分歧与和谐:析WTO争端解决机制的法律适用

关于WTO争端解决机制的法律适用问题,目前学术界存在“并入说”与“自足说”之争。两种学说分歧实质在于WTO法的属性是开放性还是自足性。从WTO争端解决机制发展而言,似应取两种学说之长,这一方面可以使DSB有效解决成员方之间的贸易争端;另一方面可以使DSB的裁决报告受到WTO成员方更广泛的接受,从而使WTO法随着时代的发展而与时俱进。     

The 2016 Austrian Presidential Election: A Tale of Three Divides

The 2016 Austrian presidential election was remarkably different than the previous ones in the history of the country characterized by its stable political system. Not only did it open the role of president in Austria to debate, but it also sidelined the two political parties that had dominated Austrian politics since World War II. Alexander Van der Bellen won the election with one of the closest margins in recent history. This article argues that the election divided the country in more than one way. Besides the near 50–50 divide between the candidates, the results show that it generated important dynamics in territorial politics as well, notably in the states and cities of Austria. These results point towards a party system transformation in Austrian politics.     

Supervision Intensity and Parole Outcomes: A Competing Risks Approach to Criminal and Technical Parole Violations

Recent scholarship about parole supervision indicates that higher supervision intensity is associated with an increased risk of parole violations. However, parole violations can take many forms—some minor and some serious—and theory suggests that supervision intensity might have differential effects depending upon the type of violation. We use “competing risks” survival models to identify supervision effects on five types of parole violations among 79,082 individuals released from prison in California: absconding, technical violations, drug use, violent offenses, and sexual offenses. We find that supervision effects are strongest for absconding violations. Past sexual offending also triggers significant supervision effects for technical violations, drug use violations, and violent violations. We conclude that parole violation patterns are influenced by parolee behaviors, the amount of attention the state is paying to those behaviors, and official markers of criminal dangerousness that are attached to particular parolees.     

Infiltration and the making of Israel's emotional regime in the state's early years

After the 1948 war, the cease-fire lines between Israel and its neighbours remained porous. Palestinian refugees crossed the borders. Some returned to cultivate their fields; others crossed the border as thieves. Some intended to murder Israelis and wreak terror. Most of the refugees who made their way into Israel were not violent, but their presence frightened Jewish civilians living in frontier regions. Policy-makers and cultural agents of the social elite mobilized to mould the threatened population into Israelis who could display fortitude. The article analyzes the emotional regime the Israeli state sought to inculcate and the desirable and undesirable outcomes of this policy.     

Post-Cold War Vietnam: stay low,learn, adapt and try to have fun – but what about the party?†

The paper compares political ideas and acts in the Soviet Union under Gorbachev and in Communist Vietnam. It argues that the Gorbachev group, committed to progressive change, concluded that power granted to them by their position in the Soviet system needed to be eliminated, creating a ‘boot strap’ problem. To secure progressive change they had first to destroy their own power base. By contrast, the ruling Vietnamese Communist Party (VCP) attempted, in the two decades after the emergence of a market economy in 1989–1991, to rule an increasingly open society through Soviet political institutions. By the late ‘noughties’ Vietnam faced a crisis of domestic sovereignty, with politics largely a matter of spoils, with policy largely irrelevant and unimplementable, and usually blocked by powerful interests. The paper argues that Hinsley's notion of the sovereignty issue makes this situation far easier to analyse. It argues that the Gorbachev group's analysis would have led to them predicting that the VCP's attempt to use Soviet institutions to rule over a globalising and increasingly open society with a market economy would lead to a crisis of political authority, and that they would have been correct. This leads to the counter-intuitive position that the Communist Party of the Soviet Union was a success ? in that it managed to solve a serious political problem, i.e. how to create the preconditions for a political system suited to a market economy in a relatively open society – and the VCP a failure.     

Centring development: Education centres supporting rural development

Abstract

Since the 1950s various paradigms of development have aimed to improve living conditions in the developing world (Africa, Asia and Latin America). Globalisation has increased the gap between information and technology haves and have-nots, and development practice (born out of the paradigms developed over the past fifty years) now seeks to address issues such as access to information communication technology (ICT) and the need for developing countries to participate in the global economy. This article examines the first year of the joint venture between the Media in Education Trust (MiET) and the KwaZulu-Natal Department of Education (KZNDE) to develop Education Centres Supporting Rural Development in KwaZulu-Natal, and how these centres address a crucial aspect of development – the question of access.     

Parties,the state and society in Greece: Continuity within change

The new Greek party system which emerged after the restoration of democracy in 1974 is characterised by a combination of features indicative of both continuity and change in comparison with the party system that existed before the military coup of 1967. This article concludes that in the present phase the contribution of parties to institutional consolidation and the stability of party identification, though not negligible, remains uncertain. It is likely to be influenced by variables both internal and external to the political system, relating to party interaction and to the relationship of parties with state and society.     

Political context,policy networks and policy change: the complexity of transition in Hong Kong

Abstract

Central to the debates on the transition of Hong Kong to Chinese sovereignty is how this process has affected change in the policy process and policy outputs. Many see policy change as a result of the evolving political environment in Hong Kong following the political transition. This article, however, adopts the notion of policy networks and argues that the analysis of policy change cannot be reduced to a simple contextual stimulus – the policy alteration model. A case study – ‘the development of civic education’ – demonstrates the importance of policy networks, as a particular structure of government and group relations in decision making, in explaining the course of policy change. It is apparent that the relationship between regime change and political liberalization, on the one hand, and established networks, on the other, tends to be complex and dialectical in Hong Kong. Despite the importance of sovereignty transition and political restructuring, the effect of contextual factors on public policy greatly depends on the nature of the network involved.     

Unveiling Nepal's Civil Society

The main purpose of this paper is to provide information about Nepal's civil society as far as possible, as the same has become much contested in recent years. The article looks into the different traditions (from traditional to post-modern) of civil society in Nepal as an endeavour to take stock of where it stands vis-à-vis with various factors in the context of economy, polity, and society. The paper argues that, although Nepal has a very long tradition of civil society, the extant one is highly politicized. Part of the problem with politicization lies with perpetual political instability and part with the way civil society has come to be understood. In the context of Nepal, there are yet no clear tools developed to map the civil society. It concludes that one cannot have water-tight compartmentalization of civil society and other societies as they are interdependent, but when civil society groups lose the civility factor, they are bound to face legitimacy questions—which perhaps is the case in Nepal.