国有投资公司治理结构的特点研究

国有投资公司的治理结构,不仅仅包括法人治理结构,而且还包括所有者治理结构等内容;国有投资公司虽然与其他国有企业相比有其特殊性,但它又有着其他国有公司企业相同的改革任务;国有投资公司是国有资产管理体制改革中的产物,它的形成在很大程度上是为了解决国有资产管理体制中的问题,同具有不同于其他企业的某种改革性功能.国有产权的委托代理制应该建立在市场经济基础上,不要用党组织的组织法及政府的行政方法构建国有产权委托代理制.     

Public Sector Participation and Compliance across National and Global Transparency Regimes

Transparency has recently become a widely supported norm of information regulation within and among states. Transparency may be a widely accepted element of good governance, but it has a number of dimensions and manifestations. This article is among the first to examine the relationship between public sector transparency at the domestic and global levels. While the extant literature suggests that we should expect a strong relationship between the degree of a jurisdiction’s domestic and global commitments to public sector transparency, our sample of the 33 jurisdictions for which data are available finds no such correlation. The article develops an explanation of this unexpected finding, which highlights the varied incentives to implement transparency-promoting reforms that different jurisdictions experience. This analysis suggests that many developing countries engage in marginal participation across regimes. More concerning are possible cases of mock compliance where states participate in transparency regimes without the intention of fully implementing their commitments. Mock compliance is of particular concern in the sphere of global governance in which sovereignty is contested and compliance mechanisms face unique challenges.     

Regulation of armed conflict: critical comparativism

Abstract

This paper calls for comparative analysis of international humanitarian law and Islamic laws regulating armed conflict by focusing on the underlying assumptions and interests informing both systems (rather than on rule-based comparison). It argues that examination of the biases inherent to each legal system can potentially inform scholars to understand better the paradigms shaping each of them. In doing so, the paper builds on contextual and critical interpretations of both fields of law to assert the need for ‘critical comparativism’ rather than functionalist comparativism. Unlike functionalist comparativism, which treats international law as the ‘objective’ benchmark against which other legal traditions are measured, ‘critical comparativism’ treats the two legal systems examined as alternative manifestations of power structures which, when contrasted against each other, help shed more light on the inherent bias in each legal system.     

Can the global South take over the baton? What cosmopolitanism in ‘unlikely’ places means for future world order

As the West’s centrality fades, the global South may have a decisive influence in shaping future world order. Will that future see a retreat from globalisation to hard-edged particularisms? Or will the emerging post-Westphalian global society let the global South take over the baton of cosmopolitan institution building in its own way? This article draws on a multi-country survey of educated youth to find promising signs of imagined common ground with other countries. It suggests the flavours of cosmopolitan integration that the global South is likely to support in coming decades.     

Balance Between Local Economic Development and Environmental Sustainability: A Multi-level Governance Perspective

This study seeks to explain why U.S. local governments utilize environmental sustainability to promote economic development. Economic development and environmental protection need not be competing objectives, but rather, environmental protection can enhance local economic competitiveness. Using data from the ICMA Economic Development Survey, this study tests an empirical model that includes state sustainability initiatives, participation in climate protection networks, and political attitudes toward economic development as predictors of local policy decisions. The findings reinforce a multi-level governance perspective on explaining the balance cities seek to achieve between environmental protection and economic growth.     

Urban Regeneration Policy from the Integrated Urban Development Model in the European Union: an Analytical Approach Based on the Study of Spanish Cities

For several years, local governments have been tackling new challenges related to the regeneration of their cities within the physical sphere, as well as in their economic and social aspects. This task is developed in accordance with what has been called the Integrated Urban Development Model, understanding the integrated nature of this approach not only in terms of the spheres of public policy involved, but also in relation to their management. In this paper, this management is analysed in terms of the development of mechanisms for New Local Governance and New Public Management (NPM). Using Spanish municipalities as a case study, this paper develops an analytical tool for the analysis of this model of urban intervention within the European context, paying close attention to the development of mechanisms for New Local Governance from a multilevel perspective, as well as the development of mechanisms for NPM.     

Post-Arab Spring: changes and challenges

This paper advances the proposition that post-Arab Spring politics are a product of globalisation’s economic and social liberalisation. The global market and privatisation have fundamentally deconstructed centralised autocratic rule over state and society, while facilitating corruption and selective development, culminating in public outrage. The political order of the Middle East and North Africa since the Arab Spring synthesises globalisation’s dialectic duality, in which economic integration has contributed to the demise of national authoritarianism, inciting communalism and political fragmentation. This paper analyses emerging political trends and challenges based on a comparative analysis of Egypt and Tunisia.     

The emergence of regulatory regionalism: transnational networks and the diffusion of regulatory agencies within regions

The regulatory regionalism approach has increasingly claimed that a new mode of regional governance is emerging globally. Regional policy regimes, developed in broad social and economic territorial areas, affect the internal transformation of the state. The authors plan to provide comprehensive empirical evidence about the emergence of worldwide regulatory regionalism by identifying how regulatory agencies have diffused very successfully within the regional level in recent decades. The paper aims to identify, using an original methodological design, the ways in which such diffusion of agencies occurred, as this may have theoretical relevance for the study of regulatory regionalism. The authors' hypothesis suggests that transnational political interactions in each regional cluster triggered agency diffusion, contributing to the development of the regulatory state within the countries of each region. To test this hypothesis, the authors employed a data set of regulatory agencies including the OECD (Organisation for Economic Co-operation and Development), and most Asian and Latin American countries (+59) from 1950 to 2007, for 15 sectors related to finance, risks, utility and competition. Bayesian data analysis was used to estimate the parameters of interest.     

Paving the way for farm animal welfare in international relations: an EU–Brazil case study

As a sensitive area in international trade, animal welfare measures have encountered resistance in negotiations at the World Trade Organization (WTO). Consequently, alternative avenues have been pursued to reach international trade policy convergence. To further understand the contemporary trade politics of animal welfare, an empirical investigation was conducted on the interplay between European and Brazilian actors in the context of livestock production. By drawing upon diplomatic studies and the global governance literature, this study identifies and analyses initiatives that parallel the WTO approach and through which the development and implementation of mutually acceptable farm animal welfare measures have been pursued. Research findings indicate that a constellation of international non-diplomatic actors are currently engaged in influencing the future development of farm animal welfare measures. Among the initiatives that enable the alignment of European and Brazilian animal welfare policies and practices, there are soft instruments such as knowledge sharing and private standards. The rise of new actors and the use of soft instruments have been, to a certain extent, able to mitigate the tardiness of a WTO consensus regarding the use of animal welfare measures. However, there are concerns that the use of private standards has become a shortcut to circumvent the rigours of the multilateral trading system. This concern deserves a closer look because instead of paving the way, private standards may hamper trade relations which in turn hamper progress in animal welfare matters.     

司法解释场域的“央地矛盾”及其纾解——以“地方释法”为中心的分析

在以统一法制为目标的法律解释体制下,最高司法机关供给的司法解释资源无法满足地方司法机关的释法需求,构成了司法解释场域的“央地矛盾”.为了缓解供需矛盾,地方司法机关开始自发转向“地方释法”,试图以发布地方释法文件的方式实现司法治理效果.中央虽对“地方释法”持禁止态度,但制定的相关规制规范却过于宽松,未能起到应有的限制作用...