跨国性环境侵权中惩罚性赔偿的合理性探讨

在跨国性环境污染事故频发的今天,仅简单适用传统民法的同质赔偿原则已经无法对跨国性环境侵权的受害人进行充分而有效的救济.而惩罚性赔偿因其兼具补偿、惩罚、遏制和预防功能,使其在跨国性环境侵权中弥补了同质赔偿原则的局限性,能更好地实现对受害人的司法救济和对加害人的惩戒.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

The European public sphere and the debate about humanitarian military interventions

Studies on the democratic control and legitimacy of Common Security and Defence Policy (CSDP) have thus far mostly focused on formal institutions. However, a comprehensive analysis requires including the ‘sociocultural infrastructure’ in which such formal institutions are embedded. Students of democracy have argued that the public sphere is a crucial dimension, if not a precondition for all mechanisms of democratic control in general. This paper investigates whether and in which ways Europeans participated in transnational European communication on humanitarian military interventions (1990–2005/2006). The paper analyzes a full sample of 108,677 newspaper articles published in leading newspapers of six EU member states, and the US as a comparative case. It demonstrates that the ‘national’ arenas of political communication are intertwined and allow ordinary citizens to make up their minds about common European issues in the highly controversial and normatively sensitive realm of humanitarian military interventions.     

欧盟跨国拐卖人口犯罪管控研究

跨国拐卖人口犯罪是当今世界共同面临的重大犯罪问题,已成为全球第三大非法获利来源,被国际刑警组织称为“世界上增长最快的犯罪”。欧洲,长期以来已经成为世界人口贩卖的最大目的地。跨国拐卖人口这种21世纪的奴役形式严重损害了受害人的身心健康和人格尊严,严重地干扰了国际社会的正常社会秩序。上世纪八十年代末,跨国拐卖人口对国际组织和各国政府尚属边缘问题时,欧盟就开始对其进行研究,并积极考虑遏制对策、开展具体实践。几十年来,打击跨国拐卖人口犯罪已成为欧盟人权战略的一个重要特征。欧盟致力于在国内和世界各地使用“3P”做法来打击跨国拐卖人口犯罪：起诉贩运者,保护受害者以及预防未来犯罪。在打击、预防跨国拐卖人口犯罪过程中务实高效,立法和机制建设也比较成熟。近些年来,我国急剧上升的拐卖人口犯罪出现了一些新的特点。欧盟的做法为我国有效预防、依法打击拐卖人口犯罪,积极救助、妥善安置被拐卖受害人提供了样板和借鉴。     

Comparative Policy Analysis: Déjà vu All Over Again?

During the 1970s and early 1980s, many policy analysts were engaged in comparative policy analysis. For a variety of reasons, the most important of which being a general neglect of the particular policy contexts, the use of comparative policy analysis fell largely into disuse. There are now a number of emerging reasons why a renaissance in comparative policy analysis seems much more propitious: a growing number of transnational policy issues; advances in communication technologies, such that physical distances have been virtually eliminated; and new conceptual bases. All of these combine to produce a new demand for comparative policy studies.     

The five capabilities of socially responsible companies

This paper develops and tests a model that integrates processes of public affairs management with stakeholder engagement and dialogue, business ethics and social reporting to explain social responsibility capabilities in organisations. The model, called Corporate Social Responsibility Management Capacity, describes social responsiveness as arising from a firm's social responsibility orientation and its public relations orientation. The paper shows how the model can be used by managers to measure, manage and improve their company's ability to be socially responsible. Copyright © 2004 Henry Stewart Publications     

Transnational white-collar crime and risk

Research Summary Business transactions have increasingly been crossing national borders, thereby presenting greater opportunities for white-collar crime and for the externalization of risk. The global economic crisis, resulting in part from the subprime mortgage scandal, is a prime example of this potential. To develop theoretical perspectives and practical interventions to prevent and respond to the global financial crisis, we consider similar issues of risk and white-collar crime associated with global transactions in electronic waste (E-waste). Policy Implications Smart (or responsive) regulation is a promising approach for addressing both E-waste and the current economic crisis. This response includes crime prevention, third-party- and self-regulation, and the threat of strong state intervention. Future research should explore the extent to which smart regulation reduces specific forms of white-collar crime and risk, as well as whether these interventions generalize to other transnational problems.     

关于中朝产业开发与合作问题的几点思考

在中朝各自实施新的发展战略背景下,两国的经贸关系将随着2011年6月经济区合作部分项目的启动而进入一个新的发展阶段。产业合作将有望逐步成为双方经贸关系发展的主要方向,其中物流、基础设施、资源、能源、制造业、科技、旅游观光、农业和渔业等产业有望成为合作的主要内容。与此同时,中朝经贸合作现状及现实基础条件使得这种合作更有利于首先在双方的边境地区展开,并逐步加以推进,物流领域的合作有望起到突破口的作用。     

浙南跨国移民潮的历史变迁

浙南跨国移民活动有着悠久的历史，其移民潮的兴衰变迁在中国华侨华人史中具有典型的代表意义。本文侧重于梳理历史上及当代浙南跨国移民潮的历史变迁，分析各阶段移民潮的成因及特点，在此基础上进一步分析当代浙南新移民潮的成因及其发展趋势，以期对中国华侨华人史研究、区域史研究以及当代侨务工作有所裨益。     

Post-Hegemonic Climate Politics?

The article argues that the effects of a new US president on global climate politics will be rather less than might be expected. This is partly because the rhetorical differences between Bush, his predecessor Clinton and President Obama mask great continuities in US climate change politics since the early 1990s. It is also because, unlike in other issue areas, the EU has moved into a position of clear international leadership, which is likely to provoke diplomatic conflict, both for standard reasons of realpolitik but more precisely because of the different growth strategies pursued by each side and the different implications of those strategies for climate policy. Finally, the emergence of a dense pattern of transnational climate governance will increasingly constrain the options for either side in pursuing new climate change agreements after 2012.