The Consistency of WTO Rules: Can the Single Undertaking Be Squared with Variable Geometry?

The diversity of countries that negotiate commitments in theWorld Trade Organization (WTO), and the distinctions betweentheir legal and constitutional systems, implies important differencesin how agreements are approved, implemented, and enforced. Althoughconsistency is among the desirable attributes to which the multilateraltrading system should strive, it cannot be achieved at the expenseof all other desiderata. Among the reasons for relaxation ofthis goal is the need to accommodate the different legal systemsand levels of economic development among Member States, as wellas the demands for flexibility in negotiations. This paper reviewsthe development and current status of the debate over consistencyin the multilateral system, with special emphasis on the perspectivesof three different sets of participants: the United States,the European Union (EU), and developing countries. In the trade-offbetween the depth and the width of the trading system, the paperasks whether WTO Members should be more interested in expandingthe scope of globally agreed rules or in securing countries’adherence to them? It explores the possible consequences forthe Doha Development Agenda (DDA) if the US Congress cannotbe convinced to make a new grant of trade promotion authority(TPA) after the current one expires. It also discusses whetherthe single undertaking should continue to shape the terms ofthe DDA. In discussing the WTO’s approach to decision-makingand the possible need for reforms thereto, the paper also considershow best and on what grounds should new issues be introducedon the negotiating agenda. The paper argues that whether ornot the DDA is conducted on the basis of a single undertaking,and with or without TPA, the multilateral trading system willcontinue to provide for less than full consistency.     

THE COURTS AS A SOURCE OF REGULATORY REVITALIZATION: EXTERNAL AGENDA SETTING AND EQUAL EDUCATION PROGRAMS

The authors examine the relationship between the courts and HEW's Office for Civil Rights (OCR), to illustrate the effects of legal efforts to generate more vigorous agency enforcement. Opponents of racial and sex discrimination in public schools won a series of suits against OCR after it had ceased to effectively implement anti-discrimination legislation. As a result of court decisions, OCR has had its discretion over how it will carry out its legislative responsibilities curtailed.     

如何制度化解决当前中国土地问题——对土地管理制度改革目标模式的探讨

土地领域存在的矛盾和问题已经成为影响中国社会和政治稳定的主要问题之一。土地问题产生的根源是土地权利与义务的双重缺失与失衡。这种缺失和失衡,使得国家、集体和个人的利益都缺乏制度化的实现和调节机制,导致土地利用上的囚徒困境博弈和公地悲剧。因此,要制度化地解决中国土地领域存在的问题,必须构建权利与义务平衡的土地管理制度体系,形成各方合理的利益结构,而这也构成了中国土地管理制度改革的一个主要目标。同时,制度化的土地管理模式,也需要进行财税体制改革,改变中国土地管理的制度环境。     

An Intertribal Business Court

Few Indian reservations have any semblance of a private sector. Consequently, poverty and unemployment are major problems in much of Indian country. While there are many reasons why private enterprise is scarce in Indian country, one of the foremost reasons is businesses do not trust tribal courts. Businesses' distrust of tribal courts is not unique as outsiders often fear bias in foreign tribunals. Similarly, businesses are often concerned about a court's capacity to adjudicate complex disputes. Federal diversity jurisdiction was developed to allay fear of bias, and many states have developed business courts to address questions about court capacity. Tribes can overcome these issues by creating an intertribal business court (IBC). Tribes will be free to sculpt the IBC as they see fit. However, the IBC's intertribal nature will help reduce fears of bias, and an IBC's focus on business disputes will answer doubts about court capacity. An IBC will also make tribal law more accessible, further increasing confidence in this new tribunal. As businesses gain greater confidence in tribal legal institutions through the IBC, they will be more likely to operate in Indian country. Accordingly, the IBC could help to transform tribal economies.     

中国周边安全环境：分析框架、指标体系与评估

冷战结束以来,中国和西方对“安全环境”的界定不同,中国侧重于以发展界定安全,西方大国则注重以威胁界定安全。中国政府和学术界对“安全环境”的理解,已经从以军事安全为主演变为军事、政治、经济、舆论四位一体,更具复杂性和动态性特征。因此,作者构建了新时期评估周边安全环境的分析框架与指标体系,包括政治安全环境、军事安全环境、发展安全环境、舆论安全环境以及中国自身对周边环境的塑造能力等构件,这些指标囊括了现实主义、自由制度主义和建构主义的学理判断。文章利用世界银行数据库、清华大学当代国际关系研究院的“中外关系数据库”以及《人民日报》数据库对各细分指标进行无量纲化处理,设定并对比了三种场景下的中国周边安全环境指数。对1992-2011年周边安全环境的分析表明,中国周边安全环境处于不断改善中。不过,2008年以后三种场景产生较大分叉,中国有可能已经进入了一个与前十几年完全不同的状况,中国需要与周边国家共同构建长期稳定的周边安全合作环境。     

Incentives and their dynamics in public sector performance management systems

We use the principal‐agent model as a focal theoretical frame for synthesizing what we know, both theoretically and empirically, about the design and dynamics of the implementation of performance management systems in the public sector. In this context, we review the growing body of evidence about how performance measurement and incentive systems function in practice and how individuals and organizations respond and adapt to them over time, drawing primarily on examples from performance measurement systems in public education and social welfare programs. We also describe a dynamic framework for performance measurement systems that takes into account strategic behavior of individuals over time, learning about production functions and individual responses, accountability pressures, and the use of information about the relationship of measured performance to value added. Implications are discussed and recommendations derived for improving public sector performance measurement systems. © 2010 by the Association for Public Policy Analysis and Management.     

International Financial Crisis and the Reform of EU Financial Regulatory System

In the global financial crisis, EU countries have suffered huge economic losses. EU Banking Sector Stability report issued by European Central Bank in August 2009 showed that the cumulative write-downs of European banks amounted to more than US$359.4 billion by the end of July 2009.     

Risk Analysis on the Developed Economies＇ Sovereign Debt Crisis

As an impact of International Financial Crisis, the Greek sovereign debt crisis suddenly turned up. Some European countries＇ debt crisis got further unveiled. The mounting risk of world sovereign crisis could be the principal risk of world economy and financial market after the international financial crisis and would threaten the global economy recovery. The world economy, unchained from the international financial crisis, might enter the next phase of sovereign debt crisis.