Unionism after Good Friday and St Andrews

Unionism's response to the peace process and the Belfast Agreement was often characterised as incoherent, divided and reactive. This reflected the reality that the core of the peace process was the relationship between the British state and the IRA. Since the end of the IRA as a terrorist organisation and mainstream republicanism's embrace of a partitionist settlement, Unionism's political position appears stronger. However, although constitutionally secure it faces major ideological and strategic challenges     

SCM协议与我国的战略取向探析

在全球化趋势下,各国的经济发展需要相互合作、相互促进。为了保证公平贸易,WTO组织应运而生。本文主要分析了SCM协议的补贴与反补贴制度,以及SCM协议下的欧盟反补贴法,并从建立健全反补贴法律体系、加强管理和增加产业自身实力三方面探析了我国的战略取向。     

论规范垄断协议行为的立法完善

我国《反垄断法》对垄断协议的规制已不适应现实需求,其在垄断协议定义上存在涵盖过宽问题,应当将其严格限定在实质性排除、限制竞争的范围内;其在垄断协议的分类上存在划分过于简单化问题,应当在目前所作的分类基础上引入一个兜底条款;其在垄断协议的规制原则上存在意思表达不明问题,应当对自身所持的态度作出精确阐述;其在维持转售价格的规制上存在因噎废食问题,应当将重点放在其被滥用情形的防治上;其在垄断协议的豁免制度上存在应对机制不全问题,应当通过科学的安排对相应情形加以补充并作出指引。     

论国家软实力的政治和文化维度

广义的文化软实力既包含制度维度,也包括精神维度,而且,这两方面也是相互影响和渗透的.民主、法治与善治,是国家软实力的制度体现,伦理、尊严与文化,则是国家软实力的精神载体,两者缺一不可.软实力以硬实力为支撑,但是,仅有硬实力还不够,没有体制和精神上的软实力的支持,硬实力也许难以维系.一个国家的体制和文化上的形象,直接影响...     

Safeguard Measures under the China-Australia FTA: The WTO-Compatibility Perspective

Since the Sino-Australia Free Trade Agreement came into force, the possibility of applying safeguard measures is also increasing along with the rapid growth of their bilateral trade. There are different approaches of applying bilateral and global safeguard measures in the FTAs, in addition to the WTO-compatibility requirements, under the multilateral trading system. GATT Article 24 neither entitles nor forbids applying the bilateral safeguard measures in the FTA context straightforwardly. However, requirements by the Safeguards Agreement as well as the ‘parallelism principle’ as established in dispute settlements must be complied with when a party excluding its FTA partner from its application of global safeguards, otherwise its WTO-compatibility will be challenged.     

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

We examined the association between parents’ (N = 52 mothers and 52 fathers) and children's (N = 27) reports of interparental conflict and child difficulties in a family mediation setting. Parents’ reports of conflict were moderately associated with children's reports of exposure to parental conflict, but only fathers’ reports of conflict were associated with children's reports of negative responses to parent conflict. While mothers and fathers agreed on their child's difficulties, only mothers’, not fathers’, report of child difficulties were moderately related to child reports of child difficulties. Mothers’ and fathers’ reports of conflict generally were not strongly associated with reports of child difficulties. In contrast to parent reports, children's reports of exposure to parents’ conflict were moderately and significantly related to self‐reported child difficulties and moderately related to parents’ reports of child academic difficulties. The magnitude of the association between the child's report of interparental conflict and self‐report of difficulties was stronger than the association between parent report of conflict and parent report of child difficulties, suggesting that parents may not fully understand their child's exposure to parent conflict/violence or the problems their child is experiencing.

Key Points for the Family Court Community:
• Family law stakeholders prioritize the creation of parenting arrangements that are in the best interest of the child; however, it is unclear how to gather information about the child and the child's perspective in order to inform such arrangements.
• The study results suggest that parents may not agree with each other or with the child about important family issues, such as parent conflict and child difficulties. For example, parents may not fully understand their child's exposure to parental conflict/violence when in the midst of custody negotiations.
• More research is needed to determine the best method for gathering information about the child during custody proceedings. In the meantime, it is important to gather information from multiple sources and to consider the agreement and differences across such sources of information.

     

Regulating public procurement in Brazil,India, and China: Toward the regulatory-developmental state

Since the 1990s, emerging economies such as Brazil, India, and China have adopted transparency-enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries’ positions in two overlapping international procurement regimes. In particular, reform-oriented state actors, societal pressure, and lesson-drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into “promoters” of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant “spoilers” of the GPA-based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory-developmental layering of rule-based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.     

试论行政合同中的诚实信用原则

从行政合同的契约本质考虑,诚实信用原则当然可以适用于行政合同;从行政合同的行政性来看,诚实信用原则适用于行政合同有利于规制行政特权的恣意行使。对于历来强调国家的优越地位,缺乏对个人权利保护和平等地位尊重传统的我国,在行政合同理论和实践中倡导诚信原则更具意义。具体适用时,一方面要借鉴诚实信用原则在私法合同中的适用,另一方面更要注重诚信原则对行政机关在行政合同中进行公益裁量、行使行政特权时的有效约束。     

卧底侦查的法律问题探究

卧底侦查作为一种欺骗性侦查手段,其合理性是可以得到确证的。在卧底期间,卧底人员涉入的轻微违法犯罪应排除可罚性;面对卧底侦查对象所实施的轻微犯罪,卧底人员的不作为一般不构成犯罪。为防止卧底侦查措施的滥用,必须对卧底侦查进行有效的法律规制。