海盗羁押不构成停租——评2010年the“Cosco Bulk Carrier v．Team—Up Owning”案

简要介绍the“Cosco Bulk Carrierv．Team—Up Owning”案的案情。按照争点审理的顺序，分别分析法庭对纽约租约停租条款中“海损事故”“不履行职责”“其他原因”等词的解释，提出可能的与判决相反的解释，论证法院判决的合理性。最后得出结论，出于公平分担船方和租方所负担的风险的目的，法院判决海盗羁押不构成停租。     

‘We Looked after People Better when We Were Informal’: The ‘Quasi-Formalisation’ of Montevideo's Waste-Pickers

Drawing on participatory research, this article explores the state formalisation of Uruguayan clasificadores (waste-pickers). It goes beyond the informal/formal binary, instead proposing the concepts of ‘para-formality’ to describe economic activity that exists in parallel to regulated and taxed spheres, and ‘quasi-formality’ to describe processes of formalisation that are supported by underlying informal practices. When unregulated, clasificadores enjoyed parallel services in health, finance and social security, implying that benefits of ‘formalisation’ must be explored ethnographically rather than assumed. The persistence of ‘quasi-formal’ activity within formalised recycling plants complicates simple narratives of informal to formal transitions and suggests that the concept can be useful for the study of labour policies in Latin America and beyond.     

Fighting the Hellhounds: Pro-democracy Activists and Party Politics in Post-Suharto Indonesia

In the literature on post-Suharto Indonesia, an increasingly dominant stream has portrayed the political system as being hijacked by predatory elite interests associated with the fallen New Order regime. While such characterisations describe important elements of the post-1998 polity, they do not tell the full story. At the same time that patronage-driven career politicians have staked their claims in the newly democratic state, a large number of civil society activists also started to play an active role in formal politics. This article illustrates how human rights advocates, women activists and labour leaders have tried to promote their causes not from the margins of civil society, but from within the power centre of political institutions. To be sure, some activists-turned-politicians have failed in this effort, but others have initiated key pieces of legislation that led to ground-breaking reforms. In comparative terms, the article demonstrates that Indonesian activists have created an effective political niche for themselves, avoiding both the patterns of state co-optation so prevalent in South Korea and the anti-system attitudes of activist politicians in Malaysia.     

Coal Mine Safety Regulation in China and the USA

The People's Republic of China (PRC) and the USA are, by long measure, the world's largest producers and consumers of coal. Coal production is inherently risky, and fatalities are unavoidable in these large coal economies. Both countries have developed complex systems of law to regulate coal mine safety. These systems share many attributes. Despite similarities between the separate systems of mining law, the PRC significantly trails the USA in terms of coal mine safety. Due to large disparity in economic development, it may be inappropriate to compare these two countries. However, the PRC's mine safety record is significantly worse than that of other large producers who are similarly underdeveloped. It appears that the PRC has failed to effectively implement its mining safety laws. Several arguments have been made as to the cause of this failure, including lack of judicial review of agency actions, lack of meaningful trade unions, government corruption and geographical difficulties of controlling rural mines with a central government. This article explores similarities and differences between the coal economies of the USA and PRC, and introduces some of the arguments used to explain the gap in safety.     

Political Economy of Southeast Asian Borderlands: Migration,Environment, and Developing Country Firms

The Chinese way of development shares many characteristics with the East Asian developmental state model. Key elements of this shared development model include state control over finance, direct support for state owned enterprises by the government, import substitution industrialisation in heavy industry, a high dependence on export markets and a high rate of domestic savings. Even the reform of corporate governance is not likely to change the basic features of the East Asian model in China. Among East Asian countries, China shares more similar characteristics with Taiwan rather than with Japan or Korea since China, like Taiwan, also has an economy of dual structure that divides the public and non-public sectors.     

China's Creative Industries: Copyright,Social Network Markets and the Business of Culture in a Digital Age

This article analyses the decline of Japanese labour unions and their struggles for revitalisation from a power resources perspective. It demonstrates first that the power resources of labour unions declined in the neo-liberal political process of labour-market deregulation as a result of lower union density, the intensified conflicts of interest among unions and their reduced access to policy-making. Although this situation induced labour unions to change their interest representation to some extent and organise an increasing number of non-regular and marginalised regular workers, the article claims that they are still concerned about protecting the vested interests of regular workers in large companies and their efforts to organise non-regular and marginalised regular workers have been insufficient. In addition, although community unions have aimed to organise these workers extensively, their human and financial resources are too small to do so and revitalise the labour movement.     

The standard of living of widows: Inventories as an indicator of the economic situation of widows

This article examines the standard of living of widows in two rural areas, South West Finland and Central Sweden, in the eighteenth and nineteenth century and among first generation migrants to Stockholm between 1680 and 1750. The principal sources used are the inventories of a person's possessions that were taken after their death, supplemented in the case of the rural populations by retirement contracts (which were not used by urban populations in the Nordic countries). Wealth is measured in three ways: examination of the type and value of the property listed in the inventory, calculating what goods might be purchased with a given inheritance, and a comparison of the inventories of widows with those of married women and with men. A range of factors, it was discovered, determined how much property a widow might own at her death. These factors included her age and whether there were children entitled to a share of the family's property but also the impact of inheritance law which awarded widows a larger share of marital property in towns than in the countryside and included the house which in rural areas was considered to belong to the family and not to any one individual. Analysis of this evidence suggests that the widows of farmers were likely to be economically secure due to the provisions in their retirement contracts which provided them with housing, food and care until their death. The situation of the widows of the landless was considerably more precarious. Some might even have nothing to inherit from their husbands.     

Introduction

In Sweden, female prison officers are a long-established fact. Today women make up about 38% of the prison officer work-force. However, the distribution of sexes in the organization is quite uneven between different types of prison wings and units, and at the in-group level there is an informal gendered division of labour going on. The article deals with how a gendered division of labour comes about as a result of socially established motives and notions among prison officers, as well as prisoners, about men's and women's different qualities in performing different types of work tasks. It is based on data from a minor interview study (from 2006), and a 3-year multi-strategic research project containing qualitative case-studies and a nationwide survey (from 2007–2009). The article concludes that a great number of female officers contribute to a more prominent position for the rehabilitative side of prison work. However, the on-going gendered division of labour in and between wings and units is also one important factor behind sub-cultural differentiation and variations in work practices in the prison organization. A more balanced distribution of the sexes would stimulate rehabilitative work and a more unified view of the occupational role throughout the whole organization.     

论双务合同中给付义务的牵连性

双务合同中,当事人所负的给付义务不是独立存在的,而是具有牵连性,亦即目的性的相互依赖性.所谓发生上的牵连性是对合同义务存在或不存在的不准确的表述,不应被确认为牵连性的表现形式.功能上的牵连性是指合同义务在执行中的牵连性,其制度表现包括履行顺序的确定、同时履行抗辩、不安抗辩、特定履行等.条件上的牵连性是指在一方的给付义务消灭的情况下,对方的对待给付义务亦可归于消灭.此种牵连性是法定解除制度的学理基础.     

A Reappraisal of the EU’s Expanding Readmission System

Readmission is not simply a means of removing undesirable foreigners through coercive methods. When viewed as a way of ensuring the temporary stay of foreign workers in the labour markets of European destination countries, readmission may also impact on the participatory rights of a growing number of native workers facing equally temporary (and precarious) labour conditions, in a context marked by employment deregulation and wage flexibility. These implications have clear democratic significance. A new analytical perspective applied to the expansion and development of the readmission system, is aimed at promoting a reflection on an unexplored research area bridging the gap between labour migration regulation and labour market deregulation.