跨国银行境外机构的母国监管责任

美国次贷危机之所以迅速在全球蔓延,其直接原因表现在美国及其他国家的母国监管责任的缺失。巴塞尔协议确立的跨国银行母国并表监管下的联合责任始终是各国奉行的主导规则,但WTO金融服务审慎监管例外制度赋予东道国监管的灵活权限提升了东道国的作用,并影响了巴塞尔协议中母国责任规定的实施。欧盟指令作为区域性合作的代表在母国责任规定上更为完善。中国银行业监管应进一步加强并表原则的法定性,加强并表原则的实质适用,关注境外子行和境外分行不同的监管权限、标准和范畴,才能适应我国银行业国际化和抵御金融危机的要求。     

寻求金融机构国际监管的多样性:对巴塞尔结构的批评与再校准(下)

This Article challenges the prevailing view of the efficacy of harmonized international financial regulation and provides a mechanism for facilitating regulator...     

Conflict Resolution: Lessons from the Dayton Peace Process

The Bosnian War (1992–1995) was one of the most brutal conflicts in Europe since the end of World War II. Thirty‐four cease‐fires failed to produce peace in Bosnia and Herzegovina until the late American diplomat, Richard Holbrooke, brokered one that set the stage for a series of negotiations—starting in the Balkans and ending in Dayton, Ohio. The Dayton peace process finally terminated the Bosnian War. The interplay of military intervention by the North Atlantic Treaty Organization and diplomacy by the United States was remarkable. This article highlights thirteen conflict resolution lessons or “Holbrookeisms” that can be learned from the Dayton peace process. Some aspects of Holbrooke's approach toward the peace process helped him to successfully mediate an end to the Bosnian War, while others contributed toward some of the existing cleavages in today's Bosnian society.     

寻求金融机构国际监管的多样性:对巴塞尔结构的批评与再校准(上)

This Article challenges the prevailing view of the efficacy of harmonized international financial regulation and provides a mechanism for facilitating regulator...     

Baselines for Clean Development Mechanism Projects: The Marrakesh Accords and Beyond

The Marrakesh Accords at the seventh meeting of Conference of Parties (COP-7) finally set the Clean Development Mechanism (CDM) wheel moving by establishing a CDM Board and providing some broad guidelines on baselines for the CDM projects. The broad guidelines provide flexibility to develop baselines, which gives rise to prospect of more than one baseline for a project. This has been illustrated with a case study of Zafarana, a wind farm power project. seven possible baselines emerge when applying the broad guidelines included in the Accords indicating the need for detailed guidelines. In the current scenario, a project developer may have to work-out the best course of action considering criteria such as level of complexity and available expertise to develop the baseline, availability of data, expected return etc.     

Challenges and Outcomes at the Ninth Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change

From 1 to 12 December 2003, the Ninth Session of the Conference of the Parties to the United Nations Framework Convention took place in Milan, Italy. This conference continued the laborious effort of developing an international climate regime by preparing for the Kyoto Protocol’s entry into force. Some two dozen decisions were adopted on a wide range of options for responding to climate change. This paper assesses the progress achieved at the conference on a number of issues. Among these were operational details for implementing forestry projects under the Convention’s Clean Development Mechanism, and guidelines for reporting on greenhouse gas emissions and removals from agriculture, forestry and land-use change. Parties also decided on rules with respect to two funds, the Special Climate Change Fund and the Least Developed Country Fund. With respect to developing countries, Parties continued discussions on rules for building response capacity in light of the expected adverse effects of climate change and transferring environmentally sound technology. They also discussed how to incorporate scientific advice from the Third Assessment Report of the Intergovernmental Panel on Climate Change into the negotiations. Although Russia did not ratify the Kyoto Protocol prior to the conference, Milan demonstrated momentum and interest among Parties to support the climate regime. Nevertheless, it is doubtful whether the detailed discussions were able to contribute to preparing for the long term. To this end, this paper concludes that more discussion and leadership is required to bridge the North/South gap if a post-2012 climate regime is to stand.     

Deconstructing Dayton: Ethnic Politics and the Legacy of War in Bosnia and Herzegovina

Twenty years after the signing of the Dayton Peace Agreement (DPA) which brought the conflict in Bosnia and Herzegovina (BiH) to an end, the dysfunctional nature of the Bosnian state means that the question of how political actors in BiH engage with the DPA as a response to the war remains vitally important. This article argues that moving beyond the ethnicization of politics in BiH enacted by the DPA can be achieved by challenging the understandings of the war which inform the DPA while simultaneously challenging the effects of these understandings in the present. By advancing what I term a ‘deconstructive conclusion’ of the DPA, this article demonstrates the practical utility of Jacques Derrida’s thought for engaging with the legacy of war in BiH.