欧盟反倾销调查不同阶段关于产业损害认定的法律标准及证据规则

根据欧盟现有的反倾销立法及其实践,欧盟反倾销产业损害认定能否成立大致可以分成立案审查阶段、初裁前调查阶段、终裁前后续调查阶段和复审阶段等四个阶段.这四个阶段中,欧盟反倾销调查机构关于损害认定的法律标准的侧重点各不相同,而且在利害关系方证据材料的要求方面各具不同特点.欧盟产业损害调查各阶段法律标准和证据规则侧重点不同的做法并没有违反WTO《反倾销协定》之原则和精神,欧盟反倾销调查各阶段产业损害认定采用不同标准的做法值得我国借鉴.     

居住权问题检讨

在物权法制定过程中,学术界对于我国物权法是否应当规定居住权制度存在较大争议.但是,经过详细检讨后发现,赞成者的观点在方法论和具体观点上都存在一定的问题,而反对者亦未能有效论证己方观点.此时应当依据论证负担分配规则得出不支持承担论证负担一方的结论,即我国物权法不应当规定居住权制度.     

环境侵权侵害排除责任研究

在环境侵权诉讼中,在适用损害赔偿责任方式的同时,适用能够充分发挥环境侵权民事责任的抑制和预防功能的侵害排除责任方式尤为重要.因此,我国应尽快制定《环境侵权民事责任法》,以解决我国现行法律规范中存在的问题;与此同时,法院应采取阶段性利益衡量论以决定是否适用侵害排除责任方式.     

论动植物检疫徇私舞弊罪

通过对动植物检疫徇私舞弊罪的概念和构成要件特征进行分析,结合司法实践阐释本罪认定应注意的若干问题,并详尽论述本罪与相关罪的罪数形态问题.     

民初律师惩戒制度论析——以惩戒案例为中心

律师惩戒制度对维持律师队伍的道德水准和专业素质起着规范和监督作用.在本质上这一制度反映出律师行业的自治性和国家对这一行业监督、管理和控制的互动关系.民初北洋政府时期在律师惩戒领域实行的是两级两审制:由高等审判厅推事组成的律师惩戒会是初审机构,由大理院推事组成的复审查律师惩戒会是复审机构.这一时期的律师惩戒事宜几乎完全被司法机构所垄断,律师公会被排除在外.就制度渊源而论,北洋时期的律师惩戒制度是对大陆法系中日本制度的借鉴,而有别于德国的相关制度.     

Fund Accounting from the Italian Early Tradition to the U.S. GAAP for Governments

Surprising correspondences emerge from the parallel investigation of fund accounting practices in Italian entities until the late nineteenth century and in the contemporary U.S. public sector. The analysis attempts to interpret similarities and differences in light of dissimilar environmental features, and wonders if the Italian tradition could have some explanatory capability on the U.S. present standards. The “fund” concept and its use are strictly similar; they are founded on information needs for governance and internal control. Contemporary requirements for democracy and transparency, and opportunities coming from modern ICT tools bring U.S. organizations to be accountable to the citizenry.     

“Gendering” European security: policy changes,reform coalitions and opposition in the OSCE

The Organisation for Security and Co-operation in Europe (OSCE) has rarely been considered in scholarship on gender and security, even though it was one of the regional security organisations whose gender policy predated the United Nations Security Council’s call for more international attention to issues related to women, peace and security in October 2000. Based on an analysis of official OSCE documents and on semi-structured interviews, we trace the integration of gender issues in the OSCE and explore the rationale behind and the challenges associated with it. We identify two phases of gender policy change in the OSCE and show how the integration of UNSCR 1325 brought about an expansion of OSCE gender policy from an exclusive focus on “soft” security issues towards increased inclusion of gender in the area of “hard” security. Drawing on historical and feminist institutionalism, we argue that reform coalitions were crucial for the policy changes in the OSCE but that they encountered institutional and ideational barriers, which hampered implementation of the gender policy. In light of rising opposition, our analysis warns of a backlash that might jeopardise current achievements.     

Terrorist events,emotional reactions,and political participation: the 2015 Paris attacks

The impact of terrorist events on attitude formation and change among mass publics has been well established in political research. Still, no individual-level study has examined the impact of terrorist attacks on political participation. This article aims to fill that gap. Drawing on theories of affect, it is predicted that fear stemming from a terrorist attack will increase motivation to seek out political information, yet will have a negative effect on actual participation. On the contrary, anger will hinder information seeking but will boost the intention to participate in political rallies. These hypotheses are tested using data from a two-wave panel study that collected one wave before and a second wave after the January 2015 Paris attacks, and from one cross-sectional study carried out soon after the November 2015 attacks.     

Just sick of it? Health and political trust in Western Europe

This article explores two theoretical possibilities for why personal health may affect political trust: the psychological‐democratic contract theory, and the role of personal experience in opinion formation. It argues that citizens with health impairments are more likely to experience the direct effects of political decisions as they are more dependent on public health services. Negative subjective evaluations of public services can lower trust levels, especially if people's expectations are high. Using European Social Survey data, the association between health and trust in 19 Western European states is analysed. The results indicate that people in poor health exhibit lower levels of trust towards the political system than people in good health. The differences in trust between those in good and poor health are accentuated among citizens with left‐leaning ideological values. The results suggest that welfare issues may constitute a rare context in which personal, rather than collective, experiences affect opinion formation.     

Post-hegemonic regionalism in Oceania: examining the development potential of the new framework for Pacific regionalism

This article explores the early potential of the Framework for Pacific regionalism, a new political process that Pacific nations are using to establish regional development priorities. The emergence of this process is positioned within a context of a desire for a new era of Pacific-led regional development collaboration. The early outcomes of the Framework are outlined and examined. Specifically, the article questions whether it is meeting aspirations for ‘game-changing’ development goals that enjoy greater levels of ‘ownership’ amongst Pacific leaders. It also explores whether the new process canbe seen as evidence of a new era of ‘post-hegemonic’ regionalism in Oceania, characterised by a revitalisation of regional political debate; a rejection of ‘economism’; and the reassertion of indigenous and civil society concerns.