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.     

气候变化对青藏高原水资源安全的影响

青藏高原不仅是世界屋脊、亚洲水塔和地球第三极，也是中国重要的生态安全屏障和战略资源储备基地，更是资源政治与地缘政治的结合之处。青藏高原是世界上第三大淡水资源“储存库”，气候变化会加速高原地区的冰川消融，改变跨国界河流径流量的年度和季节性变化，增加水资源分配模式的不稳定性，从而加剧地区性水资源稀缺性危机，使地区性洪涝灾害增多，水治理难度提升。气候变化对青藏高原水资源安全的影响会产生连锁性的政治、经济与安全效应，不仅影响高原地区国家的水力开发计划与基础设施安全，加剧地缘政治博弈的复杂性，而且影响中国的海外水电投资，使中国的“一带一路”倡议和水利“十三五”发展规划的实施面临更多的国际压力与挑战。在气候变化的影响下，青藏高原水资源安全涉及十几亿人口的生存和发展问题，涉及亚洲的稳定与和平。对此，中国应积极实践构建人类命运共同体理念，在青藏高原水资源安全的维护上扮演更重要的角色，一方面在技术层面上加强对青藏高原水资源安全动态的深度调查与持续性跟踪研究，另一方面在政治层面上推动高原地区国家的气候治理合作与区域合作框架构建。     

AN EXAMINATION OF RETAIL CLIENTS’ INVESTOR SUITABILITY RULES IN THE COBS AND THE LESSONS FOR CHINA

Nowadays, the complexity of financial products makes it difficult for retail clients to identify investment risks, and there is an increasing tendency for firms, stipulated by the maximum profits, to recommend or enter into unsuitable transactions to or for retail clients while providing services of investment advice and portfolio management, which causes great losses to a significant number of investors. So, in the contemporary society, the investor suitability rules through which retail clients can purchase suitable financial products are the indispensable legal basis of investor protection. Currently, the regulations concerning investor suitability management in China have several problems, including the chaotic legal system, low effectiveness level and defective contents, which may make it difficult for suitability to be applied in justice and managed effectively. Since the UK’s investor suitability rules in the Conduct of Business Sourcebook that apply to retail clients whose contents include requirements of obtaining retail clients’ information, requirements of information to be provided to retail clients and criteria of assessing suitability are clear and comprehensive, the authors believe that the UK’s experiences can provide a great enlightenment for China to better investor suitability management rules, including integrating legal documents and optimizing effectiveness level, rationalizing application scope, adding criteria of assessing suitability and revising specific clauses.     

China's new regulatory regime tailored for the sharing economy: The case of Uber under Chinese local government regulation in comparison to the EU,US, and the UK

Although Uber's arrival in China has resulted in disruptive competition for incumbent taxi companies, it offers an attractive alternative in China's supply-demand-imbalanced urban passenger transport system. China's regulatory regime for Uber has evolved in three stages: from the regulatory vacuum prior to 2015 to its official legalization in 2015–2016, and the enactment of numerous local regulations in 2016, with specific and more demanding requirements for Uber. This policy is a part of the Chinese approach to the gradual liberalization of the urban passenger transport market. Policymakers should consider ‘fair competition’ as the guiding principle to balance the interests of sharing firms and incumbent service providers, as well as between different sharing firms. The core value of this principle lies in the benefits it provides for consumers and the way it engenders a pro-competitive market environment. The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified. In order to recognize whether an Uber-Driver is an employee or independent contractor, a new standard taking into account a range of factors should be established through collective negotiations between the participants of the sharing economy, and dialogues between members of the judiciary, academics, and the policymakers. Further, consumer protection law and personal data protection provisions should apply when sharing firms misuse their distinctive algorithmic management model to compete unfairly to the detriment of consumers and other users. Ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy. When enforcing these rules, a balance should be struck ensuring free data flow that is essential to sharing firms’ innovation and competition, and the need to ensure the level of data security required to underpin a well-functioning sharing society.     

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.     

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.     

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.     

Latin American Regional Integration Progresses Steadily

With growing globalization, regional integration has witnessed a new round of development with a strong momentum. In recent years, in Latin America, a region that started regional integration earliest among the developing countries, regional integration has been advancing steadily. All kinds of regional and sub-regional cooperation organizations have been strengthening dialogue and exchanges in the political, economic, trade, energy, financial and other fields. Regional cooperation is further enhanced. Latin American integration is in a period of relatively sound development.