The influence of functional and geographical diversity in collaboration on product innovation performance in SMEs

Collaboration in innovation is considered an effective strategy to overcome barriers to innovate in SMEs. However, resource constraints and risk of knowledge leakage force management in SMEs to be selective with whom and where to collaborate. Still little is known about interactions between types of partners and their geographical location. This paper sheds new light on the relation between functional and geographical diversity in innovation partners and new-to-the-market and new-to-the-firm innovation performance in SMEs. Using data from two waves (2008 and 2010) of the Community Innovation Survey for Belgium, a positive relation is found between market partners and innovation new-to-the-firm, and between science and global partners and innovation new-to-the-market. A larger diversity in type and in geographical spread of partners is found to be positively associated with innovation new-to-the-market. Cooperation with a diverse set of market partners enhances new-to-the-firm innovation. More diversity in science partners enhances the balance between new-to-the-firm and new-to-the-market innovation. Diversity among international partners enhances new-to-the-firm and new-to-the-market innovation, but not the balance between both. A cooperation strategy balancing functional with geographical partner diversity enhances the balance between new-to-the-firm versus new-to-the-market innovation.     

Partnership or Rivalry between the EU, China and India in Central Asia: The Normative Power of Regional Actors with Global Aspirations

Abstract:  This analysis undertakes a preliminary conceptual assessment of the international agency of the EU, India and China in Central Asia. The contention is that the strategies advanced by Brussels, New Delhi and Beijing in the region reflect not only their desire to introduce a framework of predictability allowing them to make feasible calculations about future intentions, but also the increasing complexity of international life. The claim is that the external agency of the EU, India and China attests to the normative power of their foreign policies. However, the values and norms of the international agency of Brussels, New Delhi and Beijing reflect their distinct experiences and suggest their clashing interests. The article concludes with a brief appraisal of the prospective trends in the interactions between the EU, India and China in Central Asia and contends that it is the patterns of rivalry rather than cooperation that are likely to structure their global agency.     

A review of the evolution and state of transboundary freshwater treaties

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.     

Domestic environmental activists and the governance of the Ganges and Mekong Rivers in India and China

It is generally considered difficult to resolve negative unidirectional externalities within hydro-hegemonic basins in which the upstream powerful riparian has the incentive to unilaterally develop the river without regard to downstream consequences. Weaker downstream riparian states can resort to issue linkages and side payments to coerce a change in the upstream hydro-hegemon’s behavior, but the success of these tools depends on the specific political and economic situation in the basin and on the preferences of the hydro-hegemonic state for cooperation. Neglected in the literature is another possibility. Through a consideration of the sanctioned discourse of watershed management at the domestic levels, this article shows that domestic environmental non-governmental organizations and policy entrepreneurs—through the application of a range of tools—can work to change the domestic water management discourse from a state-hydraulic paradigm to a more sustainable water management paradigm. When these efforts are successful, we can find that these non-state actors can perform a crucial function in cleaning up domestic stretches of international rivers, which produces positive externalities downstream. In the process, they are able of achieving what often years of international negotiations failed to accomplish. Drawing on semi-structured interviews, India’s policies on water quality in the national stretches of Ganges Basin and China’s policies on biodiversity in the national stretches of the Mekong Basin are used to make this argument.     

中美法庭科学实验室比较研究

本文以中美权威部门发布的统计报告以及有关文献报道的数据为基础,通过比较研究,从实验室分布、规模、人力资源、工作量、专业设置、技术标准化、资金、管理体系和信息化9个方面进行深入分析,找出双方的差异和距离,为我国法庭科学实验室的发展建设提供参考依据。     

The Emerging Strategic Partnership between India and the EU: A Critical Appraisal

Abstract:  For a long time, the relations between India and the EU have been largely informed by economics without any similar significant engagement at the political level. In recent times however, amongst others, the changing external environment, the EU's emerging profile as a global actor and India's growing importance both regionally and globally warranted the need for greater political dialogue and cooperation between the two sides. What followed therefore was the formalisation at the highest level of the EU's political dialogue with India and its institutionalisation into a meaningful summit-level partnership leading to a strategic partnership. Areas of divergence and challenges remain but the opportunities that have surfaced are significant and deserving of attention. This article critically analyses the growing strategic partnership between India and the EU in the light of both these realities.     

论现行法律关于水资源环境信息管理体系的规定

关于环境信息的收集、处理、交流和使用的法律规定是环境法的重要组成部分。由于水资源与经济发展和人民生活息息相关,加强和完善有关水资源的信息管理体系的任务显得尤为迫切。本文查证我国有关水资源的法律中关于环境信息的收集、处理、交流和应用的法律规定并分析其实施情况。在这种查证和分析的基础上,本文对如何完善我国水资源环境信息管理体系提出了若干建议。     

Export diversification and economic performance: evidence from Brazil, China, India and South Africa

In this paper we discuss relationship between export diversity and economic performance, focusing on Brazil, China, India and South Africa (BCIS). Using time data on exports over the period 1962?C2000 and Applied General Equilibrium (AGE) models for each country, we note the similarities as well as differences in the patterns of diversification in these countries. We find evidence of a U-shape relationship between per capita income and export specialization in at least China and South Africa, and given that the results from Granger causality testing are inconclusive and not robust with regards to export diversification measures, some preliminary evidence from the results suggest that export diversification Granger causes GDP per capita in Brazil, China and South Africa, but not in India, where it is rather GDP per capita changes that are driving export diversification. From AGE modeling we find that South Africa differs from the other economies in that it is the only case where export diversification has an unambiguously positive impact on economic development while in contrast in Brazil, China and India, it is rather export specialization that is preferred. We show that the manner in which export diversification is obtained may be important: if it is obtained with less of a reduction in traditional exports, the impacts are better (less negative).     

CONFIDENTIAL GEODATA PROTECTION IN CHINA: CHALLENGES,LIABILITY CONCERNS AND POSSIBLE SOLUTIONS

In recent years, a growing number of foreign companies and individuals were involved in geodata violations in China. The Chinese government is facing greater pressure to protect confidential geodata within its territory. Geodata violations occurred in the course of illegal mapping and surveying, geographical and geological data collection and transactions. Although China has reformed laws and regulations to refine some aspects of confidential geodata management, existing rules remain ambiguous and controversial. This article aims to address the liability concerns raised among foreign companies from geodata violations. After defining the three most significant concepts, geological data, mapping and surveying, and state secrets, this article reviews the status quo, reasons for and impacts of geodata violations in China, to find out how big the problem is and why it matters. It then explores the legislative framework of state secrets protection in the context of geodata management; special focus is put on liability issues and problems of the current system. As a response to existing arguments, possible ways to improve confidential geodata protection and some practical tips for foreign businesses are offered.     

循环经济背景下水资源立法的健全与完善

我国水资源及其开发利用现状不容乐观。从循环经济的角度审视现行水资源法律制度,不难发现我国水资源立法存在的几个主要问题。我们应根据循环经济对水资源立法的基本要求建立和完善与循环经济相关的法律制度、加强水资源保护的内容、重视水资源市场机制的作用;还应改进现行水资源立法在立法思路、立法机制、管理体制和法律制度等方面存在的不适应发展循环经济之处;应当调整立法思路、改进立法机制、健全水资源法律体系、完善水资源法律制度设计、充分发挥市场机制的作用,使我国水资源立法更好地适应和推动循环经济的发展。     

Iron triangle of the gong jian fa: Lessons from wrongful convictions in capital cases?

This article examines the iron triangle of the gong jian fa (police, prosecutors and courts) in China, based on Chinese lessons from high-profile wrongful convictions in capital cases. It argues that the iron triangle acts as both an administrative and a political control on such cases, behind which lies overly close cooperation between the three state institutions. This cooperation often results from coordination by local political-legal committees (PLCs). Under this institutional environment, the police, prosecutors and courts have to work together and cooperate with combating crime, without necessary restricts to ensure criminal justice even in capital cases. Responding to repeated occurrences of such typical injustices, China has promoted several waves of justice reforms to prevent and reduce wrongful convictions over the last ten years, but has failed to make substantive progress without effectively addressing the iron triangle. This continued failure calls for a holistic approach to future systemic reform. Particularly, specific measures are required to enhance judicial independence and to reduce intervention from local PLCs during the handling of individual cases. Such reforms would greatly reduce the risk of wrongful convictions in capital cases.     

论国际河流后开发国家的权利与义务

国际河流后开发国家特殊的地理位置使其对国际河流的开发会对先开发国家的既得利益产生重要影响.国家对位于其领土内的国际水资源享有主权是后开发国家对国际河流享有开发利用权最主要的法理基础,“先占主义”理论在国际实践中鲜获支持,国际仲裁、判例进一步确认了后开发国家开发利用国际水资源的权利和义务.故国际河流后开发国家享有开发利用国际河流的权利,同时也应承担相应的国际责任和义务.我国作为大部分国际河流的后开发国家也应受到启示,以实现国际水资源的可持续利用.     

“入世”与我国地理标志保护

根据世贸组织的有关规则 ,我国一旦加入世贸组织 ,将无条件地承担起对其它世贸组织成员地理标志的保护义务 ,同时 ,对方也必须对我国的地理标志实行保护。然而 ,我国国民特别是工商界人士目前对“地理标志”这一概念仍比较模糊 ,保护意识淡薄。政府有关部门对地理标志的管理和保护状况也令人担忧。本文针对我国地理标志管理和保护工作的现状与存在问题 ,提出了一些相应的改进措施和建议     

Transparency in 21st century fisheries management: Options for public participation to enhance conservation and management of international fish stocks

Abstract

Effective implementation of international environmental and natural resource conservation agreements depends not only upon the cooperation of contracting parties, but also upon the ability of the agreement to win the continuing support and input of non‐governmental stakeholders. This view, accepted and advocated by nations in the 1992 Rio Declaration, Agenda 21, and the recent Aarhus Convention on Public Participation, is now being incorporated into modern regional fisheries management organizations. These and earlier fisheries organizations can benefit from an awareness of how other multilateral agreements that adhere to the Rio Declaration and Agenda 21 tenets have enhanced sustainable development through their provisions for transparency and public participation. This article surveys how these regimes have implemented the principles of access to information, access to decision‐making and access to justice, and makes corresponding recommendations to assist fisheries management organizations in achieving their goals.     

Revisiting Purchasing Power Parity for India using threshold cointegration and nonlinear unit root test

This study examines the Purchasing Power Parity (PPP) hypothesis in case of India for her five major trading partners over the period of 1991M₁–2009M₂. The study used the DF-GLS unit root test and threshold autoregressive (TAR) model as well as momentum-TAR (M-TAR) models for empirical analysis. However, we relied on TAR and MTAR models based cointegration tests to draw conclusions because of their superiority to traditional cointegration techniques as these models have limit cycles, amplitude dependent frequencies, and jump phenomena. These models are capable of producing asymmetric limit cycles and are suitable for time series data. Our empirical exercise reveals that PPP hypothesis does not exist for all major trading partners in case of India. This reveals that intermediate goods face high barriers to trade in this sampled countries. This supports the argument that Indian government has not been able to strike out the proper balance between flexibility and stability between real bilateral exchange rates and thus unable to maintaining confidence in the domestic currency that has been evident from the recent fall of rupee in relation to the US dollar.     

《海上交通安全法》修改中对国家海洋权益的考量

《中华人民共和国海上交通安全法》实施至今,中国海上交通管理体制和模式已经发生了很大变化,随着国家＂海洋强国＂战略的实施和海上交通安全管理理念的转变,《中华人民共和国海上交通安全法》面临着修改的迫切需要。面对中国与周边国家海上权益及争端日趋激烈的形势,在探讨海洋强国战略下海上交通安全新内涵及《中华人民共和国海上交通安全法》维护国家海洋权益的基础后,分析指出《中华人民共和国海上交通安全法》在维护海洋权益上存在的问题,建议《中华人民共和国海上交通安全法》在制度上设置方面,建立管辖海域巡航制度、完善港口国监督制度、明晰无害通过和紧追制度、确立中国籍船舶的域外管辖制度、明确部门协作制度,以期更有力地维护国家海洋权益。     

Fostering industry-science cooperation through public funding: differences between universities and public research centres

This paper analyses behavioural additionality of subsidies by regional and EU framework programme public funding granted to business enterprises in terms of the ??instalment?? of research cooperation between industry and science. Acknowledging their specificities in terms of research orientation, research scale, and management of research, the science component is divided in universities and public research centres. Drawing on firm level data provided by the OECD bi-annual business R&D surveys of 2004 and 2006 for Belgium, the main result is that funding by regional governments fosters the instalment of industry-science research cooperation. However, this positive effect is limited to the case of cooperation with public research centres (and not with universities). The prerequisite of commercialisation of research in the case of funding by regional governments could explain this. Public funding provided by the EU framework programme did not exert an impact on the instalment of industry-science cooperation, neither with universities nor with public research centres. This could be due the fact that EU funding is targeted at firms that are already cooperating and does not favour the set-up of new cooperation.     

The Legal Profession as a Social Process: A Theory on Lawyers and Globalization

This article proposes a processual theory of the legal profession. In contrast to the structural, interactional, and collective action approaches, this processual theory conceptualizes the legal profession as a social process that changes over space and time. The social process of the legal profession includes four components: (1) diagnostic struggles over professional expertise; (2) boundary work over professional jurisdictions; (3) migration across geographical areas and status hierarchies; and (4) exchange between professions and the state. Building on the processual theory and using China as a primary example, the author proposes a research agenda for studying lawyers and globalization that seeks to shift the focus of research from the legal elite to ordinary law practitioners, from global law firms to local law firms, and from advanced economies to emerging economies.     

Incomplete Clearinghouse Mandates

In the 2007–08 financial crisis, over‐the‐counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policy makers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial market stability now depends upon these institutions. Yet certain underlying legal and regulatory structures threaten to undermine clearinghouse stability, particularly were a significant clearinghouse to become distressed. This article argues that the clearinghouse mandates are incomplete in that they fail to reform these problematic arrangements. As with electric utilities, the lights at the financial market infrastructures known as clearinghouses must always be on. Yet the legal frameworks for handling a distressed clearinghouse, the problem of clearinghouse recovery, and resolution, remain uncertain. This article advances debate on this issue. It argues that recovery, a private market restructuring process, can be conceptualized as a bargaining game dependent upon time‐critical cooperation between a clearinghouse and members. This article uses transaction cost economics to demonstrate, however, that certain underlying legal and regulatory structures could work at cross‐purposes to this necessary cooperation, and actually increase its cost. Based upon this analysis, it proposes reforms designed to ensure that parties’ incentives promote efficient recovery. In the absence of efficient recovery frameworks, the path of a distressed, significant clearinghouse is likely to resemble that of the government‐backed mortgage lenders whose fate more than ten years after their entry into conservatorship remains uncertain. This article aims to help avoid a repeat of this history.     

论水资源国家所有的必要性

水资源权属在宪法、民法通则和水法中都已经有了明确规定 ,但在民法典起草的过程中 ,对水资源的国家所有权又产生了不同的看法。本文首先以水资源权属的演变为据 ,证明在 2 0世纪中叶以前 ,虽然水资源一直是为私法调整的财产但却不是独立的私有权客体这一事实。通过分析 ,作者认为 ,水资源私有与水资源的整体性、生存价值以及产权多重结构要求相对立 ,而水资源国有既符合水资源作为民法公有物的特殊性质 ,又适应了国家作为特殊民事主体的要求 ,还是实现水资源市场配置的必要前提条件。现代各国立法和判例都规定水资源国家所有的事实 ,提醒我们将国家所有权与社会主义公有制在任何时候都捆绑在一起的立法模式和思维习惯应该转换