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Full-Text Articles in Environmental Policy

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos Mar 2012

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.


Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos Sep 2011

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …


Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos Apr 2011

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …


From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos Jul 2010

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …


Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos Jun 2010

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …


Spanning Policy Silos In Urban Development And Environmental Management: When Global Cities Are Coastal Cities Too, Herman L. Boschken Sep 2009

Spanning Policy Silos In Urban Development And Environmental Management: When Global Cities Are Coastal Cities Too, Herman L. Boschken

Herman L. Boschken

No abstract provided.


Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella Feb 2008

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the …


A Multiple-Perspectives Construct Of The American Global City, Herman L. Boschken Jan 2008

A Multiple-Perspectives Construct Of The American Global City, Herman L. Boschken

Herman L. Boschken

PAPER ARGUES AND TESTS THE PROPOSITION THAT THE GLOBAL CITY IS BEST DESCRIBED AND ANALYZED FROM A HOLISTIC CONSTRUCT OF COMPETING PERSPECTIVES. IT EMPLOYES FACTOR AND K-MEANS CLUSTER ANALYSIS TO DIFFERENTIATE 53 US URBANIZED AREAS.


Social Class, Politics, And Urban Markets: The Makings Of Bias In Policy Outcomes, Herman L. Boschken Jan 2002

Social Class, Politics, And Urban Markets: The Makings Of Bias In Policy Outcomes, Herman L. Boschken

Herman L. Boschken

No abstract provided.


Chapter 10: Upper-Middle-Class Politics And Policy Outcomes: Does Class Identity Matter?, Herman L. Boschken Jan 2001

Chapter 10: Upper-Middle-Class Politics And Policy Outcomes: Does Class Identity Matter?, Herman L. Boschken

Herman L. Boschken

This chapter in Clark and lipset's book on class in American politics resulted from a multi-day workshop at the Woodrow Wilson Center for International Scholars in the summer of 1999. The piece reverses the normal causality of class politics. It does not analyze citizens in elections, but government officials creating policies. It asks why policies differ across localities (specifically public transit decisions in 42 U.S. metropolitan areas). It probes how some government officials work with an "upper-middle-class" citizenry in mind, while others do so less. The chapter then tests for differences across localities and finds quite distinct patterns. The chapter …


Institutionalism: Intergovernmental Exchange, Administration-Centered Behavior, And Policy Outcomes In Urban Agencies, Herman L. Boschken Oct 1998

Institutionalism: Intergovernmental Exchange, Administration-Centered Behavior, And Policy Outcomes In Urban Agencies, Herman L. Boschken

Herman L. Boschken

This article inquires about the sufficiency of institutional exchange theory in explaining the impacts of intergovernmental power structure on agency policy making. Based on rational behavior, transactional exchange, and game playing, this so called new institutionalism points to the degree of autonomy held by an agency in its collaboration with other government jurisdictions as a principal determinant of a patterned bias in agency policy outcomes. The author first summarizes theory arguments and derives hypotheses about agency outcomes that are skewed to favor some interests over others. He then reports results of a multiple regression analysis of a sample of forty-two …


Global Shift In Container Traffic And Its Implications For Economic Development Along The American Land Bridge, Herman L. Boschken Apr 1998

Global Shift In Container Traffic And Its Implications For Economic Development Along The American Land Bridge, Herman L. Boschken

Herman L. Boschken

Since the “container revolution” in the 1970s, seaports on the Pacific Coast have been the engines of economic development, regionally, nationally and globally. But circumstances continue to change that threaten the long-term viability of the intermodal “land bridge” system that emerged from that revolution. These circumstances include railroads not maintaining rail lines critical to transcontinental container traffic and the shift in the locus of global production that raises the question of obsolescence for the existing infrastructure moving trade West to East from the Pacific Rim. The implications are enormous, especially for policy makers at the regional and local levels as …


Analyzing Performance Skewness In Public Agencies: The Case Of Urban Mass Transit, Herman L. Boschken Jul 1992

Analyzing Performance Skewness In Public Agencies: The Case Of Urban Mass Transit, Herman L. Boschken

Herman L. Boschken

Previous studies of public organizational performance have focused mostly on operating efficiency, without dealing with the complex accountability problems associated with plural public interests. The fact that an agency exhibits multiple and often paradoxical performances has not been of comparable concern. This failure to account for performance in a multiple-constituencies context has led to a narrow view of how well agencies do. To broaden the research on agency performance, a multiple-constituencies model is introduced and tested for statistically significant variances. The findings confirm the model's robustness in structuring a dependent variable for empirical research on why agencies perform toward different …