Informal ad hoc groupings of states as alternative means of conflict resolution： The case of ＂Contact Group＂

This paper investigates the role of informal groups, such as ＂Contact Group＂, in modem-day practice of conflict prevention, mediation, and settlement. It further aims to examine the legal status of this ad hoc grouping of states under international law, analyzing the Contact Group＇s involvement and operation in cases of Namibia （formerly South West Africa）, Bosnia and Herzegovina, and Kosovo. This empirical survey is instrumental to delimit and define the relationship that is created between formal and informal processes and institutions at the planetary level, as a result of the emergence and proliferation of informal ad hoc groupings of states. The bases of authority, political effectiveness, and the place and position of the Contact Group within the existing UN system of collective security are used to understand the rationale behind the formation and existence, as well as contribution and utility of such informal structures.     

Intuition or Counterintuition? The Science behind the Art of Negotiation

This article celebrates the achievements made by the community of negotiation researchers. Looking back on what has been accomplished, the article addresses three questions: How have we thought about negotiation? How have we studied it? And what have we discovered through conducting research? Of particular interest are counterintuitive findings about processes at the negotiating table, around the table, and away from the table. Building on these contributions, the article looks forward by asking: What are some avenues for further research? The article concludes optimistically by noting that there will be even more to celebrate at the journal's fiftieth anniversary.     

居住权若干问题研究

在物权法制定过程中,对于应否确立居住权制度一直都有争议。居住权是房屋这一财产在财产体系中的地位提高的必要反映,有利于房屋效用的发挥,它是发挥我国家庭职能的要求,有利于房屋利用的利益平衡。在我国设立居住权是必要的、合理的。     

中国-东盟自由贸易区争端解决机制之探讨--以比较研究为视角

建立行之有效的争端解决机制是区域经济组织有效运作的保证.本文通过对欧盟、北美自由贸易区、东盟自由贸易区三大区域性经济组织各具代表性的争端解决模式与中国-东盟自由贸易区的争端解决机制进行比较研究,探讨中国-东盟自由贸易区争端解决机制的性质、特点.     

股东大会决议的无效与撤销--基于德国股份法的研究

股东大会决议可能存在着形式方面或者实质方面的瑕疵,德国法将瑕疵决议分为不生效决议、无效决议、可撤销决议、非决议四种形式,这些瑕疵决议将导致无效和可撤销的法律后果。     

Post-Soviet Society and Russia’s Macroeconomic Statistics

This article investigates the causes of the distorted macroeconomic statistics in the Russian Federation. It introduces alternative methods for the estimation of gross domestic product (GDP) growth, and the growth and amount of fixed capital stock, and estimates them by drawing on alternative data. Our estimates for the period of 1992–2015 differ substantially from those reported by the Russian Federal State Statistics Service (Rosstat). According to our estimates, GDP declined by 10.2 percent, which is in sharp contrast with the official estimate reporting growth of 13.4 percent. The same is found with regard to labor productivity, for which we find a decline of 30.1 percent instead of a growth of 9.2 percent. Accordingly, the full book value of fixed capital stock shrunk by 29.2 percent instead of the officially reported 50.9 percent growth. The drop in the residual value of fixed capital is estimated at 52.6 percent. The ratio of replacement to book value of fixed capital fluctuated between 4:1 in the middle of the period and 7:1 toward the end of the period. Additionally, we estimate the amount of investment in human and physical capital necessary for producing 3 percent annual GDP growth. Financing such investment would require a decline in personal consumption by about a factor of 2, with a greater part of it falling on the better off population strata. Finally, we make suggestions regarding income redistribution.     

The importance of teaching dispute resolution in a twenty-first-century law school

Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.     

A best practice model for e-consumer protection

This article outlines a set of criteria for assessing the value of e-consumer protection schemes. It is intended that it be used as a tool, for policy-makers, industry associations, corporations and consumer organisations in all jurisdictions, seeking to assess the appropriateness of their consumer protection regulation. It can be used to devise new, or improve existing, policies, and it can also be used to compare the usefulness of e-consumer protection in different jurisdictions. It commences with a brief review of existing frameworks for the protection of e-consumers, which demonstrates the need for a model that uncompromisingly presents the needs of consumers. An overview of the model is provided, followed by a presentation of the model's key features. A further section identifies the several ways in which the model can be applied in order to improve the usefulness of e-consumer protection. An earlier version of the model was published in checklist form (Clarke R. ‘A Major Impediment to B2C Success is … the Concept 'B2C' Invited Keynote, Proc. ICEC'06, Fredericton NB, Canada, 14–16 August 2006, at http://www.rogerclarke.com/EC/ICEC06.html#TNT). The present article revises and expands that checklist, and presents the rationale underlying each item in it.     

发展中成员利用WTO争端解决机制的困境及能力建设

WTO争端解决机制对于有效解决成员间贸易争端、促进自由贸易进程起着重大的推动作用。然而,考察各成员参与WTO争端解决机制的实践后发现,占WTO成员大多数的发展中成员充分利用该机制的寥寥无几,而阻碍发展中成员利用该机制的原因在于发展中成员缺乏相应的能力,成员国内政府与私人产业之间的联系缺乏法律保障。发展中成员利用WTO争端解决机制能力建设的有效途径,是政府在其国内为私人产业创建一种正式的行政程序申诉制度。     

完善仲裁司法监督制度的现实价值评析——以构建多元化纠纷解决机制为视角

多元化纠纷解决机制强调各种纠纷解决方式相互促进,协调发展,而仲裁作为ADR中制度化最强的方式,它与诉讼的关系成为多元化纠纷解决机制中的一大亮点。因此,理顺仲裁与司法的关系,完善仲裁司法监督制度,对构建多元化纠纷解决机制的意义重大。