The European Community and the Member States in the Dispute Settlement Understanding of the WTO: United or Divided?

Opinion 1/94 of the European Court of Justice determined the competence of the European Community and the Member States to conclude and implement WTO Agreements. Whilst the European Community enjoys exclusive competence to implement the Multilateral Agreements on Trade in Goods, it shares joint competence with the Member States in respect of the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights. However, the Court’s recognition of a division of competences between the Community and the Member States in WTO agreements has given rise to many fears that such a division would greatly complicate Community and Member State participation in WTO Agreements, would create many problems for them in doing so and, as a result, would greatly impede their successful participation in the WTO. Given the benefit of a number of years’ experience in the WTO, this paper focuses on the Dispute Settlement Understanding (DSU) of the WTO and addresses the extent to which the division of competences between the Community and the Member States has affected their participation in the DSU. Primarily, it aims to examine the extent to which the provisions of the DSU affect Community and Member State participation in dispute settlement within the WTO. It then analyses the duty of co-operation imposed on the Community and on Member States by the Court of Justice in Opinion 1/94 in the implementation of the WTO Agreements and the degree to which this duty influences their pursuit of dispute settlement. Finally, the paper examines the manner in which Community and Member State dispute settlement proceedings have evolved in practice, the extent to which the division of powers has penetrated dispute settlement proceedings and the manner in which the Community, the Member States and other WTO members have addressed it. In essence, the paper attempts both to highlight some of the more obvious consequences and effects that the internal division of powers between the Community and the Member States has for their participation in the DSU and to suggest some ways in which these consequences may be manipulated for their mutual and successful settlement of disputes.     

政府架构与运行机制研究:经验与启示

自上世纪80年代以来,西方主要国家进行了一系列卓有成效的政府改革与创新。基于对英国、美国、日本、澳大利亚、新西兰等西方主要国家中央政府机构架构及运行机制的前期研究,本文就政府运行机制及其管理变革的规律性特点及趋势、政府机构设置及管理的趋势、促使政府高效运作的基本保障机制与措施等三个方面进行了分析和总结。     

网络诱致突发事件:概念、特征和处置

近年来网络诱致突发事件已成为政府应急管理实践中的重要课题。本文主要基于该类事件的本质特征,提出了网络诱致突发事件的概念,分析了其生成机理。在此基础上总结了目前该类事件应急处置中的几种消极行为模式及其处置困境,提出了提高该类事件应急处置能力的建议。     

Preventing suicide in prisons, part I. Recommendations from the International Association for Suicide Prevention Task Force on Suicide in Prisons

In 2000 the Department of Mental Health of the World Health Organization (WHO) published a guide named Preventing Suicide. A Resource for Prison Officers as part of the WHO worldwide initiative for the prevention of suicide. In 2007 there are new epidemiological data on prison suicide, a more detailed discussion of risk factors accounting for the generally higher rate of suicide in correctional settings in comparison to the general population, and several strategies for developing screening instruments. As a first step, this paper presents an update of the WHO guide by the Task Force on Suicide in Prisons, created by the International Association for Suicide Prevention. A second paper, by the same Task Force, will present some international comparisons of suicide prevention services in correctional facilities.     

慢性阿片依赖者外周血单个核细胞白介素-2的免疫组织化学研究

探讨长期使用阿片类毒品对人体外周血单个核细胞IL 2蛋白表达的影响。以 2 1例阿片依赖者及 16例正常健康人为研究对象 ,用免疫组化SABC法、DAB染色 ,检测IL 2蛋白表达。 2 1例慢性阿片依赖者PBMCDAB染色细胞阳性率明显低于 16例正常健康人 ,二者具有显著差异 (P <0 0 1)。慢性阿片依赖者PBMCIL 2蛋白合成减少 ,由此使IL 2产生减少 ,这对吸毒者的免疫功能改变有重要作用。     

Goodwill Currency,Changing Faces

Capturing many styles of oxen in gold, bronze,or dressed in colorful lights, is a delight to my camera eyes. In this, the Year of the Ox in the Chinese calendar, I am excited about prospects of a more adven-     

‘We are Like the Living Dead’: Farmer Suicides in Maharashtra,Western India

Findings presented here about farmer suicides in Amravati and Yavatmal districts, Maharashtra, are evaluated in relation to Durkheimian theory, which attributes such acts to an historically specific combination of social and economic causes. Lower and middle caste peasant smallholders found themselves trapped between enhanced aspirations generated by land reform and other post-1947 measures, and the reality of neoliberalism (rising debt, declining income). Suicides among large and medium farmers belonging to the higher castes in Maharashtra were occasioned by failures in business, trade and politics. Such cases are consistent with the argument put forward by Durkheim, that suicide is an effect of individualization, a process of socio-economic ‘estrangement’ from agrarian communities experienced by rural producers in the context of rapid economic growth.     

俞某抢劫案：未成年人重罪案件中的刑事和解适用问题

未成年犯罪嫌疑人俞某，男，作案时16周岁，本市在校未成年人。俞某在另一成年犯罪嫌疑人纠集下，共同对被害人李某进行抢劫。成年犯罪嫌疑人脚踢被害人并进行搜身，俞某则以言语威胁，二人劫得被害人现金人民币100元及塔基亚8250型移动电话一部（价值人民币700元）。后俞某发现被害人李某与自己是同一个村子的人，遂通过同学与被害人及其父母联系，见面后将劫得的手机和现金归还，并主动到公安机关自首。公安机关对其采取取保候审措施。     

结构现实主义外交政策理论的构建与拓展——兼论对理解中国外交政策的启示

基于当下外交政策研究领域所呈现出的理论有效供给不足的局面,国际关系理论界围绕外交政策能否建立简约系统的理论以及结构现实主义外交政策理论是否可行展开了争论。本文对既有争论进行了回顾和梳理,剖析了结构现实主义外交政策理论的必要性与可行性。在此基础上,深入评估了进攻性现实主义、防御性现实主义与新古典现实主义等现实主义理论分支在外交政策理论探索中的进展与不足。同时,本文对结构现实主义外交政策理论的拓展进行了尝试,试图开拓出更加纯粹、有力的理论发展路径,完善结构现实主义外交政策理论的解释力。最后,运用结构现实主义外交政策理论剖析了中国外交存在的规律性现象,并剖析了其在未来外交政策构建中可能得到的体现与拓展。     

Strategies of legitimation in Central Asia: regime durability in Turkmenistan

Located in current debates on one party dictatorships and regime durability, this article explores continuity and disruptions within the Turkmen political elite in their transition from presidents Saparmurat Niyazov (1991–2006) to Gurbanguly Berdymuhamedov (2007-). We are particularly interested in how the change from an idiosyncratic system, based mainly on president Niyazov's personality cult and visible repression of potential opponents, evolved into a more refined system under his successor, Berdymuhamedov. We will thus look at regime efforts to re-brand Turkmenistan without substantially changing the domestic political structures and dynamics. These include the manufacture of ‘opposition parties’ and holding of formal elections every five years while retaining absolute control over the most important political aspects of the country. We suggest the existence of a two-fold strategy to maintain the status quo based on authoritarian tendencies and learning. Whilst the shift from the first to the second president has brought significant changes, it also demonstrates essential continuities that helped the formation of an official domestic and international narrative proclaiming commitment to a number of international standards and national values; and strict control of most, if not all, aspects of national political life.