Discursive Construction of territorial disputes: foreign newspaper reporting on the Diaoyu/Senkaku Islands dispute

Most studies of the news discourse surrounding territorial disputes focus on the domestic newspapers of the conflicting countries from the perspective of “us” and “them”. This study examines how the newspapers of foreign countries discursively construct a territorial dispute within the framework of an intergroup conflict schema. A qualitative and quantitative analysis of articles on the Diaoyu/Senkaku Islands dispute published online in five newspapers of record (the New York Times, the Guardian, the Sydney Morning Herald, Le Monde, and the Frankfurter Allgemeine Zeitung) reveals two main points: First, the articles published by these newspapers share a similar intergroup conflict schema that is based on competition and the pursuit of national interests as interpreted in conformance with the national interests of the respective countries (USA, UK, Australia, France, and Germany). Second, in terms of how news discourse is framed, there are noticeable differences between the Frankfurter Allgemeine Zeitung and the other four which may reflect the influence of Germany’s socio-historical context on domestic public opinion.     

知识产权纠纷的仲裁解决

近年来知识产权纠纷越来越多,诉讼已经无法满足多元化解决纠纷的需求,仲裁、调解等纠纷解决方式大量涌现出来,对比以诉讼方式解决知识产权纠纷的不足,以仲裁方式解决知识产权纠纷有很多优点。但目前在我国,尽管仲裁机构得到一定发展,也以仲裁方式解决了一些知识产权纠纷,但诉讼依然是解决知识产权纠纷的主要方式。今后应创造更多条件,让仲裁、调解纠纷解决方式在解决知识产权纠纷中发挥越来越多的作用。     

论提升国际贸易争端解决法律程序的透明度

在全球化时代,国际贸易争端解决法律程序的结果常常影响到各国公众的切身利益.提升贸易争端解决法律程序对公众的透明度,使公众能了解甚至参与其中,对保障公众合法利益和国际程序法公正很有益.鉴于国际贸易争端解决流程分为国内国际两大层面多个阶段,只有将其视作一个整体,因地制宜地分别努力提升各阶段的信息透明度,才能根本上确保贸易争端解决法律程序处于全球民主监督之下,有效维护公众合法权益.     

Challenges to the East Asian environment

Abstract

Can economic interdependence reduce conflicts among states in East Asia? The so-called ‘cold politics and hot economics’ has become a defining feature of Sino-Japanese political-economic relations. This puzzling pattern of interaction is clearly illustrated in the sovereignty dispute over the Senkaku/Diaoyu Islands. The island dispute has unfolded in five rounds of distinct clashes thus far. From one perspective, the competitive elements in the island dispute make it difficult for both Japan and China to give way to the other side on the territorial and maritime issues. At the same time, the two countries have successfully managed to contain their respective territorial and maritime claims thus far. Drawing on the liberal peace theory, this article systematically demonstrates that economic interdependence has repeatedly fostered the de-escalation of Sino-Japanese conflict over territorial and maritime rights.     

Economic cooperation in Northeast Asia: The proposed Tumen River scheme

Abstract

This paper examines a relatively unexplored aspect of the Russo-Japanese territorial dispute: the involvement of subnational actors. It focuses in particular on the sustained campaign of domestic lobbying and paradiplomacy by elites from the Far East region of Sakhalin aimed at preventing the Russian central government from transferring the South Kuril Islands/Northern Territories to Japan during the 1990s. It explores the various responses to the ‘Sakhalin factor’ from federal authorities in Russia, as well as private and public bodies in Japan, highlighting the subsequent localization and pluralization of diplomatic channels. The paper also considers why the ‘Sakhalin factor’ became so prominent, pointing to a synergy of factors that include the high-profile anti-concessionary campaigns of the Sakhalin political elite, the fallout from Russia's troubled attempts at state building and a possible convergence of interests between Boris Yeltsin and regional authorities. The paper concludes with an analysis of how Vladimir Putin's federal reforms, launched in 2000, have diminished Sakhalin's authority over the South Kuril Islands.     

Arbitration in financial dispute resolution: the final step to reconstructing the default(s) and exception(s)?

In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but may be much more important in normative terms. Lawyer-led negotiations remain the most common form of out-of-court resolution and constitute the de facto default form of bargaining in the shadow of the normative regime framed by ss 23–25 Matrimonial Causes Act 1973. Together with the transformation in approach to nuptial agreements, family arbitration may mark a normative shift towards autonomy and private ordering. I question whether this is a desirable step for family law, at least before we have resolved the underlying policy debate.     

Deepening democracy through community dispute resolution: problems and prospects in South Africa and Chile

Post-apartheid South Africa and post-Pinochet Chile have taken significant steps to democratize justice. This article acknowledges conventional reforms of both countries’ criminal justice systems but focuses primarily on case studies of participatory and restorative initiatives that have attempted to expand the theory and practice of public safety practices in non-state settings. The experience of resolving interpersonal disputes in new democracies and what it means for the people who do it is examined. The research hypothesized that public participation in matters of justice and security can foster more active citizenship, a contribution to deepening democracy in countries in transition, as South Africa and Chile have been since the early 1990s. The experiences of the Community Peace Program and the Barrio Sin Violencia shed light on both the potential and the limitations of efforts to deepen democracy through community dispute resolution. They suggest that whether or not public participation in matters of justice and security fosters more active citizenship in democratizing countries depends on complex cultural and historical influences, including perspectives on sources of authority, institutional patterns of justice, and mutual trust.     

医疗纠纷处理的第三方力量分析

诸多原因导致目前医疗纠纷处理难度加大，本文主要从医疗纠纷解决涉及的第三方主体角度进行讨论，分析其对医疗纠纷处理的影响，希望对医疗纠纷解决有所裨益。     

医疗纠纷协商和解的利弊分析及对策

协商和解是解决医疗纠纷的重要方式,有明确的法律依据,但在实践当中也存在诸多弊端。要充分发挥协商和解的优势,消除其弊端关键在于依法办事,只有依法办事才能从根本上保障医患双方的合法权益。     

群体性劳动争议解决机制研究

随着改革开放的不断深入和我国市场经济的快速发展,日益增多的集体劳动争议、群体性劳资纠纷使当下我国劳动纠纷案件成为了热点,主要表现在集体性讨要拖欠工资、双倍工资、经济补偿金以及要求补缴社保等领域,如果没有一个有效的解决机制控制问题的蔓延,则容易造成更大的集体性纠纷。当前,我国尚未建立起发达的社会诚信考察制度,加之法治监督环节的疏漏,致使本已繁多的集体劳动纠纷,变得涉案当事人众多、案情复杂多样、社会关注度高、涉及问题敏感。因此,尽快研究群体性劳动争议解决机制,十分必要。