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41.
Darrel Moellendorf 《Critical Review of International Social and Political Philosophy》2013,16(2):162-178
In The Idea of Justice (2009), Amartya Sen distinguishes between ‘transcendental institutional’ approaches to justice and ‘realization-focused comparisons,’ rejecting the former and recommending the latter as a normative approach to global justice. I argue that Sen’s project fails for three principal reasons. First, he misdiagnoses the problem with accounts that he refers to as transcendental-institutionalist. The problem is not with these kinds of accounts per se, but with particular features of prominent approaches. Second, Sen’s realization-focus does not account well for the value of institutions of global justice. And even Sen agrees that reforms to institutions are urgently needed. And third, the distinction between transcendentalism and comparative approaches is implausible. I close by suggesting a strategy for an alternative institutionalist approach that can offer the kind of guidance for reforming the global order that Sen rightly takes as urgent. 相似文献
42.
保护伞条款要求缔约东道国应该遵守其对另一缔约方投资者的投资所承担的任何义务。保护伞条款的权利主体、义务主体、义务性质和义务范围都存在着一些比较复杂的问题和争议。保护伞条款对于东道国施加了更加严格的国际法约束,对此,可以通过非政府组织参与跨国公法过程的方式予以必要平衡。 相似文献
43.
This paper examines whether foreign direct investment (FDI) influences confidence in commercial contracts in developing countries. While the research on how host countries’ policy environments encourage FDI inflows has flourished, scholars have paid less attention to how the policy environment and local actors’ beliefs might, in turn, be affected by FDI. This is surprising because multinational enterprises are well‐recognized political and economic actors across the world. We expect that their increasing economic salience will influence the policy environments in which they function. By employing an innovative measure of property rights protection – contract‐intensive money – we examine how foreign direct investment influences host countries’ contract‐intensive money ratio in a large panel time series of both developed and developing countries from 1980 to 2002. Our analysis suggests that higher levels of FDI inflows are associated with greater confidence in commercial contracts and, by extension, the protection of property rights in developing countries. 相似文献
44.
保证保险合同若干法律问题研究 总被引：5，自引：0，他引：5
保证保险一般作为分期付款消费的一种履约担保,由于当前没有调整此类合同关系的相关法律规定,审判实践中做法各异,相同类型的案件常常在不同法院中出现不同的判决结果。对此,有必要对保证保险合同的性质、法律适用、合同的独立性和各合同主体的诉讼地位等实践中争议较大的法律问题进行比较分析,以期为当前法院审理车贷案件提供理论上的参考。 相似文献
45.
Donal MacIntyre David Wilson Elizabeth Yardley Liam Brolan 《The Howard Journal of Crime and Justice》2014,53(4):325-340
This exploratory article presents a typology of British ‘hitmen’ as identified within newspaper reports about contract killing. Demographic and criminological data related to these hitmen and their victims are analysed and, on the basis of this analysis, a typology of British hitmen is developed. Our typology suggests that British hitmen are: ‘Novices’; ‘Dilettantes’; ‘Journeymen’; or ‘Masters’. It is hoped that this typology will be of use to law enforcement. 相似文献
46.
In this era of anti-corruption policy-making, the Internet provides a potentially critical strategic resource for anti-corruption agencies (ACAs) aiming to promote organizational and policy learning. Realizing its potential is a creative challenge that will tap different types of capacities in the agency and its environment. We present a framework for understanding the information-related functions that underpin policy and organizational learning for ACAs, develop a rating criteria to assess strategic information usage, and then assess five ACAs in the Asia Pacific region on one aspect of strategic information usage: dissemination via the Internet. Agencies differ markedly in the degree to which their use of public information dissemination via the Internet is “strategic” in nature, pointing towards a new arena for capacity building and strategy development. 相似文献
47.
Christine Tartaro 《Contemporary Justice Review》2013,16(3):339-358
The Attica prison riot was the culmination of years of increasing tension between the urban, racial, and ethnic minorities held at the prison and the rural, white officers, and administrators responsible for incarcerating them. While race was certainly an important factor in the riot, there were also a number of problems at the prison that prompted inmates of all races to unite against the New York State Department of Correctional Services and the state government. Inmates’ frustration increased as they waited for reforms that were promised but never materialized. As inmates’ patience waned, the prison administration made a number of decisions that damaged its ability to maintain peace and respond to problems. A review of the circumstances leading to the riot at the Attica Penitentiary in September 1971 is included as well as an analysis of some more recent riots where similar conditions and warning signs were present. 相似文献
48.
Contract killing and hitmen are underexplored in criminology. Recent studies, including an ongoing project in South Africa, have examined a large number of individual cases relating to contract killings, producing a series of typologies of hitmen. Despite this thematic ordering, few empirically‐based studies – incorporating interviews with hitmen themselves – exist, especially given the practical and ethical issues involved. Such information remains essential, however, to more clearly understand the socialisation and criminal careers of contract killers. Our subjects occupy a specific place within the gangs of Cape Town: they are ordered to kill for gang bosses as well as being recruited by external parties to conduct ‘hits’. On the basis of seven interviews with ‘hammermen’ and two with senior gang bosses, we explore the experiences of gang‐associated hitmen. We conclude that the current literature, by seeking to identify a series of typologies of contract killers that focus mainly on their level of ‘professionalism’, provides only a one‐dimensional and – in some respects – stereotypical picture of the realities of contract killing. Instead, we show that hitmen occupy an ambiguous and tenuous position within local gangs and gang culture: essential to the security of gang bosses, but also a threat to it as a result of what they know and what they do. As a result, ‘hammermen’ express a surprising degree of vulnerability, and may themselves be subject to assassination. 相似文献
49.
Morten Walle Tvedt 《The Journal of World Intellectual Property》2021,24(1-2):83-99
The Standard Material Transfer Agreement (SMTA) of the Plant Treaty is the primary legal tool for making monetary benefit sharing work. International public law, including the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), is binding on states and have no legally binding effect on private companies. Access and benefit‐sharing, both under the ITPGRFA and the convention on biological diversity (CBD), aim at altering the actions of private users and companies. This article analyses the SMTA from a contract‐law perspective raising the question whether the SMTA can work as a binding contract? For a contract to work it must establish legally binding and enforceable obligations on a user of plant genetic resources. The method is to analyse the current SMTA from a contract legal language perspective. It will investigate, ways of coining the obligations in the wording, unclear trigger‐points, lack of remedies against breach of contract and limited enforcement mechanisms can explain lack of user payment. It will draw on contract‐law research to outline possible ways forward to an improved SMTA. The main aim is to contribute to a future improvement of a second generation SMTA. 相似文献
50.
刘淼 《中国劳动关系学院学报》2018,32(1):52-58
预告期作为劳动者辞职或用人单位预告解雇的期限,其性质的阐明关乎实践中诸多问题的厘清。在肯定预告解除权为形成权的同时,认可预告期\"始期说\"的内在性质,在\"程序说\"与\"条件说\"的外在性质辨析,在法律、集体合同、劳动合同关于预告期规定的选择中不囿于现有学说,在适当倾斜保护劳动者利益以及增强劳动力市场灵活性的同时,提出区分预告解除主体,根据具体情况分别适用。 相似文献