从国际气候谈判看中国低碳经济转型

自2003年英国率先提出＂低碳经济＂之后,低碳经济很快风靡全球。不论是发达国家还是发展中国家,都纷纷提出要发展低碳经济。但是低碳经济究竟是何物？如何对其界定,本身就是一个急需解决的问题。作为最大的发展中国家,中国越来越成为国际气候谈判的风口浪尖。发展低碳经济既是中国应对气候变化,履行国际承诺的必然选择;又是调整经济结构,建设新型工业国家的重要战略契机。     

全球治理的法律渊源及其合法律性问题

全球治理的重要特征是多元规制,这一特点对全球化时代的法律的概念和法律渊源问题提出了挑战,针对这种挑战的三种解决途径即由约束力的区别来确定硬法和软法、按照法律制度化的程度来区分各种法律渊源、依据世界民主公法来界定各层次的法律渊源都要求对全球治理的法律渊源提出某种规范性要求。相对于这种规范性要求的实质性方面,通过合法律性这个概念来表述这种规范性要求是更适当的,并且在此意义上,合法律性也呈现了全球治理法治化这种规范性主张的必要条件和相应的局限性。     

对我国比较刑诉法研究的检视与反思

比较刑诉法研究对中国现代刑事诉讼理论以及立法起了积极的推动作用,但通过对相关研究历史的考察发现,其存在的问题也不容忽视,虽已有学者进行了一定程度的反思,并提出范式转型来以期解决,但并没有对比较刑诉法研究本身加以诊治。我们需要从研究主体的精英化,研究对象的全球化、全面化,研究方法的多样化、合理化这三个方面着手努力,才能给中国未来刑事诉讼的发展注入新的"一泉活水"。     

Use of the global positioning system in the field recovery of scattered human remains

This study examines the Global Positioning System (GPS) as a tool for field mapping of scattered human remains or other materials in forensic investigations. Two aspects of the GPS are considered: (1) the level of accuracy that can be obtained using a mid-priced GPS unit, and (2) the effectiveness of using the GPS to map scattered materials. The positional accuracy of the GPS receiver was tested using a National Geodetic Survey (NGS) point located in Baton Rouge, LA. The utility of the GPS for mapping was investigated by setting up a mock field recovery and mapping the remains using both the GPS and traditional archeological methods. The results indicate that the positional error for a single location using GPS was less than one-half meter. However, when multiple positions were considered, the data produced on different days were not consistent. Further, the GPS receiver used in this study could not distinguish items in close association. Factors such as tree cover density, the proximity of the materials to structures or trees, and satellite positioning contributed to the erratic data. These results indicate that traditional techniques and photographs are still indispensable for mapping scattered remains or artifacts.     

From the Claw to the Lion: A Critical Look at Capitalist Globalization

ABSTRACT

This article argues that capitalist globalization is largely responsible for creating or intensifying many of our most serious economic and social problems. It first describes the forces that drove core country transnational corporations to create a complex system of cross-border production networks. It then maps the resulting new international division of labor, in which Asian countries, especially China, import primary commodities from Latin American and sub-Saharan African countries to produce exports for core countries, especially the United States. In core countries, globalization has led to the destruction of higher paying jobs, financialization of economic activity, and stagnation. While the new international division of labor has boosted third world rates of growth, especially in Asia, it has also left the third world with unbalanced and inequitable economies. Moreover, contradictions in the globalization process point to the spread of core country stagnation to the third world. Capitalist globalization has increased third world dependence on core country consumption while simultaneously undermining core country purchasing power. The article ends by discussing a process and program of transformation that highlights the feasibility of an alternative to global capitalism as well as the organizational capacities and institutional arrangements that must be developed if we are to realize it.     

国际非政府组织在中国的治理传播

随着全球化的发展和全球性问题的突出,国际非政府组织在全球治理中日益扮演着重要角色,通过在华开展治理传播,已成为向中国展示世界和向世界说明中国的重要窗口。他们一方面在涉及中国民生、环保、社会发展等重要问题上发挥了不可忽视的作用,一定程度上与中国构建和谐社会的目标达成一致;另一方面又往往受制于政策门槛、资金准入、社会参与、自身结构性问题等方面的障碍,活动绩效受到负面影响。     

Sensibility in the era of global communication: a semioethic perspective1

This article proposes a phenomenological and semiotic analysis of sensibility in the era of globalization, which is the era of global communication. How are time, space, self, others, life, death, health, illness, work, employment, unemployment, free-time, development, underdevelopment, and so forth, perceived in today's world? As vast as this excursion may seem, these different issues concerning sensibility all bear on the problem of the relation between identity and alterity. The hypothesis guiding my analysis is that the common denominator in science and sensibility today is the ideology, or ideo-logic, of identity. However, taking Europe as our societal paradigm the ideo-logic of identity reveals itself as a menace to the difficult process of forming the European Union. In Europe – indeed, in world history at large – the logic of identity and of alterity can be traced in all the important phases that have determined peoples’ historical destiny. In the current phase of development in the social reproduction system of advanced capitalism, the contrast between identity and alterity is at an extreme, at the point of exasperation. In this article I intend to explore the possibility of opening sensibility to alterity not only in Europe, but in the anthroposociosemiosic sphere at large.     

Transcendental institutionalism and global justice

In The Idea of Justice (2009 Sen, A. 2009. The idea of justice, Cambridge, MA: Harvard University Press. [Crossref] , [Google Scholar]), Amartya Sen distinguishes between ‘transcendental institutional’ approaches to justice and ‘realization-focused comparisons,’ rejecting the former and recommending the latter as a normative approach to global justice. I argue that Sen’s project fails for three principal reasons. First, he misdiagnoses the problem with accounts that he refers to as transcendental-institutionalist. The problem is not with these kinds of accounts per se, but with particular features of prominent approaches. Second, Sen’s realization-focus does not account well for the value of institutions of global justice. And even Sen agrees that reforms to institutions are urgently needed. And third, the distinction between transcendentalism and comparative approaches is implausible. I close by suggesting a strategy for an alternative institutionalist approach that can offer the kind of guidance for reforming the global order that Sen rightly takes as urgent.     

Funding Global Public Goods: The Dark Side of Multilateralism

The funding of global public goods, such as climate mitigation, presents a complex strategic problem. Potential recipients demand side payments for implementing projects that furnish global public goods, and donors can cooperate to provide the funding. We offer a game‐theoretic analysis of this problem. In our model, a recipient demands project funding. Donors can form a multilateral program to jointly fund the project. If no program is formed, bilateral funding remains a possibility. We find that donors rely on multilateralism if their preferences are relatively symmetric and domestic political constraints on funding are lax. In this case, the recipient secures large rents from project implementation. Thus, even donors with strong interests in global public good provision have incentives to oppose institutional arrangements that promote multilateral funding. These incentives have played an important role in multilateral negotiations on climate finance, especially in Cancun (2010) and Durban (2011).