国际贸易领域知识产权规制规则探析

TRIPS建立了贸易与知识产权相结合的基本理论，联系当前的具体情势，有必要重新审视知识产权作为新客体纳入WTO贸易规则的调整范围之内的做法是否合理恰当，能否适应时代发展，促进技术进步和全球福利增加。知识产权的特殊性给传统贸易规则带来了新的挑战，在实现GATT规则体系与知识产权的结合时必须注意对其进行适当的调整和补充，这样才能实现知识产权体系的多重价值。     

Fostering Student Engagement in Negotiation Role Plays

Student engagement occurs when students are significantly motivated to invest in their learning behaviorally, cognitively, and emotionally. Although research has shown that higher engagement leads to deeper learning, the importance of student engagement in role plays has been underestimated in negotiation pedagogy. More specifically, role plays that fail to provide authentic experiences or to capture students' interest may lead to suboptimal learning due to a lack of engagement. To help foster learning from role plays, we propose two frames of reference for improving their design: ecological validity and vested interest. Using these frameworks, we suggest strategies to create more authentic and interesting role plays and thus promote richer learning for students.     

Games,Claims, and New Frames: Rethinking the Use of Simulation in Negotiation Education

Negotiation educators have long considered the use of role‐play simulations as an essential classroom teaching method, and have had high expectations regarding their suitability and efficacy for teaching. In this article, we review the literature to examine the degree to which simulations deliver on these perceived benefits, finding that simulations enjoy only limited advantages over other teaching methods. We note three trends that have developed as part of this reevaluation process: improving the way simulations are conducted, deemphasizing the use of simulations as a teaching tool while seeking new methods, and finding paradigm‐changing uses for simulations. With regard to this last trend, we describe our own experiments assigning students to design their own simulations, rather than participate in them as role players. Among other benefits of the design method, we found that designers showed greater improvements in concept learning and motivation than did role players.     

Success or Failure in the Peace Processes of Aceh and Sri Lanka: A Comparative Study

Abstract

This study examines why some internal conflicts end in negotiated agreements, while negotiations fail in others. In order to address this question, I compare the cases of Aceh, where some 30 years of armed conflict ended in a 2005 peace agreement between Gerakan Aceh Merdeka (GAM, the Free Aceh Movement) and the government of Indonesia; and Sri Lanka, where 2002–2006 negotiations between the government and the Liberation Tigers of Tamil Eelam broke down. This study adopts ideas from bargaining theories of war, focusing on the adversaries’ power perceptions in relation to actions that led to the civil war settlements. It identifies three variables as decisive: (1) information revealed by war, (2) control over spoilers, and (3) divisions in the ranks of the rebel organization.     

Asymmetry in Japan and Korea's agricultural liberalization in FTA: domestic trade governance perspective

Abstract

This paper examines the nexus between food security and sustainability governance through a case study of palm oil. Palm oil's advocates claim that campaigns against palm oil and actions to halt its expansion due to sustainability concerns can undermine its food security role. However, palm oil expansion more directly undermines the food and livelihood security of rural and indigenous communities when land that rightfully belongs to, or has been used by, these communities is alienated to firms for oil palm cultivation with little or no consultation or compensation provided or alternatives considered. It is in this context that the paper examines whether the multi-stakeholder Roundtable on Sustainable Palm Oil (RSPO) is able to ensure that this commodity is cultivated in ways that minimise environmental damage and livelihood disruption, thereby safeguarding palm oil's contribution to food security. The findings are mixed. RSPO certification provides fairly comprehensive and progressive socio-environmental regulation that has enhanced sustainable production practises in this industry especially by the larger transnational plantation companies mindful of their global reputation. The RSPO is also far more responsive than governments have been to the land rights of rural and indigenous communities, providing due process for land claimants as well as recognising that these communities may have legitimate rights to land even if companies were awarded legal title by governments. However, multi-stakeholder regimes can be fragile, requiring a great deal of internal accommodation and trade-offs to work. Already, different interests in the RSPO are pulling in different directions while national certification systems have emerged that are less onerous compared to the RSPO even as the latter seeks to further enhance its sustainability credentials.     

我国控辩协商程序的规范进路:以认罪认罚案件为视角

认罪认罚从宽制度确立了具有中国特色的量刑协商模式。协商性司法模式的确立,使刑事诉讼的重心由审判阶段向审查起诉阶段前移,与对抗模式下的庭审实质化相对应,控辩协商实质化亦成为协商性司法模式的基本要求。然而,控辩平等协商作为协商性司法的核心和量刑合意形成的关键环节,却未受到立法、实务层面的应有重视,相应配套之程序性规则体系与保障措施的缺失,使得控辩协商的实施效果不尽如人意,控辩双方诉讼实力不平衡导致控辩协商实质性缺位成为司法实践中的突出问题。程序正义是刑事诉讼的灵魂。为增强控辩合意过程和协商结果的公正性,应探索控辩协商之规范模型,从控辩双方的主体地位、决策能力两个层面考量,探讨建立规范、具体、系统的控辩协商程序之基本方向和完善法律规范层面对控辩协商规制不足的路径。     

The Effectiveness of Negotiation Training

In the last twenty-five years negotiation has become widely recognized both as a topic of serious research and as an essential, frequently used set of skills. Organizations currently spend tens of billions of dollars annually on training, and mounting evidence suggests that training in interpersonal and problem-solving domains typically has a significantly positive effect. But little systematic research has been conducted concerning the actual effectiveness of negotiation training. This article reviews the available evidence regarding the effectiveness of negotiation training using four levels of outcome measurement. While far less prevalent than one would wish, existing evidence suggests that negotiation training can have positive effects. In this article, I review the specific effects of different teaching methods, and recommend additional research.     

谈判解救人质策略探析

本文从解救人质案件的谈判功能和操作模式着手，初步分析了处置人质危机案件的策略原则和操作方法，并且结合公安实战应用的现实特点，提出了个性化的观点和建议。     

论劫持者心理变化及警方谈判策略选择

劫持人质事件发生后,随着警方处置措施的实施以及事态发展,劫持者的心理状态会发生变化,并呈现出一定的规律性。这种变化是警方制定与选择谈判策略的依据。只有清晰准确地判断谈判过程中劫持者的心理状态,才能够做到有针对性地攻其心理弱点,以最小代价化解危机。     

"Sticking One's Neck Out": Reducing Mistrust in Sri Lanka's Peace Negotiations

Lack of trust has been widely used as an explanation for the failure of peace negotiations. However, we know little about how mistrust can be reduced between belligerents involved in negotiating peace. Why are some confidence‐building strategies more successful than others? For theory‐building purposes, this article explores how a party can send conciliatory signals to the other party that increase trust by exposing itself to three different kinds of political risks. More specifically, it compares the variables that reduced mistrust — or failed to reduce mistrust — during two peace negotiations in Sri Lanka: in 1994–1995 and in 2002. Using a theoretical framework that combines social psychology and rational choice approaches, this article examines the communicative signaling process between the parties. In addition, by drawing out the implications from this argument, we offer some insight into why the peace process in Sri Lanka became politically stalemated in 2003. We also use our comparison of Sri Lanka's peace processes to develop general propositions about the dynamics that can reduce mistrust. The main proposition that remains to be tested empirically is whether obstacles to peace can be transformed into important catalysts for the reduction of mistrust.