The Enforcement of the Treaty of Versailles, 1919-1923

This paper uses the episode of the Kapp putsch in March 1920 to isolate and analyze a number of high policy themes that dominated the period from the signature of the Treaty of Versailles through to the Franco-Belgian invasion of the Ruhr. These included: the questions of what mechanisms existed to enforce the treaty; the sanctions available to the victorious governments to enforce their will; the position and problems of the German government; the relationship and suspicions existing between Britain and France and the differing aims, ambitions, and approaches of the major participants.     

The Versailles Settlement and Identity in French Flanders

This article examines the local reactions to the Versailles negotiations and final settlement along the north-eastern frontier of France, discussing both immediate reactions to the post-war conditions, as well as longer-term trends in identity formation within the region. It shows that the practical considerations of rebuilding after the war outweighed desire for revenge upon Germany, and that on average they were less interested in forcing Germany to pay more, than ensuring the short term costs were met whoever paid them. It also shows that the peace settlement did have a concrete effect in solidifying the border as a marker of identity, with increasing distinction made between the French Flemish and the neighbouring Belgian population.     

The Versailles Settlement and Identity in French Flanders

This article examines the local reactions to the Versailles negotiations and final settlement along the north-eastern frontier of France, discussing both immediate reactions to the post-war conditions, as well as longer-term trends in identity formation within the region. It shows that the practical considerations of rebuilding after the war outweighed desire for revenge upon Germany, and that on average they were less interested in forcing Germany to pay more, than ensuring the short term costs were met whoever paid them. It also shows that the peace settlement did have a concrete effect in solidifying the border as a marker of identity, with increasing distinction made between the French Flemish and the neighbouring Belgian population.     

The Political Enforcement of Liberalism: Bargaining, Institutions, and Auto Multinationals in Hungary

The demise of communism triggered large flows of foreign direct investment into Eastern Europe. This article examines the impact of recent changes in the international environment—the transformation of world production systems and the rise of neoliberalism—on bargaining between multinational corporations and post-communist governments. It focuses on the Hungarian automobile industry, one of the region's largest recipients of FDI. The Hungarian case illustrates the ability of small, open, and geopolitically weak states to parlay shifts in the global environment into a bargaining asset. The ascent of lean production heightened pressure on auto MNCs to develop local supplier systems capable of fast delivery of components to East European subsidiaries. The pull of backward integration was particularly strong for Japanese producers, whose non-European status enabled Hungarian state authorities to secure commitments to raising domestic content. Transplanting Japanese-style production in Eastern Europe proved less vexing for European MNCs, whose status as EU-based companies freed them of local-content requirements and whose preexisting supplier networks obviated heavy investments in the Hungarian components industry. But while Western auto producers enjoyed highly favorable terms of entry into Eastern Europe, even they could not elude the paradoxical effects of global changes on MNC/host state relations. The very eastward extension of the European Union's nondiscriminatory rules that facilitated EU-based firms' entry into Hungary also permitted host state authorities to parry efforts by MNCs to obtain particularistic concessions after entry. The Hungarian case thus demonstrates that MNC/host state bargaining in the post–Cold War period hinges more on the global positions of multinationals than on the structural vulnerabilities of capital-importing states ( per dependency theory) or the internal capacity of host states ( per statist theories).     

中缅边界问题的解决:过程与影响

中缅边界问题是新中国成立后解决的第一个边界问题。该问题的解决主要在于中国采取了立足现实的政策,因为中国力图通过边界问题的解决消除其他国家对中国的疑虑、谋求和平的周边环境、反制美国的对华遏制。中缅边界问题的解决将中缅关系推向了高潮,为解决缅甸国民党军问题提供了契机,并给印度造成了一定的压力。     

Dilemmas of Divorce: How Secessionist Identities Cut Both Ways

This paper develops and illustrates a novel theoretical explanation for maximal revisionist challenges to the status quo. I argue that some rising great powers become dissatisfied with the normative and constitutive structure of the status quo and therefore incapable of or unwilling to orient themselves toward reassurance, not because of increasing capabilities but rather due to the domestic political effects produced by perceptions of status immobility—the idea that the status quo is unable to accommodate the rising state's claims to increased status and prestige. I illustrate the argument by showing that Japan's increasing revisionism after 1931 can in large part be explained by widespread perceptions of status immobility linked to Japanese understandings of the role of race in the maintenance of the Western-dominated status hierarchy.     

Compliance without enforcement: State behavior under regulatory treaties

Conclusion The common conception is that treaties are not complied with because they are unenforceable, and that the cure for this condition is treaties with teeth. Our study shows that there are good reasons why states resist formal enforcement measures in treaties and are likely to continue to do so.On the other hand, negotiation, which is the principal method for dealing with compliance problems, has had a significant measure of success. This should not surprise us. Negotiation often produces agreements between parties who are not bound to agree to anything. In the context of a set of treaty norms accepted by the parties and acknowledged as having binding force, bargaining takes place in the shadow of the law as surely as when there is a possibility of ultimate recourse to coercive sanctions.In this article, we suggest some approaches that appear to enhance the effectiveness of this process. Some have close links to general negotiating theory, such as the importance of transparency between the parties and the need for careful attention to the possibilities for non-binding third party involvement. Others are more closely related to the structural features of national and international decision-making. It remains to elaborate on these themes and integrate them with others in a comprehensive account of how and why states comply with treaties. Abram Chayes is the Felix Frankfurter Professor of Law at Harvard Law School, Cambridge, Mass. 02138.Antonia Handler Chayes is a principal in Endispute Inc., 955 Massachusetts Ave., Cambridge, Mass. 02139. Abram and Antonia Chayes are co-directors of the Project on International Compliance and Dispute Settlement, a research project based at the Program on Negotiation at Harvard Law School.     

南非法院对外国判决的承认和执行

新南非成立后,同其他国家的民商事交往日益增加.在国际民商事交往过程中必然会产生大量的民商事纠纷,在运用司法手段解决纠纷的情况下,不可避免地会出现对外国法院判决的承认和执行问题.对外国法院判决的承认和执行具有重要意义,它直接决定着当事人权益的实现与否.南非法深受普通法和大陆法的影响,最终成为典型的“混合法”,因此南非法院对外国法院判决承认和执行的理论基础也是含混不清的. 目前南非法院对外国法院判决内容的是非不再进行详细审查.不过,外国法院判决要在南非得到承认和执行,首先必须符合三个条件1．作出判决的外国法院具有管辖权;2．该判决的承认和执行不得违反南非的自然公正原则;3．该判决不得与南非的《商业保护法》相冲突.     

Negotiation Journal: On the Process of Dispute Settlement

Negotiation Journal -