中国参与中亚里海能源合作存在的问题及其对策思考

中亚里海国家具有相当的油气出口的潜力,并希望与我国加强油气资源及其他能源的开发、勘探与运输。这为我国发展与这些国家的能源合作提供了前提条件。但在里海油气的争夺与合作中,受美俄的能源战略和政策调整的影响,我国应从确保国家能源安全的高度,加强政府对中国石油企业与国家能源合作的宏观战略指导,并注意规避在合作中的风险因素。     

世界能源形势与日本新国家能源战略

为应对世界能源形势的新特点和新变化,日本颁布了以"安全"为核心的新国家能源战略。毋庸置疑,此战略的实施过程、运行路径必将波及影响到比邻而居且同为能源进口、消耗大国的中国。因此,有必要从深层次剖析并解读其战略衍生的触发机制及其内容,并在此基础上,须探讨如何弱化和规避日本新国家能源战略给中国带来的影响。     

Contextualism, Feminism, and a Canadian Woman Judge

Feminist legal scholars have never cut the first woman appointed to the Supreme Court of Canada as much slack as the second. Yet the first, Justice Bertha Wilson, introduced the contextual method into the Court’s jurisprudence. Her approach to contextualism is consistent with one of three feminist legal methods that Katharine T. Bartlett identifies. More specifically, it is consistent with Bartlett’s feminist practical reasoning. However, Justice Wilson’s contextualism is not without its critics. The most challenging, Ruth Colker, contends it must work in conjunction with a distinctive substantive principle. Justice Wilson took a different approach, aligning the contextual method with the constitutional principle of proportionality. Thus construed, this paper argues, contextualism represents a new approach to feminist judging.

俄罗斯战略性主导产业增长方式:能源工业的实证分析

对经济转轨以来俄罗斯能源工业的研究表明,作为战略性主导产业的能源工业在俄罗斯经济转轨中发挥了巨大作用.在俄罗斯转轨危机中,能源工业一直保持了较高的增长速度,并率先走出经济危机.对经济转轨前俄罗斯能源工业的回顾表明,计划经济体制下粗放式开采是制约苏联油气开发后劲的根本原因.对此我们要给予充分客观的认识.本文从设计采收率、劳动生产率等方面论述了经济转轨以来俄罗斯能源工业的粗放式经济发展方式的进一步加强.深入分析了俄罗斯能源工业的粗放式经济发展方式加强的原因.本文指出,经济转轨中俄罗斯能源工业的经济发展方式的转变,关系到整体经济发展方式、经济增长速度和经济结构调整.     

Swiss Energy Policy and the Challenge of European Governance

The European Union establishes external relations with third countries in different ways. Network governance is considered as an organisational opening that provides for more cooperative flexibility and inclusion. In this article, I examine to what extent network governance enables Switzerland's inclusion in the European energy sector. I argue that, as the network governance of EU energy policy becomes more institutionalized – from the regulatory forums of Florence and Madrid to the European Regulators Group for Electricity and Gas (ERGEG) – Switzerland tends to be excluded. I further argue that this lack of political inclusion is partly compensated by patterns of market governance that favor Swiss firms. Neither network nor market governance, however, is a sufficient form of coordination and traditional options such as bilateral agreements (electricity) and autonomous adaptation (gas) seem inevitable.     

FANTASY OR FICTION: MARCHING OF THE DRAGON IN THE SOUTH CHINA SEA

This article looks at the South China Sea dispute and its impact in international relations. It analyses why the Southeast Asian states are highly sovereignty sensitive, and how such sensitivity has made non-intervention the bedrock of managing their foreign policies. China has long viewed the near seas as regions of geostrategic interest, and thus the SCS is not an exception. On the one hand it brings hope and prosperity, and on the other uncertainty and threat. At the end, the article argues whether China’s assertive position regarding other countries’ sovereignty claims in the Arctic might undermine its own position in contested areas like the SCS, and suggests that China will at least have to learn how to share and bear (term coined by the author) as a member of the international community.     

Making the investment provisions of the Energy Charter Treaty sustainable development friendly

The International Energy Agency estimates that $16 trillion of investment will be needed to meet world energy requirements from 2003 to 2030. The world's poorest countries, where some of the fastest rates of increase in energy production are expected, will require a significant portion of this investment. Energy investment, both as a source of foreign exchange and to expand local access to electricity and other forms of energy, is integral to socioeconomic development. It is reasonable to expect that this anticipated investment will witness a significant number of disputes between investors and host governments. A fair and just dispute settlement system can help promote the needed investment and sustainable development. The Energy Charter Treaty (ECT) takes a comprehensive approach to the international energy sector, including coverage of trade, transit, competition and the environment, but its investment provisions have proven most significant with three international arbitral tribunals having issued decisions under the treaty and more disputes pending. While much of the ECT's effort has been to bridge the former East–West economic divide, the Treaty's scope of application is potentially worldwide, and given the inextricable link between energy, development and the environment it makes sense that the Treaty process forge a developing-country regime, one that promotes the development of energy resources and sustainable development. Drawing upon the work of Konrad von Moltke and the International Institute for Sustainable Development (IISD) and in light of tribunal decisions to date, this essay maintains, inter alia, that the ECT should impose basic transparency and good faith requirements on investors and create a special developing-country regime, promoting sustainable development.

中国贿赂犯罪立法与《联合国反腐败公约》之比较

中国贿赂犯罪刑事立法与《联合国反腐败公约》在行贿方式、行贿罪的目的要件等的规定上具有契合性,在行贿人的刑事责任、贿赂的内容、外国公职人员或者国际公共组织官员贿赂犯罪的规定等问题上具有差异性。     

Jan Christian Smuts (1870–1950) in Context: An Answer to Mazower and Morefield

This article engages with the recent scholarship of Mark Mazower and Jeanne Morefield regarding the South African and Commonwealth statesman Jan Christian Smuts (1870–1950), and in particular with their contention that Smuts was preoccupied with issues of racial superiority, and that this was his main motivator in matters of politics, both internationally and domestically. However, during his lifetime Smuts did not see the ‘Native question’ in the form in which it manifested from the 1950s onwards. It is therefore unfair and inaccurate to over-emphasise the racial question when writing about Smuts. Any historical account of Smuts must keep at least one eye on what Smuts could not have foreseen and must place Smuts in the context of his own time. Progression from smaller to greater wholes – one white nation instead of two language sections; a united South Africa instead of divided colonies and republics; membership of self-governing Dominions in a single British Commonwealth, and membership of international organisations, in particular the League of Nations, and later the United Nations – these were the ends to which Smuts’ energies were unreservedly devoted throughout his career. This is the correct lens through which to view Smuts’ liberal credentials.     

THE AMERICAN RESPONSE TO PAKISTANI AND IRANIAN NUCLEAR PROLIFERATION: A STUDY IN PARADOX

This article explores the paradox in the reaction of the United States to the two different proliferation cases: Pakistan's proliferation and Iran's weaponization effort. The article tries to find answer to the following key question; why the United States, as one of the guardians of the Non-proliferation Treaty (NPT) which would prefer to see a region that is entirely free of weapons of mass destruction, ultimately has accepted Pakistan's proliferation, while imposed considerable amount of pressure to stop Iran from acquiring nuclear weapons.

The paper posits that number of factors explain such differences; first, and at the theoretical level, Pakistan was never considered an “irrational” and “messianic” state like Iran, but regarded as a country with a certain degree of cold-war type nuclear rationality. Second and at the applied level, while Pakistan was a US ally with not having a history of challenging the United States, Iran has been considered enemy and a threat toward the US interest.

Third, while Pakistan's nuclear arsenal was viewed as a defensive mean against overwhelming strength of India, Iran's possible nuclear arsenal considered to be for offensive uses against the United States and Israel. The fourth factor pertains to the consequences of proliferation, which is what happens when Iran's neighboring countries may feel threatened by Iranian nuclear weapon and proceed to develop their own arsenal. Fifth factor deals with the possible Iran's temptation to give some nuclear material to a terror group in which made the United States serious in preventing Iran's weaponization. Last but not least, Israel was not involved to pressure and agitate against Pakistan, while it was applied a tremendous pressure against Iran to prevent it from achieving nuclear weapons.