后危机时代越南金融改革的路径选择

越南的金融改革在银行规模和效率、证券市场和保险市场的广度方面取得了较大的成效。但是越南的金融改革仍然未摆脱金融抑制,其原因是越南没有建立以产权制度、法律制度为核心的良好的制度体系。鉴于此,金融危机之后,越南应继续在渐进的改革路径下加强产权保护,加快立法进程和提高法律的执行效力,提高政府效率,以此推动金融改革。     

Oil,Natural Gas,and Intrastate Conflict: Does Ownership Matter?

The impact of natural resources on intrastate violence has been increasingly analyzed in the peace and conflict literature. Surprisingly, little quantitative evidence has been gathered on the effects of the resource-ownership structure on internal violence. This article uses a novel data set on oil and natural gas property rights, covering 40 countries during the period 1989–2010. The results of regression analyses employing logit models reveal that the curvilinear effect between hydrocarbon production and civil conflict onset—often found in previous studies—only applies to countries in which oil and gas is extracted by state-owned companies. The findings suggest that only state-controlled hydrocarbon production might entail peace-buying mechanisms such as specific clientelistic practices, patronage networks, welfare policies, and/or coercion. At the same time, it seems that greed and grievance are more pronounced whenever resources lie in the hands of the state. Exploring the within-country variation, further analyses reveal that divergent welfare spending patterns are likely to be one causal channel driving the relationship between resource ownership and internal violence.     

Women targeted and women negated. An aspect of the environmental movement in Bangladesh

There are many ways to solve environmental problems. In this article the issue of energy consumption in Bangladesh and the rapid introduction of improved stove projects illustrates the importance of involving women in decision making that directly involves their lives. 82% of total energy consumption is based on traditional, renewable resources such as firewood, agricultural residues, tree residues, and dung. It is argued that resource depletion is related to population growth, the introduction of high yield seeds and related agricultural practices, and the lack of a sound basis for social and natural forestry. Improved stoves were introduced in order to reduce the depletion of resources. It was assumed that women would understand the value of preserving national natural resources and that energy resources for cooking were becoming scarce. The improved technology had the advantage of saving energy and saving women's time and effort in biomass and fuelwood collection. What was not considered in the decision was the design of the stove which was not adaptable to traditional cooking tools and pots and was more time consuming. The new stoves produced ash too quickly that needed to be removed before the combustion process was obstructed. The stove required straight straw or fuelwood, when available supplies were irregularly shaped. The ash residues could not be recycled, whereas potash could be used as fertilizer. Stoves required the use of a trained and sophisticated user. Stoves were expensive commodities. Women's time was obstructed because the stove needed tending and the usual chores could not be performed while food was cooking. The women in several projects rejected the stoves based on technological, cultural, and economic factors. It is argued that the environmental movement in Bangladesh conceptualized the environmental problem in economic terms but solved the problem technologically. The failure was in imposing new technology on women and in an inappropriate understanding of the situation.     

Adaptation,conflict and cooperation in pastoralist East Africa: a case study from South Turkana,Kenya

The control and management of resources is an implicit focus of many recent studies that trace the role of environmental factors in the onset and duration of conflict. According to the resources scarcity approach, as scarcities of natural resources worsen they become unmanageable leading to violent conflict between groups competing to use the same resource(s). However, the resources scarcity perspective is misleading by de-emphasising the socio-economic and political factors that are crucial to understanding contested uses and control of resources. This paper introduces the concept of adaptation as an entry point into debates surrounding the role of resources in conflict. The notion that resource uses are socially embedded and politically contingent underlines a key argument in the paper that adaptation is a contentious process and is tightly linked to resource struggles that are laden with material and symbolic importance. It is argued that social relations and political forces shape different vulnerabilities, enlarging options for some to adjust to environmental changes while potentially limiting options for others. A case study of conflict and cooperation among interacting groups of livestock herders in Turkana, Kenya lends contextual support to these views.     

吉林省能源消费问题及调整对策思考

吉林省是我国最重要的老工业基地之一,是工业大省、农业大省,也是能源消耗大省。吉林省工业基础好、重工业所占比重较高,在产业结构偏重的情况下,吉林省存在着能源消费结构不合理、能源消费环境污染较重等问题。吉林省要改变目前的能源消费结构现状,就要扬长避短地发挥现有优势,一方面要加大替代能源的开发力度,使清洁能源的使用比例不断提高,另一方面要提高资源利用效率,减少浪费,降低能耗和减少环境污染。     

突尼斯妇女法律地位浅析

突尼斯在保障妇女权益方面有丰富的经验。在维护妇女法律地位方面,突尼斯是非洲和阿拉伯国家中取得最大成就的国家之一。主要原因有三:第一是历史原因,突尼斯改革运动为社会解放和知识分子的意识形态变化奠定了良好基础。"凯鲁万婚约"的适用亦有利于国家独立以后执行一夫一妻制;第二是政治原因,妇女解放是突政府最重要的现代化与发展政策之一;第三是社会原因,20世纪80年代以来突尼斯妇女组织对妇女社会地位提高的推动作用。当前突尼斯面临的经济与社会问题可能对妇女现有地位构成一定的挑战。     

国家维护能源安全手段的选择逻辑：产权制度的视角

经济体量、能源禀赋、对外能源依赖程度等相仿的国家在应对同一场或情境相似的能源危机时所采用的手段经常呈现出明显的差异,以美国为代表的一部分国家主要依托行政或外交手段,而以中国为代表的另一部分国家则更依赖行政与商业的组合手段。为解释这一差异,就要突破能源安全研究惯有的地缘政治与供给需求分析视角,借助产权制度来考察政府与企业的权利责任边界以及政府借助企业力量维护能源安全的可能性和成本。基于美国应对1973年石油危机与中国应对2017年天然气紧缺的实证研究以及英法两国应对1973年石油危机的补充性分析,可以发现产权制度决定了企业的自主性与政府的处置成本。研究表明,在私有产权制度下,能源公司的自主性与政府的处置成本均较高,政府难以借助能源公司的力量应对能源危机,由此独自采取行政或外交手段保障能源安全;在公有产权制度下,能源公司的自主性与政府的处置成本均较低,政府更容易借助能源公司的力量应对能源危机,由此两者共同承担维护能源安全的责任并通过行政与商业相结合的手段维护能源安全。     

东盟国家知识产权立法与管理的新发展

一、东盟国家知识产权制度的历史 东盟国家实行知识产权制度的历史可以追溯到殖民时代，尽管在过去人们并不认为商标或者版权是知识产权，而是将它们当作保护商业利益，特别是与西方世界加强联系的某种工具。以菲律宾为例，该国第一部知识产权法令是在1833年由西班牙殖民者引入的。     

Chinese National Oil Companies and Human Rights

China's efforts to secure foreign oil and natural gas to meet its growing energy demand are contributing to massive human rights violations in Sudan and Burma. These human rights conflicts, significantly influenced by abundant oil and gas reserves, have strained U.S.-China relations and complicated international efforts to create a more effective architecture to address both rights crises and conflict management over energy resources. The United States and its allies should not only engage Beijing but also bring Chinese national oil companies into the international energy market as stakeholders. Failure to address these matters could encourage other parties seeking scarce energy supplies to take similar compromises on human rights as they court questionable oil regimes, a development that would be detrimental to international peace and security.     

The Dynamics of Svalbard Diplomacy

While Norway claims coastal state jurisdiction and exclusive rights to the natural resources in the maritime zones adjacent to the Svalbard archipelago, other states have presented reservations and/or objections against the Norwegian claim through diplomatic correspondence. With this hitherto largely undisclosed diplomatic correspondence as a point of departure, this study addresses the dynamics of foreign policies toward this contested Arctic area. It explores the origins of foreign policies and policy change, and finds that new policies toward the area over the last decades have emerged in distinct epochs. Recurrently, new policies have followed changes in Norwegian legislation and enforcement practice or followed diplomatic efforts by Norway to muster international support.     

发展吉林省产权市场促进国有资本流动

吉林省国有企业面临的问题是产品已经完全市场化了,但是它的各种生产要素还没有市场化。企业经营也仅局限于产品经营这一层次,难以通过资本运营使国有资本向管理和效益好的企业流动。发展吉林长春产权交易中心的思路是:首先,应当积极吸引国内外有实力的企业参与吉林省国有企业的改制重组。其次,以股权托管为切入口,培育规范有序的产权市场。第三,东北现有的产权交易机构应加强联系与合作,共建东北产权交易中心。防止国有资产流失,其关键在于对国有资产的定价。积极探索国有资产交易产权价格形成的新机制,尽量消除非价格因素影响,避免资产以特殊的优惠性低价让渡出去,而职工的就业问题留给了政府。     

"Engendering" environmental projects: the case of eco-timber production in the Solomon Islands

This article discusses the case of timber production in the Solomon Islands and links between environmental protection and gender. Many environmental projects are undertaken without regard for gender roles and relations. The Solomon Western Islands Fair Trade (SWIFT) initiative included women in only a peripheral way. This article justifies the involvement of women in environmental projects and then evaluates the operations of SWIFT. A role for women in local environmental projects should be recognized because of women's roles, knowledge, and interests. Use of natural resources is gender-based. In the Solomon Islands, women are identified as having the greater interest in the long-term sustainability of the environment and greater reliance on natural resources to fulfill their roles, but forestry is men's work. The price of tropical woods has tempted Micronesian governments to exploit forests to enhance their foreign exchange earnings. Environmental degradation from logging is particularly severe in the Solomon Islands. The population fulfills many basic needs from forests. Forests can provide cash earnings. The author conducted an evaluation of effectiveness of SWIFT in 1996. The SWIFT project allows rural people to earn cash from sustainable timber extraction without signing with logging companies. Women are affected by SWIFT due to their husbands' appropriation of their earnings, their peripheral role, and lack of representation in senior positions and use of women's forestry expertise. The article offers a model for genderizing eco-projects. Men need to be encouraged to work more as partners with women.     

How can the poor benefit from private investment in agricultural research? A case study from Bolivia

This article evaluates potential mechanisms for facilitating increased private-sector engagement in agricultural research for development and technology transfer (ARDTT), with particular emphasis on Bolivia. It reviews the mixed results of efforts, in developed and developing countries alike, to decentralise ARDTT and to encourage private-sector investment. Potential mechanisms for Bolivia are considered within three broad categories: taxation schemes; co-funding arrangements; and output-based approaches. The constraints to participation in ARDTT by the private sector that arise from concerns over high transaction costs, intellectual property rights, and the legal and regulatory environment are also assessed. The article concludes that compliance, or a hybrid of compliance and a competitive co-funding scheme, is most suited to Bolivia's needs. A flexible approach to intellectual property rights systems is required, although it remains a challenge to identify appropriate taxation regimes.     

Can I stay a BIT longer? The effect of bilateral investment treaties on political survival

Bilateral Investment Treaties (BITs) have proliferated throughout the international system. While ostensibly commercial in purpose, do BITs have domestic political ramifications? I argue that BITs affect a leader’s tenure through their effect on the property rights environment in developing countries. BITs, by segmenting a country’s property rights environment for foreign and domestic firms, reduce the incentive for foreign firms to lobby for property rights protections in the host country thus leading to a stagnating domestic property rights environment. In autocracies, a stagnating domestic property rights regime benefits domestic business elites who can continue to stymie small and medium enterprises (SMEs). The political benefits of BITs, however, decrease as a country becomes more democratic. Using a dataset of developing country leaders over the period 1965-2011, I find support for my hypothesis that BITs are associated with a decreased hazard of losing office and that the effect diminishes with higher levels of democracy. My results highlight the consequences of the legalization of global investment on the domestic political economy.     

Mediating the War of Olives and Pines: Consensus-Based Land-Use Planning in a Multicultural Setting

The proposed Nahal Tzalmon national park lies in the Galilee region of northern Israel. It encompasses land of unique natural beauty, some of which is occupied by Arab-Israeli families. Statutory plans defining the park's boundaries were enacted more than twenty years ago. Despite ongoing preparation, however, the park has not yet opened to the public, in part because of continuous conflict between the Israeli government authorities and the resident families over property rights affecting construction, land use, and nature preservation.
In 2000, after a long period of stagnation and discord, the Joint Environmental Mediation Service ( JEMS), guided by its founding organizations — the Consensus Building Institute and the Israel–Palestine Center for Research and Information — led a mediation process in the region. This was the first such process in the history of Israeli land-use planning. The mediation resulted in a settlement that was agreed to and signed by nearly all parties on July 8, 2004. The agreement allows residents to remain on their land and it includes incentives, such as park employment, to ensure that they help preserve the natural environment. Plans based on this agreement are currently undergoing state ratification, although several implementation challenges are yet to be resolved.
This case points to the importance of having a mediation team knowledgeable about and sensitive to local cultural norms and the difficulties of ensuring appropriate representation in the absence of a strong civic culture and organized advocacy groups. It also highlights the requisite for ensuring that all parties thoroughly understand the consensus building process and how it fits in with established bureaucratic procedures, as well as the critical need to secure strong support from implementing agencies at the outset.     

The Capacity-building Paradox: using friendship to build capacity in the South

This article proposes a theoretical framework, the Capacity-building Paradox, which defines individual relationship work as the basis for capacity building. It explains why capacity building has hitherto been largely unsuccessful. ‘Relationship work’ is central to the functions of practitioners. It consists of both ‘dependent work’ and ‘friendship work’, the latter synonymous with capacity building. To do relationship work, practitioners require power, in order to overcome environmental obstacles. Financial resources emerge as the predominant environmental influence, often prompting practitioners to use dependent work rather than friendship work. This results in a reduction in capacity and does not contribute to sustainable development. Most of the current literature provides organisational and institutional tools for capacity building. While there is an increasing recognition of the centrality of personal relationships in this work, there is as yet no theoretical framework within which to locate it. The article presents original research into people's experiences of capacity-building work in a development context and proposes a conceptual model that may have important implications for capacity-building practice.     

From ‘Rustless Screws’ to ‘Nail Houses’: The Evolution of Property Rights in China

This article addresses property rights in China under four headings. I begin by placing the Chinese case within the larger context of property rights literature. The second section reviews the existing scholarship on property rights in China and identifies existing lacunae. The third section provides the broad contours of the contemporary Chinese intellectual and political discourse over property rights in China. And finally, I offer several cases of property rights that illustrate the variation in the scope of the concept of property rights in China and suggest possible avenues for future research.

The right of property is the guardian of every other right, and to deprive the people of this is in fact to deprive them of their liberty.- Arthur Lee, Virginia, 1775

You reproach us with planning to do away with your property. Precisely so; that is just what we intend.- Karl Marx and Friedrich Engels¹

The fact that a legal or economic model does not exist for an activity or a behavior is no reason to oppose it, because the laws can develop out of experience and practice.- Wu Guoping, Yangtze Water Resources Commission²

     

The role of non-timber forest products in poverty reduction in India: prospects and problems

The vast natural resources of India's forests, including non-timber forest products (NTFPs), such as medicinal and aromatic plants, leaves, fruits, seeds, resins, gums, bamboos, and canes, offer employment that provides up to half the income of about 25 per cent of the country's rural labour force. However, poor harvesting practices and over-exploitation in the face of increasing market demand are threatening the sustainability of these resources, and thus the livelihoods of forest-dependent tribal communities. This article analyses the role of NTFPs in livelihoods-improvement initiatives and considers recent initiatives intended to enhance their conservation and sustainable management. It recommends policies to optimise the potential of NTFPs, both to support rural livelihoods and to contribute to India's social, economic, and environmental well-being.     

Human rights and the Clean Development Mechanism

The 2010 UN climate conference in Cancún emphasized that ‘Parties should, in all climate change related actions, fully respect human rights’. However, so far there is no further guidance. This article discusses the relevant legal human rights norms and two case studies from the Kyoto Protocol's Clean Development Mechanism (CDM). The first case (Bajo Aguán, Honduras) shows that the current absence of any international safeguards can lead to registration of highly problematic projects. The second case (Olkaria, Kenya) suggests that safeguards, introduced here as a side effect of World Bank involvement, can have a positive impact, but that it is necessary to have them based on human rights. It therefore seems recommendable that the UN climate regime develop mandatory human rights safeguards. In addition or alternatively, individual buyer countries or groups of countries, such as the European Union, could introduce their own additional requirements for CDM projects.     

The Rule of Law and the UN Peacebuilding Commission: a social development approach

There is a danger that the Rule of Law Assistance Unit of the United Nations Peacebuilding Commission will employ the same dominant but problematic paradigm that the international development community has pursued across the globe. This top-down, state-centred paradigm, sometimes known as ‘rule of law orthodoxy’, stands in contrast to an alternative set of strategies: legal empowerment. Legal empowerment involves the use of legal services, legal capacity-building and legal reform by and for disadvantaged populations, often in combination with other development activities, to increase their freedom, improve governance and alleviate poverty. It is typically carried out by domestic and international non-governmental organisations (NGOs), but also by governments and official aid agencies. This alternative approach focuses directly on the disadvantaged and integration with other development activities, which means it often operates under the de facto rubric of social development. Legal empowerment strategies vary among countries and NGOs. But their impact includes reforming gender-biased, non-state justice systems in Bangladesh; ameliorating the legal system's corruption in post-conflict Sierra Leone; keeping the human rights flame burning in post-conflict Cambodia; advancing natural resources protection and indigenous peoples' rights in Ecuador; and strengthening agrarian reform in the Philippines. Addressing such priorities can help alleviate poverty, ameliorate conflict and prevent chaos or repression from dominating the disadvantaged, particularly in conflict or post-conflict societies.