美国劳动法上雇用自由原则的公共政策例外:形成、实践与反思

公共政策例外是美国各州法院司法实务中形成的普通法例外,它构成了对美国传统劳动法上雇用自由原则的限制。该例外的适用,为那些因拒绝从事违反公共政策行为而遭解雇的员工提供了侵权法上的诉因。由于法院在适用该例外时对公共政策的涵义和法源存在不同认识,因而导致司法判决的不统一,对全面保护劳动者权益造成不利影响。为了改变这种状况,应当通过对法律的明文规定探求公共政策的法源,并在此基础上扩大公共政策例外在不当解雇案件中的适用。     

韩国文化产业的发展及启示

在新经济时代背景下,整个人类社会环境发生了极为深刻的变化,文化在综合国力竞争中的地位和作用更加凸显,发展文化产业也是推进现代经济社会可持续发展的必然要求。当前,很多国家都把文化产业作为核心产业来发展,把文化贸易作为国家战略来推进。其中,韩国自亚洲金融危机以来,十分重视文化产业的发展,视之为支柱产业。韩国的文化产业管理与发展模式,是政府诱导、私人兴办。实践证明,这种模式取得了巨大的成功,为韩国创造了巨大的经济价值,赢得了国际声誉。因此,深入分析韩国文化产业的发展机制,并加以借鉴,对创新和发展我国文化产业具有重要的现实意义。     

Governance and Regulation of the Peruvian University System: Overcoming Reform Resistance through Quality Assurance Policies

This article examines the new governance of the Peruvian university system, which evolved in response to market liberalisation and weak quality assurance mechanisms. New actors and commercial interests emerged, building their network of relationships within the political arena. With the passing of a new Universities Law in 2014, ambitious reforms were set in motion, designed to reverse the decline in the quality of higher education. This study examines these reforms, focusing on whether and how they are changing the governance and structure of the system. It also identifies some conceptual and design flaws, such as the weaknesses of the main steering body and the accreditation regime, as well as limitations on the independence of the regulatory agency.     

How foreign policy recommendations are put together: A computational model with empirical applications

This paper presents and applies empirically a computational model of the way in which bona fide high level foreign policy recommendations by U.S. policy makers are assembled. We begin by pointing out that policy making can be seen as the connection of certain strings of words to other strings. We then discuss how these connections constitute certain types of foreign policy making phenomena as such. To theorize about such connections, one first needs to specify essential features of these phenomena, and we do so for one phenomenon: bona fide recommendations. We next turn to a discussion of the theory that links together the categories by which these features are represented. That theory explains how certain strings of words are assembled into new proximate goals, missions, and tools. The theory can be modeled computationally using the programming language Scheme, and we next present that model. We conclude by presenting a run of the model, showing the close fit between actual and generated strings.     

The Taliban: a new proxy for Iran in Afghanistan?

Abstract

Iran has pursued a highly contradictory policy towards Afghanistan. On the one hand, it became a significant beneficiary of the overthrow of the Taliban regime by the US-led military intervention in 2001 in Afghanistan. The new Afghan government established cordial ties with Iran, allowing it to expand its political, economic and cultural influence in the country. Yet Iran has also provided significant support to the Taliban in its campaign to violently upend the political, social and economic processes in the country. This article examines the underlying domestic and regional security dynamics that contribute to this contradictory behaviour. It offers an assessment of how tensions between the United States and the Islamic Republic, as well as Tehran’s growing threat perception following the rise of the Islamic State – Khorasan in 2014, impact on Iran’s policy towards the Taliban. The paper argues that Tehran views the Taliban as an instrument to disrupt the influence of other actors in Afghanistan. The instrumentalisation of the Taliban, however, is likely to be counterproductive for Iranian security in the long run as it contributes to Afghanistan’s instability and insecurity and undermines Iran’s own long-term interests.     

Migrant Workers or Working Women? Comparing Labour Supply Policies in Post-War Europe

ABSTRACT

Why did some European countries choose migrant labour to expand their labour force in the decades that followed World War II, while others opted for measures to expand female employment via welfare expansion? The paper argues that gender norms and the political strength of the left were important structuring factors in these choices. Female employment required a substantial expansion of state intervention (e.g. childcare; paid maternity leave). Meanwhile, migrant recruitment required minimal public investments, at least in the short term, and preserved traditional gender roles. Using the contrasting cases of Sweden and Switzerland, the article argues that the combination of a weak left (labour unions and social democratic parties) and conservative gender norms fostered the massive expansion of foreign labour and a late development of female labour force participation in Switzerland. In contrast, more progressive gender norms and a strong labour movement put an early end to guest worker programmes in Sweden, and paved the way for policies to promote female labour force participation.     

Social Policy by Other Means: Theorizing Unconventional Forms of Welfare Production

Abstract

The goal of this special issue is to highlight the importance of unconventional social policies, theorize their development in comparison with traditional welfare state accounts and outline a new research agenda. In this introduction to the special issue, the editors present the concept of social policy by other means as encompassing two kinds of unconventional social policy (from the point of view of mainstream comparative research): First, functional equivalents to formal systems of social protection and, second, non-state provision of benefits. The concept builds upon a sizeable, but fragmented literature in comparative welfare state research. While numerous examples demonstrate that social policy by other means is more pervasive in both OECD and non-OECD countries than often acknowledged, a brief survey of the top 20 articles in the field reveals that this fact is not sufficiently reflected in the academic literature. With reference to both existing studies and the contributions to this special issue, the editors go on to explore (1) the different forms of social policy by other means, (2) explanatory theories and (3) their effectiveness in terms of social outcomes. They close by outlining a research agenda.     

Of Distributive Politics and Pork Barrel System: Why Not Epistemic Governance Approach?

The paper attempts to situate distributive politics in the context of epistemic governance. The paper also seeks to analyze the various structures and systems, actors, agents and stakeholders, and norms and behaviors involved within the realm of theory and praxis in distributive politics. It borrows from the epistemic work targets espoused by Alasuutari and Qadir (2014), namely the environment, actors and virtues. Finally, the paper proposes an epistemic governance as policy approach in distributive politics as it tries to argue the shift of power from the hands of the political elites to the hands of the politically astute epistemes.     

深入实施西部大开发战略背景下重点产业的选择——以贵阳为例

在产业发展过程中，政府在经济发展的不同阶段都会制定与产业相关的各种政策鼓励重点产业的发展。政府选择重点产业动因是重点产业能支撑经济快速发展，能引导产业结构的调整，能发挥区域比较优势，能代表产业发展方向。结合国家深入实施西部大开发战略背景，选取7个指标基于SPSS对重点产业发展的比较优势进行实证分析。以贵阳市为例，指出重点产业选择的基本方向并提出相应的政策建议。     

Administrative Innovations and Accountability Failures: The Termination of the Spanish Telecommunications Agency

We discuss how far accountability practices may be relevant to the success of independent regulators in countries without a tradition of administrative autonomy. We develop a conceptualisation of agency accountability failures and develop an analytical framework to examine the life and termination of the Spanish regulatory agency for telecommunications, CMT (Comisión del Mercado de las Telecomunicaciones - Telecommunications Market Commission). We argue that the CMT’s termination was related, among other reasons, to accountability failures in its institutional design. The paper relies on a variety of sources, including legislation, literature, media coverage, and semistructured interviews with agency officials and several stakeholders.