跨国公司的债务责任承担探析

随着跨国公司在国外设立子公司数量的增多,母公司为实现全球性战略目标而牺牲子公司利益进而损害东道国利益的行为成为了一个经常性的可能与事实。在这种情况发生的时候,若仅根据有限责任原则让子公司独立承担责任显然有违法律和社会的公平与正义。在母公司对子公司的经营管理进行了过度的控制而导致债务发生的时候,让跨国公司的母公司为子公司的债务承担责任具有充分的理由和现实意义。     

The violence work of transnational gangs in Central America

Abstract

According to international relations scholars, an important change taking place in the post-Cold War context concerns the lethality of non-state armed groups (NSAGs). Underlying this observation is the conventional assumption that non-state violence is intrinsically illegitimate. This article shifts the analysis of violence away from the terrain of legitimacy, which tends to moralise the difference between state and non-state forces, and towards the terrain of work, where their violence features as part and not separate from a shared political economy. I propose the notion of violence work as a resourceful analytic into the dialectics of everyday violence and the complex processes of value production in social life. Against the background of the extreme cruelty attributed to transnational gangs in Central America, I argue that their violence work is expressive of prevailing modes of accumulating wealth in the region. Drawing on multi-sited fieldwork in Honduras, Guatemala, El Salvador and Mexico, I show how gang violence work animates a system of economic cooperation that engages a wide array of subjects who traverse state/non-state and legal/illegal divides.     

现代技术背景下互动教学的可行性研究——以云南财经大学为例

本文首先介绍互动教学模式及其理论基础,结合作者在云南财经大学06、07级大学英语教改实践及效果,着重陈述其在教学实践中的应用及效果,论证现代技术背景下的互动教学可以有效地提高学生英语综合应用能力。     

后发展型跨国公司发展战略探析及我国的借鉴

以日本韩国等国家中的跨国公司为代表的后发展型跨国公司,在微观发展战略和宏观发展战略方面为中国发展提供了借鉴。中国跨国公司属于后发展型跨国公司,其发展需要政府的扶持,同时,在产业战略选择上应注重投资高技术行业和服务业;在投资战略选择上应注重以合资方式为主;在区域战略选择上注重直接投资应以发展中国家为重点,逐渐向发达国家发展。     

基于能力素质模型的工会干部培训课程体系建设

工会干部是党的干部队伍的重要组成部分,是做好新时代党的群众工作的重要组织保证.培养一支高素质专业化的工会干部队伍,离不开一整套科学合理的工会干部培训课程体系.研究认为,工会干部培训课程体系的建设,应从构建工会干部能力素质模型出发,针对能力素质指标,对应设计课程,进而形成完整的工会干部培训课程体系.为保证课程的持续运行,...     

Political parties and the transnational mobilisation of the emigrant vote

The relationship between political parties and voters is usually analysed in a national framework. However, the majority of states worldwide allow their emigrant citizens to have an absentee vote. This article analyses how parties confront the challenge of mobilising voters across borders. It presents an analytical framework for comparing the scope of party transnational mobilisation strategies across different electoral systems. Drawing on a contextualised qualitative analysis, the article analyses transnational electoral mobilisation of the emigrant vote in recent elections in Spain, France, Italy and Romania. The analysis shows that a cost–benefit analysis of electoral incentives explains the scope of transnational campaign efforts of many of the political parties. Yet the article also suggests locating the analysis of party strategies in the particular context of the transnational electoral field, including the high dispersion, uncertainty and volatility of the emigrant vote and the overlap between the electoral arenas among emigrants and at home.     

Private regulatory capture via harmonization: An analysis of global retailer regulatory intermediaries

Studies using the Regulatory–Intermediary–Target (RIT) framework have examined a variety of forms of regulatory capture, including how targets capture intermediaries (T?I) and how intermediaries capture regulators (I?R). Little attention has been paid to why and how regulators themselves might engage in capture. Yet such a scenario is likely in transnational governance settings characterized by regulatory competition and conflict, as well as power differentials between different types of private regulators (non‐governmental organizations, multinational corporations, and business associations). This paper elucidates why and how a private regulator might capture another private regulator via a regulatory intermediary: R1?I?R2. Drawing on interview and archival data, I examine three industry‐driven regulatory intermediaries created to harmonize private labor codes of conduct and ethical audit processes. These are founded and governed by a small group of retail trade associations and global retailers who also fulfill the role of private regulators (R1). My analysis reveals that the creation of these intermediaries is driven by global retailers’ reliance on standardization, low transaction costs, and regulatory harmonization across all aspects of their operations. It further reveals how the harmonization platforms are designed to leverage global retailers’ market power and evolve from regulatory intermediaries into de facto regulators that supplant existing private regulators (R2), and thereby capture transnational governance of consumer product supply chains. The article concludes by discussing contributions, implications, and avenues for future research.     

Globalization and citizenship: an Australian dilemma

Democratic citizenship, as it exists in countries like Australia, is premised on a nation-state that has sovereignty over a specific territory demarcated by internationally agreed boundaries. According to this model, citizens are supposed to control the state through democratic processes, and the state is supposed to control what happens on its territory and to decide who or what may cross its boundaries. But today globalization is eroding the capacity of the nation-state to control cross-border flows of finance, commodities, people, ideas and pollution. Powerful pressures are reducing state autonomy with regard to economic affairs, welfare rights and national culture. This leads to important questions: Does the quality of democratic citizenship remain unchanged? Are citizens still the source of political legitimacy? Do we need to rethink the meaning and mechanisms of citizenship to find new ways of maintaining popular sovereignty? How can citizens influence decisions made by global markets, transnational corporations and international organizations? These are problems that all democratic polities face, and Australia is no exception. Political and legal institutions derived from the Anglo-American democratic heritage have worked well for a century and more, but they may need to change significantly if they are to master the new realities. The central question in Castles's article is thus: What can we do to maintain and enhance democratic citizenship for Australians in the context of a globalizing world? To answer this question, he examines some of the inherent contradictions of nation-state citizenship, discusses the meaning of globalization and how it affects citizenship and looks at the effects of globalization and regional integration on Australia. He concludes that it is important to improve the quality of Australian citizenship by various measures: recognizing the special position of indigenous Australians and action to combat racism; combatting social exclusion; reforming the constitution to inscribe rights of active citizenship in a bill of rights; and reasserting the model of multicultural citizenship.     

Valence beyond consensus: Party competence and policy dispersion from a comparative perspective

Part of the growing literature on valence politics interprets the electoral impact of party competence perceptions as resulting from consensus over ideological positions in contemporary societies. The relationship between valence politics and consensus, however, is usually based on either disputable theoretical assumptions or on single-country analyses. In this paper I empirically test the assumptions linking valence politics and policy consensus in a comparative perspective across 21 political systems. The results show no evidence that valence is associated with consensus, and some evidence that the electoral effect of valence is correlated with certain forms of policy dispersion, such as ideological party polarisation. The implication that perceptions of party competence are significantly informed by spatial-based considerations is discussed.     

审判中心视角下的行政诉讼制度构造

"以审判为中心"的政法政策同样适用于行政诉讼制度改革,它要求法院发挥自身司法能力和司法制度能力,有效地介入涉法行政争议之中,并藉此保护法益。在行政诉讼中,司法权与行政权之间是法律监督上的国家权力结构关系。法院优位于行政机关,法院作为独立裁判者指挥诉讼管理关系和裁判过程。以审判为中心的行政诉讼制度构造,应最大限度地发挥法院司法能力在解决行政争议上的优位角色,应完整地发挥行政诉讼法的制度能力,即发挥立法、司法解释、司法组织及指导性案例的制度功能。行政诉讼司法准入、行政机关负责人出庭应诉、诉讼管辖、庭审制度等,是否体现了"以审判为中心"的制度改革方向,主要看其是否有利于行政争议的实质解决和法益有效保护。"多元化纠纷解决机制"政策和行政行为合法性审查为中心的行政诉讼制度,影响了法院的诉讼角色和功能。回归司法权和诉讼制度本质,宜在行政争议、行政行为和法益之间构造出一致性的诉讼结构关系;宜从组织和体制改革转向程序改革,发挥行政程序和司法程序在塑造司法公正和司法效率上的作用。