论转基因技术专利悖论及其霸权与中国应对

无论是国外进口的转基因产品还是我国自主知识产权的转基因产品,在我国的应用都越来越普遍。在转基因产品的背后,是一场关于专利的博弈和对决,在专利的背后,是各种跨国寡头与人民、政府的博弈。专利既可以促进创新,又可以抑制创新,面对极其特殊的转基因,我国应该采取积极措施加以应对,针对转基因技术的特点,建立更加完备的专利体系,从而尽可能保证人民财产安全,平分利益和风险,促进我国科技长远发展。     

Evolving together: transboundary water governance in the Colorado River Basin

International Environmental Agreements: Politics, Law and Economics - Transboundary collaboration between the United States (US) and Mexico in the Colorado River Basin has heightened in recent...     

Regional cooperation,patronage and the ASEAN Agreement on transboundary haze pollution

Transboundary haze pollution is an almost annual occurrence in Southeast Asia. Haze originates from peat and forest fires mostly in Indonesia, with Malaysia and Singapore suffering the worst of its effects. Most of these fires are man-made and linked to land-clearing activities of local and foreign commercial oil palm plantations. The regional nature of the haze has resulted in a concentration of haze mitigation activities at the Association of Southeast Asian Nations (ASEAN) level. However, these initiatives continually fail to effectively mitigate haze. This article argues that this failure is due to the influence of patronage politics in the sector, which is linked to the ASEAN style of regional engagement that prioritises the maintenance of national sovereignty. States are compelled to act in their national interests, as opposed to the collective regional interests. The economic importance of the oil palm sector to the states involved, coupled with the political importance of the clients populating this sector to elite patrons in the governments, meant that the maintenance of the status quo, where clients could continue to clear land using fire, was of crucial national interest. Therefore, the ASEAN style of regional engagement has enabled political elites to shape ASEAN initiatives to preserve the interests of their clients, while the public continue to suffer the haze. This article demonstrates this through a close analysis of the negotiations, outcomes and the implementation of the ASEAN Agreement on transboundary haze pollution, with a special focus on Indonesia’s decision to withhold ratification of the treaty.     

霸权、话语建构、反极权主义:后马克思主义社会批判空间转向

处于后现代主义语境中的西方马克思主义,在20世纪60年代之后逐渐转向了一种后马克思主义的理论视域。以拉克劳和莫菲所代表的后马克思主义,运用话语、霸权等逻辑消弭马克思主义阶级主体的正当性,以此回应现实社会政治变化的趋势,从而提出了激进、多元的民主解放的蓝图。阿伦特的反极权主义理论在20世纪后期可谓独树一帜,体现出让人耳目一新的原创性和洞察力。而反对本质主义、反对极权主义也是后马克思主义的微观政治特征之一。     

美元霸权对货币主权的冲击

现行的国际货币制度实质上是美元本位制.该制度存在诸多弊端,其中之一就是美元霸权对货币主权的冲击,包括对货币垄断发行权的冲击,对取得国际铸币税权利的冲击及对金融调控权的冲击.对货币主权的冲击也是引发本次金融危机的根源.     

The weakness of the strong: re-examining power in transboundary water dynamics

This article proposes a re-examination of how power is conceptualized within transboundary hydropolitics by arguing that power has been misrepresented in the water resources literature. Overemphasis on the factors of a country’s relative power, riparian position, and technological potential to exploit the resource has led to assumptions that the non-hegemon(s) is often unable to achieve their own positive outcomes and that the outcomes of interactions between hegemons and non-hegemons are predictable and detrimental. However, it appears that there are many examples that run counter to the power narrative that employs these factors. This study argues that this overemphasis neglects hegemonic vulnerabilities, which, when included with hegemonic capacities, are much more instructive in explaining transboundary water dynamics. The sources of the weakness of the strong of the alleged hegemon originates from several sources, including interlinkages between water and non-water issues, internal and external expectations, and consideration of whether the water-related issue at hand is crucial to each party’s survival or whether the party has the luxury to survive the outcome of the resolution. These factors allow for non-hegemons to achieve more favorable outcomes and, when incorporated in analysis, provide a fuller picture of the true power balance in each transboundary water interaction. We therefore call for a reconceptualization of power dynamics in transboundary waters that accounts for structural weaknesses present within all parties.     

Water resources data and information exchange in transboundary water treaties

Despite international calls for data and information sharing in transboundary waters and basin-specific evidence of its importance to cooperative management, no systematic research has been undertaken to answer questions of where, how frequently, and which water resources data and information are exchanged. This paper examines all available transboundary water agreements signed between 1900 and 2007 to determine the degree to which water resources data and information is exchanged in the world??s regions, how the level of exchange has developed over time, and the different ways in which data and information sharing has been codified in practice. In doing so, we reveal important trends regarding the mechanisms, types, and frequencies of water resources data and information sharing??as well as differences across temporal and spatial scales, by treaty type and function, and regime type. The results indicate that data and information exchange as already practiced is more nuanced and, in some senses, widespread than may commonly be recognized. Further, the results reveal key linkages between democracy and data and information exchange and provide a basis to test analogous linkages related to data sharing and other variables in transboundary water settings.     

论国际水域利用和保护的原则及对我国的启示——兼论新《水法》立法原则的完善

本文提出了各国在利用和保护国际水域中应遵循的四大原则,即公平合理利用原则、不造成重大损害原则、受益补偿原则、国际合作原则,并结合有关的国际条约和国际司法判例对各原则进行了详细论述.在此基础上,进一步探讨了这些原则对我国利用和保护国内水域资源的一些启示,特别是对新<水法>如何贯彻这些原则以实现国内水域资源的充分利用和有效保护作了较深入的思考.     

Queers and Provocateurs: Hegemony, Ideology, and the "Homosexual Advance" Defense

This exploratory article relies upon a historical-interpretive approach to understanding the relationship between legal narrative and popular consciousness in particular historical moments, focusing especially on "troubled times," in which the legitimacy of a hegemonic worldview embodied in law comes under challenge from a newly ascendant ideology in the popular domain. To discern the nature of that relationship and its implications, I offer a three-pronged analysis, drawing on two original data sets. Initially, each data set is analyzed individually to elaborate the nature of, and changes in, (1) representations of homosexuals circulating in popular culture, and (2) constructions of homosexuals in defendants' narratives in "homosexual advance" homicide cases between 1946 and 2003. Findings from these two analyses are thereafter combined to explore the relationship between the two constructions of homosexuals across that time period. In combination, these three analyses provide empirical evidence that, rather than mirroring changes in popular discourse about homosexuality, the changes revealed in the defense narratives actually opposed them. I use these findings to argue that, in what Swidler (1986) has called "unsettled times," ideological pluralism is pronounced and may be discerned in the complex and sometimes counterintuitive relationships that exist within and between legal narrative and popular discourse.     

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.     

The role of valuation and bargaining in optimising transboundary watercourse treaty regimes

In the face of water scarcity, growing water demands, population increase, ecosystem degradation, or climate change, transboundary watercourse states inevitably have to make difficult decisions on how finite quantities of water are distributed. Such waters, and their associated ecosystem services, offer multiple benefits. Valuation and bargaining can play a key role in the sharing of these ecosystems services and their associated benefits across sovereign borders. Ecosystem services in transboundary watercourses essentially constitute a portfolio of assets. While challenging, their commodification, which creates property rights, supports trading. Such trading offers a means by which to resolve conflicts over competing uses and allows states to optimise their ‘portfolios’. However, despite this potential, adoption of appropriate treaty frameworks that might facilitate a market-based approach to the discovery and allocation of water-related ecosystem services at the transboundary level remains both a challenge and a topic worthy of further study. Drawing upon concepts in law and economics, this paper therefore seeks to advance the study of how treaty frameworks might be developed in a way that supports such a market-based approach to ecosystem services and transboundary waters.     

Dreams and Nightmares of Liberal International Law: Capitalist Accumulation,Natural Rights and State Hegemony

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.     

Tributary-level transboundary water law in the Syr Darya: overlooked stories of practical water cooperation

Conventional emphasis on basin-wide water management has often resulted in the formation of transboundary water law on the basin or near basin scale. In Central Asia, however, the Syr Darya Basin possesses an abundance of tributary-level cooperative agreements that guide and codify water sharing and management on the sub-basin scale. To understand the volume and nature of this cooperation, this paper compiled and analyzed a set of agreements that apply to small transboundary tributaries (STTs) in the Syr Darya Basin. The paper assembled the largest collection of STT water agreements—123 in total—and classified such documents according to a range of criteria including: purpose and objectives, water management issues, and operational mechanisms. Results of this work highlight a rise in sub-basin-scale cooperation in the first decade of the twenty-first century, a time when large-scale cooperation appeared tenuous; a practical orientation to transboundary water management at a small scale; and an abundance of treaties of short time duration. These findings present options related to scale, time duration and focus of transboundary water law that can help inform future treaty development.     

Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

Asphyxial games in children and adolescents

Asphyxial games, as played by young adolescents, and going by various names, are not new phenomena. What seems to be different at present is an increase in lethality introduced by the increasing use of ligatures and "playing" the game alone. The authors present a properly certified but insufficiently appreciated case followed 2 years later by 2 closely spaced but unrelated deaths in young adolescent males that made known this practice in New Hampshire youth. Other cases presented to the author from other jurisdictions are reviewed in aggregate. Presented are characteristics of victims of this practice that may help distinguish these deaths from suicidal asphyxia. A relative paucity of literature regarding asphyxial games outside the realm of autoerotic asphyxia gives rise to certification difficulties given the high prevalence of youth suicide.