我国跨境职务罪案协查机制的发展与完善

职务犯罪向境外发展是新时期廉政建设遇到的一个棘手问题。内地与港澳之间在控制此类犯罪的司法实践中已建立起个案协查机制,并根据情况变化不断进行自我完善。为适应港澳回归和“入世”的需要,法域间应当进一步扩大合作范围,提高合作档次,加大追逃追赃力度,制订协助法律规范,以健全有利于经济发展和社会稳定的法制环境。     

国际经济法教科书体系的反思与重构——一种“跨国经济公法”的思路

传统的基于大国际经济法而定位的主流国际经济法教科书体系存在着公私不分、条块分割和内容杂乱的弊端和问题。为此,有必要反思传统大国际经济法教育模式尤其是大国际经济法教科书体系,进而结合国际经济法的制度实践,融会国际经济法的学术理论,借鉴美国国际经济法教科书体系,确立国际经济的“公法”定位,适当分离国际商事交易法和国际经济规制法,打破传统国际经济法教科书模式,阐释跨国经济公法的“公法原理”,贯通国际经济法的“问题”流程,构建权威的“跨国经济公法”教科书“体系”。     

适用不方便法院原则与国民待遇原则的冲突与协调——以跨国知识产权诉讼为视角

跨国知识产权诉讼是当今各国对知识产权进行国际保护的主要途径.如何在知识产权保护的国际诉讼中遵循国民待遇原则,是知识产权国际保护的关键.由于跨国知识产权诉讼的复杂性、新颖性以及相关立法的滞后,造成了法院在审理相关案件时为片面追求司法任务的简单化,往往会拒绝外国原告的诉讼.不方便法院原则就成为拒绝当事人诉讼的最好理由,其中美国的做法最具有代表性.这与TRIPS协议等保护知识产权国际条约所确立的国民待遇原则相冲突.为给予国际知识产权流动以更多的保护与协调,各国应完善跨国知识产权管辖权体系,确立严格的适用不方便法院原则的标准.     

Assessing Kaliningrad's Geostrategic Role: The Russian Periphery and A Baltic Concern

Recent developments in post-communist Europe and Latvia in particular have raised questions about political stability in new democracies there. This article argues for taking a long-term perspective on this problem in place of short-term judgments. In doing so, it makes special reference to the EU's political conditionality and its impacts on Latvia and then applies comparative lessons on democratic consolidation based on the concept of ‘partial regimes’. It becomes clear in this analysis that the consolidation process in Latvia has advanced over the past decade and more and, in this respect, the EU did have an important, though limited and rather specific, impact. Yet this process is still incomplete, with historical legacies being a major factor. The ethnic divide has also remained largely unresolved, party development problems have persisted and the public is still unconvinced by the actual democracy they see before them and is alienated by political elite behavior in particular. Hence, Latvia does not have a defective democracy as such, but further change is necessary before democratic consolidation may be achieved there.     

Putting security governance to the test: conceptual,empirical, and normative challenges

Security governance has featured prominently in recent debates about fragmentation, informalization, and privatization in the increasingly diverse field of security policy. It has inspired much valuable research. Yet, there are not just very different conceptual understandings of security governance; there is also a lack of clarity regarding its empirical manifestations and normative connotations. After a decade of research, the special issue therefore puts security governance to the test and scrutinizes its analytical and political pitfalls and potentials. This editorial briefly reviews the rise of security governance, identifies central conceptual, empirical, and normative challenges that need to be addressed, and introduces the individual contributions to this special issue.     

Outbound Chinese Capital Spurs European Economy

正THE European Union’s advanced technology,skilled labor force,transparent legal environment,and relatively easy market access make it the preferred investment destination for Chinese investors.European countries,meanwhile,welcome investment from Chinese enterprises,because it promotes economic recovery     

论我国企业重组税收法律制度的改革与完善——韩国的法律实践及其借鉴

低税率和少管制是吸引国际投资者的重要因素。经过两次金融危机,韩国政府对企业重组税制进行了重大修改,降低了税率,减少了管制,从而提升了韩国企业的国际竞争力。我国企业重组税制存在缺陷,为应对金融危机、提高企业竞争力、引进外资等,我国应放宽跨国性企业重组、完善企业重组中的反避税政策、整合相关法律规定,简化和优化税制等。     

The limits of agency: Emily Hobhouse’s international activism and the politics of suffering

Abstract

This article pieces together the activism of the British welfare worker and feminist-pacifist Emily Hobhouse (1860–1926) during two largely unrecorded episodes of transnational activism: firstly, her ministry of Cornish miners in Virginia, Minnesota, in the United States; and secondly, her interventions during the period of reconstruction following the South African War (1899–1902). The article endeavors to contextualize Hobhouse’s activism and offer a broader understanding of the limitations and restraints on her actions. Ultimately, her activism required a platform that was in the gift of political actors and establishment figures, and dependent on fluctuations within specific political and bureaucratic situations. Based on close inspection of undocumented material in both South African and British archives, the article investigates Hobhouse’s repertoire of missionary and philanthropic roles within a wider context of humanitarian politics. It demonstrates how women’s activism and their behind-the-scenes politicking informed political decision-making in modern imperial and international affairs.     

Against All Odds? Russia’s Financial Crisis and Global Geopolitics

Over the past 15 years, Russia’s model of political-economy has evolved around three main channels of global economic integration: 1) export of natural resources and a national system of redistribution of export revenues; 2) financialisation, acting as a boost for domestic consumption/demand; and 3) the offshore integration of Russian capital into global capital markets. The current crisis is affecting all three channels of Russia’s global political economy. Together, reduced export revenues, the deepening financial crisis and the dominance of offshore-sourced investments into Russia, serve as crisis transmission mechanisms, and thus constitute three sets of (inter-related) dilemmas for the Russian authorities. Four scenarios of possible development of the current situation are provided.     

Reconfiguring citizenship and nationality: dual citizenship of Taiwanese migrants in China

Many researchers have redefined citizenship to better understand the membership status aspired and demanded by contemporary migrants. As a result, the concept of ‘membership’ as opposed to citizenship was proposed in delineating the decoupling between citizenship and nationality; immigrant demands for rights and state policies in response can thereby be interpreted without considering the political meanings of citizenship. However, the decoupling of citizenship and national identity can be challenged when it comes to dual citizenship, especially when the homeland and host states are engaged in political tensions. This article examines the shifting policies of China (the People's Republic of China, or PRC) and Taiwan (the Republic of China, or ROC) towards the citizenship conferred to Taiwanese migrants in China. The findings of this research suggest that political dimension (including political rights and obligations) should be regarded as an integral part of citizenship (i.e. national membership) especially in the rival-state context. The Taiwan–China case can contribute to our understanding of citizenship policy changes under the double pressure of inter-state rivalry and globalization. The globalizing forces help create conditions for ‘flexible citizenship’ in the ‘zones of hypergrowth’, while in the case of Taiwan–China inter-state competition draws governments and people back to zones of loyalty, the nationally defined memberships.