美国重返亚洲对中国东亚地区FTA战略的影响——基于TPP合作视角的分析

美国通过加入TPP从实质上确立了"重返亚洲"的全球战略调整,在更大程度上加快了对亚太地区经济一体化进程的干涉。美国主导下的TPP对东亚区域经济合作机制的发展产生了重要影响,也给中国的整体和局部FTA战略带来了诸多的不确定性和挑战。中国必须正确认识美国在东亚地区的经济战略转变以及TPP扩张带来的潜在影响,在此基础上对FTA战略做出合理的调整。中国的FTA战略重心仍应保留在东亚地区,提高国内企业对FTA的利用率,同时跟踪研究TPP的最新进展,为以后加入TPP谈判做好相应的准备工作。     

The Impact of EU-based Populism on Turkey-EU Relations

ABSTRACT

The May 2019 EP elections once again highlighted the current cultural backlash throughout Europe against progressive values such as cosmopolitanism and multiculturalism, which impacts on the ‘future of Europe’ debate, raising important questions for the evolution of Turkey-EU relations. Even though Turkey is no longer a hot topic in EU political parlance and public opinion, opposition to Turkish EU membership continues in the form of nativism, particularly with reference to the issues of immigration and Islam, as the cases of AfD in Germany and UKIP in Britain show.     

Police officer attitudes to the practicalities of the sex offenders’ register,ViSOR and Child Sexual Abuse Disclosure Scheme in England and Wales

This paper examines police officer understandings of and attitudes to the sex offenders’ register, Violent and Sex Offenders’ Register (ViSOR) and Child Sexual Offender Disclosure Scheme (CSODS) in England and Wales – an under-researched area in the management of sexual offenders in the UK. This research is an adaptation of an American study utilising a mixed-methods approach, combining an online questionnaire survey (N?=?227) with a series of semi-structured interviews (N?=?27). The study found that police officers, irrespective of role, were generally supportive of the register, ViSOR and CSODS in principle, but they thought that logistics, practicalities, infrastructure, multi-agency collaboration and public understandings had problematic impacts on the scheme in practice. The participants believed that greater investment was needed in terms of time and resource to make the register, ViSOR and CSODS easier to use and access and thus fit for purpose.     

Transferring custody from birth parents to foster parents – an ambiguous matter

In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a hindrance in custody transfer. Our findings stress the need for clarification in the law regarding the criteria for custody transfer in order to reach a more unified judgment. Furthermore, the district courts do not sufficiently acknowledge children’s views, and we suggest that children and young people should be made more visible in the decision-making process.     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

On Music,Censorship, and Globalization

Malik Bendjelloul’s music documentary, Searching for Sugar Man (2012), uses the narrative of its central figure, American rock “n” roll musician Sixto Rodriguez, to allegorize South Africa’s emergence from censorship and isolationism to a post-apartheid and increasingly transnational dispensation. I look at the cultural politics of apartheid-era censorship in attempt to account for Rodriguez’s cult appeal in South Africa, despite his artistic shortcomings and his obscurity in the USA. I then focus on the film’s final concert sequence, featuring Rodriguez’s first South African performance, which Bendjelloul subtly positions as a moment of celebration over the new possibilities enabled by the demise of apartheid and the rise of an increasingly integrated global culture.     

The Revolution and its Discontents: Grenadian Newspapers and Attempts to Shape Public Opinion during Political Transition

Abstract

What role did the newspaper play in attempting to influence public opinion in the early stages of the Grenada Revolution and what are the terms in which printed discourses on the revolution were conceptualised? The Grenada Revolution was a discursive political process where branding and narration were necessary elements in securing the revolution’s authority and legitimacy. This paper argues that Cuba functioned as a metonym through which the revolution was translated in Grenadian periodicals. Even before the coup of 13 March 1979 Grenadian media represented the New Jewel Movement—the revolutionary party—as Cuban-inspired and socialist. In order to examine how socialism in general, and the socialist character of the People’s Revolutionary Government (PRG) in particular, was narrated, a comparison is staged between two newspapers—the government-run Free West Indian and the privately owned The Torchlight. Competing discourses on Cuban communism are analysed for the ways in which they stood-in for the Grenadian people’s hopes, aspirations and anxieties in the midst of radical political change. Issues including race, gender equality, property ownership, freedom of religious practice and freedom of travel are examined in relation to capitalism and socialism, and the PRG’s efforts to maintain narrative authority of the revolution.     

Continuing Revolt of the Urban Chinese Voters: The Case of Kepong

Abstract

Since the 2008 Malaysian general election the Chinese vote has swung overwhelmingly to the opposition, and this trend has continued in the 2013 general election. When announcing the results of the 2013 general election, Prime Minister Najib labelled it as a ‘Chinese tsunami’. Taking the case of Kepong, this article attempts to explain the reasons for the urban Chinese voters’ continuing support for the Democratic Action Party.