多边投资框架的发展趋势——兼论中国对策

外国直接投资领域的国际规则目前正经历着从传统的双边规范向多边规范转变的过程。各国、各区域性和全球性国际组织都对此进程给予了极大关注,并纷纷采取各自的行动,但是制定多边国际投资规则的趋势不可逆转。本文通过对在WTO体制内建立多边投资框架趋势的考察,探讨了入世后的中国在WTO新一轮多边投资谈判及外资立法中应采取的策略。     

Reputations,Perceptions, and International Economic Agreements

How do countries’ actions on the international stage affect their reputations? We propose that, particularly when evaluating countries about whom individuals may have few prior beliefs, international agreements may hold particular sway in establishing countries’ reputations. Specifically, if a relatively unknown country joins an organization with a country that has a good reputation, individuals will judge that original state to be less risky; if the better-known countries are generally perceived to have a bad reputation, the less-known state will also look more risky. This article presents evidence from a survey experiment in which individuals are asked about the weight of various factors in their perceptions of countries’ reputations. Subjects would randomly receive a prompt about a country’s domestic policy reform or its ties to other countries via economic or cultural agreements. The results show that states’ international ties play a role in assessments about country reputations. We also examine possible mechanisms underlying this finding. Lower risk associated with agreements with good countries is largely a function of anticipated economic benefits. However, the higher risk associated with agreements with bad countries seems to be more a function of anticipated political closeness between countries.     

Negotiated settlements and peace referendums

Institutional innovations in conflict management have received considerable academic attention in the past decades. Yet few studies have considered the design of referendums in peace processes and the role of popular mandates in catalysing negotiated settlements. Drawing evidence from divided societies, particularly the contrasting cases of South Africa and Cyprus, the article points to the importance of ratification sequence and early mandate referendums. Specifically, it demonstrates how mandate referendums focusing initially on domestic constituencies enable leaders to pre‐empt ethnic outbidding challenges while concluding a peace agreement. An early ratification process could safeguard the peace process from unavoidable reversals in public opinion, increase flexibility as to the timing of critical decisions and maximise the credibility of leaders aiming for a negotiated settlement. The study of mandate referendums has important implications for broader research on international mediations since it suggests mechanisms by which political actors could ensure the ratification of significant treaties in global or regional politics.     

Maastricht Treaty in the Shaping and Development of the Common Foreign and Security Policy （CFSP）

For the European Union （EU）, it discusses how to deliver （great project） European unification. Motivated by the idea that the association of European countries is a far better alternative to the previous mutually confronted Europe, a project in the following decades led to the emergence of a new and unprecedented work on European soil--EU. Its present form is the product of more than 50 years of evolution of European integration, which today despite initial six Western European countries including the former main rivals Germany and France include 27 member countries of the union, as well as many other countries with candidate status for membership in the EU. Seen in the development context, the union is not a preconceived model of the association of European countries, but is the product of a complex multiple decade-long process of integration in which different actors are involved. Within this process, depending on the achieved level of integration, the union received a different shape. In its present form and name as the EU, it occurs even in the early 90s of the last century, long before it passed through small-scale forms of integration.     

The Alliance System of the Abu Sayyaf, 1993–2000

Unsettled conditions on Jolo and Basilan islands in the southwestern Philippines have seriously hampered efforts to obtain information about the Abu Sayyaf. The result has been a continuing ignorance over the most fundamental features of the group. In the attempt to broaden our understanding of its structure, this article examines data drawn from an array of sources in light of the authoritative work of Thomas Kiefer on the traditional Tausug alliance system on Jolo. It argues that the Abu Sayyaf consists of a system of alliance groups of the kind customarily found in Muslim Filipino societies.     

A defence model for the Baltic states

It is often argued that the Baltic states should not be accepted in NATO because they are not defensible and NATO forces would not be able to intervene in time if they were attacked. This article presents a possible Baltic defence concept which appears to be well adapted to Baltic terrain and Baltic material and manpower resources, and which should at the very least impose significant delay (weeks) and heavy losses on a massive attack. Friendly intervention could be in the form of air strikes against aggressor columns blocked on the roads.     

Determinants of a regional organisation's role in peace and security: the African Union and the European Union compared

This article presents the determinants of the influence of regional organisations in the area of international peace and security. It is aimed at initiating and provoking debate on the preponderant factors shaping that influence. The factors or determinants treated include (1) the willingness of the regional organisation to act, (2) the acceptance of its actions and (3) its capacity to discharge such peace-related tasks. The determinants are contingent on nine sub-determinants. The article uses a comparative approach, focusing on the African Union and the European Union after placing the discussion in the context of the relationship between regional organisations and the United Nations in international peace and security efforts.     

The Mouvement du 23 Mars and the dynamics of a failed insurgency in the Democratic Republic of Congo

This article analyses the link between the decision by the Mouvement du 23 Mars (M23) to occupy the city of Goma in November 2012 and the group's demise a year later in the hands of the revamped Congolese national army supported by the Intervention Brigade of the United Nations. The article argues that the military defeat of the M23 presents peace stakeholders in the Democratic Republic of Congo (DRC) and the Great Lakes region with a valuable opportunity. The rebels' defeat emboldens the Congolese national army and the Intervention Brigade with regard to their ability to take on insurgent groups while raising the cost of continued rebellion for the latter and their potential backers. Although not a panacea for peace in the Great Lakes region, this turn of events should contribute towards stemming the tide of recurring rebellions in the DRC while paving the way for peaceful political engagements among Congolese socio-political stakeholders, on the one hand, and between the DRC and its eastern neighbours, mainly Rwanda and Uganda, on the other hand.     

Fieldwork in a conflicted society: A contemporary researcher's ethical dilemma

Abstract

Ethnographers in Kenya have, in the past, grappled with methodological concerns in fieldwork. This is evidenced in the rich literature on methods of data collection, data analysis and dissemination. The discourses have been based on the assumptions that fieldworkers in oral literature are guided by a code of ethics in their fieldwork. This article argues that a number of folklore researchers operate in an ethical void and are unprepared in mitigating various ethical dilemmas that they encounter before, during and after fieldwork. Relying heavily on the personal experiences of the writer, this article discusses dilemmas a fieldworker faces when conducting research in a violence-prone environment, and the ethical considerations thereof.     

El régimen jurídico de la mediación civil y mercantil en conflictos transfronterizos en españa tras la ley 5/2012, de 6 de julio

This article analyzes in depth the regulation set forth by the Act 5/2012, of 6-7 as regards cross-border mediation. The article addresses some essential issues of this institution. Thus, the regulation of the agreement to mediate; the role played by mediators, their training and the recognition of their status; the law applicable to the merits of the dispute or the foreign recognition of any agreement reached between the parties after a mediation procedure are some of the issues studied in this article. The analysis highlights the relevance of the Act 5/2012 in Spain for promoting the use of mediation in Spain. But at the same time it shows the need for the Act to be fully implemented in order to solve some of the questions and problems that it still raises.