Migration management for the benefit of whom? Interrogating the work of the International Organization for Migration

This paper examines the relationship between the nation-state and migration through the activities of the International Organization for Migration (IOM). The IOM operates at the intersection of nation-states, international human rights regimes, and neo-liberal governance. We find that the IOM enforces the exclusions of asylum seekers and maintains the central role of nation-states in ordering global flows of migration. In addition, we argue that the IOM acts on behalf of nation-states by using the language of international human rights, as though working in the interests of migrants and refugees. In providing a geographic appraisal of the IOM alongside its image and presentation with an analysis of its activities on voluntary returns, we address the new spaces of ‘networked’ governance that control and order migratory flows in the interests of nation-states.     

谈提单仲裁条款的效力

提单产生于14世纪的欧洲,最初仅仅是一份货物收据。随着远洋运输与国际贸易的不断发展，承运人开始印制格式提单，并在提单背面记载大量免责条款。提单背面条款除了免贵条款外通常还有关于争议解决的仲裁条款。提单仲裁条款在海商法律制度中占有特殊的地位，是海上货物运输合同救济中一个重要环节。     

The Colour of the Judge's Eyes: Efficiency as a Criterion for the Legislature and for the Courts

Public Choice - Should courts adjudicate to promote efficiency in theeconomy, or should courts be content to apply the lawas they find it? The literature of law and economicshas much to say about...     

Designing the Voting System for the Council of the European Union

This paper examines thesystem of Qualified Majority Voting, usedby the Council of the European Union, fromthe perspective of enlargement of theUnion. It uses an approach based on powerindices due to Penrose (1946), Banzhaf (1965) and Coleman(1971) to make two analyses: (1) the question ofthe voting power of member countries fromthe point of view of fairness, and (2) thequestion of how the threshold number ofvotes required for QMV should bedetermined. It studies two scenarios forchange from 2005 onwards envisaged by theNice Treaty: (1) no enlargement, the EUcomprising 15 member countries, and (2)full enlargement to 27 members by theaccession of all the present twelvecandidates. The proposal is made that fairweights be determined algorithmically as atechnical or routine matter as themembership changes. The analysis of how thethreshold affects power shows thetrade-offs that countries face betweentheir blocking power and the power of theCouncil to act. The main findings are: (1)that the weights laid down in the NiceTreaty are close to being fair, the onlysignificant discrepancies being theunder-representation of Germany andRomania, and the over-representation ofSpain and Poland; (2) the thresholdrequired for a decision is set too high forthe Council to be an effective decisionmaking body.     

浅析宋诗的"理"与"趣"

宋诗的一个最突出的特点,就是重视思理,在立意上创新,在内容上偏重于哲理思辨。宋诗之＂理＂引人思索,给人智慧。同时,宋诗表现出一种＂乐＂的时代主题,对诗之＂趣＂的追求和表现更成为宋诗的一种普遍风尚。文章分别从＂理＂和＂趣＂两个方面来分析宋诗的特点,研究宋诗的审美倾向。     

Planning for Brexit: the Case of the 1975 Referendum

Both during and since the 2016 referendum on the UK's membership of the European Union, concerns were raised as to the absence of contingency planning within Whitehall. This situation was in direct contrast with 1975, when extensive planning took place for the possibility of a vote to leave the European Community. However, there has been little in the way of detailed analysis of the contingency planning undertaken in 1975. Using archival evidence of the Wilson government's preparations, this article highlights the complex challenge that withdrawal would have posed for the UK in 1975, the tensions that existed between the political imperative for a swift withdrawal, in the event of a leave vote, and the civil service's concerns as to whether such a withdrawal was deliverable. Finally, it shows how dependent the UK's position would have been on the approach taken by the other members of the EC.     

Assessing the validity of the logit method for ecological inference

Abstract. The logit method for ecological inference, presented by Thomsen in 1987, estimates individual level voting behaviour from aggregate election results. Making comparisons with survey results, this article tests the validity of ecological estimates of voter mobility between parties at three Danish, five Swedish and three Finnish election periods. For all three countries, the ecological estimates are rather close to survey results, but in the cases of Denmark and Sweden the validity of the ecological estimates seems lower than the validity of the survey results. However, for both countries, the differences between the ecological estimates and the survey results show a stable pattern which can be interpreted within the framework of a general logit theory.     

对解放思想方法论原则的思考

解放思想是发展中国特色社会主义的一大法宝。只有坚持马克思主义科学世界观和方法论,才能真正做到思想解放。解放思想必须遵循客观规律,必须从实际出发,必须树立世界眼光,必须把握发展趋势,必须勇于尝试创新,必须敢于自我否定。     

侵占罪之侵犯对象刍议

侵占罪是我国现行刑法新增加的罪名,从刑法条文规定来看,本罪之侵犯对象应为代为保管的他人财物、他人的遗忘物及他人的埋藏物三类.但在司法理论及实践中,有关这三类财物的具体范畴还是众说不一,有待深入研讨和分析的.本文作者从理论及实践角度对这三类财物应注意把握和界定的有关问题作了较为具体的论述,这对于正确理解和把握侵占罪是十分有益的.     

On the design of optimal mechanisms for the Arrow-Hahn-McKenzie economy

This essay presents necessary and sufficient first-order conditions for the general design of allocation mechanisms that decentralize Pareto optimal decisions in Arrow-Hahn-McKenzie (AHM) economies. An AHM economy is distinguished from the usual Arrow-Debreu private ownership economy since the consumption or production of any commodity may induce externalities, including initially endowed commodities. Because competitive markets will not generally internalize all externalities efficiently, the mechanism design must be generalized to include a rule that computes prices for commodities appearing as initial endowments so as to define consumers' individual budget sets. A natural design criterion for the generalized allocation mechanism is to have agents communicate both price and allocation messages to the center, enlarging the message space relative to that necessary for implementing mechanisms in Arrow-Debreu economies. The larger message spaces give agents increased flexibility, which has two significant consequences: (1) the dominant-strategy property of the Demand-Revealing Mechanism in economies with only public goods, a single pure private good, and quasilinear preferences, is lost unless the center adopts an enforcement structure that suitably restricts the allocation messages that agents may transmit; (2) if an endowed commodity is not a pure private good, then the Demand-Revealing Mechanism loses the dominant-strategy property, regardless of the enforcement structure adopted or of the nature of consumers' preferences, so that the problem is exacerbated in general AHM economies.     

Institutional Framework for the Province of all Mankind: Lessons from the International Seabed Authority for the Governance of Commercial Space Mining

This article addresses the current lack of a legal framework for the use of space resources found on asteroids and other celestial bodies. In a world of growing inequality and in face of the increasing commercialization of space, governance structures are needed to ensure that the benefits of the “province of all mankind” are not solely reaped by those industrialized nations that have the technological and financial capabilities. Drawing upon the practical achievements of the International Seabed Authority governing the extraction of natural resources from the seabed in areas beyond national jurisdiction, a discursive policy framework for the equitable development of the global commons of space is proposed. Acknowledging the importance of a multi-disciplinary approach, the normative structure is complemented by the insight gained from stakeholders from across sectors, in a critical effort to unite political, ethical, and commercial considerations.