试论跨国公司的社会责任

As for international direct investment, the transnational corporations are playing a leading role in the fields of international trade, international investment and international intellectual property. In theory and reality, this authors analyze the rationale of the social responsibilities taken by transnational corporations, the main problems in the social responsibilities of transnational corporations and the legislative status, and put forward the functions of the social responsibilities of transnational corporations in promotion of the legal construction of socialist market economy, the reform of the corporate governance and the development of transnational corporations in China. Wang Chuanli, Professor and Doctoral Supervisor of China University of Political Science and Law, Vice-chairman of China Society of International Economic Law, and Vice-chairman of Research Institute of WTO Law (China Law Society), also Arbitrator of China International Economic & Trade Arbitration Commission and Beijing Arbitration Commission. Her main publications are “The Legal Effectiveness of Foreign Economic Contracts”, “International Trade Law of Sales of Goods”, “International Protection of Intellectual Property Rights” and “International Trade Law Government Control on Business”. Moreover, she has published over ten influential discourses on international economic law. In addition, her ongoing research projects include WTO Agriculture Agreement and the Rules of International Agri-products Trade, WTO and International Core labor Standards, and the Role of Judicial Independence of European Court of Justice to Promote the Integration of Europe.     

Sex and the genuine marriage: consummation and conjugality in Canadian citizenship

The idea of consummation as definitive of a marriage seems antiquated today. Yet, consummation operates as a central criterion in determinations of a ‘genuine marriage’ in Canadian immigration law. Drawing on the marriage and migration literature, theorizations of sexual citizenship, and critical multiculturalism, we explore recent judicial considerations of consummation in Canadian family sponsorship adjudications. We searched the CanLII database (a Canadian database of legislation and judicial records) for the keywords ‘non-consummation’ and ‘genuine marriage’ and identified 68 cases. Of these cases, three primary themes emerged: the use of consummation as a ‘technology of love’ – a requirement for assessing the authenticity of the spousal relationship and hence the worthiness of sponsorship; the discursive construction of sexual and gendered norms in expectations around marital intimacy, and the articulation of liberal tolerance and the cultural other in the assessments of genuine marriages among primarily racialized Canadians or permanent residents and their foreign spouses. We challenge these discursive narratives and conclude by arguing that instead of consummation as the basis for genuine marriage, the Law Commission of Canada’s ‘close personal relationship’ model is a better way to assess the ‘genuineness’ of relationships for determining Canadian citizenship.     

跨国公司对国家经济主权的挑战

随着全球化的发展,跨国公司作为经济全球化的载体,在给世界带来利益的同时越来越具有一定的政治行为,跨国公司控制国家经济,参与国家政治,影响国家文化,对主权国家的经济、政治、文化主权提出了挑战。面对国际大环境中日益激烈的竞争,各国联系越来越密切,跨国公司为了追求利益最大化的目标而向国家经济主权提出挑战,使得无论是东道国经济主权,还是母国经济主权都面临严峻的挑战。挑战有利有弊,跨国公司与民族国家要趋利避害,达成相互依存、相互合作的关系,共同发展。     

From British subjects to Australian values: a citizenship-building approach to Australia–Asia relations

Australia–Asia relations are inextricably bound up with the development of notions of statehood and citizenship. The argument advanced here is that the way a state acts within the international community markedly determines how it relates to its own citizens. Here we suggest that the continuing and politically resonant idea of Australia as a ‘middle power’ is a crucial thread that links the international and national dimensions of citizenship building. From the very beginning of Federation, the contingent sovereignty of the new Australian Commonwealth in the imperial order became necessarily entangled with debate over national political institutions and citizenship building. Long after the end of the British Empire, the notion of middle power politics has determined the nature and shape of citizenship building. These statecraft projects of ‘citizenship building’ are profoundly shaped, determined and reinforced by the institutions and policies of regional engagement. We explore this framework through three critical junctures of domestic and external policy: 1. the emergence of dominion status on the basis of a common racial and cultural identity within the empire in the first half of the century;

2. the developing notion of a good international citizen during the Hawke and Keating period;

3. the invocation of Australian values by John Howard.

     

当代商人习惯法理论的发展述评

自20世纪90年代以来,全球化和全球公民社会的发展使商人习惯法的发展再次驶入快车道,有人认为已经进入崭新的商人习惯法阶段。饱受批评的商人习惯法的确定性因规范的编纂而增强,相应地,商人习惯法的理论研究也活跃起来。有学者提出商人习惯法从一开始就是一种独立于国家法和国际法之外的法体系,并用＂自创生＂理论加以论证。但反对者甚至从商人习惯法的历史基础入手来解构这一论点,指出中世纪商人习惯法就不是自治法而独立于其他正式法运行和发展。支持商人习惯法的学者和反对者之间展开了激烈论战,这些论战加深了人们对商人习惯法体系的认识,也使这一法律部门进一步为跨国商业界所熟悉。     

Deeper SCO Cooperation Promises Regional Peace and Development

正LEADERS of the Shanghai Cooperation Organization(SCO)member states gathered on September 11 and 12 in Dushanbe,capital of Tajikistan,for a summit that is set to chart the course of the regional group’s development     

The Responsible Subject As Citizen: Criminal Law, Democracy And The Welfare State

This paper seeks to explain two problems posed by the history of criminal law doctrine by situating them in the context of the political sociology of citizenship. First, the paper outlines the logical connection between the rise to doctrinal orthodoxy of the idea of the responsible subject and the contemporaneous emergence of universal political citizenship. Secondly, it argues that subjectivist orthodoxy in doctrine may be reconciled with the apparently antithetical forms of regulatory strict liability law within the terms of 'modern democratic citizenship' as the latter were conceptualised by T. H. Marshall. Finally, by means of a comparison with Alan Brudner's recent philosophical rationalisation of the modern criminal law, it proposes that situating the criminal law in its environment of citizenship will help us to understand better the tensions that underlie contemporary challenges to its doctrine.     

Personalist Politics, Clientelism and Citizenship: Local Elections in El Alto, Bolivia

The article investigates the citizenship practices of urban Aymara in a neighbourhood of El Alto, Bolivia, through an examination of the municipal elections of December 1999. Using ethnographic methods, I focus on the instrumental and affective sides of clientelism, a central feature of Bolivian elections. I argue that clientelism is a part of citizenship practice, a means of engaging with the state in the person of the politician. A majority of the Bolivian population are marginalised from the oligarchic mestizo system of government, as represented by the traditional political parties. However, at local level, and especially during election campaigns, there is more permeability, and this article sees clientelism as a set of strategies through which citizens attempt to make politics, and politicians, more representative and responsive.     

Transnational Competence in an Emergent Epoch

The article elaborates a framework for understanding the relevance of transnational competence to the dynamics that mark the transformations of our time. Nongovernmental stakeholders interacting through dense civil-society networks that permeate domestic-foreign frontiers bear increasing responsibility for the course of events. Based on linked interests, interorganizational knowledge generation and aggregation, partnerships, and interpersonal/intercultural interactions, they are deeply involved in addressing the many challenges posed by an ever more interdependent world. Transnational competence lubricates transterritorial networks and projects. Here, the authors extend earlier work that posited a worldwide skill revolution both by developing explicit dimensions of transnational competence and by introducing a behavioral component. The new framework provides analytical groundwork for explaining why some people, groups, and networks are more effective than others in forging meaningful transnational solidarities, negotiating and benefiting from the intensifying experience of globalization, and waging successful transnational campaigns. The article also probes how the spread of transnational competence is being facilitated by global migration and transmigration trends. The final section explores the governance implications of expanding transnational competency for the emergent epoch.     

Queer(y)ing Hannah Arendt,or what’s Hannah Arendt got to do with intersectionality?

Abstract

This article takes an unlikely approach to thinking about intersectionality theory. Exploring key concepts from the writings of Hannah Arendt, such as plurality, conscious pariah, and statelessness, alongside her embodied interrogation of anti-Semitism and the Jewish Question, it suggests a way to transgress the ordinary boundaries of the concepts of queer, international, and feminist and, conversely, to unbound the ordinary ways Arendt’s theories have been interpreted as less relevant, if not antithetical to, feminist, intersectional, and queer theories and politics.