Future of South Korea–Japan Relations: Decoupling or Liberal Discourse

South Korea–Japan relations are at their lowest point in decades, as colonial era disputes flare once again. Most pundits argue that the South Korean public is strongly united against Japan. We argue that South Korean elites are sharply divided over how to manage the crisis; this division is starting to impact how South Koreans understand colonial era narratives; and, long-term, bilateral relations depend on how these growing divisions play out. Despite state censorship, a rising counter-narrative in South Korea challenges the dominant, Manichaean, anti-Japanese one. For the first time, Korea and Japan have a realistic chance of reconciling based on liberal public discourse and a nuanced, empirically based understanding of history.     

Control Mechanisms: Pornography,Theatre and Subversion in Santa Fe Province during the Last Argentine Military Dictatorship

This paper examines a case of cultural repression during the last dictatorship in Argentina (1976–1983). It studies actions carried out by law enforcement officers in response to a denunciation against a group of teachers in a small town in Santa Fe that had participated in a play characterised as ‘pornographic’, and who were finally accused of left-wing propaganda and ‘subversive’ activities. This case offers an opportunity to review the relationship between immorality, pornography, communism and ‘subversion’. Since the Cold War, these issues have been used in Latin America to construct an internal enemy and create governmental mechanisms and regulations for detecting and controlling its actions, and penalising the population in general.     

Introduction: Kawabata Yasunari in the twenty-first century

Abstract: This introduction argues that there is a need to engage in a fresh re-reading of Kawabata Yasunari. It proposes several possible approaches, including using Kawabata as a model for understanding processes of literary canonization, a rethinking of his reception around the globe during the Cold War period, and a historicization of his work in relation to the various censorship regimes that existed in twentieth-century Japan. It also provides brief summaries of the articles contained in this special issue.     

知识产权许可限制反竞争审查的一般分析框架

在知识产权领域反垄断问题备受关注而法律规制制度尚处在探索之中的背景下,知识产权许可限制的反竞争审查,是目前世界各国知识产权垄断认定中面临的共同难题。我国2008年生效的《反垄断法》虽然规定知识产权许可中的排除、限制竞争行为"应受"该法规制,但同样未能提供"如何"规制的具体制度规则。以已有反垄断法的制度规则为基础,结合知识产权许可中的特殊问题,构建知识产权许可限制反竞争审查的一般分析框架,是有效解决实践中知识产权许可限制的案件纠纷,并及时推动知识产权许可限制反竞争审查走向合理与科学的重要途径。该框架由相互联系的三个方面组成:一是确立知识产权许可限制反竞争审查的"竞争损害"标准;二是界定知识产权许可限制涉及的产品市场、技术市场和创新市场;三是选择基于"区别对待"的分析工具和基于"利弊权衡"的四步检验法。     

民事上诉审查制度研究

我国民事诉讼立法对于提起上诉的条件仅规定了形式要件,缺乏实质要件的内容,这与理论上对上诉权的不适当定位关系密切。上诉权作为一项程序性权利,必然受到程序进行规律的制约,而不应当视为一项当然性权利。在此前提下,借鉴国外的上诉审查理念和制度,结合我国实际情况构建我国的上诉审查制度。     

美国的法治经验及启示

美国的稳定、发展与和谐,是一个值得研究的现象。美国经济与社会的成功,尽管是多种因素综合作用的结果,但其法律制度的有效运作却是一个起基础作用的因素。美国的社会运行启示我们:社会稳定基于法治,和谐社会就是法治社会。     

The Taming of the Internet

The Russian system of state internet censorship has been steadily expanding in recent years. The Russian government has succeeded in placing under its control both domestic and foreign internet companies operating in Russia and in establishing a system that can be used to conduct mass surveillance of internet users. However, the state censorship regime remains incomplete, as it is focused on countering small numbers of dissidents and is not designed to prevent the spread of information among thousands of users.     

Social Media and the 2014 Elections in Fiji

Abstract

After seven and half years Fiji returned to parliamentary democracy with elections on 17 September 2014. For the first time there was a ‘one’-day election, with the results confirmed a few days later. Reactions to the election results were swift, thanks to the media, particularly social media. While reactions to such events have often been sought from or dominated by political commentators and academics, a new trend emerged in post-election Fiji. Ordinary people through social media were actively participating in this process, extending conversations beyond their immediate family and community environments. Social media has been touted as a valuable tool for public participation. In Fiji the infancy of social media raises questions regarding whether it facilitates public participation and engagement, whether it has a place in Fiji’s new democracy and if it does, how it affects public discourse that, since December 2006, has been one-dimensional.