跨国公司人权责任之法理基础与美国司法实践考察

跨国公司作为输出资本的重要工具，其营利性必然与东道国人权保护政策发生一定程度的冲突。美国法院在长期的司法实践中积累了大量的跨国公司人权责任判例，以不方便法院理论、私益与公益平衡原则为根据主张对海外人权违反案件的诉讼管辖权。我国应适当借鉴美国经验，积极立法，适时主张对此类公司在海外实施的人权违反案件的管辖权，合理维护我国跨国公司在海外的商业利益。     

美元霸权地位与伊拉克战争

战后美元的霸权地位为美国带来了巨大经济政治利益。近来美元霸权面临新的挑战。伊拉克战争没有改变 而且将削弱美元的国际地位,但美元霸权的衰落是一个长期和曲折的过程。     

论卡特政府时期美国全球战略发生历史性转变的内在根源(Ⅱ)

吉米·卡特是美国历史上少有的在执政期间真正有意致力于推动世界和平的总统之一。他为抑制美苏军备竞赛,裁减军备与缓和当时的国际紧张局势做出了不懈的努力。他的这些努力使他后来荣膺诺贝尔和平奖。然而,由于卡特的这种外交方针触犯了当时美国国内某些极端保守势力的利益,在国际上又遭到苏联霸权主义的扩张带来的冲击,使他在执政期间屡屡遭受外交政策上的挫折。分析美国外交政策史上这一特定时期的种种内在和外在的因果联系,对于我们今天更深入地了解美国外交政策的内在动因具有极为重要的参照意义。     

Nixon and the Jews

ABSTRACT

In public the 37th President of the United States did not express hostility or disparagement, or show any signs of religious prejudice towards Jews. But inside the White House, Richard M. Nixon's remarks were often scurrilous. His antisemitism was not casual; it was close to compulsive. And it could be coupled with other seething grievances, for example, towards liberals, radicals, the media, Blacks and Italian-Americans. Yet Nixon controlled his antisemitism. It had no adverse effect on Jewish life, either at home or abroad. The malice that he nurtured remained unmobilized. Apart from a few limited personnel instances (mostly but not completely ignored by Nixon's underlings), it is impossible to connect private resentment to public policy, probably because the barriers to the expression of antisemitism in the United States have been so high. The ugliness of his utterances in the Oval Office revealed his character, but did not extend outward to shape the processes of governance. A disconnect can therefore be discerned between what he felt and how he acted. Most American Jews voted for Nixon's Democratic opponents in 1968 and 1972. But even Jews who voted against him, even those who loathed him, have often acknowledged that Nixon's policies fortified the security of Israel; and he was proud of his support for the Jewish state during the Yom Kippur War. What betrayed Nixon, and what forced him to resign the presidency, was his decision to instal a secret taping system in the Oval Office. When the tapes were played in 1974, he showed himself to be conspiring to obstruct justice. In subsequent years, further exposure of the tapes revealed the extent and intensity of Nixon's antipathy to Jews. The expletives that had to be deleted did much to besmirch the dignity of the office. But such was the stigma the political culture attached to antisemitism that, had his bigotry become public before 1968, Nixon's career would have been over.     

Margaret Fuller's Rome and the problem of provincial American democracy

ABSTRACT

Margaret Fuller's visit to Italy as a correspondent for the New York Tribune at the time of the 1848 revolutions gave her a unique perspective on them, not only as a feminist intellectual but also as a commentator on the American relationship with revolutionary Europe. In her Tribune writings she addressed issues at once more partisan and more global than those she had covered inside the United States, including the political condition of Italy as a subject state under Austrian imperial control, and as an object of ridicule by many American observers, and the condition of American slavery. Italian peoples and slaves, in her mind, were, like women, oppressed by a transatlantic patriarchy whose prejudices allowed only for white males to enjoy political independence. Fuller called for American support for the Roman republic, but her sympathies did not reflect the thrust of American opinion. Many Americans did not believe Italians were capable of maintaining republican self-government, which was different, they alleged, from their own version, part of the inheritance of the American Revolution. That heritage conferred a unique American revolutionary ‘exceptionalism’. For these Americans, the 1848 revolutions provided evidence that Europe was impulsive, reactionary and flawed; they saw in them confirmation of the superiority of American race relations and democratic society. After her death in 1850, the American Civil War would confirm Fuller's implicit sense that the United States and Europe were more alike than many Americans of her generation believed or realized. Her critique of American attitudes to the prospect for democracy in Italy provides perspective on the ambiguity of American global leadership today.     

试析和谐社会中的政府行政伦理建设——美国经验的启示

政府保持清正廉洁是构建和谐社会的重要因素。美国政府已经基本形成一个相对完整的政府行政伦理体系。而其体系的建构则经过了上百年的历程,是由他律转变为自律的过程。美国政府道德规范体系的构建经验对中国有一定的借鉴意义。     

Fighting terrorism in Africa by proxy: the USA and the European Union in Somalia and Mali

The French intervention in Mali in early 2013 emphasizes that the decision-makers in Paris, Brussels, and Washington considered the establishment of the radical Islamist regime in Northern Mali a threat to their security interests. The widespread instability including the rise of radical Islamist groups in Somalia was perceived as a threat to western interests. It is the core argument of the paper if western powers decide to provide security in Africa, they will be inclined to use proxy instead of deploying own troops. Security provision by proxy in African means that African troops are doing the actual fighting and peacekeeping on the ground while western powers basically pay the costs, the logistics, and the training of local African troops. The paper concludes that the African Union Mission in Somalia (AMISOM) in Somalia and The African-led International Support Mission to Mali (AFISMA) in Mali are proxies for the USA and the European Union.     

中美水污染防治法比较研究

借鉴美国在利用法律手段防治水污染问题上的成功经验,从中美两国水污染防治法的立法目的和调整重点、管理体制、调控机制、管理措施和实施保障等方面对两国的水污染防治法进行了初步比较。在此基础上,对完善中国的水污染防治法提出了一些建议。     

GCC-US Alliance-Making Reconsidered: The Travails of Dependency

ABSTRACT

Donald Trump’s presidency may have altered less in relations between the United States and the Gulf Cooperation Council than recent accounts suggest. Instead, power relations between the US and its Gulf allies have long been, and continue to be, asymmetrical. Dependency theory and postcolonial analysis illustrate the ways in which the US global hegemon exhibits hierarchy, exerting control over Gulf economic resources (oil) and extending its ‘security umbrella’ (e.g. weapons sales and bases) – all in highly unequal dynamics. A critical discourse analysis of American and Saudi speeches during the 2017 Riyadh summit further confirms this assessment. This raises questions about alliance-making and alliance-maintenance norms of promise-keeping and reciprocity.