共建经贸合作区 增强区域经济合作新动力

在中国—东盟自由贸易区建成后新的合作起点上,中国与东盟亟须另辟蹊径,拓展、深化和提升投资合作的形式、内容和效果,在更高层次、更高水平上实现互利共赢、共同发展,而共建经贸合作区就是实现这一目标的现实路径。本文通过对各类多双边合作共建经贸合作区进行研析,探讨部分先行合作区的成功经验,并提出了加强在编制发展规划、优化发展环境、建立协作机制、引导企业入驻、做好宣传推介、多渠道筹措资金等方面的合作建议。     

Simulated foreign policy exchanges: A formal theory of foreign policy interaction (part II)

This article presents the underlying rationale for a theory of foreign policy dynamics, and is the second part of a two‐part series which specifies a theoretical perspective for explaining the exchanges between nations. The task of the first paper was to discuss the substantive thrust of the research, and to give a view of the Monte Carlo simulation which lies at its core. The theory deals with the relevance of such concepts as reciprocity, uncertainty, third party effects, bureaucratic politics and domestic events for explaining foreign policy. This article provides the axioms which structure our theory and formal theorems that follow from these axioms.     

Breaching the levee,waiting for the flood. Testing beliefs about the internationalization of securities markets

Abstract

In the 1970s and 1980s, the three major securities markets in New York, London, and Tokyo underwent significant regulatory shifts that lowered national barriers to entry and liberalized the markets. Popular explanations point toward technologies, economic efficiencies, foreign policy pressures, the removal of controls on international capital flows, or international competition as unleashing forces promoting liberalization and breaching the regulatory levees. Such explanations generate expectations about behavior once the international pressures are unleashed. Significant changes in overseas participants' market behavior should be observable. International competitive pressures should produce convergence in regulatory and transaction costs across markets upon one of two equilibriums—one by competitive deregulations or another by harmonization through agreement. Empirical tests produce results inconsistent with such expectations. Foreign participation does increase following the breach in the regulatory levees, but the unleashed demand cannot be described as a flood. Observable measures of market dynamics and transaction costs remain distinctive. The inconsistencies between results and expectations raise questions about explanations that emphasize increasing interdependence and international pressures as driving domestic political and economic changes.     

Law enforcement access to personal data originally collected by private parties: Missing data subjects' safeguards in directive 2016/680?

Access by law enforcement authorities to personal data initially collected by private parties for commercial or operational purposes is very common, as shown by the transparency reports of new technology companies on law enforcement requests. From a data protection perspective, the scenario of law enforcement access is not necessarily well taken into account. The adoption of the new data protection framework offers the opportunity to assess whether the new ‘police’ Directive, which regulates the processing of personal data for law enforcement purposes, offers sufficient safeguards to individuals. To make this assessment, provisions contained in Directive 2016/680 are tested against the standards established by the ECJ in Digital Rights Ireland and Tele2 Sverige on the retention of data and their further access and use by police authorities. The analysis reveals that Directive 2016/680 does not contain the safeguards identified in the case law. The paper further assesses the role and efficiency of the principle of purpose limitation as a safeguard against repurposing in a law enforcement context. Last, solutions to overcome the shortcomings of Directive 2016/680 are examined in conclusion.     

The ASEAN-China Investment Agreement: A regionalization of China��s BITs

This paper analyzes the provisions of the Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between China and the Association of Southeast Asian Nations (the “ASEAN”), especially those on the scope of application, national treatment, Most Favored Nation (MFN) treatment, expropriation, and investor-state dispute resolution. The paper then compares the new agreement with other international investment agreements concluded by China or ASEAN. In comparison with existing Bilateral Investment Treaties (BITs) between China and individual ASEAN member states, there are significant changes in the Investment Agreement which provides a higher standard of investment protection. Such an investment protection is common in the new generation of Chinese BITs, which were signed by China since 2000. However, unlike some other investment agreements in free trade arrangements, the Investment Agreement rarely touches upon the investment liberalization, although the Framework Agreement of ASEAN-China FTA provides for creating a liberal investment regime. This paper concludes that negotiating an investment agreement in China’s Free Trade Agreements (FTAs) is regarded as an opportunity to update its old BITs, but China is not yet prepared to undertake investment liberalization in its FTAs. The ASEAN-China Investment Agreement is, rather, an extension of China’s BITs at the regional level, which is a demonstration of China’s growing influence at this level.     

Mega-Regional Trade Deals in the Asia-Pacific: Choosing Between the TPP and RCEP?

The emergence of “mega-regional” trade agreements has recently become the most significant trade policy issue in the Asia-Pacific. Since 2010, governments in the region have launched negotiations for two new trade agreements: the United States-led Trans-Pacific Partnership (TPP) and the ASEAN-led Regional Comprehensive Economic Partnership (RCEP). Differentiated by their membership, scope and level of ambition, the TPP and RCEP embody competing visions for how the Asia-Pacific trade system should evolve, and regional governments must now make choices over which initiative better serves their economic and political interests. This article explores the trade policy choice posed by these mega-regional trade negotiations, reviewing the evolution of the Asia-Pacific trade system, the recent emergence of the TPP and RCEP, and the competitive dynamics inherent in the development of the two proposals. It argues that four key considerations (trade policy ambition, the role of ASEAN, US-China geopolitical rivalry and defensive concerns) will be of key importance in informing regional governments’ decisions as the TPP and RCEP move towards completion in 2015.     

Prison Recruitment as a Policy Tool of Local Economic Development: A Critical Evaluation

Like the sports franchises and foreign auto plants that preceded them, state and local governments are touting prisons as the latest means of economic miracle‐making, often for small towns and communities that are economically depressed. The building of prisons is supposedly tied to the development of a just, fair, and rational criminal justice policy in a civil democratic society. Prison building has positive and negative social and political consequences for these communities. This critical essay explores some of these consequences in light of the literature on prison siting, the experiences of communities and prisoners, and relevant statistical data in the public domain. It also offers an alternative framework for evaluating prison recruitment as a strategy for local economic development.     

Economic opening and society endogamy: migratory and reproduction logic in the Insubric mountains (18th and 19th centuries)

This article illustrates the character of the alpine and prealpine societies of the Insubric area, which is both open and closed. In these mountains, various migratory forms (periodic, temporary, and definitive) could be both exclusion and stability factors. Even if under a lineage model, family reproduction forms were close to a “unilineal” system. Yet, emigration left open pluriestablishement, the intensity of which depended on the openness of the local economy and demographic configuration of the households.     

Signing on to liberalization: AFTA and the politics of regional economic cooperation

From the inception of the Association of Southeast Asian Nations (ASEAN) in 1967 to 1991 economic cooperation among its members was virtually non-existent. However, in January 1992 the leaders of the member states agreed to work towards an ASEAN Free Trade Area (AFTA). Following an uncertain initial phase the leaders rededicated themselves in 1995 to an accelerated implementation of the AFTA agreement. The key to the change in policy and to the relatively successful implementation of AFTA was the shift in the domestic balance of power in Indonesia, Malaysia, the Philippines and Thailand from economic nationalists to liberal reformers. This occurred as the result of a series of recessions and booms that affected the economies of the region from the early 1980s onwards. Also crucial to the successful implementation of AFTA was the distinctive approach to regional cooperation that has developed among the ASEAN members.     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.