试论WTO反倾销协议的完善

近年来,面对反倾销法的使用出现了被滥用的现状,对反倾销法的探讨已经深入到整套制度的合理与否与发展趋势。完善各国的反倾销法律最根本的出路还在于国际社会的统一行动。文章分析了WTO反倾销协议的改革路径,指出比较现实的途径是对现行的WTO反倾销规则进行修改。修改国际反倾销法应该切实遵循以下原则:1.限制反倾销措施的使用;2.促进公平竞争;3.提高法律的确定性和可预见性;4.考虑发展中国家的需要。在这些原则的指导下,作者对修改反倾销协议提出了具体的建议。     

Status of Forces and Criminal Jurisdiction

This article examines the legal status of armed forces present in friendly foreign territory with a special focus on criminal jurisdiction. Traditionally, this issue has been considered from the perspective of public international law in which immunities play an important role. However, this perspective does not fully cover the criminal jurisdiction provisions in the international agreements dealing with the status of visiting forces (Status of Forces Agreements). This article introduces military operational law as an additional perspective to better understand this specifc approach of Status of Forces Agreements.

     

The Effectiveness of the EU's Ozone Policy

Has the EU's ozone policy been effective? In other words: What caused the 90 per cent phase-out of ozone depleting substances (ODS) within the EU? Was it due to an EU-wide regulatory approach, to national circumstances, or to the Montreal Protocol? As EU's environmental policy has not been overly successful so far, it would interesting to know why ozone policy is an area where the EU and its Member States have reached targets effectively over a relatively short time. We suggest that the effectiveness of EU's ozone policy is due to two factors that together secured this rapid phase-out. First, the ozone policy was enacted by means of an EU regulation – rather than by directives – which required all Member States and all larger ODS-generating corporations to implement a ban simultaneously. Second, with the US administration making a u-turn and the increased availability of ODS-substitute chemicals, Europe saw a political opportunity to speed up the phase-out process. A limited study of the phase-out of ODS in Spain supports this argument. While the EU's ozone policy has been effective, its success owes much to particular economic and political circumstances associated with the issue of ozone depletion.     

论新形势下公安高校学报的使命

公安高校学报的特殊性质，决定了其始终要坚持为公安现实工作服务的使命。在新的形势下．公安高校学报及其编辑人，要通过在编辑各环节中的努力、规范化办刊、准确的读者定位等来保证及实现为公安现实工作服务。     

The EU's Climate Leadership: Reconciling Ambition and Reality

This article argues that while the EU aspires to and is capable of structural, directional and instrumental leadership in the global climate regime, it thus far has not fully utilized this potential. Partly this is because the EU's shortcomings with respect to implementation have reduced the credibility of its leadership, partly because the complex internal negotiations tend to divert attention away from consideration of the impacts of its negotiation position on other countries. Nonetheless, the EU is moving the regime-building process forward. It is recommended that if the EU wishes to continue acting as a leader, it then needs to combine the three types of leadership with a short, medium and long-term strategy.     

WTO框架下的动物福利与公共道德例外

2014年5月22日,欧盟海豹产品案发布上诉报告。该报告第一次在WTO框架下阐释了动物福利措施与公共道德例外的关系。一方面,肯定了欧盟保护与海豹福利相关的公共道德目标的正当性;另一方面,又认为欧盟措施的具体实施方式构成了武断的、不公正的歧视,从而最终否定了欧盟措施的正当性。WTO试图在一成员保护动物福利的权利与其他成员在GATT1994协议的自由贸易权利之间维持平衡。动物福利措施既有其合理的方面,同时又可能成为新型的贸易壁垒,动物福利与自由贸易之间冲突的最终解决需要国内法与国际法的协调。     

The Forces of Conviction: The Power and Practice of Mandatory Prosecution upon Misdemeanor Domestic Battery Suspects

This article provides an ethnographic account of the power and practice of mandatory prosecution upon misdemeanor domestic battery suspects. Integrating law and society studies, domestic violence research, and poststructuralist theories of power, it finds that mandatory prosecution engages suspected batterers in multiple power operations that shape their agency in different ways. While many of these operations are familiar from past law and society research, mandatory prosecution alters their practice. In general, the different tactics that legal authorities deploy in their interactions with domestic battery suspects coalesce in an effort to have them plead guilty. The impact of these tactics on batterers, however, is far from clear. Mandatory prosecution increases the number of persons convicted of domestic violence. But abusers' violence is repeatedly redefined and displaced, as they are processed through the court setting, thus casting doubt on the criminal court's power to affect their accountability. By detailing the court's various points of encounter with domestic battery suspects, this study offers a much-needed empirical framework for future evaluations of court interventions against domestic batterers.     

The Oslo Accords: International Law and the Israeli-Palestine Peace Agreements

Netherlands International Law Review -     

The WTO Legality of the EU's GSP+ Arrangement

In EC—Tariff Preferences, the Appellate Body held thatthe WTO Enabling Clause permitted developed countries to grantbetter tariff treatment to some developing countries than toothers, subject to certain conditions. It held further thatthese conditions were not met by the EU's so-called ‘drugsarrangement’, a system of additional preferences (normallyduty free treatment) for certain countries which the EU haddetermined were in need of special tariff preferences, thanksto their involvement in combating the production and traffickingof narcotics. In response to this ruling, when the EU renewedits GSP programme in 2005, it replaced its drugs arrangementand two similar, though less generous, labour and environmentarrangements with a new arrangement popularly known as the ‘GSP+arrangement’. Under this arrangement, additional tariffpreferences (normally duty free treatment), were made availableto developing countries committing to ratify and implement alist of human rights and good governance conventions. Accordingto the EU, the GSP+ arrangement complies with the AppellateBody's interpretation of the Enabling Clause. This article arguesthat it does not. This is primarily because of the substantivecriteria chosen by the EU to select GSP+ beneficiaries, whichdo not meet the Appellate Body's criteria for differential tarifftreatment of developing countries. Second, it is because theEU's requirement that would-be beneficiaries must have appliedby a certain date, replicates the problem of the ‘closedlist’ of beneficiaries that was fatal to the earlier incarnationof the EU's GSP program. The article concludes with some suggestionsfor designing a GSP+ arrangement more likely to meet the AppellateBody's conditions than the EU's present arrangement.     

State Aid Control: Substance and Procedure in the Europe Agreements and the Stabilisation and Association Agreements

Abstract:   Community agreements with third countries frequently contain provisions on State aids. These provisions are designed to achieve a range of different objectives, related both to developing trade between the contracting parties and to economic and legal/regulatory development within the partner State. This paper takes a particular model of State aid clause—those found in the Europe Agreements (EAs) and the Stabilisation and Association Agreements (SAAs)—in order to explore the implications of a harmonisation obligation applied within the context of accession to the EU. In these agreements the State aid rules—and in particular those relating to the application of Community-based criteria—are intended to contribute to the pre-accession adoption of the acquis communautaire by the associate States (including those who are not yet candidates). These clauses are striking in their emphasis on the full adoption of Community-based standards for the approval of aids, including large quantities of 'soft law', while saying very little as to the appropriate procedures for enforcement. The experience of implementing these clauses illustrates the practical difficulties of applying Community norms and standards outside the procedural structures, integration mechanisms and single market objectives of actual EU membership. The associate States are required to demonstrate their capacity for applying and enforcing the Community-derived rules while balancing the needs of their own economic development against an undefined 'common interest'.     

The Legal Status of Afghan Refugees in Pakistan, a Story of Eight Agreements and Two Suppressed Premises

Over 25 per cent of present day refugees enjoy asylum in Pakistan,most of them having been there for more than a quarter of acentury. Pakistan is not, however, a party to either the 1951Convention relating to the Status of Refugees or the 1967 Protocolrelating to the Status of Refugees. The legal status of theAfghan refugees it hosts is therefore not a foregone conclusion,even though they were considered to be refugees on a prima faciebasis during the first two decades of their exile in Pakistan.This article identifies the legal status of the Afghan refugeeson the basis of a series of agreements Pakistan concluded withUNHCR and also occasionally with Afghanistan. By virtue of thelast of the series of agreements, Afghan refugees can returnto Afghanistan under a UNHCR-assisted voluntary repatriationprogramme until December 2009. In view of the fact that allAfghans have been granted leave to stay in Pakistan until thesame date, many are expected to stay in Pakistan rather thanreturn with the assistance of UNHCR. Unlike the preceding agreements,the last one does not address the fate of those who will stillbe in Pakistan upon completion of the voluntary repatriationprogramme. It seems therefore imperative to identify the legalstatus and corresponding entitlements of the Afghan refugees.It is argued that the prima facie recognition of refugee statuscan be sustained on the basis of the agreements referred to.In addition it is argued that the current ‘profiling’exercise of UNHCR, even while presumably beneficial for themost vulnerable refugees, is irreconcilable with the statusand entitlements of the Afghan refugees, and the same holdstrue with respect to the usual practice of ‘screening’those refugees who have opted not to return under a voluntaryrepatriation programme. An alternative that would be reconcilableis a collective cessation of refugee status if and when thesituation in the country of origin so warrants, provided individualrefugees may contest this.     

论后现代主义的使命

后现代主义的目标在于探索某种有益的世界秩序和新的世界观,它通过对现代社会和现代精神的剖析,指出现代主义没落的根源是崇尚个人主义,并提出了用主体的融合代替个人主义的主张。然而,这一主张缺乏必要的社会基础和思想基础是其弱点。     

Mixed Messages and Mixed Results: The EU's Promotion of Human Rights in Turkey

In spite of the fact that human rights appear, based on proclamations made by EU representatives, to be of critical importance in the EU's negotiations with Turkey, human rights reform has not been a primary target of pre‐accession aid to Turkey. Why is human rights reform not a central priority in the EU's allocation of aid in this case? First, Commission representatives and Members of the European Parliament disagree over the relative importance of the status of human rights in the pre‐accession reform process. Second, the format of the aid allocation process magnifies inconsistencies in the EU's approach to human rights reform.     

The Cocoon of Power: Democratic Implications of Interinstitutional Agreements

Abstract:  This article assesses Interinstitutional Agreements (IIAs) in terms of democratic theory. It starts from the premise that democratic rules as developed in the national context may be used as a yardstick for supranational governance as well. Thus, parliamentarisation of the Union is defined as an increase in democracy, although relating problems such as weak European party systems, low turnouts, and remoteness are not to be neglected. The article evaluates several case studies on IIAs in this vein and asks whether they strengthen the European Parliament or not, and why. It arrives at conclusions that allow for differentiation: empowerment of the European Parliament occurs in particular when authorisation to conclude an IIA stems from the Treaty or from the power that the European Parliament has in crucial fields such as the budget and is willing to use for this purpose. Success is, however, not guaranteed in every case, and is sometimes more symbolic than real. However, a democratic critique must also stress negative consequences of IIAs in terms of responsivity, accountability, and transparency.     

论国际投资协定下国有企业国民待遇的适用

国有企业已经稳定成为国际投资市场的参与者,因此可以从投资者身份去看待国有企业与相关规定适应状况。从国有企业是否是国际投资协定中投资者出发,可以初步判断其能否享有协定下国民待遇。但也存在着因为“相似情形”解释不明、根本例外条款内容不明等情况而无法实际享有国民待遇的情况。我国所签署的国际投资协定基本可以保障我国国有企业享有国民待遇,但仍然存在个别例外。为此,应当注意在国民待遇条款、根本例外条款制定时的细节问题。