大国博弈、双层均势的亚洲时刻--俄罗斯智库对中美经贸摩擦的认知与政策立场

俄罗斯智库对中美经贸摩擦有着独特的认知和期待,并与克里姆林宫的官方立场互为表里。总体上,俄方智库的观点是,在经贸摩擦的背后,是中美两国对军事、政治、科技、地区和全球领导权的竞争;两国的国内议程和对外政策,将因此受到深远影响并产生溢出效应--在亚洲区域内形成两极结构。即使两国会因国内和国际政治因素,在经贸问题上达成妥协,但中方不会放弃获得世界科技领导者的雄心,美方也不会打消遏制中国发展动能的战略意图。俄罗斯应与中国继续保持经济与军事合作,避免与美国和西方关系的继续恶化,并在亚太地区推动"大欧亚伙伴关系"倡议。俄罗斯政策分析界基于自身利益的演绎,将中美经贸摩擦定性为大国博弈,相应的政策建议反映出俄罗斯以在全球和亚洲分别制衡美中为目标的双层均势策略。俄罗斯将在有亚洲其他国家参与的情景下扮演战略平衡手角色,借中美全面对抗之势,在中美俄三边关系之外扭转不利的外部发展环境。俄罗斯对亚太国际局势的盘活作用,将催生双边和三边竞合新模式的建立。     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

论企业数据权益的法律保护——基于数据法律性质的分析

在互联网与大数据时代,数据已经成为企业的重要资产,对企业数据权益应当进行合理保护。但对企业数据不宜进行绝对化与排他性的财产权保护,因为此种保护违背数据的基本特征——数据并不具有排他性与竞争性。保护企业数据权益应当以促进数据共享为目标,企业数据的合理保护应当有利于促进数据共享。对企业数据应当进行类型化与场景化保护。对于非公开的企业数据,应当提供商业秘密保护;对于半公开的数据库数据,应当提供类似欧盟的数据库特殊权利保护;对于公开的网络平台数据,应当采取竞争法保护,避免恶性搭便车行为。法律还应当为企业主动公开的数据提供特殊类型的保护,允许企业设置白名单与黑名单。此外,法律也应当协调保护个人数据与企业数据,在优先保护个人数据的前提下,实现个人数据隐私期待与企业数据权益的共赢。     

Past as global trade governance prelude: reconfiguring debate about reform of the multilateral trading system

This paper peers backwards into the history of the multilateral trading system and its development over the past half century as a means of considering what may lie beyond the horizon for the future of global trade governance. Its purpose is to underscore the necessity and urgency for root-and-branch reform of the multilateral trading system. It achieves this by comparing and contrasting the global trading system of 50 years ago with its modern-day equivalent and its likely future counterpart half-a-century hence. In so doing, the paper throws into sharp relief not only the inadequacies of global trade governance today but also the damaging consequences of not fundamentally reforming the system in the near future, with a particular emphasis on the past, present and future development of the world’s poorest and most marginalised countries.     

广东—东盟贸易投资存在的问题与对策研究

本文在全球金融危机的背景下,阐述了加强广东与东盟贸易、投资合作的必要性和迫切性;进而从广东经济结构调整需要的视角,分析了广东与东盟在贸易、投资合作中存在的问题及成因;并据此提出构建广东-东盟贸易投资综合平台的设想,论证构建该平台的基本条件,最后提出促进平台建设的相应政策建议.     

“We feel that our strength is on the factory floor”: Dualism,shop-floor power,and labor law reform in late apartheid South Africa

ABSTRACT

This article explores the transformation of South African labor relations during the 1980s. In 1979, prompted by new shop-floor militancy, the Wiehahn Commission recommended that black workers, previously excluded from state labor machinery, be permitted to join recognized trade unions. Most discussions of this shift in apartheid labor relations focus on the ensuing debate within the black unions, torn between preserving their independence or securing state legitimation. This article looks instead at the related debate about ‘levels of bargaining’: should emergent black unions demand to negotiate at the factory level, where they had secured shop-floor strength through organizing and democratic practice, or pursue the benefits of the corporatist bargaining structures that had long excluded them and had privileged white workers? The eventual drift towards corporatism, I argue, imprinted the character of the South African labor movement into the post-apartheid era. An understandable desire to wield influence at the level of the national political economy eroded the tradition of workers’ control, shop floor democracy, and struggle unionism that black unions had forged during the 1970s and 1980s.     

Look at Detroit: The United Auto Workers and the Battle to Organize Volkswagen in Chattanooga

ABSTRACT

On February 14, 2014, workers at Volkswagen’s new plant in Chattanooga, Tennessee, voted 712 to 626 against being represented by the United Automobile Workers of America (UAW). The result capped one of the most high-profile organizing campaigns of recent years, with most media accounts anticipating a UAW victory, especially as VW had declared that it would not oppose the union. The VW election is also now attracting scholarly interest, with accounts stressing the role of external opposition – especially from conservative politicians and lobby groups – along with the UAW’s over-reliance on partnerships with German actors. Providing a detailed analysis of the campaign, this article recognizes the importance of these factors, but also argues that an important role was played by the UAW’s strong association with the domestic automakers, and especially with Detroit, their historic base. Citing the fact that foreign automakers had expanded since the 1980s while the domestics had contracted, opponents effectively linked the UAW with economic decline. These arguments swayed many workers. Placing the VW story within the broader struggle of the UAW to organize a foreign-owned auto plant, the article also stresses structural obstacles, especially the location of Greenfield plants in areas of low union density.     

新时代“工会坚持自觉接受党的领导”再探析

党的十八大以来,习近平同志反复强调：“中国共产党的领导是中国特色社会主义最本质的特 征。”“坚持党的领导”作为习近平新时代中国特色社会主义思想的重要内容之一,有着重要指导意义,为新 时代工运事业指明了方向。工会为什么要坚持党的领导,可以从理论、历史和现实三个视角加以考察分析;工 会怎样坚持党的领导,则需要辩证地处理好坚持党对工会的领导与工会独立自主地开展工作之间的关系,处理 好工会组织“公转”与“自转”的关系。     

Revisiting Transnational European Consociationalism: The European Union a Decade After Lisbon

This article discusses the notion of consociationalism as applied to the EU and assesses whether the institutional and procedural changes introduced by the Treaty of Lisbon (ToL) and by the management of the Euro and refugee crises still warrant considering the EU as a case of consociational democracy. Our contention is that the changes introduced by the ToL bore the promise to strengthen the consociational structural traits of the Union but that the further institutional and procedural changes engendered by the management of the Euro and refugee crises have made the behavioral dimension of consociationalism all the more necessary just as the accommodating orientation of the political elites had begun to evaporate. We support this argument by looking at empirical evidence which allows us to offer a set of propositions on the effects of the recent crises on the attitudes of the European elites towards the future of EU democracy.     

Brexit: A Cliff Edge or a Small Bump in the Road?

It is becoming increasingly accepted, not least by the Prime Minister and opposition leadership, that the negotiation of a comprehensive trade relationship with the EU is necessary to prevent the UK economy falling off a ‘cliff edge’. This concern is shaping the UK's strategy towards negotiations with the EU and has provided at least part of the motivation for the UK to consider requesting a transition period to facilitate the Brexit process. But how accurate are these fears? What evidence is there for the existence of a ‘cliff edge’? How disastrous would it be for the UK to revert to trading with the EU on the same basis as most other countries in the world, namely according to World Trade Organisation rules? This article seeks to address these issues and it highlights a number of implications for policy makers which flow from understanding the available evidence a little more clearly.