scholarly journals ON THE COASE THEOREM AS A THEORETICAL BASIS FOR THE KYOTO AND PARIS PROTOCOLS

Author(s):  
Dmitry Egorov ◽  
Marina Manoilova ◽  
Vasilii Strakhov ◽  
Gleb Egorov

Purpose of the study: a critical examination of the so-called Coase theorem, which is largely the theoretical basis of the idea of trading in emission quotas for greenhouse gas emissions. Since the research is theoretical, research methods: critical analysis of texts written by researchers who adhere to the economic mainstream and theoretical construction. In our opinion, Coase's theorem is essentially reduced to indicating that two conditions are implicitly assumed in the proof of the optimality of the ideal market model: 1) the absence of transaction costs; 2) fully defined property rights to all resources, in any way involved in the transactions in question. The problem is that these two conditions in a situation of environmental problems are completely unrealistic. Therefore, the question of optimal environmental and economic regulation cannot be considered closed. Moreover, it is impossible to present this problem as already solved when writing textbooks for students and graduate students. Those who study must be aware of the real complexity of the problem of unwanted externalities destroying the Earth's biosphere. Only in this case, having become managers and politicians, they will be able to stop negative processes in the biosphere and implement the declarations adopted in Rio de Janeiro, Kyoto and Paris in the common interests of all people living on Earth. 

2019 ◽  
Vol 62 (6) ◽  
pp. 88-99
Author(s):  
Andrey A. Lukashev

The typology of rationality is one of major issues of modern philosophy. In an attempt to provide a typology to Oriental materials, a researcher faces additional problems. The diversity of the Orient as such poses a major challenge. When we say “Oriental,” we mean several cultures for which we cannot find a common denominator. The concept of “Orient” involves Arabic, Indian, Chinese, Turkish and other cultures, and the only thing they share is that they are “non-Western.” Moreover, even if we focus just on Islamic culture and look into rationality in this context, we have to deal with a conglomerate of various trends, which does not let us define, with full confidence, a common theoretical basis and treat them as a unity. Nevertheless, we have to go on trying to find common directions in thought development, so as to draw conclusions about types of rationality possible in Islamic culture. A basis for such a typology of rationality in the context of the Islamic world was recently suggested in A.V. Smirnov’s logic of sense theory. However, actual empiric material cannot always fit theoretical models, and the cases that do not fit the common scheme are interesting per se. On the one hand, examination of such cases gives an opportunity to specify certain provisions of the theory and, on the other hand, to define the limits of its applicability.


Author(s):  
E. A. Bagrin

The article examines unpublished petitions of Siberian warriors who participated campaign of Ambassador F. A. Golovin to Dauria in 1686–1689. The campaign ended with the signing of the first treaty between Russia and China concerning the border. Petitions contains requests of warriors to return them home, warriors’ merits and deprivations. These documents allow to compare the information of original participants of campaign with the data reflected in the chancellery of the embassy. This comparison not only confirmed the reliability of the description of campaign to Dauria in the sources, but also made it possible to reveal some facts not mentioned in the embassy documents. These petitions describe the common interests and needs of warriors of various categories from different towns of Siberia. In some cases, the petitioners embellish or conceal some facts. These documents emphasize most clearly the emergency situation with provision of food and material needs of warriors as a result of hardships during transitions and military operations.


Author(s):  
Erika Fischer-Lichte

The introduction ‘Philhellenism and Theatromania’ retraces the emergence of these two phenomena in the German middle class. The year 1755 marks a watershed in this regard: it saw the publication of J. J. Winckelmann’s treatise Reflections on the Painting and Sculpture of the Greeks and the premiere of G. E. Lessing’s first domestic tragedy Miß Sara Sampson. Both share the common root and motivation once and for all to banish Frenchified German court culture. While Winckelmann’s treatise praised the ‘noble simplicity’ and ‘quiet greatness’ of the Greek masterpieces, Lessing’s play advocated new family values and the ideal of ‘naturalness’ as the true virtues of the middle class. The merging of Philhellenism as the cult of beauty with theatromania as the quest for identifying in a social group and as an individual provided the basic condition for staging Greek tragedies.


2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.


Author(s):  
XINRU LI ◽  
XUEMEI JIANG ◽  
YAN XIA

Focusing on the mitigation responsibilities and efforts, this paper provides a unified estimation of allowable emission quotas for a number of Asian economies to limit the global temperature rise well below 2°C based on a range of effort-sharing approaches. The study also explores the inconsistency between their planned emission pathways under the Nationally Determined Contributions (NDCs) and the allowable emissions to achieve the 2°C target. The results show that most of the Asian developing economies would be in favor of the Equal-Per-Capita and Grandfather criteria, for which they would obtain more allowable emissions quota. However, even with the most favorable criterion, official mitigation pledges represented by NDCs are far less enough for these developing Asian economies such as China, India, Vietnam, Thailand and Pakistan, as their emission pathways under NDCs significantly exceed the ideal pathways under all effort-sharing approaches. In contrast, most of the Asian developed economies have already planned reductions of annual CO2 emissions under NDCs, in line with their ideal pathways under the most favorable effort-sharing approach. However, their reductions of emissions require deep strengthening of deployment in low-carbon, zero-carbon and negative-carbon techniques, given the current growing trend of emissions for these economies.


2018 ◽  
Vol 12 (03) ◽  
pp. 45-58
Author(s):  
Susilo Susilo

Dieng tourism resources is a unity between natural resources, archeological, and community life. These conditions resulted in nearly all processes of tourism development will affect people's lives, and conversely, any community activities will also affect tourism. In every aspect of tourism development needs to involve the community as part of the development impact and receiver. Dieng community participation in social and cultural activities is one manifestation of ngaruhake norm. Ngaruhake is a social norm that aims to maintain harmony within the community scale, but does not apply to a public scale. Participation is based on a moral obligation to realize the common interests or helping others, not for himself personally. Levels of participation can be divided into three groups, namely mokoki (main actors), ngombyongi (supporting actor), and masabodoa (not involved). Spatially, greater area of space, community participation will be lower and the other hand, narrow region of space will increase community participation. Keywords: Participation, Tourism, Dieng


Author(s):  
А.А. Борзов

Учение представителя раннего итальянского гуманизма, выдающегося философа и правоведа, Марсилия Падуанского [1270(80) – 1342(43)] о государстве актуализирует платоновские политико-правовые идеалы. Мысль Платона о сущностном единстве человека и государства, формируемом общим источником их добродетели – идеей справедливости, составляет теоретическое основание гуманизма падуанца, его философско-правового учения о совокупной воле людей как источнике государственного суверенитета. The teaching of the representative of early Italian humanism, an outstanding philosopher and lawyer, Marsil of Padua [1270 (80) - 1342 (43)] about the state actualizes Plato's political and legal ideals. Plato's thought about the essential unity of man and the state, formed by the common source of their virtue - the idea of ​​justice, constitutes the theoretical basis of Padua's humanism, his philosophical and legal doctrine of the collective will of people as a source of state sovereignty.


Author(s):  
A. A. Gromyko

Anatoly Andreevich Gromyko, a professor of the Moscow State University, a corresponding member of the Russian Academy of Sciences reflects in his article on the destinies of mankind and the most complex problems facing the world community at the early 21 century under globalization and increased demand in global governance. In his analysis the author concedes that after numerous pieces of research on various aspects of these two phenomena, there are still more questions than answers. He believes that globalization might become a force serving not only private interests of big corporations but also the common good of humanity. Since interdependence is the main feature of our world we should not fall prey to the ideal images of global governance because there is no one size fit all global governance. The article elaborates the three most pressing world problems:– the need in a new way of thinking about globalization. According to the author the problems of globalization must be approached with knowledge of history and acknowledgement of social justice;– the need in morally acceptable balance among unifying potential of globalization, unchained global market and the state as the last resort of its nation;– the need to make United Nations a platform, where political and social democracy should lay ground for global governance so craved for by the mankind. The author pays special attention to the dichotomy between the force of law and the law of force as well as to the prospects for the new democratic global order accommodating the sustainable development of human civilization.


Author(s):  
Elena Boldyreva ◽  

The article analyzes Finland’s strategy towards Africa. The relevance of this topic does not raise doubts in the light of the growing interest not only of Finland, but also of the European Union as a whole in Africa, especially the countries of the Sahel. Finland’s strategy was adopted almost simultaneously with the EU’s strategy and can be considered as an integral part of it. The article analyzes the publicly available documents of the Ministry of Foreign Affairs of Finland, which are relevant both to the policy of this northern country in relation to the continent as a whole and to individual African countries. The aim of the strategy is to set realistic but ambitious goals for Finland’s policy towards Africa, based on the common interests of Finland and African countries, to define the main directions of Finland’s policy towards Africa and to define concrete actions to achieve them. In addition, it is necessary to pay special attention to strengthening political and economic relations and expand cooperation in various forms. Thus, the research carried out can be useful for a better understanding of one of the most important directions of Finnish foreign policy today.


1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.


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