东盟国家国际商事仲裁协议制度比较研究

仲裁协议是国际商事仲裁的基石。文章以国际商事仲裁的一般理论为基础,详细地比较分析了东盟主要国家有关国际商事仲裁协议的形式与内容、仲裁协议的当事人、可约定提交仲裁解决的争议事项以及仲裁协议的效力等方面的法律制度。     

AID EFFECTIVENESS AND THE PARIS DECLARATION: A MISMATCH BETWEEN OWNERSHIP AND RESULTS‐BASED MANAGEMENT?

Although recent years have witnessed substantial changes in the global aid architecture, less effort has been devoted to investigating the process of implementing those changes. By using the Swedish International Development Cooperation Agency (Sida) as an illustrative and critical case, this article shows how a donor development priority—gender—travels from Stockholm and headquarters to a Paris Declaration‐infused aid practice in three cases with different aid modalities: Tanzania, Zanzibar, and Cambodia. More specifically, the qualitative empirical investigation conducted here shows that the implementation of the new aid architecture puts severe and competing demands on development practitioners. At the core of this tension is the fact that although all donors are supposed to promote partner country ownership, harmonize their efforts with other donors, and align themselves with partner country priorities, results‐based management simultaneously implies not only a focus on continuously measuring and reporting results but also stricter prioritizations on behalf of donor governments. Copyright © 2013 John Wiley & Sons, Ltd.     

What Factors Determine the Allocation of Aid by Arab Countries and Multilateral Agencies?

This article provides a statistical analysis of the determinants of Arab aid allocation using Heckman's two-step estimator. It is found that poorer, Arab, Islamic and Sub-Saharan African countries are more likely to receive some positive amount of Arab aid (gate-keeping stage). The same is true for countries not maintaining diplomatic relations with Israel as well as those with voting patterns in the United Nations General Assembly similar to Saudi Arabia. Arab and more populous countries also receive a higher share of the total aid allocated (level stage). The same is true for Islamic countries in the case of bilateral aid and countries with voting similarity in the case of multilateral aid. Donor interest, in particular Arab solidarity, plays a clear role at both stages, whereas recipient need as measured by a country's level of income only affects the gate-keeping stage, not the level stage.     

Strengthening the Link

Abstract

Through exploration of definitional issues and current migration realities, this article discusses ways in which emphasis on the international dimensions of social work with immigrants and refugees offers opportunities to improve practice and to enhance the relevance of international social work to the profession. The international character of present day migration is illustrated through discussion of the transnational family and the economic and other relationships that tie immigrants to their countries of origin. The paper concludes with recommendations for increased cross-national professional collaboration.     

Challenges of Evaluating Democracy Assistance: Perspectives from the Donor Side

A large number of multilateral and bilateral donors have become engaged in the area of democracy and governance (DG) assistance over the last 15 years, stimulated by a series of trends and events. Despite the maturation of DG assistance as an important development area and the high profile of democracy promotion as a key foreign policy goal, research on the impact of this assistance and the effectiveness of different types of programming has been limited. Donors are constantly in need of feedback on the effectiveness and impact of their programming in order to revise programme designs, re-strategize aid portfolios, or address new DG issues. Moreover, legislatures increasingly require government aid agencies to be able to measure the results of their programmes, thereby demonstrating a ‘return on investment’ that would guide future assistance. Quality research is hampered by a daunting political, logistical, and methodological context, however. In 2005 a donor-sponsored workshop was organized to discuss challenges facing the evaluation and assessment of DG programming and assistance. The purpose of this article is to share insights from the workshop with a wider audience of scholars, practitioners and other policy-makers in the hope that this will stimulate additional research and thinking in this area.     

USAID,Population Control,and NGO-Led Democratization in Egypt: The Fate of the ICPD Programme of Action

Critics of US democracy-promotion strategies of the last 20 years ask: what kind of democracy is promoted by US public agencies and associated nongovernmental organizations (NGOs), how is it promoted, and for what purpose(s)? This paper draws on interviews with NGO, USAID, and UN representatives, gathered in Egypt in 2001, to describe the fate of Egyptian women's advocacy NGOs seeking to implement the pro-democracy platform of action of the 1994 UN International Conference on Population and Development (ICPD). It offers some support for critics' contentions both that external (here USAID) pro-democracy interventions may actually obstruct democratization, and that the instrumental nature of US democracy promotion may mean that such activities are quickly eliminated or downgraded when they conflict with more primary US policy goals.     

Internet of things – Governance quo vadis?

The Internet of Things (IoT) as an emerging global Internet-based information architecture facilitating the exchange of goods and services is gradually developing. While the technical aspects are being discussed in detail a legal framework does not exist so far. The first supranational organization trying to work out an IoT governance framework has been the European Commission by appointing a large group of experts to examine the relevant aspects of a possible IoT governance regime. In the meantime, however, the activities have been degraded. Nevertheless, even if the differences between the IoT and the Internet have been overestimated at the beginning, many elements of the IoT differ in part from the corresponding problems in the Internet. Therefore, an analysis of the major IoT governance issues (legitimacy, transparency, accountability, anticompetitive behavior) seems to be worthwhile to conduct.     

Intellectual Property Counterfeiting and Piracy – Response of Small Commonwealth Jurisdictions∗

This article provides an analysis of some recent developments relating to Constitutional law in Jamaica, including the legal issues arising from tied elections and the dual nationality of parliamentarians. It also discusses a case relating to the failure to incorporate the United Nations Convention on Transnational Organized Crime (the Palermo Convention). In this case, though the Palermo Convention contemplates investigations by agents of one country on the territory of another for certain crimes, one state party found it was unable to carry out such investigations on the territory of another. Although the latter country, a CARICOM member state, was also a party to the Convention, it had not enacted the required implementing legislation     

Finding the missing and unknown: Novel educational approaches to warming up cold cases

In recent years, students in police academies and higher education institutions around the world have worked together to analyse cold cases including long-term missing persons cases in collaboration with investigators and prosecutors. In 2020, three European organisations, the Police Expert Network on Missing Persons (PEN-MP), AMBER Alert Europe and Locate International, succeeded in connecting these educational organisations enabling them to work collectively on cases and conduct cold case analyses (CCA) across international borders. The International Cold Case Analysis Project (ICCAP) learning objectives were to 1) collect the necessary information about the victim, 2) reconstruct the crime, and 3) investigate trace control.In a learning objective-based evaluation using Computer-Assisted Web Interviewing, 76 participating students from the German and International ICCAP teams were asked to complete a pre- and post-review questionnaire to self-assess their personal competence development. Participants reported significant increases in competence in all evaluated areas, thus demonstrating that authentic and relevant collaborations can enrich the learning environment, promote the use of professional skills, and provide significant knowledge exchange opportunities between academia and industry.Drawing on case studies of cold case missing persons' investigations and unidentified found remains, this article shares how university academics, students and community volunteers can work together nationally and internationally to find out what has happened to missing people and how we can more effectively identify the previously unidentified. In so doing, we share the expertise required to progress these cold cases and provide recommendations to support other institutions and organisations in adopting this innovative approach.