ASEAN as the ‘regional conductor’: understanding ASEAN's role in Asia-Pacific order

This paper analyses ASEAN's prominence in regional order negotiation and management in Southeast Asia and the Asia-pacific through the lens of social role negotiation. It argues that ASEAN has negotiated legitimate social roles as the ‘primary manager’ in Southeast Asia and the ‘regional conductor’ of the Asia-Pacific order. It develops an English School-inspired role negotiation framework and applies it to three periods: 1954–1975 when ASEAN's ‘primary manager’ role emerged from negotiations with the USA; 1978–1991 when ASEAN's role was strengthened through negotiations with China during the Cambodian conflict; and 1991-present when ASEAN created and expanded the ‘regional conductor’ role. Negotiations during the Cold War established a division of labour where great powers provided security public goods but the great power function of diplomatic leadership was transferred to ASEAN. ASEAN's diplomatic leadership in Southeast Asia provided a foundation for creating its ‘regional conductor’ role after the Cold War. ASEAN's ability to sustain its roles depends on maintaining role bargains acceptable to the great powers, an increasingly difficult task due to great power rivalry in the South China Sea.     

South Caucasus from 1918 to 1921: history and historical parallels with the contemporary era

The republics that make up the South Caucasus today gained brief independence after the fall of the Tsarist Empire, before the integration of the region into Bolshevik Russia. This period, even though short, gives interesting historical background to understand the present. Thus, the purpose of this paper is to study the South Caucasian republics from 1918 to 1921 at the regional and international levels, paying particular attention to the historical continuities with the contemporary era (since 1991). The results of the study show three main parallels between the early twentieth century (1918–1921) and the present. First, the region is still internally divided (e.g. the unresolved conflicts). Second, externally, it is torn between sometimes opposing powers (e.g. Russia and the Western powers). Finally, third, the partnerships with international or regional powers still remain asymmetrical; consequently, the need to cooperate with Russia exceeds the aspirations of the Western powers toward the South Caucasus. Based on archival research, this study contributes to the historiography of the region and gives a framework for understanding the South Caucasus in contemporary international relations.     

Challenging the European Union: the rising powers and the USA in the Doha Round

In this article, the challenges posed to the European Union's (EU) role in trade policy and its implications for development policy during the World Trade Organization's Doha Development Agenda, also known as the Doha round, are highlighted. The authors argue that transformed power relations have created a situation characterized by role uncertainty, for the emerging powers but also for the EU. Priorities among multiple possible roles – in the existing trade regime, in relation to the global South and in the ongoing negotiations – become subject to redefinition. For the EU, heavily wedded to a multilateralist and reformist mission because of its own history, this process is particularly difficult. The EU's traditional role conceptions as a leader and a benign partner to developing countries have been challenged and partly replaced by a more realist approach.     

How representative are brics?

The five countries known as brics, while not homogeneous in interests, values, and policy preferences, do have a common interest in checking US/Western power and influence through collaboration with non-Western powers. They vary considerably but all are ahead of other developing countries on population, military power, economic weight, geopolitical clout, and global reach and engagement. They are unrepresentative of the typical developing country in terms of interest, capacity, and resources, but they can represent the interests and goals of developing countries as a group on those issues for which the North–South division is salient. The diversity within brics, their differences from other developing countries, and their potential to reflect and represent the global South are explored with respect to climate change, finance, trade, aid, human rights and intervention, and development. It remains unclear whether brics can morph from a countervailing economic grouping to a powerful political alternative.     

严格履行宪法法律赋予职权公正审理涉外海事案件

广州海事法院自成立以来,严格履行宪法法律赋予职权,维护国家司法主权与海洋权益,依法公正行使审判权,高效化解涉外纠纷,不断加强对外宣传和司法公开,对在国际社会上逐步树立中国司法的良好形象发挥了有效作用.     

中国检察制度与“权力制衡原则”的内在关联的排除之辩

对于中国检察制度与＂权力制衡原则＂的内在关联,＂撤检派＂基于检察制度与＂权力分立＂和＂权力制衡原则＂不兼容的理由而主张撤销中国检察机关的建制,而＂挺检派＂虽拒斥＂三权分立＂的理念,但同时又笃信＂以权力制约权力＂的＂权力制衡原则＂,并以此作为主张维护和完善中国检察机关的＂理论根据＂或＂原理＂。如果从另一个角度,即通过对＂三权分立＂和＂权力制衡原则＂的前世今生以及是是非非的深入考察,以及对中国政权建构的原理和制度特色的精细解读,从中国政权建构的理念和政制上排除了中国检察制度与＂权力制衡原则＂的内在关联,则认为应当另辟蹊径,为中国的检察制度建构更科学的＂理论基础＂或＂原理＂。     

论上市公司独立董事的职权及其实现

独立董事的职权及其行权途径是独立董事发挥作用的基石。独立董事的职权包括一般职权和特别职权。一般职权是全体董事都享有的职权,其中,知情权与依赖权尤为重要;特别职权则是普通董事所没有的,主要包括关联交易审查权与重大事项决定权。独立董事主要通过参加董事会专门委员会和独立董事会议两种途径实现其职权。     

“记者比法官有用”现象之我见

“记者比法官有用─天下没有新闻媒介断不了的官司。”这种现象已对法官的威信、法律的威严造成了较大的负面影响。本文针对这种现象形成的原因及其利弊效果作了较为全面深入的分析,并力图端正认识,正确地估计评价新闻舆论监督的作用。     

The five shades of grey: party systems and authoritarian institutions in post-Soviet Central Asian states

ABSTRACT

This article overviews and seeks to explain the processes of party system formation in the post-Soviet Central Asian states (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan) by focusing on a crucial party-system property, fragmentation. The analysis reveals that to a much greater extent than in democracies, where party systems are largely shaped by societal factors, the level of party system fragmentation in autocracies is determined by the scope of presidential powers, as entrenched in the formal institutional order and reflected in the national constitution. The level of authoritarianism is largely inconsequential for party system fragmentation, while the role of electoral rules is secondary. Institutionally weak and institutionally strong autocratic presidents have a preference for fragmented party systems, while presidents with an intermediate range of powers seek and obtain low levels of party system fragmentation.     

行政权的法律导控

分析了中国传统德治主义的价值和缺陷,提出了作为行政法理论基础的法律导控论。