我国警务联络官现状分析与前景展望

警务联络官,或称国际警务联络官,因其具有警察和外交官的双重身份和特定职能,又被称为“警务大使”和“警察外交官”。警务联络官是打击跨国犯罪、开展国际警务执法合作的纽带,是维护世界和平与稳定的重要力量。我国警务联络官起步晚、发展快．在国际警务执法合作中的地位和作用日益显现。     

Corporate power,US drug enforcement and the repression of indigenous peoples in Latin America

Abstract

The question that motivates this article is: what are the mechanisms through which the prosecution of the drug war in Latin America lead to human rights repression? In answering this question, I theorise that drug enforcement is a coalition of actors that facilitates domestic and international consensus around prohibition as a mechanism for corporate expansion. Drug war infrastructure financing is likely to facilitate the expansion of corporate investments by resource-seeking industries that require greater land use, which encroaches on the ancestral territories of indigenous peoples. And, in response to indigenous resistance to corporate appropriation of ancestral lands, resource-seeking transnational corporations will collude with private security firms and paramilitary organisations to repress and eliminate indigenous resistance. In the process of accumulating capital in Latin America, transnational corporations, domestic security, and paramilitary organizations are the drug enforcement coalition’s mediators of terror.     

Jurisgenerative role of auditors in transnational labor governance

This article builds on the model of regulatory intermediaries by incorporating insights from the field of legal hermeneutics about the process through which the meaning of a legal rule emerges. It describes how intermediaries can take on a jurisgenerative role in the development of legal rules through their interpretation of legal rules. This role is demonstrated through an analysis of social audits from Chinese and Vietnamese factories involved in the Fair Labor Association (FLA). The analysis illustrates how the integration of fundamental labor rights into the FLA's private Code of Conduct requires auditors to develop new interpretations of the Freedom of Association as a result of uncertainties and contradictions between legal requirements at various levels, as well as with the FLA's own rules. Through this empirical analysis, the article contributes to the literature by identifying regulatory intermediaries’ jurisgenerative capacities when they monitor fundamental labor rights referenced by private governance instruments. It further highlights why legal and regulatory governance scholars need to consider the transformative effects that transnational private labor governance may have on international labor law.     

Las élites neoliberales en México: ¿cómo se construye un campo de poder que transforma las prácticas sociales de las élites políticas?

The recomposition of Mexican political elites during the 1980s overlaps with the transformation of a development model that shifted from a basically protectionist and nationalistic model to a neo-liberal and open-oriented one. Such a switch has implied far-reaching changes in the social practices of political elites. Based on a record that contains each high-rank official during the 1988–2014 period, the mechanisms having established a transnational power network crossing from one presidential term to the next are reviewed, as well as those factors that favored the organization of a power field increasingly focused on the border between the national, regional and global spaces. Some of those mechanisms include the international historical context; the creation of working teams with a basically neo-liberal worldview; the trajectories of the high-rank officers; the reforms that have been driven; the fluent transit among public and private positions, and the highly varied relationships established between this group of officials and transnational actors and organizations. It is concluded that the elites’ new social practices do not only hamper and challenge the creation of public goods and autonomous structures with the capacity of planning according to the general interest, but they also encourage institutional depredation.     

农村转户移民群社会管理创新的法治命题探析

改革开放以来,我国户籍管理制度由松动到局部试点再到整体改革探索,促推亿万农村转户移民陆续迁入城市,大量低成本劳动力的进入为城市的发展输入了强劲的动力,助益于中国城市现代化的进程提速.但与此同时,新增的城市人口也给社会管理工作带来强烈的冲击与严峻的挑战.如何回应“户改”中新生社会群体的管理需求、切实保障民生、维护社会秩序并化解民意冲突,当为改革中的现实命题,对此,应积极导入现代法治理念、突破传统管理模式并构设民意疏通路径,通过实质公平指引下的利益配给、多元兼治与城乡联治结合以及决策民主基础上的矛盾化解机制,来实现和谐社会的可持续发展.     

Civil Society–Government Synergy and Normative Power Italy

There is a need for a reassessment of the Italian contribution to international affairs. If a more comprehensive and pluralist reading of Italian action at the international level is developed, an image of normative power Italy may emerge. Italian input has been crucial in a number of transnational campaigns that have had significant impact at the international level. The cases of the peace in Mozambique, the International Criminal Court, the Moratorium on the Death Penalty and, more recently, the Ban on Female Genital Mutilation all illustrate Italy’s contribution to international affairs, especially the politics of norm change. These cases are all characterised by the presence of intense civil society-government synergy. In order to advance the understanding of the processes and impact of transnational mobilisations, this analysis examines the domestic conditions that facilitated such synergy, intended as key conditions for the empowerment of transnational activism itself.     

国际投资法体系及其跨国证券投资制度的历史演进——以中国证券市场开放为视角

在论述国际投资法体系化进程中的跨国证券投资法律地位问题基础上,认为纯以国内法的视角界定投资含义有失偏颇。这一方法无视国际法的规则,有可能引发法律冲突。尽管如此,就证券投资而言,其国内法的色彩极为浓厚,国际层面的证券投资法仍处于初步阶段,因此,从国内法视角界定证券投资所可能引发的法律冲突将相对较少。只有当国内法未作具体规定时,一般的国际投资法规则才适用到证券投资之上。国际投资法规则的默示适用功能恰恰表明,跨国证券投资属于广义国际投资法重要的组成部分之一。     

Standard Form Contracts as Transnational Law: Evidence from the Derivatives Markets

This paper uses new research into the derivatives markets to develop our understanding of standard form contracts as transnational law and to show how transnational law theory may be usefully informed by empirical work. Traditionally, it has been assumed that international business communities seek to avoid the courts. However, the paper shows that the national courts play a prominent role in adjudicating disputes involving derivatives. Basing the discussion on the detail of these decisions by the English courts, the paper demonstrates that adjudication does not necessarily undermine widely used standard form contracts, and that it may even reinforce practices that underpin them. This is particularly the case where there is imperfect co‐incidence between a trade association's members and a standard form contract's users. Having explored recent cases, the paper reconciles its findings with a more open and imaginative account of the role of national courts within transnational law theory.     

试论在华跨国公司环境侵权的责任承担机制

跨国公司在华子公司因拥有法人地位,其法律责任的承担通常是依据《公司法》的规定,承担有限责任,但也不排除在特殊情形下适用公司法人格否认。由印度博帕尔案可以看出。在跨国公司子公司从事高污染、高环境风险生产经营行为的情形下,依照有限责任制度则可能给无过错的环境侵权债权人带来极大的不公正,有限责任制度的缺陷与困境尤其凸显。因此,在跨国公司环境责任的追究机制中,合理采纳法人人格否认责任制度是十分必要的,此外,美国在某些环境侵权的特定情形中将母公司纳入责任承担主体的范围,追究跨国公司“整体”责任的做法也值得借鉴。