WTO下两岸经济一体化的法律定位、依据与原则

WTO下两岸四地间的制度性经济一体化,本质上是同一主权国家内部不同关税区作为WTO平等成员方之间的经济一体化安排。所谓“国内经贸关系论”与“泛国际化论”,从国际法与国内法的角度看,都是难以成立的。援引“WTO一体化例外”规定,既是其法律依据,也是其现实选择。这种法律定位与依据,对WTO下两岸经济一体化机制与模式安排有着明确的规范意义。实践中两岸经济一体化机制与模式安排选择,应在WTO规则、一个中国的国家主权架构、一体化深化发展要求三者构成的约束空间中进行,并应遵循一套基本原则。     

欧盟“CR”法规的延伸思考

加入WTO,标志着中国的改革开放将进入"高级阶段".我们需要应对WTO,以欧盟"CR"法规为资料研究WTO,以便从容应对,使中国企业在品牌竞争和集团化的发展进程中,最大限度地走向开放和壮大.     

信息技术与学科教学整合的几点探讨--兼谈课程教改

信息技术与学科教学整合,是通过学科课程把信息技术与学科教学有机地结合起来,改善教与学的效果.它可通过教学模式的转变、教学资源建设、新教学结构的探索以及教学设计水平的提高等途径实现.按信息技术与学科教学整合的理念进行教改,必须革新传统的教育观念、改革教学目标和内容,改革教育形式和方法,改革教育的组织.     

Agonizing Reappraisals: Anthony Eden, John Foster Dulles and the Crisis of European Defence, 1953-54

In 1953, the US government threatened to undertake an 'agonizing reappraisal' of its commitment to European security if the rearmament of West Germany through the European Defence Community (EDC) came to nothing. Although many in Europe dismissed the threat as a bluff, the British government, and Foreign Secretary Anthony Eden in particular, took it extremely seriously. In September 1954, following the demise of the EDC, the British broke with long-standing tradition and pledged to retain military forces in Germany at a set level for as long as their European allies so desired. This was Britain's own 'agonizing reappraisal', undertaken at Eden's prompting to neutralise the danger of the United States implementing its own version.     

The Sovereign German States and the Code Napoléon. What Spoke for its Adoption in the Rhine Confederation?

In the principality of Hesse-Nassau and the other states of the Rhine Confederation (1806–1814) the sovereign princes were eventually to comply with Napoleon's wishes and adopt the Code Napoléon (CN). The subject treated here is how this adoption came about.French law was more modern than contemporary German law. Napoleon wanted the CN to be adopted in all the states where French troops were stationed. The sovereigns of the states of the Rhine Confederation (1806–1814) asked their lawyers to assemble at the Congress of Giessen for the purpose of creating a common version of the CN for their respective states. This involved solving various problems.It was the liberals in South Germany, not the conservatives and the nationalists in Prussia, who accepted the CN as a modern, liberal and sophisticated body of law. But for the liberals, too, there was a critical point: the definition of who was subject to the law in the CN. This was no longer the individual owner of property, but the citizen of a sovereign state who was a member of his nation. This definition was unacceptable to Germans because, under the German conditions of the period, their membership of a nation and their citizenship of a sovereign state differed.People did not have their estates in just one of the little post-Empire states, but in several. (But only in one state were they given the status of being subject to the common law.) Herr von Almendingen, an important lawyer of the period, suggested a European nationality!     

Product Liability in the European Union: Compensation and Deterrence Issues

In Europe a common standard of strict liability has been introduced with the European directive 85/374. The implementation of this Directive has not led to an expansion of product liability cases. Moreover neither the product nor the insurance market has been dislocated as in the United States. Both the fact that most liability cases continue to be discussed under national legislation—even when it is based on liability with fault—and the different price of insurance in Eurpean Countries show that the directive did not reach its harmonisation goals. We discuss the optional provisions that limit strict liability under the directive, but claim that the scarce impact of liability laws—in spite of increasing concerns for product safety—may be due to compensation provided by the Welfare State and to the cost of access to justice in Europe. Compensation by the Welfare State is inadequate with respect to the internalisation of the cost of accidents especially when public institutions do not file claims against liable producers. Product safety regulation should have performed the deterrence function. However we also point out that the threat of reputation losses is a powerful incentive for firms to carefully control product safety, when consumers increasingly care about product quality and accidents are heavily advertised by media.JEL Classification: K13, K41     

贸易投资一体化与中国对外开放战略

加入WTO后 ,我国的对外开放面临着质的变化 ,即由主动性开放向被动性开放、由政策性开放向制度性开放转变 ,国际分工环境也出现了不同以往的诸多新特征 ,经济全球化、要素分工和贸易投资一体化成为世界经济发展的主流。在这种情况下 ,中国的对外开放应有新思路 ,要适应贸易投资一体化发展的新趋势 ,努力发挥比较优势 ,不断创造出动态的竞争优势 ,不断提高我国在国际分工体系中的地位。     

Preferring Rome to Brussels: Mapping Interest Group Europeanisation in Italy

ABSTRACT

How much do Italian interest groups undertake their advocacy/lobbying activities at the EU level? How often have groups gained access to different EU level institutions? This paper presents an original conceptualisation for the concept of ‘interest group Europeanisation’, which takes into account both the percentage of EU lobbying and access to EU institutions, and assesses the role of national centrality (i.e. access to national institutional venues and self-perceived influence in national policy-making) in determining whether there is more or less interest group Europeanisation. Original data from a national survey conducted on around 500 Italian interest groups are provided. Groups that are at the core of the national interest system are less likely to undertake a large part of their lobbying activities at the EU level, but more likely to gain EU access.     

Avoiding another Brexit: the subsidiarity principle,the European Convention on Human Rights and the United Kingdom

ABSTRACT

Following a number of controversial judgments, the British government has been pushing for some time for a limitation of the supervisory powers of the Human Rights Court in Strasbourg. On a British proposal, the member states of the Council of Europe agreed in 2012 to include a reference to the subsidiarity principle into the Preamble of the European Convention on Human Rights. This paper describes these developments and explores the possible role of subsidiarity considerations in the context of international human rights protection.     

The European Union’s credibility–expectations gap in its European neighbourhood policy: perspectives from Georgia and Ukraine

ABSTRACT

Fifteen years have passed since the European Union launched the European Neighbourhood Policy (ENP). Despite the EU’s attempts to reload the ENP, first in 2011 and later in 2015, in response to challenges in the neighbourhood, the ENP continues to suffer from a credibility-expectations gap. This article argues that understanding neighbour perceptions of the ENP offers useful insights about the ENP. Supported by twenty-five interviews with Georgian and Ukrainian public officials, the article unveils the EU’s credibility challenge in the Eastern neighbourhood caused by a gap between the EU’s own perception of its role and the role expectations held by the ENP partners, as well as a gap between partners’ expectations and the EU’s performance on the ground. The lack of coherence, legitimacy and consistency has undermined the credibility of the ENP in the eyes of its Eastern partners. The latest review of the ENP does not seem to address the credibility challenge.