杜甫陇右诗《龙门镇》考

本文从《水经渤和《水经注·图》对西汉水南总两条支流洛谷水、洛溪水的记载进行考察，理清了洛谷水与洛溪水、洛溪水与今六巷河之间的关系，确定洛溪水、洛汉水、六汉水三名实为一水；又对洛溪水的支流“龙门水”以及它的支流“横水”和“页水”进行考察，理清了三水的区别和地理位置；弄清了龙门戍与龙门镇的关系，也弄清了洛谷、龙门谷、洛汉谷的关系及具体位置；并从龙门水的发源、流向、交汇点及其地理特征考证，判定西和县石峡镇石峡街是杜诗“龙门镇”的现地；剖析了成县府城和西和坦途关不是唐“龙门镇”的基本理由，从史料和地理特征两个方面找出了有力证据。     

Reconstructing ‘conflict of interest’ in financial markets: Private management, public challenges, future prospects

Following widespread criticism of financial market (self-)regulation, there is a shift in regulatory mood, explored here with reference to evolving conceptions of conflict of interest. The pre-crisis distinction between conflict of interest (normal, manageable) and its exploitation (unacceptable, legally actionable) has become somewhat eroded, as exemplified by the SEC’s 2010 civil fraud action against investment bank Goldman Sachs. However the settlement of that case on the basis of ‘mistake’ left many questions unanswered: about the meaning(s) of conflict of interest, about managerial mistake versus exploitative intent in administrative/civil cases and equally about the potential for action under criminal law. Looking forward, a judgement of the European Court of Justice on insider trading – concerning a rebuttable assumption of intent – could be taken as a template for ‘drawing the line’ on conflict of interest. Acting on the basis of informational asymmetry could be taken as an indicator of intent and serious wrongdoing unless financial market actors can demonstrate otherwise.     

A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.     

Information Transmission Among World Major Gold Futures Markets： Evidence From High Frequency Synchronous Trading Data

This study examines the international information transmission among three major gold futures markets namely New York Mercantile Exchange in division of Commodity Exchange （COMEX）, Multi Commodity Exchange （MCX）, and Tokyo Commodity Exchange （TOCOM）. The main concept of this research is no matter where gold futures traded, they share the same underlying asset. Two well-documented approaches, which are vector error correction model and information share, are utilized to measure the process of price discovery under this trivariate system. The uniqueness of this study is that it employs synchronous intraday time series which can mitigate the stale price problem from daily observations. The evidences indicate that the three gold futures prices are cointegrated and driven by the same fundamental factors. New arrival information disseminates efficiently among the three markets and the pricing information transmission among exchanges is very rapid. However, the lead-lag relationship among markets still exists with the dominance of COMEX gold futures as the centre of price discovery The US gold futures market is the most efficient in processing information. Its role on price discovery and information can be attributed to COMEX＇s massive trading volume.     

Risk,Social Protection and the World Market

Abstract

This paper sees market building in Asia as part of the larger project of constructing a global market economy – a project which can be traced back to Adam Smith and, more recently, to the founding of a set of global liberal institutions in the post-World War II period. In the last two decades the global liberal impulse behind the creation of these institutions has gained momentum, in step with the emergence of a “world market” of genuinely global scale. The issue of risk is central to the project of building a world market. Following an introduction to the global liberal project, the first section of this paper addresses the question of risk through a critical analysis of the difference between negative risks (both external and internal) that pose a threat to the global liberal project, and the positive risks that the project seeks to embed and incentivise. The second section outlines the treatment of risk in the literature on the “political economy of reform,” and the third provides a detailed analysis of Social Risk Management at the World Bank and the Asian Development Bank over the last decade. The final section reflects on the implications for “building markets in Asia.”     

Mitigating the Risk to Primitive Accumulation: State-building and the Logging Boom in Solomon Islands

Abstract

In recent years, various forms of inter/transnational state-building have become increasingly common as a way of managing the perceived risk posed by dysfunctional governance in so-called fragile states to Western security. In Solomon Islands, the Australian government has led a robust and expansive regional intervention, designed to build the capacity of the Solomon Islands government and bureaucracy to provide more effective governance. Dominant approaches to state-building link state failure with a failure of development and typically involve considerable efforts to promote economic development through the establishing of institutional structures seen to be supportive of liberal markets. Though economic activity has expanded considerably in Solomon Islands following the initial 2003 intervention, much of this has occurred in the unsustainable logging industry, whose expansion is reliant upon primitive accumulation. Therefore, to the extent that the Regional Assistance Mission to Solomon Islands' (RAMSI) state-building programmes have supported market-led growth, they have unwittingly acted to mitigate the risk to primitive accumulation. However, the logging boom occurring on RAMSI's watch is likely to lead to future social and political instability, either as a result of resource-depletion or due to bottom-up forms of social conflict around the destruction of local habitats.     

论免费互联网用户的消费者身份认定——以双边市场理论为视角

任何一个消费者个体或群体都是在市场经济体系中与经营者的互动所形成的,消费者身份的判定必须辅之以这一互动过程的佐证.这一“互动过程”可以笼统地被总结为经营者与消费者之间发生的“生活消费关系”.因此,欲将免费互联网用户认定为消费者身份,必须证明其与互联网经营者之间生活消费关系的存在.而双边市场理论为我们刺透企业“免费”的虚假外表,探知企业真正的运作模式提供了工具,功莫大焉.在这个理论前提之下,我们可以轻易地将免费互联网用户认定为消费者身份.     

Benefits,Challenges, and Enabling Conditions of Collective Action to Promote Sustainable Production and Marketing of Products from Africa's Dry Forests

Collective action has been identified, by governments and nongovernmental organizations, as a mechanism to improve smallholder farmers' bargaining power and access to input and output markets. In many developing countries, supporting collective action has and continues to be an important policy instrument. However, in the collection and marketing of forest products, recognition of and support for producer organizations, is limited. Data, from focus group discussions, key informant interviews, and an analysis of formal producer organizations' functioning and organizational aspects, were used to examine the motives, benefits, challenges, and enabling conditions of collective action in promoting the sustainable production and marketing of shea, frankincense, and honey from dry forests in Burkina Faso, Ethiopia, and Zambia, respectively. Lessons and key recommendations, including those related to policy, are presented on how collective action through formal producer organizations could be assisted to promote responsible forest products collection and marketing practices that benefit small‐scale producers in Africa's dry forests.     

中国古典文学中水月共咏现象探析

中国古典文学中常常将月意象与水意象相结合,这是因为月与水两个意象都具有相似的象征性和哲理性。水月结合可以写出更加美妙传神的自然景象,可以抒发绵长悠远的情思,也可以表达深遂的理性思想。水月共咏之中消解了水的不羁与豪放,营造出情景交融、虚实相生、韵味无穷的优美审美意境。同时,水月意象的结合使得咏月诗歌中景象更加阔大,写出单纯一轮明月所不能达到的审美意境。     

公民水权的宪政之维

公民水权的内涵和目的决定了其性质,即公民水权是一种人权。可持续发展和环境正义理论及《关于经济、社会和文化权利的国际公约》等人权条约为公民水权的人权性质的确立奠定了坚实的理论基石和法律基础。公民水权的尊重、保护和实现需要从宪法的角度来加以规范,并使其具有可裁判性。印度模式和南非模式为其他发展中国提供了通往可裁判性水权之路。比较而言,南非模式的优越性和其广泛的适应性给我国提供了制度移植的可能。宪法对公民水权和其他经济社会权利的承认、尊重和保护必须以其具有可裁判性为中心。因此,从长远来看,建立宪法诉讼制度或违宪审查制度,南非模式的可裁判性水权在我国才能通过法院获得有效执行。