东盟国家国际商事仲裁协议制度比较研究

仲裁协议是国际商事仲裁的基石。文章以国际商事仲裁的一般理论为基础,详细地比较分析了东盟主要国家有关国际商事仲裁协议的形式与内容、仲裁协议的当事人、可约定提交仲裁解决的争议事项以及仲裁协议的效力等方面的法律制度。     

The reform-security dilemma in democratic transitions: the Turkish experience as model?

In considering the future of budding Middle Eastern democracies, past experience and scholarship show that a possible outcome for even the most “successful” ones is some form of imperfect democracy. Based within the literature on democratic transitions and hybrid regimes, this article explores possible factors leading to such outcomes. It focuses in particular on reform/security dilemmas, and the resulting evolution of dual state structures, in which an unelected and often authoritarian state establishment coexists with democratic institutions and practices, for example, in countries like Russia, Iran, or Pakistan. Much of the literature views such duality as an impasse, and thus considers these countries as trapped within this “hybridness” – discouraging news both for currently defined “hybrid regimes” and for countries like Egypt and Tunisia, which are now launching democratization processes. To better understand the nature and evolution of such regimes, this article looks at the case of Turkey, first tracing the rise and consolidation of the Turkish inner state, generally equated with the Turkish armed forces. It then looks at the apparent diminishing and integration of the inner state through pacts and coalitions among both civilian and military elements, and calls into question whether the pessimistic view of permanent illiberalness is inevitable.     

Claims to legitimacy count: Why sanctions fail to instigate democratisation in authoritarian regimes

International sanctions are one of the most commonly used tools to instigate democratisation in the post‐Cold War era. However, despite long‐term sanction pressure by the European Union, the United States and/or the United Nations, non‐democratic rule has proven to be extremely persistent. Which domestic and international factors account for the regimes' ability to resist external pressure? Based on a new global dataset on sanctions from 1990 to 2011, the results of a fuzzy set qualitative comparative analysis (fsQCA) provide new insights for the research on sanctions and on authoritarian regimes. Most significantly, sanctions strengthen authoritarian rule if the regime manages to incorporate their existence into its legitimation strategy. Such an unintended ‘rally‐round‐the‐flag’ effect occurs where sanctions are imposed on regimes that possess strong claims to legitimacy and have only limited economic and societal linkages to the sender of sanctions.     

Dead-Letter Regimes in the Post-Soviet Space: Strategies and Communication

ABSTRACT

This article explores why dead-letter regimes, sets of norms and institutions with low efficiency and few expectations of tangible output, have become an enduring feature of international politics in the post-Soviet space. It focuses on the Collective Security Treaty Organization and the Eurasian Economic Union, the two regional regimes promoted by Russia. The article analyzes their emergence and evolution, normative frameworks, performance and member states’ expectations. It argues that, while mostly failing as instruments of strategic action, these regimes have become conduits of communicative action and arenas enabling member states to enact specific international roles.     

八二宪法实施状况评析

评价八二宪法实施状况在理论上是一个非常复杂的系统工程,它涉及到评价方法、评价对象、评价标准等等因素的影响。从总体上来看,八二宪法的绝大多数条款在立法实施层面都得到了比较好的体现,全国人大及其常委会已经通过制定具体法律的形式将现行宪法中的主要条文加以细化,故考察现行宪法具体条文的实施状况应当从考察这些具体法律入手。应当对八二宪法实施状况建立一个兼具客观标准和主观评价相结合的科学评估机制,还应当引进诸如宪法时刻、宪法阻却等等可以明显判定宪法实施状况的基础性概念,才能更有效地来评价八二宪法实施的真实状况,从而为完善宪法实施制度、加强对宪法实施的监督提供准确和有效的分析数据。     

Estonia in the 1990s

Abstract

As Estonia nears its second decade of restored independence, it seems appropriate to offer an overview and assessment of developments during the 1990s.¹ The time perspective is now sufficient to justify such an exercise, and although numerous specific ­­ and often very valuable ­­ studies of various aspects of the transition in Estonia have been published in recent years, they typically remain focused on only part of the overall picture. After a brief look at the process by which an independent Estonia was reestablished in 1991, this article provides a summary analysis of the main trends in domestic politics, foreign policy, economic development, population shifts and society, and culture during the decade of the 1990s. The emphasis is on the political sphere, but all major aspects of Estonia's post-communist evolution are covered.     

Neo-patrimonial practices and sustainability of authoritarian regimes in Eurasia

The article analyzes authoritarian regimes within the post-Soviet territory in terms of informal practices (clannishness, clientelism and patronage) and their characteristics used by political leaders to form a power coalition. It has been argued that any of these informal practices determine a power coalition of a certain size, which is consequential for regime sustainability. Power coalitions formed on the basis of a clan-like nature is the least effective way to retain power and generally leads to regime destabilization. Clientelism, which allows for forming a power coalition on a wider basis, is a more effective strategy in terms of regime sustainability. Maximum regime sustainability is reached when patronage practices are used, which require more material resources and are only accessible to a limited number of wealthy states.     

Police reform in Russia: the policy process in a hybrid regime

Do hybrid regimes have policy processes distinct from other regime types? This article explores this issue through a case study of police reform in Russia, focusing specifically on the adoption of a new Law on the Police from 2009 to 2011. Drawing on concepts from the comparative policymaking literature, the study traces the policy enactment process and shows how the public parts of the process were largely (but not entirely) a façade behind which the real policy process took place.     

The liberalization and (re)regulation of Dutch gambling markets: National consequences of the changing European context

This paper deals with the liberalization of Dutch gambling markets, in particular the (re)regulation of these markets after 2002. It is argued that during the 1990s a neo‐liberal “risk regime” of gambling regulation replaced the traditional moralizing and restrictive gambling policies. However, this risk regime has recently been challenged by the development of Internet gambling, the discussions about the “Services Directive” in the European Parliament and cases brought to the European Court of Justice. These circumstances are redefining the European context for national gambling policies and gambling organizations. Together with a growing risk awareness, this has caused the Dutch government to reconsider its gambling policies. This paper outlines the basic features of the risk regime of gambling regulation, and makes clear that after a decade of great leniency and tremendous market growth, the Dutch gambling markets, including casinos, lotteries and slot machines, were confronted with serious backwashes.     

Identity,procedures and performance: how authoritarian regimes legitimize their rule

ABSTRACT

Constructing convincing legitimacy claims is important for securing the stability of authoritarian regimes. However, extant research has struggled to systematically analyse how authoritarians substantiate their right to rule. We analyse a novel data set on authoritarian regimes’ claims to legitimacy that is based on leading country experts’ assessments of 98 states for the period 1991–2010. This analysis provides key new insights into the inner workings and legitimation strategies of current non-democratic regimes. Closed authoritarian regimes predominately rely on identity-based legitimacy claims (foundational myth, ideology and personalism). In contrast, elections fundamentally change how authoritarian rulers relate to society. In their legitimacy claims, electoral authoritarian regimes focus on their ‘adequate’ procedures, thereby mimicking democracies. All regimes also stress their purported success in proving material welfare and security to their citizens.