联合国1990年关于自动资料档案中个人资料的指南评析

信息社会使个人资料被歪曲、滥用的危险明显加大,为加强个人资料的保护,各国纷纷制定了有关个人资料保护的国内法。但由于个人资料跨国流通势不可挡,不统一的国内法并不能为个人资料当事人提供充分保护,因网络环境下个人资料国际保护的需要,联合国于1990年通过了《关于自动资料档案中个人资料的指南》。     

Searching for Sanctuary: Government Power and the Location of Maritime Piracy

Recent systematic work on the incidence of maritime piracy shows the importance of various political, economic, and geographic correlates at the country level. Yet these correlates tell us little about the determinants of piracy location off states’ coasts, despite the fact that piracy is well known to cluster locally. Conceptualizing pirates as strategic actors who consider the risk of detection and capture, this article argues that states’ ability to project power over distance affects pirates’ decisions on where to organize and operate. As state capacity increases, piracy will locate farther away from government power centers, whereas piracy can flourish closer to state capitals in weak states that struggle to extend control over space. Using geocoded data from the International Maritime Bureau for the 1996–2013 period, results show that increases in state capacity are associated with greater median capital--piracy distances. These findings are robust to several changes in model specification. Our results have important implications for the study of piracy and crime.     

跨国公司来华投资新趋向及我国应对政策与法律原则探析

进入九十年代以来,跨国公司来华投资较前发生了重大变化,并表现出鲜明的特点。跨国公司作为推动经济全球化的重要力量,对我国引进外资和社会经济发展的作用越来越大,本文从跨国公司来华投资的新趋向入手,在分析我国应对跨国公司的政策及法律原则的理论与现实基础上,进一步提出从积极引进、加强引导、合理限制与严密监督四个方面构建我国对待跨国公司来华投资的政策及法律原则。     

抓住机遇，积极吸引跨国公司投资

随着亚洲经济的恢复,欧美的跨国公司再度掀起亚洲投资热.中国应抓住这个机遇,调整引资政策,积极吸引跨国公司投资.     

Looking from South Africa to the World: A Story of Identity for our Times

The article is a consideration of the question of identity in South Africa, and also in a global context. Just as South Africa has looked to the world in order to understand its place, so too the world might look to South Africa to illuminate patterns less immediately visible elsewhere. Far from being unrepresentative in the apartheid period, South Africa was the ‘state of exception’ that incarnated and concentrated global realities; equally in the current era the reciprocal relations between the South African and the global evoke haunting concerns. The article begins with a consideration of the ‘classic’ generation of anti-apartheid activists, including figures such as Nelson Mandela and Bram Fischer, as they fashioned a new sense of South African identity. Yet it goes on to consider what happens when the classic period is over, and older definitions and oppositions are no longer available. Here the navigations of fiction, both in South Africa and elsewhere, become significant, and the article examines the work of writers from Gordimer, Coetzee and Ndebele, to Caryl Phillips and W. G. Sebald. It ends with a contemplation of the current period, nearly twenty years after the democratic transition in South Africa. In the era of the Marikana massacre and other pressing developments, both music and fiction open up some of the ambiguities and obligations. Drawing on Agamben, I suggest the intrinsic mutuality of the ‘home’ and the ‘foreign’ in establishing a more promising—and challenging—sense of belonging and identity both in South Africa and the world.     

Implications of foreign direct investment for national sovereignty: The Wal-Mart/Massmart merger as an illustration

The Wal-Mart/Massmart merger has caused concern about its possible influence on the South African economy, employment and the autonomy of the state. This study analyses strategic considerations for states that allow foreign corporations to engage in their domestic markets. Globalisation and transnational harmonisation have led to an impetus for corporations to extend their activities across national borders and foreign markets. Based on the theory of sovereignty, this is evaluated against a trilateral background of home country, host country and corporation. The outcome that emerges is that in some cases states have lost a significant share of sovereignty to multinational authorities. With the Wal-Mart/Massmart merger, role-players such as the government, competition commission and trade unions got involved early on and ensured maximum advantage to the country and its citizens. The final conclusion is that such partnerships between host, home governments and transnational corporations can minimise the loss of national sovereignty, but this can only be achieved against a backdrop of economic, societal and political stability and co-operation.     

Boko Haram terrorism in Nigeria: The international dimension

The terrorist group Boko Haram, or the self-described People of the Tradition of the Prophet (SAW) for Preaching and Striving, continues to terrorise Nigeria, with horrible consequences. Clearly, study of the problem cannot be disconnected from the complex nature of Boko Haram itself, considering the group's unclear agenda and its shadowy sponsors — internal or external. A key question regarding the nature of Boko Haram is whether it has a transnational dimension or not. This paper examines the nature of Boko Haram terrorism in Nigeria. It argues that Boko Haram's terrorism does indeed have a transnational dimension, demonstrating that its agenda and targets transcend Nigeria, and that there are international links to the operations of Boko Haram. Given this international dimension, what concerns does Boko Haram generate for countries outside Nigeria, and what are their responses to the group's continued acts of terrorism? This analysis is contextualised within the charged debate on the definition of terrorism and the modern trend of religious terrorism in the international arena.     

Social Change and Class Formation in a French West African State

This article focuses on migrant children in West Africa in contexts where independent migrations during childhood constitute the norm rather than the exception. The article examines how the relative age and gender of a child influence his/her trajectory. It is based on the biographies of two young domestic workers – a girl in Côte-d’Ivoire and a boy in Burkina Faso. In describing their trajectories during the first eight to ten years of their migration to the city, this article shows that ideas surrounding age-appropriate work and the acquisition of new skills allow both girls and boys to increasingly exercise more power over their own lives. From these detailed trajectories it becomes clear that the dominant institutional categories, on the one hand, mask the diversity of activities of these very young migrants. On the other hand, they conceal the diachronic changes that take place in the course of their migratory work experience.     

Dual citizenship and sovereignty

Multiple and dual citizenship in the past decades have become widely accepted worldwide. Leading scholars in citizenship studies claim that the growing tolerance of dual citizenship signals the weakening of state sovereignty and the emergence of transnational, post-national or cosmopolitan norms. This paper argues that multiple citizenship standards are neither universally accepted, nor normatively compelling. The cases referred to are intended to demonstrate that contrary to the above assessments, dual citizenship is also used by states to increase their sovereignty, for example promoting national interest abroad through expatriates and trans-border minorities. It is also argued that, in addition to the classical territorial sovereignty- and security-related dilemmas, dual-citizenship policies may violate the norms of democratic equality and popular sovereignty. The paper concludes that the inevitably growing toleration of non-monogamous state-citizen relationships should not be interpreted as a normative justification of promiscuous citizenship policies.     

Forced migrant “compatriots” from Ukraine: Accessing legal residency and citizenship in the Russian Federation

This paper examines the Russian migration and citizenship regime as encountered by forced migrants from Ukraine who fled to Russia during the period of 2014–2016. Based on legal and other official documents, media articles, and interviews, it gives an account of these migrants’ reception in Russia in theory and practice. Russia made great efforts to accommodate them, and in Russian media they were often spoken of as an easily integrated labor resource and as potential citizens. In 2015–2016, around 165,000 Ukrainians acquired Russian citizenship. While ethno-cultural similarity does privilege Ukrainian migrants in Russia, full asylum has been granted sparingly, and citizenship is not unconditionally granted. As this paper shows, Russian authorities have rather tried to control and distribute these forced migrants for the benefit of the state, according to principles of selectivity and economic interests – giving privileged access to permanent residency and citizenship to working-age people willing to settle in regions where population growth and more workers are deemed necessary. However, permanent residency and citizenship are also available to those able to circumvent or pay their way through the obstacles encountered – taking advantage of the flexibility inherent in a system that is not totally consistent.