建立我国排污权交易法律制度的设想——从经济法理念与法经济学角度分析

排污权交易制度是经济法与环境法中一项新兴的法律制度,其中包容了经济法学、环境法学、法经济学等多门学科理论知识。阐述排污权交易制度所体现的经济法理念——可持续发展理念,以及从科斯定理等法经济学角度分析,有利于探讨在我国建立排污权交易法律制度的可能。     

Cross-national convergence in times of crisis? Integration policies before,during and after the refugee crisis

This article analyses if, how and why Scandinavian integration policies converged as a result of the refugee crisis in 2015, studying policies of permanent residence, citizenship, family reunification and access to social benefits. The analysis of policy processes finds that a logic of regulatory competition led to goal convergence, as all three countries explicitly adapted their policies relative to other countries’ policies. Nonetheless, when comparing the configuration of policy instruments and their settings, the cross-national gap persists as all three countries took restrictive steps, thus showing traits of path dependency. The conclusion discusses a severe challenge in the current policy convergence debate in the integration literature: how an insufficient level of precision (1) concerning different dimensions of the policies and (2) concerning how to assess convergence could lead to inaccurate and even opposite conclusions when interpreting empirical analyses.     

The Nature of Contracting Hazards in Public–Private Partnerships—Evidence from Ireland

The use of public–private partnerships (PPP) for the procurement of infrastructure and related services can be a complex and challenging process. This article adopts a transaction cost regulation perspective to examine two PPP cases from Ireland that encountered significant obstacles to successful procurement. It finds that both procurements met hazards including uncertainty about the viability of the bids and opportunistic behavior by preferred bidders that held quasi-monopoly positions. The public nature of both cases provided a fertile ground for opportunistic behavior by political opponents and other “interested” parties. The analysis shows how the governance of PPPs is shaped by the attributes of the transactions and the interaction of economic and political hazards that create transaction costs.     

The Rise of the Far Right in Europe and the Refugee Crisis

The rise of the far right in Europe has captured the attention of the international community in recent years.Its specific features are:an unprecedentedly strong influence,an obvious trend towards the moderate line,horizontal collaboration to expand its reach,and a very adept use of social media networks.The refugee crisis has given the far right an historical opportunity.The rise has also had a profound effect on European politics;it has deepened the political divide inside EU member states,and shaken up the traditional political values and the foundation of the union.The rise of the far right will likely not change Europe's political landscape,but problems of EU governance over its handling of the refugee crisis cannot be ignored.     

Biopolitics,borders, and refugee camps: exercising sovereign power over nonmembers of the state†

This article addresses the relationship between the concepts of national identity and biopolitics by examining a border-transit camp for repatriates, refugees, and asylum seekers in Germany. Current studies of detention spaces for migrants have drawn heavily on Agamben’s reflection on the “camp” and “homo sacer,” where the camp is analyzed as a space in a permanent state of exception, in which the government exercises sovereign power over the refugee as the ultimate biopolitical subject. But what groups of people can end up at a camp, and does the government treat all groups in the same way? This article examines the German camp for repatriates, refugees, and asylum seekers as a space where the state’s borders are demarcated and controlled through practices of bureaucratic and narrative differentiation among various groups of people. The author uses the concept of detention space to draw a theoretical link between national identity and biopolitics, and demonstrates how the sovereign’s practices of control and differentiation at the camp construct German national identity through defining “nonmembers” of the state. The study draws on ethnographic fieldwork at the Friedland border transit camp and on a discourse analysis of texts produced at the camp or for the camp.     

Essence of Negotiation: Understanding Appeasement and “The Great Munich Stereotype”

The relative merits of rational choice and behavioral approaches to the study of negotiation continue to be hotly debated. This article tests qualitative postdictions (assertions or deductions about something in the past) from these paradigms as well as the alternative approach of new institutional theory against the extensive record of negotiation process, contractual form, and contract implementation from the Paris Peace Conference of 1919. I find the incomplete relational form of the peace treaty to be consistent with the behavioral and new institutional concepts and find that only behavioral theory can explain how unilateral German moves unraveled the treaty during the 1930s. But the historical record further reveals that the close fit between the behavioral paradigm and these events is more than coincidence. I also discuss the role of conference participants, particularly John Maynard Keynes and Walter Lippmann, in establishing the basis for modern behavioral science. The behavioral paradigm emerged from efforts to understand and fix serious policy mistakes such as those made in the peace negotiations. The study of human error was intended to serve as the basis for broad‐based organizational solutions. Finally, I discuss the impact of “the Munich stereotype” on such recent events as the planning for the American invasion and reconstruction of Iraq; such examples suggest continued imperfections in the system of organized intelligence that has actually evolved in the United States.     

Irregular Secondary Movements to Europe: Seeking Asylum beyond Refuge

This study examines the contrast between initial and secondarymovements, and explores exile in relation to broader forms ofsecurity and need. It tests the assumption that safety is themost important consideration for refugees and looks at additionalinterests that they have and why. It contrasts conditions ininitial places of exile (experienced or anticipated) with thoseexpected of the UK and highlights reasons for subsequent movements,arguing that distinctions between stages are false and thateach is part of what exile means. This study shows that initialand irregular secondary movements arise because of the interestspeople have in accessing safety, as well as quality of lifeand certainty in exile. It concludes that it is only by wayof how refugees are defined that these are overlooked or aredistrusted by host areas, and recommends that hosts should revisitexpectations and properly respond to refugees’ needs.     

论我国循环经济立法的价值取向

基于对立法价值重要性的认识,提出在循环经济的立法进程中,立法的价值问题应当成为立法者考虑的首要问题;进一步探讨了我国循环经济立法的基本价值追求,认为应以人与自然同存的整体利益,实现可持续发展和确保生态安全为价值目标。     

试论避难权及其相关法律问题

国际法中的避难权,是基于出入境权,与驱逐外国人出境权、不将避难者推回绝境义务和驱逐出境抗辩程序权相对抗、共平衡的一项基本人权。避难权的本质是国家限制,国家没有国际义务给予其庇护。国家有权利驱逐未经许可入境或者许可入境后逾期不离境者对抗避难权。但是,只有完全履行不将避难者推回绝境义务、尊重驱逐出境抗辩程序权,驱逐外国人出境才是可以接受的。单独分析、实施其中任何一项,都会导致理论上理解的片面,和实践中处理与难民有关问题的不妥当。     

我国警务经济理论前沿问题研究

长期以来，我国警务活动的决策落实往往以行政命令代替科学经济规律，致使警务部门存在诸多不经济、低效率、高成本、高浪费的现象，这不仅不利于有限警务资源的合理配置，也阻碍了警务部门长期目标的实现。在军事经济学、政府经济学等警务相近领域学科得到深入发展的同时，我国警务经济理论却没有得到应有的重视和系统的研究。本文以经济学理论为基础，以警务为研究对象，分析我国警务经济理论的现实意义和研究思路。