地制度中财产权利的公共性

公地制度中,无论土地还是权利,都可以用common一词来表示,这说明它们都具有公共的性质。公地制度下财产权利的公共性,既表现于公地共同体在对外关系中,集体地拥有和行使财产权利;又表现于共同体成员之间土地财产的混合,以及全体成员行使财产权利方式的集体性。     

Property Rights versus "Public Necessity": A Perspective on Emergency Powers and the Supreme Court

Chief Justice Earl Warren once wrote that a free government is continuously "on trial for its life." ¹ And never are the foundations of constitutional liberties more fragile than in periods of emergency, when government invokes extraordinary powers. Invariably, emergency powers involve the immediate curtailment of some rights; at their extreme in martial law, they can warrant an entire suspension of normal civilian governmental functions, as well as full suspension of due-process guarantees. ² Once the constitutional fabric has been stretched to accommodate urgent public necessity in such situations, moreover, restoration to its earlier condition is not automatic or inevitable. On the contrary, as Justice Robert Jackson presciently warned, once the Supreme Court validates as constitutional the abridgement of essential rights during an emergency—and especially when the Court does so in relation to "the vague, undefined and undefinable 'war power'"—any principle that is thus articulated to justify such emergency action "then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need." ³     

Welfare Theory,Public Goods,and Public Facility Location

The paper discusses a number of issues that are important to the development of a useful normative “welfare theory” of the public space economy. Attention is specifically focused on theoretical welfare economic models of public goods provided at facilities to which consumers must travel for consumption. The recent analysis of Bigman and ReVelle [2] is subjected to critical scrutiny and found wanting. An alternative, more complex but still very simple, analysis is provided.     

Environmental Damage: Pricing and Public Perception

An alternative technique is proposed for estimating the annual value of environmental damage in Australia. Such estimates are rarely made and an alternative approach is proposed to ‘hypothetical’, ‘willingness to pay’ studies. Such studies tend towards overestimation from respondents who are aware of the ‘hypothetical’ nature of the study and are hence ‘willing to pay’ more than they can realistically afford. In order to minimise this, the study has confined responses to the Federal budget, an amount that actually could be spent. Results also reveal the extent of awareness of environmental problems in Australia. Politically these results indicate the high priority areas for environmental action.     

Scaling up Civil Society: Donor Money,NGOs and the Pastoralist Land Rights Movement in Tanzania

Tanzania's pastoralist land rights movement began with local resistance to the alienation of traditional grazing lands in Maasai and Barabaig communities. While these community–based social movements were conducted through institutions and relationships that local people knew and understood, they were not co–ordinated in a comprehensive fashion and their initial effectiveness was limited. With the advent of liberalization in the mid–1980s, they began to gain institutional legitimacy through the registration of pastoralist Non–Governmental Organizations (NGOs). Registered NGOs provided community leaders with a formal mechanism for co–ordinating local land movements and for advocating for land rights at the international level. The connections of pastoralist NGOs to disenfranchised communities, and their incorporation of traditional cultural institutions into modern institutional structures, resonated with the desires of international donors to support civil society and to create an effective public sphere in Tanzania, making these NGOs an attractive focus for donor funding. In spite of their good intentions, however, donors frequently overlooked the institutional impacts of their assistance on the pastoralist land rights movement and the formation of civil society in pastoralist communities. NGO leaders have become less accountable to their constituent communities, and the movement itself has lost momentum as its energies have been diverted into activities that can be justified in donor funding reports. A political movement geared towards specific outcomes has been transformed into group of apolitical institutions geared toward the process of donor funding cycles.     

新公共管理对官僚制是摒弃还是扬弃——基于制度层面的思考

新公共管理是20世纪70年代以后西方各国先后开展的以“企业家政府”为理论模型、以市场化运作模式和私营部门的管理为研究方法、以提高政府工作效率为目的的一项改革运动。新公共管理对政府流程再造的初期的确发挥了一定的作用,提高了行政效率,但是仍然无法改变官僚制的人事制度。新公共管理所提出的私营部门的管理方法,只是对官僚制的修正与补充,是对官僚制的扬弃,而不是摒弃。     

Impure Public Goods, Relative Gains, and International Cooperation

The characterization of the products of international cooperation as public goods has been severely challenged, undermining a central pillar of theories of international cooperation. I review the criticism of public goods assumptions, identifying the need to account for both exclusion and rival consumption in international cooperative arrangements. Drawing on the recent debate of states as relative versus absolute gains maximizers, I offer a characterization of international cooperative arrangements as discriminatory clubs. I develop a refined relative gains model, which focuses on relative net gains, and apply it to a hypothetical situation to illustrate its usefulness in predicting patterns of exclusion and distribution in international trade.     

Property Rights and the Environment in Pastoral China: Evidence from the Field

It is widely perceived that the degradation of China’s rangelands has accelerated since the introduction of rural reforms in the late 1970s. The popular explanation for this phenomenon has been that a ‘tragedy of the commons’ exists, as privately‐owned livestock are being grazed on ‘common’ land. Since the passing of the Rangeland Law in 1985, Chinese pastoral tenure policy has emphasized the establishment of individual household tenure as a necessary condition for improving incentives for sustainable rangeland management. Yet household tenure has yet to be effectively established in many pastoral regions. The first objective of this article is to describe pastoral tenure arrangements in northern Xinjiang‐Uygur Autonomous Region. Its second objective is to explain pastoral tenure arrangements, particularly the observed persistence of collective action. It is argued that there is no ‘tragedy of the commons’ and that it is characteristics of rangeland resources and the social environment that give rise to the particular types of institutional arrangements found.     

Control Over Government: Institutional Isomorphism and Governance Dynamics in German Public Administration

The era of public management change is said to challenge traditional "command and control" modes of governance, encouraging a move toward either more informal forms of (co-) governance or market-type incentives and competition. Regardless of whether these claims are made by reform advocates or by more sceptical observers within the wider governance debate, less attention has been paid by either side on the mechanisms that are supposed to facilitate the spread of new forms of control. This article seeks to advance this state of affairs in two ways. First, it utilizes the notion of institutional isomorphism to explore the nature of change of modes of control. In particular, it assesses the mechanisms for change, whether control mechanisms are changing due to coercive, mimetic, or professional mechanisms. Second, it explores the impact of these mechanisms in the federal context of Germany in two policy domains, prison and local government supervision (in the field of building administration). Finally, this article suggests that cultural theory offers considerable insights for the study of institutional isomorphism by emphasizing conflicting worldviews and the diversity of related policy ideas as driving forces of change in modes of governance.     

西部农村公共产品的有效供给与政府责任

建设社会主义新农村,体现了农村全面发展的要求,也是巩固和加强农业基础地位、全面建设小康社会的重大举措。我国西部农村公共产品供给尚不适应这一要求,政府在农村公共产品供给过程中存在的一些问题,极大地影响了农村经济和社会发展。针对这些问题,本文从六个方面提出了强化政府责任的对策。     

Voluntary Approaches to Environmental Problems: Exploring the Rise of Nontraditional Public Policy

Government reliance on voluntary programs represents a significant shift in public policy: moving from command and control regulations to market based mechanisms. This article explores the determinants of Voluntary Remediation Programs (VRPs) in the American States. During the 1980s and 1990s, 44 states adopted VRPs to facilitate remediation of existing hazardous waste sites. Relying on diffusion of innovation theory, I develop a model of state policy adoption that explores the influence of internal state political and economic factors, as well as testing the influence of regional and top‐down diffusion forces. I utilize a discrete‐time event history approach to test this model. The results indicate that state policymaking is responsive to interest group pressure and the pace of cleanup at hazardous waste sites. Additionally, state policymaking is consistently influenced by the actions of surrounding state governments; the probability of adopting a voluntary program increases if surrounding states have already developed these policies.     

Institutional and Policy Responses to Uncertainty in Environmental Policy: A Comparison of Dutch and U.S. Styles

Uncertainties regarding problem definition and policy response are an endemic pan of environmental decisionmaking. Some standard responses to uncertainty in decisionmaking are analyzed and then used to suggest the importance of learning-oriented policy processes in open, flexible, and adaptive institutional environments. The institutional and policy responses to both types of uncertainties are explored in two different institutional settings: the consensus-oriented setting of the Netherlands and the more adversarial and pluralistic context of the United States. The examination displays tensions accompanying learning-oriented environmental policymaking and the complex impact of institutional environments. Conclusions sketch implications for how to accommodate learning-oriented environmental policy processes.