公司法律规范分类研究

公司法律规范的种类应当包括强制适用规范、授权适用规范和推定适用规范。强制适用规范是强行界定当事人权利义务关系的一种公法和私法相融合的法律规范,授权适用规范和推定适用规范有助于私法自治原则的推行。解析公司法律规范的研究目的在于,重构公司法律规范体系,即内在的规范体系和外在的规范体系。内在的规范体系由公司法、民法、合同法等私法规范构成,外在的规范体系由宪法、刑法、行政法等公法规范和内在规范体系共同形成一个统一的整体。     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

Foreign minister's budget vote address

This article examines the evolution of the responsibility to protect (R2P) norm through the institutional frameworks of the African Union and the United Nations. The investigation aligns itself with recent constructivist thinking around norm evolution and contestation which holds that diverging interpretations around norms facilitate not only norm contestation, but ultimately norm acceptance. In this case different ‘meanings-in-use’ of R2P within and across both organisations reinforce the contested nature of R2P. This becomes most apparent in the prevailing confusion around the affiliated concept of the protection of civilians, which is not effectively delineated from R2P. Nevertheless R2P is found to be widely acknowledged within both organisations.     

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.     

The micro-politics of norm contestation between the OSCE and Kazakhstan: square pegs in round holes

Norm contestation by local actors has emerged in recent years as an explanation for the failure of norm diffusion. This article contributes to the literature on norm contestation by analysing how norms diffused by the Organisation for Security and Cooperation in Europe (OSCE) pertaining to election observation and free and fair voting are re-constituted and contested by domestic actors in Kazakhstan. The study contributes to the idea of ‘constitutive localisation’ by emphasising a more fundamental level of disagreement beyond just congruence between the diffused norm and local beliefs; by demonstrating contestation can occur in the later stages in the norm diffusion cycle; by focusing on the micro-politics of contestation by local actors involved in the implementation of diffused norms; and by revealing how norm contestation is not necessarily a process of emancipatory politics, but a strategic act to serve authoritarian consolidation. Utilising a four-fold framework, the analysis illustrates how norms, while initially accepted by Kazakhstani authorities, are reconstituted through political discourse and/or practice, creating the moment of contestation. While this contestation is instrumentalised by political elites for their own advantage, it also remains an important element of agency within a normative order which they had little previous control over.     

Regional parliamentary empowerment in EU affairs. Building an analytical framework

ABSTRACT

This article analyses the effects of the Lisbon Treaty provisions for regional parliaments in EU decentralised systems by looking at the early warning system (EWS) for subsidiarity control. It argues that the implications of this mechanism for parliamentary empowerment at the regional level should be assessed carefully and their links with political mobilisation, institutional restructuring and policy involvement in a particular context should be analysed as precisely as possible. For this reason, this article proposes a conceptual and analytical framework that allows the detection of several kinds of regional empowerment under the EWS and explains their transformative effects in different national contexts.     

国际法中的特别法优先原则

国际法规则的冲突是国际法不成体系的重要表现,特别法优先原则强调适用更特殊、更具体的特别法规则,是解决这种冲突的重要方法。冲突确实存在与规则属于同一事项构成了该原则适用的基本条件,而调整事项和规则所涉及的缔约方则构成确定一般法和特别法的参考因素。     

道德失范与萧纲的“放荡”文学观

放荡文学观是南朝世俗享乐文化的一种文学陈述形式,萧纲的放荡文学观展示修身和为文的二水分流之势。道德束缚的松动铸成萧纲以新变为矢的,艳丽辞藻为表征的不拘礼法的文学姿态,推动了文学审美的精细化趋向。它促使文人更多地去关注真切的生命体验,并以儒教传统诗教的叛逆面目而成为唐代文人改弦更张的基础。     

性骚扰问题及其法律规制

性骚扰是人类社会发展过程中所产生的一种社会现象,其产生有着深刻的人性基础和社会历史原因.随着社会的进步和人们生活方式的多元化、复杂化,性骚扰问题日益凸显出来.参照世界各国对性骚扰问题的法律规定,我国应在制定和修改民商法律时,正视性骚扰问题,并加以合理、有效规制.     

行政规范的司法审查

对行政规范进行司法审查是司法权制约行政权的重要方式,也是民主、法治社会的题中应有之义。我国现行的司法审查制度排除了对行政规范的审查,这不利于保护相对人的权益,亦与依法行政的宗旨相悖。故此,应将行政规范纳入司法审查的范围,并从司法审查的方式上进行完善,以期实现司法权对行政权的有效监督。