演进中的亚洲地区体系

东亚合作更多地表现为一种地区多边合作的过程。作为东亚的一个成员,和平发展的中国无疑是东亚区域合作最重要的动力源之一。从地缘上看,美国不属于东亚范畴。但基于历史原因和美国独特的地位,东亚合作进程又不可能排除美国的影响,甚至需要美国建设性的参与。因此,东亚合作一方面是一个内部一体化的过程,另一方面也涉及到一个对外部开放的问题。如何评估东亚合作进程中的中国的作用、美国对东亚合作进程的影响以及东亚合作背景下中美关系的前景等已经成为学界研究的一个热点。为此,中国国际关系学会、外交学院、美国乔治.华盛顿大学联合举办了“东亚地区合作与中美关系”国际研讨会(2005年11月),中美双方学者就此展开坦诚的对话交流。在会议讨论的基础上,我刊以笔谈形式整理刊发部分学者的观点,以飨读者。     

The Trilateral cooperation

Legal context: The relatively informal agreements setting up the TrilateralCooperation (TC) among the world's three most important patentoffices are contrasted with formal multinational treaties suchas the Patent Law Treaty and the abortive Substantive PatentLaw Treaty. Key points: After its inception in 1983, the TC concentrated initially ondeveloping and implementing standards for electronic storageand retrieval of prior art documents, and facilitation of searching.This was later extended to electronic sharing of priority documentsand to standardization and searching of DNA sequence databases.More recently emphasis has been placed on harmonization of searchingand examination procedures, and working groups have comparedthe approaches of the Trilateral Offices (TOs) to the patentabilityof claims in areas of new technology. Encouragingly, the resultsare usually the same, although the specific objections raisedmay differ. The ultimate goal is to reach a situation in whicha claim allowed by one TO would be accepted by the others withoutfurther examination. Practical significance: The TC has already facilitated search and examination, leadingto lower costs and shorter pendency times than would otherwisebe the case. Further progress depends on harmonization of substantivepatent law, which in turn depends on the willingness of theUSA to accept a first-to-file system.     

Four Lessons for Developing Countries from the Trade Negotiations Over Access to Medicines

After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation.     

SPLIT IDENTITY AND CHILDREN OF DIVORCE

Divorce, although a statistical norm, is a developmental trauma to the children involved. This article looks at the two-camp emotional environment of a divorcing family and its effect on the formation of a child's identity. By examining developmental ages, chosen according to divorce research, the author attempts to show how the interspouse emotional cathexes negatively affect a child's sense of self in ways specific to the child's age at the divorce.     

“The Spectacle of Fearsome Acts”: Crime in the Melting P(l)ot in <Emphasis Type="Italic">Gangs of New York</Emphasis>

This paper explores the multi-layered representations of violence and crime in the recent Hollywood film Gangs of New York [Scorcese (2003) Miramax]. We use our exploration of this film to suggest that popular culture, even through its most mainstream products, can be seen as a critical criminological space where alternative views of law, crime and the state are made available. Rather than understanding Hollywood movies simply as vehicles for disseminating conventional mores, we suggest that they can furnish critical (and complex) points of view on law and crime and that the project of a critical criminology can be strengthened by engaging more forthrightly with these ubiquitous cultural forms.     

The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle?

There is an argument in academic circles that the implied dutyof mutual trust and confidence will evolve to form an all-embracingsuper-principle under which each of the more ‘traditional’implied duties will rest, including the employer’s impliedduty to exercise reasonable care for the welfare and well beingof the employee. The theme of this article is that, on balance,there is no evidence for the emergence of the implied duty ofmutual trust and confidence as a super-principle. If anything,the recent trends in the case law emphasise the distinctivenessof the employer’s duties to exercise reasonable care andtrust and confidence. The article’s aim was to demonstratethat both duties are separate, free-standing duties, sittingon an equal plane in terms of importance. To rationalise one,or all of the implied duties (i.e. the duty to exercise reasonablecare and/or all of the other ‘traditional duties’),as one of the means by which the super-principle of trust andconfidence is, or may be expressed, is to a large extent, aspirational.     

Indigenismo and the Avant‐garde: Jorge Sanjinés' Early Films and the National Project

Jorge Sanjinés' 1960s films Revolución and Ukamau challenge the class and ethnic hierarchies of Bolivian society by casting the proletarian and indigenous masses as revolutionary liberators. The new national imaginary they evoke is tightly bound to the experimental cinematic techniques they employ, since their rejection of rationalist, realist aesthetics signals a partial undermining of the linear time of the modern nation. Ukamau both recalls and resists previous Bolivian indigenismo, which sought to co‐opt the Indian into a national mestizo consciousness. Its exoticist portrayal of the Indian ultimately limits its political effectiveness, but textual and contextual analyses show subversive Indian agency leaking through.