TY - THES A1 - Santikarn, Marissa T1 - Is it feasible to link the European Union emissions trading system with the Californian cap-and-trade programme? N2 - This paper examines the technical, legal and political feasibility of linking the European Union emissions trading system (EU ETS) with the Californian cap-and-trade programme (CAT). The technical feasibility of linking refers to the alignment of four key design features in the EU ETS and the CAT: (i) offset credits; (ii) price adjustment mechanisms (PAM); (iii) complementary climate and energy policies and (iv) monitoring, reporting and verification (MRV). Unless Europe and California can align their polar positions regarding land use, clearance and forestry (LULUCF) offsets and price floors, linking appears unlikely. There is also the question of how California’s Allowance Price Containment Reserve (APCR) and the EU’s proposed Market Stability Reserve (MSR) would function together in a linked scheme. Aligning the complementary climate and energy policies and MRV systems is less problematic, as harmonisation is not necessary. Regarding legal feasibility, it is unclear whether California, as a sub-national state, has the authority to negotiate and enter into a linked scheme with the EU. Politically, California may be reluctant to link with the EU, as this will lower both its allowance price and fiscal revenue. Furthermore, it could decrease the level of domestic investment and abatement. Assuaging California’s concerns rests heavily on the extent to which the proposed structural reforms to the EU ETS boost the allowance price. In the case of linking the EU ETS and the CAT, domestic policy objectives are more important than the cost-efficiency gains of linking. As such, establishing a partial link may be more feasible. T3 - Hertie School Student Paper Series - 01/2014 Y1 - 2014 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-12678 PB - Hertie School of Governance CY - Berlin ER - TY - THES A1 - Hoffmann, Anna T1 - The EU’s Extraterritorial Asylum Policies & Human Rights Obligations : Prospects, Limits and the Role of the European Courts N2 - This paper presents an analysis of the underlying policy and legal mechanisms contributing to the deaths of migrants attempting to reach the EU by crossing the Mediterranean. It is structured into three sections, outlining, firstly, the deficits of the current Common European Asylum System, especially its extraterritorial dimension. It is argued that the reasons for the shortcomings of the current system are linked to the traditional state-centred paradigm still pre-dominant in EU law and policy. Secondly, human rights are presented as the conceptually adequate instrument to fill these gaps and to extend effective protection of migrants’ human rights beyond the shores of Europe. The European Convention of Human Rights is singled out as the most promising system for doing so. Thirdly, analysing the role of the two major European Courts in extending human rights protection extraterritorially, it further outlines the prospects and limits of such an approach. The importance of the Courts in clarifying and also extending the reach of human rights protection is demonstrated and the paper concludes with an outlook on future challenges facing the two Courts and the human rights system within the European region. T3 - Hertie School Student Paper Series - 01/2015 Y1 - 2015 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-20361 PB - Hertie School of Governance CY - Berlin ER - TY - THES A1 - Collins, Georgina T1 - Governing through crime in the Northern Territory: Are criminal justice system changes contributing to rising Indigenous imprisonment? N2 - Almost 25 years on from the landmark Royal Commission into Aboriginal Deaths in Custody Indigenous imprisonment in Australia continues to rise at an alarming rate, leading to further over representation in the criminal justice system. A number of academics have applied the theory of ‘governing through crime’ in the context of Indigenous imprisonment to argue that the strategic use of crime has led to a targeting of Indigenous offenders in an increasingly punitive and risk based system. If correct this would imply a disconnection between rising imprisonment and actual levels of crime and safety in the community — a finding which could have significant policy implication s. However, evidence to support this claim is currently limited, a gap which this thesis seeks to address through a case study of the Northern Territory. Inquiry is conducted at two levels: firstly by asking what criminal justice law and policy changes could have contributed to rising Indigenous imprisonment and secondly by asking why these changes could have disproportionately impacted Indigenous persons. A mixed methods approach is used, combining a review of academic literature, a review of legislation and policy and analysis of quantitative data sources. Long term crime rates have been trending downwards for most offence categories in the Northern Territory in recent years. Comparison of these trends to the prison population supports the contention that increased imprisonment cannot be adequately explained by increased offending and broader system changes may be playing an important role. The past decade has been one of rapid changes to legislation and policy governing various aspects of the criminal justice system. Significant changes which have potentially impacted on Indigenous imprisonment were enacted in the areas of sentencing, bail, non - custodial sentencing options, alcohol regulation, domestic violence, parole and police powers. From analysis of these changes a number of key trends emerge that support the governing through crime hypothesis. These are: a heightened focus on protection of the community through the use of broad categories of risk; placement of seriousness of the crime as the iii central consideration in decision making to the exclusion of individual offender circumstances; intensified surveillance and enforcement; and encroachment of the criminal justice system into areas traditionally the domain of social policy. Analysis of available data, as well consideration of the contextual circumstances in which these changes apply, suggest s a heavy imp act of many of the changes on the Indigenous population. A typical explanation for this heavy impact relies on high levels of offending among the Indigenous population and a tendency for many of the types of crimes and offenders targeted by changes to correlate with Indigeneity. However, adding another layer to this explanation by looking at the historical context for Indigenous disadvantage and the political context in which law and policy changes are made suggests that this explanation is overly simplistic. By examining these contextual factors it is argued that heavy impacts on Indigenous persons are not merely an unfortunate co incidence but at least in part product of a political process that views crime through a radicalized lens and targets Indigenous persons accordingly. This concerning as it implies that policy makers are being driven by popular fears and conceptions of crime and race rather than rational evidence. As a result many of the changes implemented are directly contrary to a growing evidence base as to what works in both reducing Indigenous d is advantage and reducing crime. Overall support is found for the hypothesis that an increasingly punitive criminal justice system and a shift towards governing through crime is contributing to rising Indigenous imprisonment in the Northern Territory. This finding is qualified by an acknowledgement that this is not a comprehensive explanation and a range of complex factors are at play in Indigenous over representation. Nevertheless, it does highlight the importance of criminal justice law and policy settings in Indigenous over representation and point towards a nee d for structural changes which place impacts on Indigenous persons at the center of the decision making process. Approaches such as racial impact statements are promising in this regard and deserving of further research. T3 - Hertie School Student Paper Series - 03/2015 Y1 - 2015 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-20384 PB - Hertie School of Governance CY - Berlin ER -