《联合国国家及其财产管辖豁免公约》与国际民商新秩序的构建

国际民商新秩序的提出对于国际私法的发展具有重大意义。国际民商新秩序要求国际民商事关系中的当事人处于平等的法律地位,如果国家在国际民商事交往中享有豁免权,则不利于国际民商新秩序的构建。关于国家豁免的范围,存在着绝对豁免主义与相对豁免主义的分歧。绝对豁免与国际民商新秩序的构建背道而驰,相对豁免与国际民商新秩序的构建相契合。《联合国国家及其财产管辖豁免公约》第一次在全球性国际公约中规定了国家及其财产管辖豁免原则,标志着限制豁免说彻底战胜了绝对豁免说,是国际民商新秩序构建进程中的里程碑。     

The 'Bad Mother' in Media and Legal Texts

Mothers who kill or injure their children highlight crucial disjunctions between the status ‘mother’ and the practices and expectations of mothering. Failures of ‘mothering’ reconstruct the meaning of the maternal, while being themselves given meaning by it. Violent mothers may be pathologised and excused, demonised and condemned, but the explanatory narratives that are used draw centrally on notions of the maternal and, more broadly, the feminine. These discourses are reproduced in legal proceedings and sentences, and in the media reports of these proceedings. This paper will analyse the construction of the bad mother in legal proceedings in one prominent recent Victorian case, and in the print media reports of this case.     

我国著作权法取消作品合法性要件探析

2010年修改后的著作权法第四条取消了原法对作品合法性要件的规定,只涉及对作者行使权力的违法规制。原法第四条虽存在立法瑕疵,但其对作品合法性要件的规定并无错误,修订中可对原法模糊之处作技术性处理而不应全盘否定。此次修法有违宪法精神和著作权法的立法宗旨,同时也造成与现行行政法规的不协调等诸多弊端。建议著作权法恢复作品合法性要件的规定,在此前提下加以修改完善。     

国资分类管理 破解监管难题

对国有资产作出科学分类,是实现党的十七大、十八大提出的完善各类国有资产管理体制的必要前提。其中,在一般分类的基础上如何择其可用、达到利于实践的效果,更值得关注和追问。科学地运用分类管理,旨在防止经营性国有资产监管的碎片化,推进国有资产监管新体制的全覆盖;推进国有经济平等参与市场竞争,提升产业集中度;进一步深入研究解决国资委管什么、如何管的问题。     

Tribal or Indigenous? The Indian Dilemma

Abstract

Current Maoist struggles, resulting from deprivation of livelihood in the Central Indian tribal belt and for autonomy in Northeast India, focus on the rights of tribes who claim to be indigenous In the Northeast the demand is to be considered the ‘original’ inhabitants of the region and, in the rest of India, it is the first inhabitants of India as a whole. Most conflicts today are around identity, central to which is indigenous status and tribal sustenance. Much resource has been alienated for ‘national development’ since independence in 1947. A national failure to recognise the importance of community-based sustenance facilitates its alienation. Intensified alienation, resulting from globalisation, causes more conflicts and greater state suppression. This article discusses the link between development and indigenous status, and implications for human rights.     

Globalisation and the state revisited: A view from provincial Vietnam

The article considers the changing nature of the state in an era of globalisation, exploring the impact on the state of changes in cross-border flows and the rise of private and transnational actors. Presenting data from two Vietnamese border provinces, the article paints a picture of a relatively powerful state, which appears to be extending its reach in some areas. Asking how we reconcile this with increased cross-border flows and the rise of private and transnational actors, the article suggests that where sub-national governments are less integrated in global financial architecture, and where domestic private capital has close relations with the state, the impact in terms of precipitating a diminution of state power is likely to be less. Equally, the article argues that there is a tendency in some of the literature to overstate the influence of foreign private capital and transnational institutions on the state in ways which seem inappropriate away from the capital city.     

Centralized planning and economic reforms in a mountainous region of Vietnam

This study contributes to an understanding of the diversity of agrarian systems in the mountainous regions of northern Vietnam. By examining over 100 small family farms, we identified the major changes in production systems that have occurred over the last 50 years. Access to land, population migration, and individual initiative were the three major factors driving household differentiation. State policies had substantial impacts on all three factors, making the State the key driving force of differentiation. After years of central planning, farmers are now free to make their own choices as they interact with their new environment: the market economy.

Effective farmers' organizations need to be established to provide farmers with the information and decision-making tools they need to adjust their production to fit the market. Somewhere between State control and total independence, community-based natural resource management schemes are needed to ensure that small family farms in the isolated mountainous areas are sustainable in the face of ineluctable macroeconomic changes.     

Pakistan: Crisis of a Frontline State

For more than 50 years, Pakistan has functioned as imperialism's “frontline state.” The military has remained the country's dominant political player and the basic precepts of bourgeois democracy remain conspicuous by their absence. Since the military coup in October 1999, the configuration of power in Pakistan has become subject to serious internal contradictions, in large part because of the “war on terror” and the loss of public prestige of the military. These contradictions have intensified in the wake of a lawyer-led street movement sparked by the military top brass' dismissal of the country's chief justice in March 2007. Since then the country's most well-known politician, Benazir Bhutto, has been assassinated and her Pakistan People's Party has swept to power in general elections held in February 2008. However, the crisis of the frontline state has not ebbed, and the oligarchic system of power remains subject to rupture.     

Following the Grain: State Formation and Trans-local Grain-trading Networks in the Philippines

With respect to the major approaches of state-society relations and Chinese business networks in Southeast Asia, two knowledge gaps are identified. First, little is known about how two sets of dualistic conceptual entities may be connected in the often-contentious state formation process between: (1) the ruling minority and ruled majority; and (2) the nationalising state and grain-producing frontiers. Second, very little is known about the role that the Chinese business networks played and how they contributed to the state formation processes. Using a Philippine trans-local grain-trading network as a site of investigation, the paper seeks to fill these knowledge gaps by delineating an integrative approach – designated as rhizomatic political economy – which argues that Southeast Asian state formation may hinge on the instrumentalisation of Chinese business networks and what is identified as their rhizomatic power/knowledge system. They are not just business-brokers in the trans-local grain trade that connects the national capital and grain-producing locales, but also serve as political brokers to implement state measures in regards to food and interior security affairs.