投资者革命、股东积极主义与公司法的结构性变革

投资者革命和股东积极主义不仅重塑了公司法的制度环境,而且催醒了股东民主意识,使公司法的传统制度安排面临挑战。为顺应时代发展潮流和强化公司法的时代适应性品格,我国应当大力发展机构投资者并将其吸收到公司治理当中,鼓励和引导网络环境下的股东积极主义行为,进一步弘扬股东民主和股东主权理念,加强和改善机构投资者的公司治理,不断强化其外部监管。     

论司法能动

司法能动赋予法官在法律存在漏洞或无先例可循的情况下创制规则的权力。当代中国的法官应当发挥司法能动性,在裁决过程中充分考虑法律、道德、政策、经济等多种因素,使司法裁决等司法活动,更加符合理性,更加符合法律精神。司法能动的发挥应当遵循一定的规则和限制,而不是纯粹的极端司法能动主义。     

The Stewardship Code's Achilles' Heel

Many concerned about UK corporate governance have urged those who own equity in listed companies to forsake a traditional bias in favour of passivity and act as responsible, engaged ‘owners’. The recent financial crisis has given added impetus to such calls, with the notion of ‘stewardship’ taking centre stage and resulting in July 2010 with the launch of a Stewardship Code targeting UK‐based institutional investors. This paper summarises the Stewardship Code initiative and argues that, primarily due to sustained fragmentation of share ownership occurring over the past 20 years, the Code is unlikely to foster substantially greater shareholder involvement in UK corporate governance.     

论WTO争端解决中的司法克制思想

起源于GATT争端解决实践中的“司法克制”思想,在WTO时代也得以“衣钵继承”并呈现出新的特色。我国作为WTO的成员,必须深入分析WTO争端解决中保持“司法克制”的原因,从“司法克制”的历史轨迹与现实运作中获得理性启示,籍以善用WTO争端解决机制,为我国的对外贸易保驾护航。     

从制度主义转向行动主义的社会治理--读张康之教授《公共行政的行动主义》

近代以来的社会治理突出了制度主义的逻辑，社会治理的一切活动都是在制度的框架下开展的。制度主义逻辑中的社会治理依附于中心—边缘的社会结构，政府位于社会治理的中心，通过制度对社会进行普遍性的统一的治理，结果却在对技术理性的追求中把社会治理导向了精英治理的格局。自20世纪80年代起，人类社会进入了高度复杂性与高度不确定性的历史阶段，政府垄断社会治理的局面受到了挑战，依靠制度的社会治理出现了失灵，因而需要谋求新型社会治理模式的建构。就现实的社会治理过程来看，由于社会治理主体的多元化，行动与制度之间的逻辑关系被重置。民主的内涵从制度转向行动，专注于行动会把社会治理引向合作治理的方向。张康之教授的《公共行政的行动主义》为我们展示了社会治理从制度主义到行动主义的转向，并创造性地描述了走向合作治理的图景。     

Passage to cyberactivism: how dynamics of activism change

The boost to activism to which the internet has largely contributed has been underlined by financial and image issues growing from hacker attacks and the online promotion of activist groups. Emergency corporate counteractions with regard to these cyber threats have not analysed this new phenomenon. The state of the research in this area has consistently remained at the period before the development and widespread use of the internet. Cyberactivism, therefore, is a cyber phenomenon without a clear meaning or a clear definition. In order to understand cyberactivism, it is important to understand that it is much more than simply about hacking and activists' online promotion. It is a new phenomenon, growing out of activism but changing the pressure on corporations. With the internet, new dynamics of issue selection have been established and a different aggregation within groups has taken place. A new organisational set‐up among activist groups puts new pressure on corporations, which must develop new strategies concerning online rules. Cyber actions are originated by individuals triggering a spontaneous relationship between many users. The pressure is no longer the result of a long aggregation into association, but of an immediate and spontaneous network of relationships. Copyright © 2003 Henry Stewart Publications     

Transnational activists,news media representations,and racialized ‘politics of life’: the Christian Peacemaker Team kidnapping in Iraq

In late 2005, four antiwar activists with a group called Christian Peacemaker Teams (CPT) were kidnapped in Baghdad. Two of the men were identified as Canadian citizens, and the other two were an American and a Briton. In March 2006, after nearly four months in captivity, three of the men were rescued through a military operation involving British, American, Canadian, and Iraqi forces, and they were returned to their countries of residence. This essay explores the racialized privileges of Western citizenship status, and in particular, its deployment in transnational (referring to the physical crossing of national borders) interventions made by such activists. Moreover, this essay seeks to understand and reveal the vast distinction between those who carry the privilege of Western citizenship and those who do not, and the subversive possibilities within such asymmetrical power relations. By using media representations of this kidnapping as the focal point of the analysis, this essay explores how racialization and sexuality work together to construct both Western citizenship and national identity.     

Chapter 6: Essential Orientations and Practices

SUMMARY

In civic youth wouth work program staff focus on larger outcomes and do not often attend to the importance of seemingly mundane and simple tasks. Young people talk about how these simple tasks have powerful meaning for them and their work even as adult volunteers talked about the challenges of working democratically with young people. To integrate these perspectives there are some practices that describe how this work is done: co-creation, contributory, interrogatory, contextual, caring-for-the-world, processual, open, invitational, and a commitment to more than the self.     

Untimely Economies of Survival

This article takes the recent turn against hope in breast cancer activism as a point of entry into a broader examination of speculative economies of science that creatively imagine, materialize, and manage futures in the present. It argues that untimeliness – anticipatory, simultaneous, porous, and prognostic in its articulation – captures these alternate arrangements of life and action as they are mobilized in cancer research that hails healthy women as experimental subjects to participate in clinical studies.     

‘I get together with my friends and try to change it’. Young feminist students resist ‘laddism’, ‘rape culture’ and ‘everyday sexism’

Abstract

Contemporary alarm about ‘laddism’ reveals what feminist research and activism has long-recognised; universities, like other social institutions, can be dangerous places for women. Research in the US and, more recently, the UK reveals alarming rates of violence, against women, the cultural and institutional norms which support violence and gaps in institutional responses. In the midst of this contemporary alarm about the university as a hotbed of laddism, there is a risk that the university – a site of potential empowerment and liberation for women (and men) – becomes re-positioned as a danger zone. The limited focus on danger and safety belies the potential of universities to enhance human freedoms through intellectual endeavour. We argue this progressive potential should remain centre-stage, as should university-based resistance to everyday sexism and laddism. This paper analyses accounts of young women feminists (n = 33) in UK and US universities. It explores their use of feminism and features of the university environment to resist and challenge oppressive cultures and practices. It argues that, despite encroaching neoliberalism and enduring sexism, universities continue to provide environments for engagements with feminism, enabling young women students to use feminism to resist and challenge sexism and to envision their feminist futures.