The Case for a Multilateral Agreement on Competition Policy: A Developing Country Perspective

Although the issue of trade and competition policy has beendropped from the Work Programmes of the Doha Round of WorldTrade Organization (WTO) negotiations, it continues to be discussedin other fora and may return to the WTO after the completionof the Round. This article assesses the case for an agreementfrom the perspective of developing countries. It begins by reviewingthe ‘development dimension’ of the WTO debate andthen examines three specific antitrust issues that were of considerablerelevance to developing countries but were not pursued: exportcartels, anti-dumping and intellectual property rights (IPRs).There follows a critical assessment of the empirical and theoreticalarguments for the kind of agreement that was being advocatedto deal with international cartels. Alternative proposals, involvingdeveloping countries ‘outsourcing’ antitrust enforcementto developed countries, are also sceptically examined, as isthe relevance for developing countries of the kind of competitionpolicy that is currently in place in developed countries. Finally,a general approach to international trade agreements suggeststhat developing countries had nothing to gain from the proposalthat was on the table, and the article concludes by proposinga range of more suitable alternatives.     

基于开放型大国视角的中国自主发展战略分析

中国与世界相互依赖的日益紧密既给中国带来机遇,也给中国的发展和国家安全带来挑战.对此,中国应实施自主发展战略,这既是对未来中国发展的总体筹划,也符合中国成长为开放型大国的阶段性要求.自主发展战略主张在对外开放进程中,中国应保持国家自主性,全面提升自主发展能力,为维护国家安全、实现可持续发展和加快和平发展提供可靠的战略保障.     

Modeling Determinants of Individual Punitiveness in a Late Modern Perspective: Data from Japan

Asian Journal of Criminology - There is a growing trend to both theoretically and empirically explain public punitiveness from a general social theory of late modernity. Yet, research which has...     

Academic Research In a Small Country: Called to Serve!

The literature on the interaction between research communities and policymaking processes comes mostly from scholars in large countries with hundreds if not thousands of people working on international environmental issues. In small countries like Belgium and The Netherlands, however, policy networks of academics and decision makers are quite small. Not only are there opportunities for academic researchers to influence policy decisions - there are high expectations that they do so.     

司法公信力的判例法立场

司法公信力的匮乏是当下中国不容忽略的事实,而建立和完善判例制度可以在一定程度上提升司法公信力。判例制度通过满足人们的司法期待,在一定程度和范围内解决司法不公、裁判不一和司法无权威等问题,促进司法公信力的形成。但是,在判例制度与司法公信力的生成之间并没有一种逻辑的必然性,而只是人们在司法运行中所形成的一种习惯性认识。当下中国所倡导的案例指导制度有益于司法公信力的提升,但它并不必然地促进司法公信力的改观。案例指导制度的发展方向应该是弥漫性的判例法。     

Economic Effects and Spin-offs in a Small Space Economy: The Case of Canada

Canada, through a well-focused space program (telecommunications, earth observation, robotics), has succeeded in developing a space industry largely based on SMEs. The result has been significant economic benefits and technological spin-offs. In this article, the results of two programs, the ESA (European Space Agency) and the STEAR (Strategic Technologies in Automation and Robotics), are compared.The ESA program has generated significant indirect effects and spin-offs for Canadian exports. ESA's reputation and network have enabled SMEs to increase export sales of both space products and other commercial products derived from space technologies. The STEAR program has been highly successful in promoting a new generation of SMEs for space robotics, encouraging both spin-in and spin-offs of technologies. The analysis highlights the complementarity of mission- and diffusion-oriented programs in the technology transfer process.     

Explaining Capital Punishment Support in an Abolitionist Country: The Case of the Netherlands

A substantial minority (35%) of the Dutch population is in favor of capital punishment. In this paper, it is argued that in a staunchly abolitionist country such as The Netherlands, the existence and perseverance of such support can be better understood and explained by conceiving of capital punishment support in attitudinal terms as part of a law and order syndrome. Death penalty attitudes are analyzed by means of hierarchic logistic regression analysis. It is shown that support can be modeled quite well, partly in terms of general attitudes to criminal justice, partly in terms of political and sociodemographic parameters. Within the criminal justice attitudes complex, more support is found among those endorsing harsh treatment of offenders, those willing to grant far-reaching powers to justice authorities, those believing that the government is not delivering on the topic of crime fighting, and those who are concerned about the level of crime. Within the political context, more support is enlisted among people who abstain from voting and those who vote at either extreme of the political spectrum as opposed to central parties' supporters. In sociodemographic segments it is the younger and poorly educated who are the strongest supporters of capital punishment. It is suggested that endorsing capital punishment can be better understood as an expressive act, displaying dissatisfaction with judicial and political elites in the country.     

The Transdnistrian Connection: Big Problems from a Small Pseudo-state

Dr Mark Galeotti is Director of the Organised Russian & Eurasian Crime Research Unit at Keele University, UK, and presently Visiting Professor of Security Studies at the School of Criminal Justice, Rutgers – Newark     

疑案·存案·结案——从春阿氏案看清代疑案了结技术

清末春阿氏杀夫案在司法档案和纪实小说中有着不同版本。刑部、法部和大理院轮番审理,未能查出事实真相。大理院迫于结案的压力,以存案的方式了结了该案。判决书内容含混,而处理疑案的技艺则甚为高超。以疑案及其结案技术为切入点,重新审视并评价皇权下的司法实况,可以观察到司法现实复杂而生动的本来面目。     

疑难案件的法哲学争议——一种思想关系的视角

传统法理学将疑难案件当然地视为审判方法论的研究范畴,实际上这是一种误解,疑难案件不仅与审判方法论紧密相连,同时还不可避免地牵涉到法哲学的内容,此外它还是打通一般法理学与审判方法论的重要桥梁.     

Prison Populations as Political Constructs: the Case of Finland,Holland and Sweden

Countries such as Finland, Holland and Sweden have witnessed similar economic and social developments and have been affected by similar crime trends. However, over the past 50 years, the daily prison populations in these three Northern European countries have developed very differently. An attempt is made here to discuss these diverse developments in the light of a perspective that treats daily prison populations as political constructs.1 ¹I am grateful to my translator, David Shannon, and two anonymous referees for their helpful comments.      

从情势变动理论谈我国的死刑存废

通过对现有各种死刑学说主要是通说的分析,指出其各自存在的合理性与困境,以及他们共同的主观性缺陷。引入民法中的＂情势变动理论＂阐述新的＂死刑客观发展说＂,以从相对客观的立场来分析我国死刑的未来前途。并有意将＂废＂的运用修正为＂亡＂,从而将死刑由完全处于被动的被支配地位提升到一个相对客观的能动性地位。同时引用哲学观点,试图通过数学上的坐标系统和曲线模型,进行较为直观的分析。对坐标系统分为情势正效应、负效应和稳定效应三种情况,来反映死刑前途的三种可能性。从而建议国家采取相应措施,应对各种复杂情况,并呼吁学者们学做灵乌——宁鸣而亡不默而生。     

The private value of patents by patent characteristics: evidence from Finland

I use renewal rates and fees to estimate the private value of Finnish patents by patent characteristic. I disaggregate the value estimations by applicant, patent breadth, and technology. Firm patents are 1.5 times more valuable than patents owned by individuals. This holds also when controlling for technology and breadth. There are large differences in values between technologies but in contrast to the usual assumption made in the theoretical literature, broader patents are not necessarily more valuable than narrower ones. Patent value is skewed and therefore the number of patents should be weighted by an index when measuring technological change. I construct this index for Finnish patents and find that renewing a patent one more year signals a 1.5 times more valuable patent.      

Politics and Rights: The Future of the EU from a European Perspective*

Abstract. Beyond Community political minimalism, citizenship, rights and States are today associated with new constitutional ambitions. In this connection this paper draws attention to the “unsaturated” character of national institutions, especially parliamentary institutions, and argues for a re‐elaboration of the classical European conceptions of rights in an institutional rather than a purely individualistic perspective.     

Meeting Human Development Goals with Low Emissions : An Alternative to Emissions Caps for post-Kyoto from a Developing Country Perspective

This paper proposes a post-Kyoto scenario on commitment issues from a developing country perspective in which commitments by developing countries will be linked to human development goals as the first priority and ultimate goal, and then translated to carbon goals. Three different types of commitments are discussed with particular reference to developing country participation, including voluntary, conditional and obligatory. For low-carbon development, there should be no luxurious emissions but human development needs should not be compromised. A progressive and internationally coordinated taxation on carbon is suggested as an incentive mechanism under this approach. However, there are a few issues requiring further examination, including specification of basic needs and determination of progressive tax rates.     

东道国特征与中国对外直接投资的逆向技术溢出——基于投资动机视角的分析

通过2005—2011年中国对全球45个国家的对外直接投资面板数据和交互项实证,本文从OFDI不同投资动机视角,考察了中国投向发达国家、新兴市场国家、资源类国家和发展中国家获得的OFDI逆向技术溢出对中国全要素生产率的差别影响,接着分析了东道国经济发展水平、研发支出占比和东道国资源禀赋对OFDI逆向技术溢出促进中国技术进步的影响。研究结果表明,投向发达国家和资源类国家的OFDI带来的逆向技术溢出会显著促进中国技术进步,而投向新兴市场国家和发展中国家OFDI的影响不显著甚至会有阻碍作用。此外,投向经济发展水平高、研发支出占比高、资本更加充裕的国家对OFDI逆向技术溢出具有显著的促进作用。     

The Transfer of Small Business Assistance Strategies to Emerging Countries: The Case of Malawi

Malawi, located in Southern Africa, was ranked as one of the poorest countries in the world. Small business development was being emphasised by government and donors to expand employment and income. Numerous agencies, financed by government and foreign donors, existed in Malawi to assist the small business sector expand. The formation and much of the technologic know how used by these agency was originally transferred from donor countries. This paper presents results from a study to determine the capacity of these organisations to carry out national employment objectives. Numerous capacity constraints were identified and suggestions were made to improve agency effectiveness. The diverse source of SME assistance know-how was suggested as one cause of the capacity limitation of the agencies.     

办案情况说明的证据学思考

办案情况说明在刑事司法实践中经常使用.但一直没有得到足够的研究,导致很难正确理解其的证据属性,影响了处理刑事案件的质量,因此有必要从证据法学的角度研究办案情况说明.本文论述了办案情况说明作为证据形式存在的必要性,分析了办案情况说明的种类,论证了办案情况说明的证据属性.指出了办案情况说明的证据采信规则,以及具体适用时须注意的一些程序性问题.