THE KOLMAR V. SUTEX CASE ON RECIPROCITY IN FOREIGN JUDGMENTS ENFORCEMENT IN CHINA: A WELCOME DEVELOPMENT OR STILL ON THE WRONG TRACK?

In December 2016, the Nanjing Intermediate People’s Court in China issued its ruling in the Kolmar v. Sutex case, where a monetary judgment from Singapore was recognized and enforced against a local textile company. The case confirms that once a foreign country has taken the initiative, Chinese courts will follow up to enforce judgments from that country reciprocally. This is the doctrine of de facto reciprocity adopted by some Chinese courts. The paper surveys the judicial practice of Chinese courts and finds that this area of law is full of confusion and uncertainties due to the lack of applicable rules. Recent developments suggest that China may move away from this approach and adopt a relaxed version of reciprocity, which is worthy of close attention.     

Emerging regional security co‐operation in Europe and the Asia Pacific

European and Asian‐Pacific policymakers need to shift from policies based on competition to those based on co‐operation. If European and Asian‐Pacific states are successful in implementing and strengthening new security institutions on the basis of co‐operative behaviour designed to realize absolute gains, then conflict in these two regions may decrease and regional hegemonic competition may not materialize. It is argued that three key factors will determine the viability of any regional security framework. These are reciprocity in security relations, great power support for the security arrangements and reassurance. In this study's comparative evaluation of Europe and the Asia Pacific, the pursuit of absolute gains through a security regime appears to be a better alternative to relative gains strategies which serve to intensify security dilemmas.

In Europe, rules and norms for state behaviour are being extended throughout the continent through the gradual extension of the West European security institutions to Central and East European states. The NACC and the PfP offer to combine the stability of the North Atlantic Alliance with the principles of co‐operative security at a pan‐European level. In the Asia Pacific, the ASEAN Regional Forum represents a positive initial step towards greater security co‐operation among the ASEAN states and their neighbours, and the United States and China need to give the ARF their full support. The difference between the ARF and NACC and the PfP is that the former does not have a history of successful military collaboration behind it, nor a developed security agenda or structure similar to that now supporting the latter two.     

In Praise of the Commons: Another Case Study

Common-pool allocation systems do not have the best of reputations in economic literature, since they are normally connected with the dissipation of rents. The present case study argues that in the case of procurement and allocation of human organ transplants a reciprocal common-pool allocation system is superior other systems, including market allocation.     

Cross-border crime inroads on integrity in Europe,edited by Petrus C. van Duyne,Georgios A. Antonopoulos,Jackie Harvey,Almir Maljevic,Tom Vander Beken and Klaus von Lampe

This article analyses the cohesion of Addiopizzo’s anti-racketeering campaign in Palermo, Sicily. By supporting entrepreneurs who refuse to pay for protection and by encouraging consumers to support these companies through their consumer power, Addiopizzo has mobilised about 900 companies and 11,000 citizens. Taking social capital theory as a point of departure, this article explores the values of trust and norms of reciprocity among entrepreneurs who joined Addiopizzo’s anti-racketeering campaign. In addition, it analyses their solidarity with colleagues who are victims of extortion. Shared values express a stronger commitment to a movement, reinforce internal solidarity, strengthen the collective identity and reduce the risk of free riders and dropouts. The article reveals not only similarities but also important differences between various groups of joiners. The analysis builds on a unique data-set consisting of questionnaires collected from 277 entrepreneurs who joined the campaign between 2005 and 2011.     

两岸民事判决的认可与执行问题研究

目前两岸互相认可与执行民事判决的规定仍有诸多分歧与差异，表现在对民事确定裁判的概念与内容、国际管辖权、保障法定听审以及两岸法院认可判决的程序和效力等问题之上。本文认为，人民法院的确定判决应有既判力，人民法院作成的调解书应属“民事确定裁判”的指涉范围。解决这些问题的最佳方式，系两岸就民事判决的相互认可与执行签署共同协议。     

Who gains from contract farming? Dependencies,power relations,and institutional change

ABSTRACT

The paper highlights the mechanisms through which outgrower contract farming creates dependencies at the local level. Using sugarcane case study in Malawi, we show that dependencies are created through redefinition of use rights to customary land and through the redefinition of cash flows into outgrower communities. Through this two-dimensional process, corporations can secure access to land, exert control over local communities and transform the local social relations of reciprocity serving as the pillars of resistance. Our results indicate that contract farming changes rural agrarian relations, transforms local family institutions by carefully selecting a few household members with influence into the scheme and selectively dispossessing the poor community members.     

Book Reviews

John F. Manley and Kenneth M. Dolbeare, The Case Against the Constitution: From the Antifederalists to the Present (Armonk, NY: M. E. Sharp, Inc., 1987), 199 pp.

Mark Tushnet, Red, White, and Blue: A Critical Analysis of Constitutional Law (Cambridge: Harvard University Press, 1988), 328 pp.

Sheldon S. Wolin, The Presence of the Past: Essays on the State and the Constitution (Baltimore: The Johns Hopkins University Press, 1989), 228 pp.

Peter Brown, Minority Party: Why Democrats Face Defeat in 1992 and Beyond (Washington, DC: Regnery Gateway, 1991).     

From the headscarf to the burqa: the role of social theorists in shaping laws against the veil

Abstract

Opposition to the burqa is widespread in Europe but not in the United States. What explains the difference? Focusing primarily on the French case and its Belgian facsimile, we seek to underscore the role of social theorists in legitimizing bans on the full veil. Ironically, this role has been largely disregarded by Anglophone theorists who write on the veil, and who often oppose its prohibition. This article suggests that Europe tends to be more repressive towards full veils because its political process is more open to multiple theoretical representations of the phenomenon of veiling. Conversely, the United States is more open to the provocative display of religious symbols in public because the political process is pre-structured by legal conventions that tend to filter out social theory. The push to ban the burqa in France principally derives from its brand of republicanism rather than being a product of racism and Islamophobia. Of particular significance in the French case is the emphasis on reciprocity as a political principle, a principle that is elongated into an ideal of sociability by French theorists in different disciplines. The arguments of these theorists are described, their rationale is explained and the impact of their intervention on the policy process is documented. The French case, where the popular press and legislature play a major role in shaping policy towards the burqa, is contrasted with that of the United States, where the judiciary, defending religious freedom, remains the most influential collective actor. Each country has correspondingly different attitudes to democracy. In France, the mission of democracy is to extend political equality to the social realm whereas in the United States it is religion that is prioritized so as to protect that which is deemed most sacred to the individual.     

Ideals of justice: goals vs. constraints

Amartya Sen describes John Rawls’s ‘justice as fairness’ as ‘transcendental institutionalism’ and develops his realization-focused approach in contrast. But Rawls is no transcendental institutionalist, and Sen’s construal of their opposition occludes a third, relation-based position and a valuable and practical form of ideal theory. What Sen calls transcendental institutionalism and realization-focused comparative theory each treat justice as something to bring about, a problem for experts. A third position treats justice in terms of how we relate to one another rather than of achievement. This position, called ‘justice as reciprocity,’ is consistent with Rawls’s ‘justice as fairness’ and Sen’s normative aspirations, and might form the basis of new and fruitful dialogue between them. By treating justice as a question of how we relate to one another, and treating relation-based ideals as the basis of respectful behavioral constraints (rather than of ends to pursue), ‘justice as reciprocity’ grounds an everyday form of just democratic citizenship.     

Development Made Sexy: how it happened and what it means

This article examines the recent trend among Northern development organisations to represent development as sexy in awareness and fundraising campaigns. The article argues that the ways in which development organisations represent the global South and development work play an important role in the construction of social power relations between people in the global North and the global South. The representation of development as sexy is compared and contrasted to other representations of development that highlight scarcity and deprivation. The article argues that, although the representation of development as sexy avoids portrayals of poor people in the global South as helpless victims, it presents an image of development in which the most important form of agency is Northern charity.