Trading Refugees for Land and Symbols: The Palestinian Negotiation Strategy in the Oslo Process

This article analyses the negotiation strategy of the PalestineLiberation Organization regarding the refugee issue in the failedIsraeli–Palestinian peace process from 1993 to 2001. Itis argued that the PLO was on the brink of conceding the ‘rightof return’ for the sake of territorial concessions fromIsrael. The author discusses the implications of this strategyfor the domestic legitimacy of the Palestinian leadership, asgiving up the right of return would violate a core tenet inPalestinian national mythology. The PLO negotiators tried tosolve that dilemma by, first, separating the principle of returnfrom its implementation—making it possible for the PLOto remain committed to the principle, while offering compromiseson physical return—and, second, by demanding symbolicgestures from Israel, including acknowledgment of Israel's historicresponsibility for the refugee problem. It is argued that Israel'srefusal to offer a minimum of face-saving gestures preventedthe PLO from formalizing its compromise proposal.     

试析马来西亚华商对华投资的发展、问题与对策

马来西亚华商人数众多,发展道路曲折,是海外华商中最具代表性的一部分。改革开放以来,中国经济迅速崛起,吸引了来自世界各国的投资,其中相当一部分就是马来西亚华人资本。本文就马来西亚华商在中国投资的发展阶段、主要特点、存在问题及相应对策作一概要的探讨。     

Factors of efficiency of multinational companies in Slovenia

This paper investigates factors of the company efficiency for the sample of the multinational companies in Slovenia. Their efficiency performances are compared with similar Slovenian non-multinational companies. The unique in-depth survey evidence is combined with the secondary data from the official registry of companies. The paper finds that efficiency of the multinational companies in Slovenia is determined by the leadership factors in a way of the decision-making in the company and by the way of the motivation of the employees in the company. Among the motivation factors, there are found significant association for the flexible working time, good relations with collaborators and security of employment. The company innovativeness in terms of the considering of new ideas for the improvement of working conditions are also found as factors to significantly contribute to the efficiency of the multinational companies in Slovenia, but less so the company economic culture and the satisfaction of the employees.     

美国司法ADR之考察

美国是现代ADR发展最快的国家。美国的司法ADR对于分流起诉到法院的案件,减轻诉讼机制的压力起到了积极的作用,并在国际上产生了重大的影响。本文对司法ADR的性质,美国司法ADR的利用状况和立法发展,以及美国联邦法院引人ADR的合理性和司法ADR的程序保障等问题进行了研讨。     

On The “Grand Business and Management” Development Style of Chinese Financial and Economic Universities

University's development style is formed in long term, and it is unique and better than others in some aspects. The grand business and management embodies the main stem of modern business and management, crossing and including of multidisciplines in school-running characteristics. In this paper, we began with the concepts of business and business discipline, and employed the Zhejiang Gongshang University as a case to illustrate the definition, reason, and features of grand business and management. The conclusions are that, grand business and management is university's efforts for education, research, service, and culture cultivating to meet the direct and indirect needs of business activities. The features of grand business and management of Zhejiang Gongshang University are combination of industry and business, and nurturing under culture. There are many such cases in their education, research, service, and culture cultivating activities. In short words, grand business and management is the path to establish a unique, famous, and high level Chinese Financial and Economic Universities.     

States' interests as limits to the power of finance: Regulatory reforms in early local government financialization in the US and UK

Through a comparison of typical and deviant cases, this study probes and refines the augmented power model which argues that the structural power of the financial industry fosters its instrumental power in influencing regulatory reforms under certain scope conditions. It shows the industry's success in influencing policymakers to authorize municipalities to use derivatives and thereby to financialize their debt management in the US (typical case). The failure of banks to acquire such a law in the UK (deviant case) reveals a hitherto little-noticed condition under which this power explanation collapses: states' fiscal and monetary constitution. We demonstrate that analyzing the operation of finance power requires a precise consideration of how states' fiscal and monetary constitution structures governments' responses to financial industry's regulatory preferences. Moreover, we conclude that synthesizing business power research with literature on the mutual dependence between states and finance helps to explain patterns of state financialization.     

Credible Empowerment and Deliberative Participation: A Comparative Study of Two Nuclear Energy Policy Deliberation Cases in Korea

What factors make deliberative participation of public policy effective? Why, in some cases, are participants in deliberation more motivated than others, and reach their final judgment in a timely manner, based on systematic processes of opinion gathering and consensus building? By comparing and investigating two recent cases of public participation in energy policy deliberation in Korea, we argue that deliberative participation is more effective when the prospect that the outcome of their activities might be accepted by decision makers is high. The two cases, the public deliberation committee (PDC) on the nuclear waste issue which operated from 2013 to 2015, and the PDC on the nuclear power plant construction issue which operated in 2017, show that they went through similar courses of action, and used similar methods for deliberation. However, while the 2017 PDC has produced clear‐cut policy recommendations, and the government have accepted these, the 2013 PDC failed to reach conclusions on the given critical issues. We argue that the difference in the results is caused by credible empowerment along with two other factors––the sensitivity of issues and the learning effect. Participants of deliberation tend to judge the possibility of the government’s acceptance of their opinions based on either the government’s direct announcement or its inclusiveness in the past policy history. If governments are willing to consult the public to increase legitimacy and transparency, they should send explicit signals to the public on its inclusiveness in the short term, and also should increase credibility in the long term.     

论正当程序原则与警察权的行使

警察权是一种带有强制性的国家权力,它在行使过程中必然会对公民的生命、自由或财产权进行一定的限制或剥夺。依据正当程序原则,警察权的行使,必须通过告知和听审程序,以此对其加以限制和约束,以达到保护公民合法权利之目的,     

美国行政程序证据规则分析

美国行政程序证据规则独立于民事和刑事诉讼证据规则。1946年联邦行政程序法对行政程序证据规则作出原则规定,联邦法院一系列判例丰富和发展了行政程序证据规则。行政官员裁决案件不受联邦证据规则约束,不受传闻证据规则约束,但须符合实质证据规则的要求,受案卷排他原则约束。行政程序中提供证据是当事人的权利,也是当事人的责任,除法律另有规定外,任何证据都可接受。行政程序证明责任分配原则采用"谁主张谁举证"。     

论房产纠纷行政与民事交叉案件之审理对策——兼评《物权法》实施对民事行政关联诉讼审判之影响

目前房产纠纷行政与民事诉讼交叉案件的审判存在很大缺陷,不仅诉讼时间冗长,且难以正确处理二者之间关系,不能有效保护当事人的权利。应当在《物权法》立法精神和原则的指导下,以行政与民事程序"二审合一"审判模式一并审理解决行政与民事关联诉讼的难题,重构房产纠纷行政与民事交叉诉讼的审判对策。