试论我国体育冠名权及其法律规制

2008年北京奥运成功举办,国内体育热潮空前高涨;赛后“鸟巢”推出PPP融资模式（Private-Public Partnership）转让冠名权,学界再度关注体育冠名权之法律规制。在体育法学中,冠名权、体育冠名权是一个层级清晰的属种概念链条。而从整个法律体系或权利体系的维度来看,体育冠名权仍是一个较新型的权利。在实践中,权利定性的模糊亦成为体育产业开发和应用的瓶颈,并导致近年来我国体育市场大量冠名纠纷因缺乏充分的法律依据而无法得到有效调整。     

Beating the bounds: how does ‘open source’ become a seed commons?

In response to ongoing plant genetic enclosures, the Open Source Seed Initiative (OSSI) is creating a ‘protected commons’ for seed. It is a project, I argue, that reflects characteristics of a growing transnational commoning movement. From the Zapatistas to seed wars, such movements draw attention to commons not simply as a resource, but as a dynamic and evolving social activity: commoning. In the US, OSSI includes 38 plant breeders, 48 seed companies and 377 crop varieties. Yet challenges remain for OSSI to gain wider legitimacy for ‘freed seed’, to build trust in a moral pledge, and to establish fair guidelines for which people and which seed can participate in making the commons. Using the metaphor of ‘beating the bounds’ – a feudal practice of contesting enclosures – I ask how OSSI defends the commons in intersecting arenas. The first way is legal, as OSSI negotiates a move from contract law toward moral economy law. Next is epistemic, as an informal breeder network revitalizes farmer knowledge, while proving more structurally able and culturally equipped to lead commoning efforts. Finally, I reflect on the nature of boundary beating itself, aided by Global South movements. Seed sovereignty perspectives suggest room for a pluriverse of commons to grow.     

Regime type versus patronal politics: a comparison of “ardent democrats” in Kazakhstan and Kyrgyzstan

Kazakhstan is home to the longest serving ruler in post-Soviet Eurasia while Kyrgyzstan is among the region’s most competitive polities. Do these regime differences correspond to divergence in political attitudes, as an extensive body of literature posits? Are Kyrgyzstanis more likely to strongly support democratic ideals? Are Kazakhstanis less likely? Contrary to expectations, data reveal the two populations to be attitudinally indistinguishable when it comes to strong support for practices associated with democracy. Whatever country differences we find are minor or statistically insignificant. We explain this convergence by shifting focus away from the political features that distinguish the two nascent democracy versus consolidated authoritarianism to those that they hold in common. Notwithstanding major constitutional reform in Kyrgyzstan in 2010, politics there, as in Kazakhstan, remains fundamentally patronal, or patronage- based. Mass attitudes, we argue, align in many ways with the countries’ shared patronal politics, rather than with their contrasting regime types.     

Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence From Victims’ Experience With Registration of Property Crimes in India

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.     

Stealing into the wild: conservation science,plant breeding and the makings of new seed enclosures

Faced with pressing climatic changes, scientific and industrial interests are vying to develop crops that can survive drought, floods and shifting pest regimes. Increasingly, they look for solutions in an unlikely place: the gene pools of wild plants. Crop wild relatives (CWR) – species closely related to crops, including their ancestors – offer breeders the allure of retracing the domestication bottleneck, infusing genomes of modern crops with ‘lost’ genetic variety. Yet wild relatives also confront threats from climate change, urbanization and expansion of industrial agri-food. Thus, CWR, seen as both salvational and threatened, have become an international conservation and food-security priority. It is my contention that, in their common project to harness wild-relative potential, conservation and breeding science are co-evolving to extend seed commodity relations into new spheres. I examine enclosures along two fronts: first within ‘systematic CWR conservation’, where ‘in situ’ approaches, typically regarded as empowering and sustainable alternatives to ‘ex situ’, instead may support a complementary system of value extraction; second, in breeding and biotechnology research, which produces new value for CWR while profoundly shaping upstream conservation priorities. An important finding is that although today’s ‘ex situ-centric’ complementarity favors dispossession, an ‘in situ-centric’ approach could foster democratic renewal of biocultural diversity.     

State–peasant movement relations and the politics of food sovereignty in Mexico and Ecuador

This contribution argues that the articulation between the state and peasant organizations’ internal structures – the class characteristics of their mass bases, their leaderships and the modes of interaction between the two – is critical for determining the nature of contemporary struggles guided by the discourse of food sovereignty. It will show that that counter-hegemonic demands are not synonymous with counter-hegemonic practice; rather than struggling to replace the neoliberal food regime, many peasant organizations employ the food sovereignty discourse as a political tool in their negotiations with the state in order to access resources from within the prevailing neoliberal model, not to transform it.     

Measuring subnational democracy: toward improved regime typologies and theories of regime change

Social scientists have been limited in their work by the paucity of global time series data about subnational institutions and practices. Such data could help scholars refine regime typologies, improve theories of democratization and regime change, better understand subnational democracy, and illuminate issues of development, conflict, and governance. This article addresses the lack of data by introducing 22 subnational measures from a new dataset, Varieties of Democracy. Validity tests demonstrate that the measures’ strengths outweigh their weaknesses. The measures excel in covering all subnational levels for most countries, capturing different elements of subnational elections, and including a variety of dimensions of elections and civil liberties. The measures also offer unmatched global and temporal coverage. The article demonstrates how these strengths can provide scholars with the benefits described above.     

Weak states and uneven pluralism: lessons from Mali and Kyrgyzstan

We argue that certain important democratic practices and elements of pluralism are lasting features of political systems in many poor countries. Because of state weakness, such arrangements work to the benefit of both elites and citizens. The broader citizenry and civil society enjoy significant political freedoms and greater access to foreign aid. Elites tolerate these limited civil liberties and regular elections because they produce few costly consequences due to state incapacity. We evaluate this theory of ‘uneven pluralism’ in poor countries using evidence from a paired comparison of Mali and Kyrgyzstan. These two countries have experienced significant political turbulence, but on balance have shown a persistent and robust commitment to a free press, transparent elections, and respect for freedom of association. Our theory suggests that uneven pluralism is likely to continue in countries like Mali and Kyrgyzstan, even as significant limits on judicial independence, persistent corruption, and lack of government transparency make democratic consolidation unlikely.     

Autocratic legitimation in Iran: Ali Khamenei’s discourse on regime “insiders” and “outsiders”

The article analyses Ali Khamenei’s discourse on insiders and outsiders in the Islamic Republic of Iran, arguing that it shows the leader of an electoral revolutionary regime striving to counter elite fragmentation and growing democratic demands. It studies identity demarcation as a tool of autocratic legitimation. In a political system where the possibility to access political positions depends on supporting a belief-system, all cadres share a basic identity, which rulers can exploit to draw boundaries between “us” and “them”. The analysis reveals how Iran’s leader capitalizes on the existence of an insider-outsider divide to promote ideas about an imagined “we” of the regime. The “we” is portrayed as an Islamic we, fully committed to his rule. The article maintains that Khamenei developed this discourse in response to the challenge of the Iranian reform movement. It analyses, first, the context in which the discourse emerged and, second, the discursive strategy itself, to substantiate the claim. It concludes that the discourse had two essential aims in the containment (1997–2003) and crushing (2009–2010) of the pro-democracy reformist and Green movements: to de-legitimate Khamenei’s opponents through othering and to legitimate the counter-mobilization of repressive agents.     

“It Was Like I Lost Everything”: The Harmful Impacts of Homeless-Targeted Policies

In response to housing crises across the country, many localities are implementing homeless-targeted policies that attempt to regulate public space by prohibiting sitting, lying, sleeping, and storing property in public places such as parks and sidewalks. We term these sociospatial control policies. Our research investigates the direct impacts of such policies in the city of Honolulu, which had become notorious for legal measures targeting homeless residents. We interviewed members of 70 households living in temporary shelters in public spaces, all of whom had experienced enforcement of city ordinances, such as receiving citations or being forcibly moved by city agents. Our data revealed three interconnected ways that enforcements of sit–lie and nuisance policies harmed homeless households. (a) Our respondents described feeling dehumanized and treated unfairly by city agents. We therefore argue that enforcement catalyzed both civic and social exclusion. (b) Second, the city’s confiscation of property spurred material hardship and posed obstacles to work, education, and access to services. And, finally, (c) respondents’ narratives revealed that enforcements provoked lasting worry, fear, anxiety, and despair.