BBNJ国际协定中人类共同继承财产原则的去留探析——人类命运共同体理念下的中国因应之策

国家管辖范围以外区域海洋生物多样性(BBNJ)养护和可持续利用国际协定的立法进程已进入关键阶段。其中,关于BBNJ国际协定的一般原则或方法条款中是否包含人类共同继承财产原则这一问题,各方代表立场不同,再次成为谈判焦点之一。从全球海洋治理中,国际法理论与实践创新以及国家利益视角分析,得出中国应当支持此原则被明确列入BBNJ国际协定一般性条款之中。但是,解构当前人类共同继承财产原则的法律内涵与适用,结合现有各方立场,得出此原则最终被明确列入BBNJ国际协定一般原则或方法条款中的实然可能性偏小。基于此,建议中国首先立足争议问题本身,将人类命运共同体理念作为价值导向引入BBNJ国际协定,增强各方国际合作与责任承担共识,平衡诉求矛盾,推进BBNJ国际协定的出台与生效;其次,通过引入人类命运共同体理念,完善人类共同继承财产原则的国际法内涵,增强该原则在谈判中的国际认同度与采纳度,并通过阐释中国支持性的主张,进一步增强中国运用人类命运共同体理念参与并引导全球海洋治理的能力。     

美国地方政府中的特区

特区这种政府形式的广泛存在,反映了美国政府体制中一个重要的特点,即行政的高度分散化以及并存的多个治理机构的重叠管辖。多中心的行政体制具有解决社会问题的巨大优势。     

增量政治改革与社会主义政治文明建设

分析了政治文明以及中国特色的社会主义政治文明的定义、要素和基本特征,指出增量政治改革或增量民主是建立社会主义政治文明的主要途径。着重论述了增量民主的概念、意义、内容、要点,以及通过增量民主所要达到的治理和善治目标。最后,还试图建立起一套评估中国民主治理的指标体系。     

Competition and cooperation in artificial intelligence standard setting: Explaining emergent patterns

Efforts to set standards for artificial intelligence (AI) reveal striking patterns: technical experts hailing from geopolitical rivals, such as the United States and China, readily collaborate on technical AI standards within transnational standard-setting organizations, whereas governments are much less willing to collaborate on global ethical AI standards within international organizations. Whether competition or cooperation prevails can be explained by three variables: the actors that make up the membership of the standard-setting organization, the issues on which the organization's standard-setting efforts focus, and the “games” actors play when trying to set standards within a particular type of organization. A preliminary empirical analysis provides support for the contention that actors, issues, and games affect the prospects for cooperation on global AI standards. It matters because shared standards are vital for achieving truly global frameworks for the governance of AI. Such global frameworks, in turn, lower transaction costs and the probability that the world will witness the emergence of AI systems that threaten human rights and fundamental freedoms.     

How do interests,ideas, and institutions affect multisectoral governance? The case of tobacco governance in two Pacific small island developing states

Multisectoral governance has been recognized to be vital to regulate harmful commodity industries, yet countries struggle with reaching policy coherence due to government agencies' conflicting mandates and industry interference. Limited empirical evidence is available on how interests, ideas, and institutions intersect and influence multisectoral governance in low- and middle-income countries, particularly in Pacific small island developing states (PSIDS), often exploited by vested industry interests and whose non-communicable disease crisis commands urgent action to regulate harmful commodities. This study assessed the ways interests, ideas, and institutions intersect and shape multisectoral tobacco governance in PSIDS. Interviewee data collected in Fiji and Vanuatu show that the idea of individual responsibility, the limited recognition of commercial determinants of health, the centralization of authority, and the vulnerabilities of small island developing states, (including small population, land, economy, geographic isolation, and status as a developing economy), prevent these states from achieving policy coherence in multisectoral tobacco governance.     

Governance through government networks: The G8 and international organizations

As an informal grouping without headquarters, permanent staff or legal powers, the world’s major industrialized countries must rely on other actors, in particular international organizations, to manage global problems. This article examines how the Group of Eight contributes to global governance by cooperating with international organizations in the cases of debt relief and the fight against terrorist finance. It shows that the G8 draws on international institutions with the aid of government networks and argues that this cooperation is stronger, the greater the Group’s concentration of relevant power and the more important it considers the institutions’ resources.     

Myanmar: analyzing problems of transition and intervention

Myanmar's State Peace and Development Council touts the 2010 elections as an important milestone on the roadmap to democracy. While the consensus among scholars is that the result is a foregone conclusion, these elections may also mark the beginning of a transition. As a transition from authoritarian rule may lead to internal chaos and result in calls for external intervention, the relevant dimensions of intervention are explored. The capabilities, interests and approaches of key external players in the context of Myanmar are identified. Both India and China have capabilities and multiple interests in Myanmar. However, the India–China rivalry and the lack of consensus around the responsibility to protect the doctrines are identified as risk factors. In spite of its shortcomings, the ASEAN Regional Forum remains the most appropriate venue to explore possible responses in case of chaos in Myanmar, which would be a tough test of its aptitude and relevance. The forum should upgrade organizational and practical capacities to respond to major crises such as a hypothetical collapse of central authority in Myanmar.     

Decentralization in Tanzania: An assessment of local government discretion and accountability

A large part of the decentralization literature is fragmented along political, fiscal, or administrative lines. In this article we employ a diagnostic framework to draw these dimensions together in a coherent manner to focus on analyzing local government discretion and accountability in Tanzania. Tanzania seems to have a deconcentrated local government system with central appointees having large powers at the local level. Centrally‐funded mandates—such as constructing secondary schools—dominate local government plans and budgets. Central control over administrative functions has ensured that administrative decentralization is yet to occur. In the fiscal sphere, progress has been made in transparency and harmonization of transfers in the last 5 years but local governments still have some way to go in raising own revenues, being less reliant on transfers, and ensuring downward accountability. Copyright © 2010 John Wiley & Sons, Ltd.     

Environmental Federalism Revisited: Second‐Order Devolution in Air Quality Regulation

In this paper we examine states' use of local clean air agencies and provide a preliminary assessment of what causes states to devolve air quality policy authority to the local level. Data from a unique comparative state survey shows that states vary widely in the number of local clean air agencies they employ and the amount of authority these agencies have to set standards, monitor air quality, and enforce regulations. Multivariate analyses suggest that second‐order devolution is partly driven by a general propensity to decentralize policy authority, but that policy‐specific factors relating to the problem and interest group environment affect devolution as well. These findings indicate that local agencies play an important role in U.S. air quality regulation, and that the dynamics of state devolution to local agencies deserve further study.     

International Cooperation to Manage High‐Skill Migration: The Case of India–U.S. Relations

Highly skilled people are among the most valuable factors of production in the contemporary world economy. Some have characterized the competition among nations for these people as a “brain drain” or “war for talent,” which imposes significant costs on the countries of emigration. However, the distribution of costs and benefits that results from high‐skill migration is not necessarily zero‐sum or fixed. It may be altered through international cooperation, producing a self‐reinforcing “win–win” scenario for sending and receiving countries. Bilateral cooperation, focused on specific sectors affected by migration, is the most promising approach for realizing such a scenario. This paper explores the prospects and potential for such cooperation between India and the United States, which comprise what is probably the world's largest high‐skill mobility relationship. After sketching the broad contours of the relationship, we explore the prospects for mutually beneficial cooperation in three specific fields of high‐skill migration: information technology services, medicine and nursing, and graduate education.