Suchergebnisse

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

Inhaltsangabe:Introduction: Climate change represents an ongoing threat, not only since it attracted growing media attention in recent years. Therefore, scientists urge to reduce the concentration of carbon dioxide in the atmosphere in order to prevent most disastrous consequences. One method, chosen by the international community to achieve this reduction and therewith mitigate global warming, is via the establishment of so called carbon markets. Most famous example is probably the European Emissions Trade System (EU ETS), where pollution allowances can be exchanged among actors. The reduction then is achieved by the setting of a ceiling or cap by authorities. Besides, there are also voluntary carbon markets where actors aim at reducing emissions with self-imposed targets. Objective of this paper will be to elucidate this unregulated market for carbon commodities and understand its functioning. Since voluntary carbon trading was largely criticised for a lack of quality and transparency, methods to overcome such weaknesses shall be presented and evaluated as well. Beginning with an overview of different systems of carbon trading, the reader will subsequently learn about existing and emerging carbon markets, their characteristics and performance. Notably compliance and non-mandatory schemes will be distinguished. Juxtaposition will allow for evaluating strengths and weaknesses of both systems. For gaining an understanding of the supply chain in the voluntary carbon market and comprehend underlying motivations, a presentation of market players will follow in the second chapter. Based on market actors' motives, a model for 'high quality' carbon commodities will be established in the third part, whereby criticism is also taken into account. An examination of instruments to enhance quality and to overcome shortcomings of non-mandatory markets will be examined in the following. The fourth chapter will provide an evaluation of and an outlook on the beforehand discussed quality mechanisms. Additionally, different scenarios will be developed in order to predict the future of voluntary carbon trading.Inhaltsverzeichnis:Table of Contents: Acknowledgementsii Executive Summaryiii Table of Figuresx Table of Boxesxi Abbreviations and Acronymsxi Introduction1 1.An Overview of Existing Carbon Markets2 1.1Regulated Markets4 1.1.1The Kyoto Protocol4 1.1.2European Emissions Trading Scheme6 1.1.3Other Planned Trading Schemes under the Kyoto Protocol7 1.1.4Australia, finally committing to Kyoto8 1.1.5North American Initiatives9 1.2Unregulated Carbon Markets10 1.2.1Chicago Climate Exchange and Australia Climate Exchange10 1.2.2Functioning of Voluntary Carbon Markets11 1.2.3Market Volume and Prices13 1.2.4Market Dispersion14 1.2.5Project Types and Locations16 1.3Innovation or Security - Choice of Voluntary or Compliance Market18 2.Along the Supply Chain of Carbon Offsetting - Market Players26 2.1Project Developers27 2.2Verification Organisations30 2.2.1Verification and Labelling31 2.2.2Verifying the Verifiers - Greenpeace and Co.32 2.3Offset Suppliers33 2.3.1Non Profit Sellers - Changing the World for a Better35 2.3.2Brokers and Consultants - Drivers for Innovation36 2.3.3Investment Banks, Funds and Speculators - Important Investors38 2.3.4Wholesalers and Retailers - Profit Seeking Middlemen40 2.3.5Companies - Jumping on the Carbon Neutral Train41 2.4Purchasers of Carbon Offsets44 2.4.1Individuals - Underrepresented Target Group47 2.4.2Business - Most Attractive Large-Scale Purchasers48 2.4.3Events - Accounting for Carbon Footprints49 2.4.4Public Institutions and Governments - Combining Efforts towards a Low-Carbon Society50 2.4.5NGO's - Sceptic Customers51 3.Instruments for Quality Enhancement52 3.1Criticism and Problems of the Voluntary Market55 3.2Standards and Labels60 3.3Registries62 3.4Carbon Exchanges64 3.5Governmental Action65 3.5.1Sensitisation of the public66 3.5.2Regulatory framework66 3.5.3Initiator for Action67 3.6Guides and Codes68 3.7Credit Ratings70 3.8Managerial Approaches towards Quality71 3.8.1Benchmarking72 3.8.2Strategic Alliances73 3.8.3Environmental Risk Management74 3.8.4Green Teams75 4.Evaluation of Quality Instruments and Perspectives76 4.1Evaluation of Quality Instruments77 4.2Review on Experts' Opinions towards the Future of Voluntary Offsetting82 4.2.1Investors See Necessity to Overcome Structural Barricades82 4.2.2Consultants Predict Continued Growth83 4.2.3Conservationists Call for Faster and Deeper Change84 4.2.4Offset Suppliers Lack Overarching Market Information85 4.3Scenario 1: An Overregulated Voluntary Market86 4.4Scenario 2: A Supply Driven Market87 4.5Scenario 3: A Demand Driven Market89 4.6Scenario 4: Aligning Supply and Demand90 Conclusion95 Glossaryxii BibliographyxivTextprobe:Text Sample: Chapter 2.4.1, Individuals – Underrepresented Target Group: Voluntary offsetting provides individual consumers with the possibility to account for their personal carbon footprint. Compliance markets do not allow for such transactions due to structural restraints. For reducing or neutralising individual emissions, consumers may: - either purchase offsets directly from retailers; - or make environmentally conscious purchase decisions, as for instance with the ClimateSmart™ program from PGE. Retailers generally provide a so called carbon calculator on their websites. Therewith, consumers can determine the amount of carbon produced by their activities and purchase the corresponding amount of offsets. Mostly, this is done for air travel, but increasingly for domestic activities, too. Second option is the participation in offset programs, increasingly offered by businesses, or the choice of offset products (as for instance financial services, see section 2.3.5 on Companies – Jumping on the Carbon Neutral Train). Though, a discrepancy between consumers' commitments and actions has been observed by recent research. The GfK Rauper Green Gauge study concerning US consumer's behaviour for instance found that 82% of Americans claim to be seriously concerned about environmental issues, whereas only 28% made corresponding purchases during the last two months (Makover 3). With view on the country's objective to become 'carbon neutral', Norway's environmentalist Frederic Hauge sharply points on the mayor problem of most developed countries: 'We are a nice little country of petroholics and that has made us lazy', Frederic Hauge, head of Norway's largest environmental monitoring organisation Bellona. Therefore, incentives have to be created in order to further motivate individuals to change their high-carbon habits. The UK government for instance considers the introduction of a personal carbon trading scheme. But how can this target group be stimulated via market mechanisms? Harris' survey among retailers suggested that price and additional benefits are prevailing decision factors for consumers of this supplier group. Quality concerns seemed to be less important. Weakness of this study is that retailer's customers are not solely individuals and the small size of the sample (26 answers). Nevertheless, one may deduce that for motivating individuals to become more active on the voluntary carbon market, businesses have to offer products with added environmental value at low prices. This can be achieved by means of already mentioned strategic partnerships. Thus, a greater choice of offset products or commodities with the option to offset will stimulate individuals to increasingly participate in the voluntary carbon market. Another quality enhancing tool is education and transparency to gain credibility. The better informed consumers are, the more likely they will decide for offset products. Business – Most Attractive Large-Scale Purchasers: Besides the above discussed possibility to sell carbon credits, businesses may also purchase offsets. Dell or the often cited HSBC bank are just a small selection of examples for voluntary offsetters. Three forms of participation exist: Firstly, entities aiming at neutralising emissions from corporate operations for corporate social responsibility reasons. The second group comprises businesses purchasing carbon credits for resale, either in regard of future regulations or for profit reasons, see previous section. Third possibility for corporations to act as purchasers is to neutralise product life cycle emissions for offering 'carbon neutral' commodities. As evaluated before, major motives are corporate social responsibility and image concerns. Additionally, the discovered wish for valuable offsets will drive the development of projects with high quality features and co benefits, depending on the entity's purposes. Similarly to individuals, businesses are not yet 'walking their talk'. A McKinsey survey found that 60% of global executives consider climate change as important issue. Almost the same amount (61%) even acknowledges that with the right management such issues may have 'a positive effect on profits'. Though, solely 30% 'frequently or always consider climate change in overall strategy'. The study also confirms observations that entities are influenced by factors such as 'corporate reputation, media attention to climate change, and customer preferences'. Despite the perceptible discrepancy between words and actions, corporate offset buyers will lead the drive towards quality in unregulated carbon markets, in order to maintain credibility face to their customers. Events – Accounting for Carbon Footprints: Not only corporations account for their carbon footprints, event organisers also discover this tool for attracting media attention or mitigating negative environmental effects. The role of events in the carbon market, if there is any; correspond to awareness raising and education. As examples hereof may be named the Life Earth concerts, the UNFCCC conference in Bali 2007, the Olympic Games in Beijing 2008 or the FIFA Soccer World Cup two years earlier in Germany which are claiming to be 'carbon neutral'. Since event related offsetting intends to communicate and raise awareness, public and event participants need to understand projects easily. Therefore, carbon credits are chosen according to their public appeal. For instance forestation is a comprehensible and easily marketable action. Projects with additional benefits are also preferred for their communication possibilities. So, event organisers will rather support 'charismatic' offset projects. Public Institutions and Governments – Combining Efforts towards a Low-Carbon Society: What role do public actors play in an unregulated market? Since regulation potentially restricts the voluntary carbon market, governments are reluctant to act in this regard. However, in the UK research and dialogue is undertaken to design a profitable and market oriented framework, see Box 5 below for more information. As purchasers of carbon credits, governments only play a minor role with 0.4% of transactions effected in 2007. Nevertheless, announcements of towns, communes and even entire countries to become 'carbon neutral' do not cease. In February 2008 for instance, the United Nations Environment Programme announced the launch of a Climate Neutral Network. New Zealand, Iceland, Costa Rica and the world's third largest oil exporter Norway joined this initiative to reduce emissions to zero with together four towns and five corporations.

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

This paper describes agricultural policy choices and tests some predictions of political economy theories. It begins with three broad stylized facts: governments tend to tax agriculture in poorer countries, and subsidize it in richer ones, tax both imports and exports more than nontradables and tax more and subsidize less where there is more land per capita. We test a variety of political economy explanations, finding results consistent with hypothesized effects of rural and urban constituents' rational ignorance about small per person effects, governance institutions' control of rent seeking by political leaders, governments' revenue motive for taxation, and the role of time consistency in policy making. We also find that larger groups obtain more favorable policies, suggesting that positive group size effects outweigh any negative influence from free ridership, and that demographically driven entry of new farmers is associated with less favorable farm policies, suggesting the arrival of new farmers erodes policy rents and discourages political activity by incumbents. Another new result is that governments achieve very little price stabilization relative to our benchmark estimates of undistorted prices, and governments in the poorest countries actually destabilize domestic prices.

South Africa has rapidly reduced trade barriers since the end of Apartheid, yet agricultural production and exports have remained sluggish. Also, poverty and unemployment have risen and become increasingly concentrated in rural areas. This paper examines the extent to which remaining price distortions, both domestic and foreign, are contributing to the underperformance of the agricultural sector vis-a-vis the rest of the economy. The author draws on a computable general equilibrium (CGE) and micro-simulation model of South Africa that is linked to the results of a global trade model. This framework is used to examine the effects of eliminating global and domestic price distortions. Model results indicate that South Africa's agricultural sector currently benefits from global price distortions, and that removing these will create more jobs for lower-skilled workers, thereby reducing income inequality and poverty. The author also fined that South Africa's own policies are biased against agriculture and that removing domestic distortions will raise agricultural production. Job losses in nonagricultural sectors will be outweighed by job creation in agriculture, such that overall employment rises and poverty falls. Overall, the findings suggest that South Africa's own policies are more damaging to its welfare, poverty and inequality than distortionary policies in the rest of the world. Existing national price distortions may thus explain some of the poor performance of South Africa's agricultural sector and rural development.

This paper examines the poverty impacts of global merchandise trade reform by looking at a wide range of developing countries in Africa, Asia and Latin America. Overall, the authors find that trade reform tends to reduce poverty primarily through the inclusion of agricultural components. The majority of developing country sample experiences small poverty increases from non-agricultural reforms. The authors explore the relative poverty-friendliness of agricultural trade reforms in detail, examining the differential impacts on real after-tax factor returns of agricultural versus non-agricultural reforms. This analysis is extended to the distribution of households by looking at stratum-specific poverty changes. The author's findings indicate that the more favorable impacts of agricultural reforms are driven by increased returns to peasant farm households' labor as well as higher returns for unskilled wage labor. Finally, the authors examine the commodity-specific poverty impacts of trade reform for this sample of countries. The authors find that liberalization of food grains and other processed foods represent the largest contributions to poverty reduction. More specifically, it is tariff reform in these commodity markets that dominates the poverty increasing impacts of wealthy country subsidy removal.

China's remarkable economic performance over the last 30 years resulted from reforms that met the specific conditions of China at any point in time. Starting with a heavily distorted and extremely poor economy, China gradually reformed by improving incentives in agriculture, phasing out the planned economy and allowing non-state enterprise entry, opening up to the outside world, reforming state enterprises and the financial sector, and ultimately by starting to establish the modern tools of macroeconomic management. The way China went about its reforms was marked by gradualism, experimentation, and decentralization, which allowed the most appropriate institutions to emerge that delivered high growth that by and large benefited all. Strong incentives for local governments to deliver growth, competition among jurisdictions, and strong control of corruption limited rent seeking in the semi reformed system, whereas investment in human capital and the organizations that were to design reforms continued to provide impetus for the reform process. Learning from other countries' experience was important, but more important was China's adaptation of that experience to its own particular circumstances and needs.

A solid financial armor could not protect Thailand against the impact of the global financial crisis on its real economy. Despite a sound banking system and low external vulnerabilities, the Thai economy contracted 5.7 percent between October 2008 and March 2009, as the magnitude and speed of the contraction in foreign demand, and resulting shock to the real economy, has been greater than anticipated. There continues to be little impact of the global financial crisis on Thailand's banks: liquidity remained adequate as financial institutions did not face solvency concerns given their adequate capitalization and lack of exposure to 'toxic' assets or risky derivative contracts. The combination of a sound financial sector, low external roll-over and balance-of-payment financing requirements, and, more recently, large current account surpluses, has led to capital inflows, build-up in reserves and an appreciation of the Baht relative to other currencies in the region. However, the impact of the global crisis on the real sector was far more severe than expected. Export volumes contracted by 8.9 percent in the fourth quarter of 2008, compared to the World Bank's forecast in December of a 3.0 percent expansion. Exports contracted a further 16 percent in the first quarter of 2009. The aggravation of Thailand's political crisis, which had been dampening investor and consumer confidence since 2006, compounded the shock to the real economy. As a result, real gross domestic product (GDP) contracted in the fourth quarter of 2008 and first quarter of 2009 after 38 quarters of growth, and is expected to contract for 2009 as a whole, the first annual contraction since the Asian financial crisis of 1997-1998.

The political situation witnessed in Madagascar since the beginning of this year has resulted in major changes in the daily lives of the Malagasy. Besides instability and increased uncertainty, the population is facing more imminent challenges: increasing unemployment, exploding staple food prices, a shortage in basic food supplies, and a closure of schools, universities and financial institutions. How will Madagascar be affected in the near and long term? This remains unknown, however, it is highly probable that the current situation will negatively affect all levels of Malagasy society. These impacts are likely to be longer lasting and more far - reaching than currently anticipated. In this issue, Doreen Robinson from USAID is presenting three ecological concepts in her foreword "A changing Madagascar": connectedness, resiliency and reconciliation. These are consistent with Buzz Holling's theory of adaptive cycling. Imagine Madagascar is traveling on a trajectory in the form of a figure of eight laid on its side attached to this text, or an infinity symbol in 3 - D. On the front loop (the right side in the figure) there is the 'K'-phase where a system, such as a forest or society, is becoming increasingly established and conservative and reaches a point of 'over'-stability, which risks becoming too rigid. With low resilience, it becomes increasingly prone to external forces. If such forces succeed to cause the system to collapse and chaos prevails in the 'Ω'-phase, the result is the release of the old system and its energy. This release, however, can trigger a new beginning. In the 'α'- phase of reorganization and renewal, a new system emerges. In the 'r'-phase swift exploitation and growth are occurring and the more time passes, the more the processes slow and the conservative 'K'-phase approaches. During this growth period, several processes are simultaneously at work. The potential for novelty, innovation and wealth increases, as does the connectedness and reconciliation of the system components. Meanwhile, the overall resiliency of the system decreases, that is, the system becomes rigid once more. There are rumors that the current political turmoil has been curbed by a 'land deal' with a South Korean company. In a country like Madagascar, where traditional land - use and strong beliefs in ancestry are prevalent, such news might have caused a cultural shock and a resultant backlash. However, as discussed in an essay by Geoffrey York from the International Food Policy and Research Institute in March 2009, claims to land in developing countries by developed countries might become more common in the near future as they face ever - dwindling land area coupled with increased demands for resources. For governments of developing countries, with an abundance of cheap land, they might find quick 'land-deals' simply too tempting. The same can be said for resources below ground. Natural resources are shifting ever more to the center of attention, and as Johny Rabenantoandro from QMM/RioTinto aptly emphasises in the other foreword of this issue, we need to start appreciating the richness of biodiversity and safeguarding it for the future in order for our children to enjoy it. Pertinent questions arise in this context: how will we deal with social, environmental and economic changes; how can changes in resource availability, or in demand for such resources, be absorbed by our existing ecological and societal systems without precipitating collapse? Our questioning of the fate of Madagascar's future does not end here. Fortunately, we are presented with the opportunity in this issue to make contributions that can explore these very questions. In the newly introduced journal section SPOTLIGHTS, Jeffrey Sayer (IUCN) argues for the landscape mosaic as the solution to reconcile conservation and development. In another contribution, William McConnell from Michigan State University reviews modeling human agency. Modeling is an emergent topic in Madagascar as it is elsewhere, and it can be a helpful tool to gain a greater understanding of land - use patterns, which is pertinent to the study of livelihoods and other socially-based research. Another contribution draws on interview-based research to understand the livelihood needs of fishermen and rice cultivators of the Alaotra marshes. How can the conservation of biodiversity and livelihood needs be balanced? How can rare and endangered species and their ecosystems be protected without compromising people's basic needs to survive? To answer such pressing questions, we need to substantially expand our knowledge base by gaining more insight into the ecological systems within which conservation and development exist. The authors of two other contributions on lemurs and birds help to expand such a knowledge base. In summary, although these times of change and upheaval are overturning seemingly stable systems, there is also hope that the release of energy we are currently experiencing in Madagascar will develop into a 'Holling's loop' where new opportunities can be formed. We should take this momentum to free even more energy and funnel it into research, so we can enlarge our knowledge base, increase our understanding of the interconnected systems and enforce our resilience in order better to adapt our readiness to future changes. For the only certainty we have for Madagascar's future is change.Seule certitude à Madagascar : le changement Depuis le début de l'année, nous sommes témoins d'une crise politique à Madagascar qui a profondément changé le quotidien de bon nombre de gens. En plus de l'insécurité et de l'instabilité, la population se retrouve à faire face à de nouvelles situations avec une augmentation du chômage, l'explosion des prix des produits de première nécessité, des pénuries dans les approvisionnements, la fermeture d'écoles, d'universités ou d'institutions financières. Pour l'avenir, on peut se demander dans quelle mesure Madagascar resterait affectée par ces événements mais sans rentrer dans une polémique ni nous lancer dans des pronostiques, il semble vraisemblable que l'ensemble de la société malgache sera touchée et dans des proportions plus graves que ce qu'on pourrait imaginer. Dans ce numéro, Doreen Robinson de l'USAID présente trois concepts écologiques dans sa préface « Réflexions sur Madagascar, pays en évolution » qui sont la connexité (ou connectance), la résilience et le rapprochement. Ces termes sont empruntés au cycle adaptatif de Buzz Holling. Imaginez Madagascar se déplaçant sur une trajectoire en forme de huit couché ou représenté par le symbole de l'infini dans l'espace. Sur la boucle du premier plan (à droite sur le dessin) nous avons une phase K au cours de laquelle un système, qui peut être une forêt ou une société, se stabilise, s'établit et en devient conservateur jusqu'à atteindre un point où il est tellement stable qu'il en devient rigide. Avec une faible résilience, un tel système devient vulnérable face à des perturbations extérieures et si de telles perturbations devaient s'appliquer et entraîner l'effondrement du système, on rentrerait dans une phase 'Ω' avec une libération de l'ancien système et de son énergie. Cette libération peut cependant déclencher un renouvellement, dans la phase 'α ' de réorganisation et de renouveau, un nouveau système émerge. On assiste dans la phase 'r' à une croissance et une exploitation rapides et plus le temps passe et plus le système ralentit pour se rapprocher de la phase 'K'. Au cours de cette période de croissance, on assiste à plusieurs processus qui ont cours en même temps avec un accroissement des changements, des innovations et de la prospérité en même temps que les composantes du système gagnent en connexité et en rapprochement. Simultanément, la résilience globale du système baisse de sorte que le système devient rigide, une fois de plus. Certains disent que le contrat de cession de terres à une compagnie sud - coréenne aurait déclenché la crise politique de 2009. Dans un pays tel que Madagascar où l'utilisation traditionnelle des terres et l'attachement aux ancêtres est de règle, de telles annonces pourraient déclencher un choc culturel et un retour de manivelle. Cependant, comme le disait Geoffrey York de l'International Food Policy and Research Institute dans un essai publié en mars 2009, les revendications de terres dans les pays en voie de développement par les pays développés pourraient devenir monnaie courante dans un proche avenir car les terres disponibles sont à la baisse en même temps que la demande pour les ressources augmentent. Et quand on sait que le Sud disposent d'une abondance de terres que le Nord pourrait considérer comme étant à bon marché, les pays en voie de développement pourraient facilement se laisser tenter par des cessions rapides de terres et il en va également ainsi des ressources souterraines. Les ressources naturelles sont de plus en plus souvent au centre des intérêts et comme le souligne à propos Johny Rabenantoandro de QMM/RioTinto dans l'autre préface de ce numéro, il nous faut commencer par apprécier la richesse de la biodiversité et la sauvegarder pour l'avenir de nos enfants. D ès lors, on peut se poser des questions pertinentes sur la façon d'appréhender les changements sociaux, environnementaux et économiques, ou encore sur les moyens qu'ont les systèmes écologiques et sociaux d'encaisser les variations en matière de disponibilité et de demande de ressources sans qu'ils ne s'effondrent. Nos questions sur l'avenir de Madagascar ne trouveront pas un terme ici, car nous avons la chance de vous présenter dans ce numéro des contributions qui abordent justement ces thèmes. Dans la nouvelle rubrique SPOTLIGHTS, Jeffrey Sayer (IUCN) nous éclaire sur des concepts qu'il connaît bien et défend les mosaïques de paysages pour réconcilier la protection de la nature et le développement. Dans une autre contribution, William McConnell de la Michigan State University nous propose une revue de la modélisation de l'influence humaine. La modélisation est un sujet émergeant à Madagascar comme ailleurs et peut s'avérer être un outil utile pour mieux comprendre certains schémas d'occupation des terres comme dans les études portant sur les moyens de subsistance ou d'autres recherches sur des questions sociales. Une autre contribution est basée sur des enquêtes menées auprès des pêcheurs et riziculteurs des marais de l'Alaotra afin d'appréhender leurs conditions de vie et leurs besoins. Et nous nous posons tous les mêmes questions : comment concilier protection de la biodiversité et conditions de vie de l'humanité ? Comment protéger les espèces rares ou menacées et leurs écosystèmes sans compromettre les besoins vitaux des gens ? Pour répondre à ce genre de questions, il nous faut absolument étendre nos connaissances de base pour mieux comprendre les systèmes écologiques au sein desquels on retrouve la protection de la nature et le développement. Les auteurs de deux autres contributions portant sur les lémuriens et sur les oiseaux apportent leur pierre à cet édifice de connaissances. En résumé, bien que ces périodes de changement et de bouleversement retournent des systèmes apparemment stables, il existe également l'espoir que la libération de l'énergie à laquelle nous assistons actuellement à Madagascar se soldera par une « boucle de Holling » avec de nouvelles occasions à saisir. Nous devrions profiter de cet élan pour libérer encore plus d'énergie et la concentrer dans la recherche pour que nous puissions étendre nos connaissances de base, mieux comprendre les connexions des systèmes et renforcer notre résilience pour nous adapter plus rapidement aux futurs changements. Car la seule certitude que nous ayons pour le futur de Madagascar est le changement.

This case study focuses on the attempts of the government of Bulgaria (GoB) to promote and implement reform of the business registration system to better suit the new economic framework that emerged in the country following the collapse of communist rule. The uniqueness of the Bulgarian case is that there were two distinct stages of business registration reforms, which marked two separate periods in the sociopolitical development of Bulgaria: the transformation from planned to market economy and the accession of the country to the European Union (EU). This collection of case studies describes experiences and draws lessons from varied business registration reform programs in economies in vastly different stages of development: Bulgaria, Estonia, Ireland, Madagascar, and Malaysia. The case studies were written based on a desk study of reforms in each country discussed. Then, more detailed information was gathered by field-based researchers. In some cases, detail on the business registration process that was in place prior to implementation of reforms was unavailable. As such, data on the number of businesses registered and the time required to completed registration before and after the reforms cannot be compared and contrasted. The partial success of the reform during the first year was a consequence of problems in four areas: lack of legislative will, insufficient financial support, inappropriate organizational structure of the new business registration agency, and weak human resource management. All of these problems delayed progress and had negative effects on the registration agency and the business community.

India is experiencing a period of high economic growth and rapid social and demographic change. There is increasing concern about the manner in which this transformation is impacted by the HIV/AIDS epidemic. While the Government of India has taken significant measures to curb the spread of HIV/AIDS, much remains to be done. Given the complexity of the challenge, an effective response requires the engagement of all sectors. The private sector, alongside other stakeholders, can play an important part not only by contributing to the efforts for HIV/AIDS prevention and the reduction of stigma and discrimination, but also for the care, support and treatment of Persons Living with HIV/AIDS (PLHA). The report presents challenges, good practices and success stories about how Informational Technology (IT) companies in India are addressing the issues of HIV/AIDS. It demonstrates the mounting will and commitment of IT leaders to respond to the epidemic. The IT industry in India is young in terms of both its stage of development and the age of its workforce which averages 18-35 years. Reflecting the composition of the sector, the report documents the experiences not only of large companies in India's IT sector, but also of small and medium enterprises (SMEs). Each company has used different approaches to address HIV/AIDS among its workforce including community outreach activities. By capturing these companies' experiences, the report seeks to foster a more active response to HIV/AIDS from India's IT community and to encourage new partnerships to leverage the goodwill and competencies of this sector.

The Indonesian economic quarterly reports on and synthesizes the past three month s key developments in Indonesia s economy. It places them in a longer-term and global context, and assesses their implications for the outlook for Indonesia s economic and social welfare. Its coverage ranges from the macro economy to financial markets to indicators of human welfare and development. Indonesia s economy appears to be broadly backed on track. Economic activity has been picking up, inflation has remained moderate, financial markets have risen, and the newly reelected government, having established the strong fundamentals that supported Indonesia through the global crisis, appears to be now gearing up for new investments in Indonesia s physical infrastructure, human services and institutions of state. Indonesia seems well-positioned to get back on its pre-crisis growth trajectory, with the possibility of further acceleration and more inclusive growth. The sustainability of the global recovery is still not entirely clear and portfolio flows into emerging markets, which have surged in the last nine months, may as easily be reversed as policy makers elsewhere move to unwind the large monetary and fiscal stimulus efforts initiated over the last year.

Inhaltsangabe: Introduction: The intensified globalisation and increased interconnectedness of the business world let emerge a new virtual form of work that operates with cross-cultural virtual teams (CCVTs). Hence, communication takes place increasingly across cultures, which lets culture emerge as an important factor in business, and constitutes one of the most significant limits for CCVTs. Despite these limits, quick dissemination of knowledge within a company has become one of the most crucial resources for competitive advantage, which many organisations have only just begun to understand. Therefore, CCVTs are required to effectively share knowledge in order to complete their projects successfully. Furthermore, researchers' recommendations about future virtual team research concern both 'development of new theories and explicit identification of the appropriation of existing theories'. They further affirm that in spite of several researchers coming to similar conclusions, the development of new theories about virtual teams has been little advanced. Information is needed about how to ensure the efficient flow of knowledge, scattered around the globe, among members of CCVTs in organisations, which, in the following text are understood as business organisations, to become and stay competitive in the global market. Thus, it seems to be an interesting theoretical and practical question to analyse people's experiences made in the CCVT environment with the aim towards building a theoretical framework that explains knowledge sharing (KS) between people in CCVTs. OBJECTIVES: The research aims to fulfill three objectives. Firstly, it intends to provide an approach to a theoretical framework based on the Grounded Theory Method, about how knowledge is shared among members in teams that communicate across different cultures via virtual communication channels (VCCs). Thereby the focus is not directed on KS in information technology or cognitive psychology. Instead, it aims to identify problem areas and solution possibilities concerning behavioural aspects of people in CCVTs. Secondly, by elaborating the solution possibilities, the paper shall give guidance for good practice of KS in CCVTs in order to be of practical use for people working in the virtual environment. Thirdly, the results shall inspire future research to tackle interesting questions that arose from or were left open in this research. STRUCTURE OF THE THESIS: Introduced by the purpose, objectives, structure, and definitions on KS, CCVTs, and culture, the thesis continues onto the second chapter about the used methodology, the Grounded Theory Method, on which's basis the study has been conducted. The third chapter describes and discusses the obtained results. The tentative theoretical model, comprising the findings of chapter three, is presented in the fourth chapter, followed by the fifth chapter, which provides a literature review, conducted in order to reinforce and add to the actual findings. The sixth chapter outlines the limitations of the study and comes up with ideas for future research. To conclude, the thesis provides a short summary.Inhaltsverzeichnis:Table of Contents: ACKNOWLEDGEMENTI ABSTRACTII INDEX TO CONTENTSIII ABBREVIATIONSVII LIST OF FIGURESVIII LIST OF TABLESIX 1.INTRODUCTION1 1.1PURPOSE1 1.2OBJECTIVES1 1.3STRUCTURE OF THE THESIS2 1.4DEFINITIONS2 1.4.1KNOWLEDGE SHARING (KS)2 1.4.2CROSS-CULTURAL VIRTUAL TEAMS (CCVTs)3 1.4.3CULTURE4 2.METHODOLOGY6 2.1RESEARCH DESIGN6 2.2RESEARCH PROCESS7 2.2.1DATA COLLECTION7 2.2.2ANALYTICAL PROCEDURES11 2.3ALTERNATIVE TO A LITERATURE REVIEW12 2.4STRAUSS'S AND GLASER'S DIFFERENT APPROACHES TO THE GTM13 3.RESULTS16 3.1FIVE COUNTERACTING FACTORS TO THE BREAKTHROUGH OF THE CROSS-CULTURAL VIRTUAL (CVV) BARRIER16 3.1.1INEFFECTIVE USE OF VIRTUAL COMMUNICATION CHANNELS (VCCs)17 3.1.1.1INAPPROPRIATE USE OF VCCs17 3.1.1.2INEFFECTIVENESS OF VCCs ACCORDING TO PEOPLE'S EXPECTATIONS18 3.1.1.3NON-AVAILABILITY OF CERTAIN VCCs19 3.1.1.4NON-USE OF VCCs DESPITE AVAILABILITY20 3.1.2TIME DIFFERENCES21 3.1.3INSUFFICIENT FOREIGN LANGUAGE SKILLS OF CCVT MEMBERS22 3.1.4UNSHARED PERCEPTIONS OF REALITY23 3.1.5LACK OF COMPANY SUPPORT OF CCVTs26 3.1.6INTERMEDIATE SUMMARY27 3.2A NEGATIVE SPIRAL AS A CONSEQUENCE OF THE FIVE COUNTERACTING FACTORS27 3.2.1REDUCED TRANSMISSION OF CONTEXT27 3.2.1.1REDUCED TRANSMISSION OF CONTEXT DUE TO INEFFECTIVE USE OF VCCs28 3.2.1.2REDUCED TRANSMISSION OF CONTEXT DUE TO TIME DIFFERENCES30 3.2.1.3REDUCED TRANSMISSION OF CONTEXT DUE TO INSUFFICIENT FOREIGN LANGUAGE SKILLS30 3.2.1.4REDUCED TRANSMISSION OF CONTEXT DUE TO LACK OF KNOWLEDGE ABOUT UNSHARED PERCEPTIONS OF REALITY30 3.2.2CONSEQUENCES OF REDUCED TRANSMISSION OF CONTEXT31 3.2.3INTERMEDIATE SUMMARY32 3.3A POSITIVE SPIRAL AS A CONSEQUENCE OF THINKING AND ACTING FROM A CCV PERSPECTIVE – GUIDANCE FOR GOOD PRACTICE33 3.3.1COMPANY SUPPORT FOR SUCCESSFUL KS IN CCVTs34 3.3.1.1INTEGRATION OF CCVTs INTO THE ORGANISATION34 3.3.1.2PROVISION OF VIRTUAL, CROSS-CULTURAL, AND LANGUAGE TRAINING34 3.3.1.3PROVISION OF ESSENTIAL VCCs AND TRAVEL BUDGET35 3.3.2MANAGEMENT FOR SUCCESSFUL KS IN CCVTs36 3.3.2.1PROVISION OF CLEAR STRUCTURE AND RULES OF THE GAME36 3.3.2.2MANAGING DIFFERENT TIME ZONES37 3.3.2.3HUMANISING THE VIRTUAL WORK ENVIRONMENT37 3.3.2.4CREATING EFFICIENT CCVT MEETINGS38 3.3.3SELECTING FOR SUCCESSFUL KS IN CCVTs39 3.3.3.1SELECTION CRITERIA FOR CCVT WORKERS39 3.3.3.2RESTRICTIONS AND OPPORTUNITIES IN SELECTION PROCESSES42 3.3.3.3WHAT IS IN IT FOR CCVT WORKERS42 3.3.4LEADERSHIP FOR SUCCESSFUL KS IN CCVTs43 3.3.5TRAINING FOR SUCCESSFUL KS IN CCVTs45 3.3.5.1CREATING A COMMON BASIS FOR THE MEMBERS OF A CCVT46 3.3.5.2EFFECTIVE USE OF VCCs49 3.3.6INTERMEDIATE SUMMARY51 4.MODEL OF KS IN CCVTs AND TENTATIVE HYPOTHESIS53 5.COMPARISON OF THE EMERGED THEORETICAL APPROACH TO RELATED LITERATURE56 6.LIMITATIONS AND FUTURE RESEARCH63 7.CONCLUSION63 BIBLIOGRAPHY65 APPENDICES70 APPENDIX A: APPLICATION OF STRAUSS'S AND GLASER'S APPROACHES IN THIS WORK70 APPENDIX B: THE RESEARCH PROCESS EXPERIENCED AS A CIRCULAR PROCESS72 APPENDIX C: THE EMERGENCE OF THE CCV BARRIER73 APPENDIX D: THE FINDINGS OF ROSEN ET AL, (2007)74Textprobe:Text Sample: Chapter 3.1.4, UNSHARED PERCEPTIONS OF REALITY: The fourth counteracting factor is that people in CCVTs have unshared perceptions of reality. In order to understand this factor in more detail, the idea of unshared perceptions of reality between individuals from different places, along with expectations from external environments, shall be explained in the following, before coming to deliberations about the fourth factor as such. Due to geographical distance, traditionally, groups that were located at one place, had tendentially the same cultural characteristics. This relates to the idea of national culture that describes the culture of people from a particular geographical place. By the rise of the internet, however, providing the opportunity of connecting with various groups across the globe, as well as the opportunity to travel, it could be said that people are becoming more and more influenced by different ways of perceiving the world. Consequently, national culture was mentioned to be only one of several types of culture that had an impact on the different perceptions of reality of CCVT members and consequently on their personalities. In the context of CCVT work therefore, it is advisable to look at the personalities of individuals, who are influenced by multiple cultures by being part of different groups. So it was, for example, assumed that there existed city-cultures which combined the culture of all those people living in megacities across the globe, which could be kind of a new international culture. It was also mentioned that groups of professionals, and even different generations, had their own cultures. However, national culture was mentioned to having to be considered when CCVTs had to deal with groups of people from different countries. In this case, these groups consisted of individuals who shared the same perceptions of reality, and imposed on them external expectations to which they had to conform. An individual, dealing with such a group, had to obviously adapt to their expectations when communicating with them. A related example was given by an interviewee who had experience in collaboration between companies with low hierarchies and such with high hierarchies. He explained the situation and how they overcame the barrier of different realities: '… if CCVTs have an Asian in the team, due to their hierarchical system, it is as if the direct superior of the Asian team member, to whom he feels committed, would be within the team as well. And so, he always has to make sure that his superior gives his blessings to what he agrees on in the team. Therefore the CCVT leader has to somehow integrate this superior into the team as well, and has to consider his opinion'. It becomes obvious, to which external constraints individuals in such an environment have to subject. Additionally, any team member who had to communicate with the CCVT member in the strongly hierarchical company was, as well, connected to a certain degree with the tacit and explicit rules and policies the Asian team member had to comply with, which restricted open and spontaneous KS in the team. It was confirmed by interviewees that KS is much dependent on organisational culture. In this case it seems that the organisational structure and culture was influenced by the Asian national culture. At the same time, organisational culture can be influenced by the particular industry or their traditional values, even if the external environment had already changed. Organisational culture was thereby mentioned to play a major role in KS and could be understood as the shared perceptions of reality among people within an organisation. So, it was stated that there were differences between organisations, such as in their particular values and traditions. If for example, an organisation was more individualistic oriented, it was said that KS would be done less deliberately than if there was a collectivistic culture, with reward systems such as group bonuses. Organisations develop their individual shared perceptions of reality, influenced by their founders, the structure of the surrounding environment, and external and internal stakeholders. Therefore, organisations are influenced by external factors such as traditional values, political systems, infrastructure, and competitive environments, and by internal factors such as the individuals who join the organisation, who either adapt to the company's shared perceptions of reality, or not, but still permanently add new influence. Furthermore, organisations are exposed to permanent change, and so, always try to match the company's strategic goal to the best available external trend. This can require changing particular aspects of perceiving reality. Thereby, it is critical, how willing and able organisations are to change their perception of reality in order to adapt to these changes. In addition, size and structure of organisations have an impact. Larger companies might for example not be as flexible as smaller companies, which could have an impact on their culture, and consequently display more conservative, or in contrast, more innovative aspects. Referring to structure, hierarchically structured organisations would obviously cause different perceptions of reality, and consequently different values and behaviours among the employees, than companies with horizontal structures, where open door policies for example, would obviously be possible, whereas in hierarchical structure they would not. By coming back to the fourth factor of unshared perceptions of reality, it was reported, that individuals had totally different approaches and perspectives about what is important to be communicated. So, for example, in a kick-off meeting of a CCVT composed of people from two different branches of an organisation, a presentation, which focused straight on the project outcomes, was presented by the group from one branch to the group from the other. The listeners however, expected detailed information about the process of the actual project instead of hearing an entertaining presentation about intended results. Consequently, they were confused about the presenters. They started to mistrust them by supposing that the presenters would not know much about how to manage the process. It can be assumed that there thought pattern needed the information about the process, and could not be convinced by being presented intended outcomes. It was reported that this incident affected trust building in this CCVT. A further point was that people solved conflicts according to their particular perceptions of reality. For example, it was reported, that individuals who were much concerned about the well-being of their colleagues wrote long emails with a lot of relationship-related content in order to establish a good atmosphere. Some of their colleagues however, were more concerned about achieving quick results, and therefore upset about such long emails with 'irrelevant" information. They consequently wrote back very short task-related texts, which again offended their communication partners. The conflict solving process proceeded contrarily to a successful conflict solving procedure. Since the relationship-oriented individuals thought they had failed in achieving a good atmosphere due to being too little concerned about the relationship, they started to write even longer emails. In contrast, the result-oriented individuals wrote even shorter texts. Both sides became more and more confused about the effect they caused with their behaviour, which were opposed to the effects they intended to cause. This showed how two individuals, who valued exactly the opposite things, and tried to solve conflicts accordingly, intensified conflicts instead of solving them, which obviously restrict KS in CCVTs.