欧亚经济联盟的多重一体化目标及其法治困境

欧亚经济联盟作为区域一体化组织中的新成员,其政治、经济、社会、法律、文化等多重一体化的目标趋势与愿望在不同领域表现出功能性差异,即经济的先导性、政治的战略性、社会认同性、法律保障性、文化融通性等。在全球治理、互联互通和全球产业链正在生成的背景下,如何立足联盟多重发展目标,更好地发挥出欧亚经济联盟的应有作用,尚存诸多法治困境:从超国家制度与主权国家制度的衔接到成员国间的基础性不平衡对一致性规则形成的制约,再到联盟法律与成员国法律对接的阻却性因素的存在,以及联盟从初级一体化规则向高级一体化规则演进的迫切需求等。面向未来,欧亚经济联盟呈现出初级、中级和高级三阶段过程性发展的趋势,基于历史文化的多重合法性根基将促动多重一体化目标的实现,同时决定在国际法治与国内法治的交错并存中构建联盟法制机制,并促动规则治理的深化均是可期的。     

Resettling Refugees in Rural and Regional Australia: Learning from Recent Policy and Program Initiatives

Conscious policy and program support for the resettlement of refugees in regional and rural areas is a relatively recent trend in Australia. Resettlement is a complex process that hinges on the establishment of viable communities. This review suggests that its outcomes, especially for refugee communities, are potentially mixed. However, an appropriately resourced, well managed and well planned refugee resettlement program can potentially provide beneficial outcomes for refugees and host communities. This article draws on existing empirical data and contributions made at a VicHealth Roundtable in late 2007 to thematically explore the challenges facing rural and regional resettlement programs. Given that settlement is a dynamic process and the approaches to rural and regional settlement are evolving, this article provides 12 propositions for a more effective and integrated approach to policy and practice.     

Regional transport challenges within the Southern African Development Community and their implications for economic integration and development

The Southern African Development Community (SADC) seeks to deepen economic integration among its members through the SADC free trade area that came into effect in January 2008. The thrust for a progressive reduction of tariff and no-tariff barriers, which the market integration model emphasises, has serious implications for the impact of transport and communication systems on economic integration and development within SADC.

Transport and communications systems have an important bearing on economic integration and development because they can be significant non-tariff barriers. The SADC Protocol on Transport, Communications and Meteorology is the instrument through which transport and communications constraints are to be addressed. Through this protocol, some institutions have been established and others proposed to ensure that projects designed to deepen economic integration and development are implemented effectively.

The neo-functional integration approach is a relevant theoretical framework for analysing transport and communications issues and for implementing joint sectoral projects in areas that impact on overcoming development-related deficiencies in production and infrastructure. Transport and communications fall in this category of projects and the SADC region has benefited from functional co-operation in this sector.

As integration proceeds, polarisation of industries could occur, raising concerns about the distributional effects of economic integration as this affects development. However, polarisation is not inevitable: it depends on transport costs. This might seriously address transport and communications constraints because, if these are greatly reduced and eventually removed, weaker SADC countries need not lose industries to the core with the SADC Free Trade Area in place.     

劳动争议处理之我见

近年来,我国的劳动争议案件逐年增多,且呈现复杂化、群体化、涉外化等趋势.我国政府为了实现社会公正,走上了通过扩大劳动者个人的权利来解决劳动争议的路子,致使劳动者、企业单位、工会、行政权力以及法院在处理劳动争议过程中的职能、地位发生扭曲.所以必须关注并完善劳资双方的信用关系、工会的职能与地位、行政权力在劳动争议处理中的地位和权威、法院最后的司法救济,从深层次解决原来的处理体制"用其所短"的弊端,实现劳资关系的和谐.     

Regional lobbying and Structural funds: Do regional representation offices in Brussels deliver?

In recent years regional representation offices have proliferated in Brussels. Among the many aims of these offices are influencing the allocation and securing the transfer of European Structural and Cohesion funds. However, our knowledge about whether they have succeeded in this goal is limited. In this paper, we assess whether regional offices in Brussels have managed to affect the commitment and payment of Structural and Cohesion funds beyond the officially stated economic criteria of eligibility. The paper uses a custom-made survey of Brussels offices, complemented by economic, institutional, and political data. The results of the analyses for 123 regions over the period 2009–13 highlight that the capacity – proxied by the budget and staff of the office – of the regional offices to influence the commitment and payment of Structural and Cohesion funds has been negligible, when not outright negative. Regional lobbying in Brussels does not lead to more funds or to an easier disbursement of regional development funds.     

The territoriality of personalization: New avenues for decentralized personalization in multi-level Western Europe

In light of the increasing scholarly attention to the concept of decentralized personalization, this paper argues that the territoriality (the level of government to which an MP belongs) of an MP would also lead to variations in that MP’s incentive to personalize their campaigns. Using data from the PARTIREP Comparative MP survey, this paper tests the role of the territoriality of an MP in their incentive to personalize their campaigns across nine multi-level countries in Western Europe. Although the level of personalization of campaigns does differ according to territoriality, the underlying explanatory variables do not behave uniformly across territoriality. This paper thus draws attention to the rarely explored role of territory, and the complications it may bring to the explanation of the personalization of politics.     

The Space Between: Demonization of Opponents and Policy Divergence

Prior research on policy conflicts indicates a tendency among policy actors to misperceive the influence of actors engaged in policy debates based on the degree of distance between their relative policy positions. This research develops a measure for assessing the degree and direction of the misperception effect. This measure is then utilized as a dependent variable to assess the relationship between theoretically relevant factors and the degree to which actors will exaggerate the influence of their opponents and allies. The research uses original survey data of policy actors engaged in the debate over hydraulic fracturing in New York. The results indicate misperceptions of relative influence are prevalent and most associated with the experience of a policy loss and holding relatively extreme policy beliefs. The findings provide new insight into factors that influence the demonization of political opponents. These insights are timely in the context of polarized debates over environmental and energy policy in the United States.     

Contestation and Transformation. Final Thoughts on the Liberal International Order

Abstract

The liberal international order, the inseparable mix of US geopolitical power and ideational project of organising international relations along normative frameworks such as internationalism, institutionalism and democracy, is reeling under the pressure of profound systemic changes such as greater interconnectedness and multipolarity. Predictions abound that increasing great power competition, most visibly at play in geographical areas of contested orders, will eventually tear it down. However, even if major actors – the US included – display a selective, irregular and often instrumental commitment to the liberal order, they are still repositioning themselves in that order and not outside of it. In addition, conflict is not the default outcome of order contestation, as hybrid forms of governance are possible even in troubled regions. No doubt, the world of tomorrow will be less American-shaped and less liberal, but transformation is a more plausible future than collapse for the liberal order.     

ASEAN as the ‘regional conductor’: understanding ASEAN's role in Asia-Pacific order

This paper analyses ASEAN's prominence in regional order negotiation and management in Southeast Asia and the Asia-pacific through the lens of social role negotiation. It argues that ASEAN has negotiated legitimate social roles as the ‘primary manager’ in Southeast Asia and the ‘regional conductor’ of the Asia-Pacific order. It develops an English School-inspired role negotiation framework and applies it to three periods: 1954–1975 when ASEAN's ‘primary manager’ role emerged from negotiations with the USA; 1978–1991 when ASEAN's role was strengthened through negotiations with China during the Cambodian conflict; and 1991-present when ASEAN created and expanded the ‘regional conductor’ role. Negotiations during the Cold War established a division of labour where great powers provided security public goods but the great power function of diplomatic leadership was transferred to ASEAN. ASEAN's diplomatic leadership in Southeast Asia provided a foundation for creating its ‘regional conductor’ role after the Cold War. ASEAN's ability to sustain its roles depends on maintaining role bargains acceptable to the great powers, an increasingly difficult task due to great power rivalry in the South China Sea.