论证券跨国公募发行虚假陈述之诉管辖权

本文从证券跨国公募发行的实践出发 ,结合国际民事诉讼管辖权的理论与实践论证了证券跨国公募发行虚假陈述之诉的特殊性 :被告住所地国法院的复合性、递延性 ;侵权行为地的广泛性与随机性 ;各国法院在司法实践中一般都会体现保护中小投资者理念。     

Breaking boundaries,defying borders: transnational networks of gender and race in South Africa and the United States

Abstract

This special issue examines transnational connections and collaborations among women and People of Color from South Africa and the United States, from the late nineteenth to the beginning of the twenty-first century: it considers how connections were fostered and how ideologies travelled. Key figures include Emily Hobhouse, Charlotte Maxeke, Cecilia Lilian Tshabalala, Maude White Katz, Madie Hall-Xuma, Elizabeth Mafeking, Miriam Makeba, Gloria Steinem, and Winnie Madikizela-Mandela. Actively and symbolically, each of these non-state actors approached the relationship between the two nations differently, through political and religious affiliations, and as individuals and through organizations. Many challenged and transcended the restrictions imposed upon them officially, through state-sanctioned segregation and apartheid, but also socially, on account of their gender. These women fostered intellectual and social connections with each other, as well as for their nations, through interpersonal relationships and in print, but also simply – and perhaps most problematically – through abstracted ideas about humanitarianism, motherhood, apartheid, and nation. Such travels and intellectual journeys could prove both mutually beneficial and hierarchically imbalanced, but nonetheless reiterate the continued transnational relevance and resonances between South Africa and the United States.     

Determinants of young people’s civic and political participation in Turkey

This special section provides a timely reflection on current debates that are of extreme relevance in order to gain a better understanding of the concepts of citizenship and active citizenship in Turkey, by looking at the determinants of civic and political participation, at the patterns of political and civic mobilization and at the orientations of political behaviour. Its originality stands on the specific focus on young people in comparison to other age groups. The different papers remark upon the importance that the reframing of the notions of citizenship and active citizenship have in the Turkish context along with the determinants that make this remark more relevant than ever.     

Rights and obligations in civil society organizations: learning active citizenship in Turkey

This is a comparative analysis of whether and how participation in different types of civil society organizations (CSOs) enable an environment for the learning of active citizenship practices. Active citizenship is conceptualized and defined around three dimensions: civic action, social cohesion and self-actualization. The potential to transform citizenship practices is critical to the Turkish context where, rooted in its strong state tradition, citizenship has been conceptualized and practiced in a passive manner. CSOs in Turkey have burgeoned over the past two decades and provide an important space to pursue a wide range of interests and provide services. This study is an in depth analysis of participant experiences in six CSOs in Istanbul. The study distinguishes between CSOs based on indicators that are expected to create variation in how the participant is engaged. CSOs are classified as either rights or obligations based, membership or volunteer based, and finally based on their types of activities. This article presents results on the effect of participation in rights vs. obligations-based CSOs on the development of active citizenship practices.     

Participación política de los migrantes. Reflexiones sobre la extensión de la ciudadanía en Argentina

Political participation for both, foreigners living in Argentina as well as nationals living abroad, is the topic of this paper. Through legislation, both groups have limited, in whole or in part, voting rights. An empirical study is carried out in order to identify that discrimination. The study of the legal framework allows us to verify whether or not migrants are considered political actors, empowered to participate actively in public life, and become part of the common will. This review reveals that there is a heterogeneous landscape of the legislative framework that enables the vote in national, provincial and local elections. It is argued that restricting citizenship to nationality or residence is a simple and unrealistic approach to contemporary human mobility. An open, inclusive and flexible citizenship is more consistent with a true democratic order.     

The Big Society: Power to the People?

The Prime Minister, David Cameron, recently set out his vision of a ‘big society’. Its core themes are empowering communities, redistributing power from the state to citizens and promoting a culture of volunteering. The idea is badly flawed. It overlooks the crucial role that needs to be played by the state in promoting social justice, which is vital to the development of active citizenship and vibrant communities. Moreover, Cameron views the active citizen as simply a philanthropist and volunteer rather than as a politically literate individual, knowledgeable about the major political issues of the day and actively involved in debates about how public or private services ought to be run. The initiative is particularly perverse in the context of the credit crunch, a vitally important cause of which was precisely not the development of an over‐mighty state but rather the inadequate state regulation of free market trading activities by banks.     

Exploring citizenship spheres of inclusion/exclusion: rights as ‘potential for power’

ABSTRACT

Ariely examines the logic of inclusion/exclusion involved in the allocation of social, political and cultural rights to minorities. He argues that the unequal allocation of rights is determined by the degree of potential power inherent in the various types of rights, and that rights with more potential power, such as political and cultural representation rights, challenge the dominant group's position more strongly than rights to social welfare and cultural autonomy. Minorities are included at a higher level in spheres of rights with low potential power, and at a lower level in spheres of rights with higher potential power. He uses the case of the Arab citizens of Israel to illustrate the thesis, reviewing institutional practices of inclusion/exclusion as well as the attitudes of Israeli Jews towards the allocation of different rights as reflected in three attitudinal surveys.     

The UK Politics of Overseas Voting

The enfranchisement of non‐resident citizens has always been controversial in the UK, where for historical reasons, voting rights are not as closely associated with citizenship as elsewhere. The introduction of ‘overseas’ voting in the 1980s by the Conservatives was contested by Labour as a form of ‘international gerrymandering’ since expatriates were widely assumed to be disproportionately wealthy and therefore more likely to vote Tory. Expatriate campaigners have been increasingly vocal in denouncing the ‘electoral injustice’ of the ‘fifteen‐year rule’ which disenfranchises them after fifteen years abroad, and the exclusion of so many from the EU referendum highlighted their cause. A recent private member's bill proposing ‘votes for life’ for UK expatriates aimed to meet their demands to abolish the time restriction, now considered anachronistic. But their arguments were hijacked by historically embedded attitudes and disputes driven by party politics, ending in a dramatic and bewildering filibuster which this paper elucidates.     

The Universal Declaration of Human Rights at Seventy: Rejuvenate or Retire?*

This lecture marks the seventieth anniversary of the Universal Declaration of Human Rights (UDHR) with an analysis of the Declaration's contemporary relevance. It considers whether, in today's turbulent and fractured political environment in which human rights abuses remain widespread, the UDHR still has a role to play. A case is made that the UDHR was, in fact, written precisely for a moment like now. The lecture starts by considering the important legal impact of the UDHR, whilst acknowledging that the legal enforcement of human rights sometimes overshadows the emotions of care and empathy that lie at the heart of both the Declaration and the whole concept of human rights. It then emphasises the significant role the UDHR has played in giving individuals a voice to hold states accountable. Finally, it explores the UDHR's ethical and inspirational vision that helped to create a baseline of norms and standards aimed at promoting diversity, mutual respect and peace. For all these reasons, the UDHR most certainly needs to be rejuvenated rather than retired.     

Political parties and the transnational mobilisation of the emigrant vote

The relationship between political parties and voters is usually analysed in a national framework. However, the majority of states worldwide allow their emigrant citizens to have an absentee vote. This article analyses how parties confront the challenge of mobilising voters across borders. It presents an analytical framework for comparing the scope of party transnational mobilisation strategies across different electoral systems. Drawing on a contextualised qualitative analysis, the article analyses transnational electoral mobilisation of the emigrant vote in recent elections in Spain, France, Italy and Romania. The analysis shows that a cost–benefit analysis of electoral incentives explains the scope of transnational campaign efforts of many of the political parties. Yet the article also suggests locating the analysis of party strategies in the particular context of the transnational electoral field, including the high dispersion, uncertainty and volatility of the emigrant vote and the overlap between the electoral arenas among emigrants and at home.