中国(上海)自由贸易试验区知识产权保护研究

中国(上海)自由贸易试验区的建立对推进国内改革与世界市场开放具有里程碑式的意义。我国的自由贸易试验区属于自由贸易园区(FTZ),不同于自由贸易协定下的自由贸易区(FTA),也不同于传统保税区,具有"境内关外"和"一线放开、二线管住"的特征。自由贸易试验区的贸易便利化举措必然使其成为知识产权侵权避风港的可能性急剧上升。但由于相应制度的缺失和认识的偏差,自由贸易试验区可能成为知识产权海关执法的模糊区甚至空白区,同时我国目前的知识产权保护体系与自由贸易试验区寻求的便捷、高效的知识产权市场监管模式和纠纷解决机制相距甚远。从相关国际条约的立法和国内外自由贸易园区的实践来看,在自由贸易园区内实施更加严格的知识产权保护是现在和未来国际知识产权保护的必然趋势。因此,在自由贸易试验区内应加强知识产权海关保护、建立知识产权市场监管体系、完善知识产权纠纷解决机制。     

中国海事仲裁引入临时仲裁初探——以中国（上海）自由贸易试验区为视角

临时仲裁作为世界上普遍流行的争议解决机制,尤其是在海事领域,有着无可比拟的优越性.受《中华人民共和国仲裁法》影响,中国海事仲裁只有机构仲裁.针对中国海事仲裁领域只有机构仲裁的现状,借鉴英国伦敦海事仲裁的先进经验,以中国（上海）自由贸易试验区的设立为契机,在中国（上海）自由贸易试验区试探索中国现阶段海事仲裁领域引入临时仲裁的可能性.     

Third time lucky? Establishing diplomatic relations between Russia and South Africa

Diplomatic relations between Russia and South Africa were established in 1992, before South Africa's transition to democracy was completed. This move was perceived as a betrayal by many in both countries and beyond. For many decades the Soviet Union supported the African National Congress in its fight against the apartheid regime. South Africa's National Party government, in its turn, presented the USSR as the main force behind the ‘total onslaught’ – an all-out war purportedly waged against South Africa by international communism. Yet it was with the National Party government that the Russians established diplomatic relations. This article looks into the reasons for this change of heart in Moscow and Pretoria, discusses the political forces behind the decision to establish diplomatic relations, and analyses the process that led to this event and the results of establishing diplomatic relations the way it happened and at the time it happened for both countries.     

The evolution of the European Union’s failed approach to Afghanistan

ABSTRACT

This article provides a genealogical account of European actorness in Afghanistan. It argues that European agreement towards facilitating modernisation and development in Afghanistan was initiated with aid and trade, evolving into humanitarianism in the 1990s, and reconstruction and democratisation in the 2000s. The European Union has had a positive impact on Afghanistan, focusing on humanitarianism, but its multilateral and programme level approach to reconstruction and democratisation has failed to meet the EU’s stated objectives. By promoting the flawed “Bonn Model”, the EU is proportionally culpable for failed international attempts to reconstruct Afghanistan; even though the United States has been the primary international actor. Drawing a series of broader lessons, such as tensions between Atlantic solidarity and European integration, and the limitations of the European crisis management, the article demonstrates how European policy has been shaped by crises inside Afghanistan and the larger geopolitical crises these have generated. These have contemporary importance as history suggests that as the US withdraws its commitment to Afghanistan, the EU will have a very significant role in attempting to fill a humanitarian vacuum.     

Peace-building Through Space-making: The Spatializing Effects of the African Union’s Peace and Security Policies

ABSTRACT

This article is discussing how the peace-building practices of the African Union have distinct ordering and space-making effects. Taking a socio-spatial perspective, it is argued that the peace and security projects through which the African Union, as a spatial entrepreneur, is addressing the scourge of ‘terrorism and violent extremism’ are geared towards (re-)establishing sovereignty that member states have lost in the past over their territories. While the African Union is favouring a spatial format that could be called ‘multiple networked regionalism’, the actual socio-spatial orders that are emerging around Africa’s transregional conflicts are far less clear cut.     

Negotiating democracy with authoritarian regimes. EU democracy promotion in North Africa

ABSTRACT

In order to better understand the dynamics of international cooperation on democracy promotion with authoritarian regimes, this article looks into the processes and results of negotiations on democracy (promotion) between the European Union (EU) and two of its North African neighbours (Morocco, Tunisia) in the decade leading up to the Arab uprisings. Asking if, how, and to what effect the EU and its Mediterranean partners have negotiated issues related to democracy promotion, it analyses official documents issued on the occasion of their respective association council meetings in 2000-2010. It shows that partners have indeed addressed these issues since the early 2000s, however, without engaging in substantive exchanges. Most of the time, conflicts have been neither directly addressed nor resolved. Where there are traces of actual negotiations leading to an agreement, these are clearly based on a logic of bargaining rather than arguing. These findings challenge the picture of harmony and cooperation between the EU and Morocco. Furthermore, they point to the low quality of these exchanges which reinforces the dilemma of international democracy promotion in cooperation with authoritarian regimes.     

非洲和平与安全建设：南非的区域大国角色及限度*

作为区域大国,南非在非洲安全秩序构建中发挥着重要作用。1994年民主转型后,南非国家身份定位由西方的"白人飞地"转变为"非洲国家","以非洲为中心"成为南非外交政策的战略优先。南非非国大政府秉持新的国家身份认知,不再将非洲国家视为国家安全的威胁,而是命运与共的合作伙伴。南非通过参与解决非洲国家冲突、加强非洲集体安全机制建设、支持非洲冲突后重建与发展进程、推动联合国与非盟加强战略协调与合作、参与多边维和行动等方式参与非洲和平与安全建设,扮演了区域安全公共产品供给者的角色。南非虽然在非洲和平与安全建设的某些领域发挥了独特的引领作用,但经济增长乏力和国力相对下降,使其越来越无法有效应对日趋复杂的非洲安全形势。域外大国和国家集团加大对非洲安全事务的干预力度、其他非洲区域大国的竞争,也对南非在非洲和平与安全建设领域发挥引领作用形成了制约。在新冠肺炎疫情冲击、经济增长陷入衰退和社会矛盾加剧的背景下,南非政府将把更多精力和资源用于解决国内经济和社会发展问题,直接介入非洲冲突解决的意愿和能力会有所下降。南非在参与非洲安全事务过程中将更加惜用自身国内经济军事资源,进一步提升对外交手段、非洲集体安全机制的依靠。     

Lessons from Roman law: EU law in England and Wales after Brexit

ABSTRACT

The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After tracing the history of the teaching of Roman law in England and Wales, this article posits first that the factors that appear to have caused the decline of Roman law could apply equally in the context of EU law. Secondly, based on both pragmatic and liberal education arguments that have historically been proffered for the study of Roman law, it advances arguments for the retention of a compulsory stand-alone EU law module in England and Wales after Brexit. To this end, the paper contends that the arguments for the retention of EU law in legal education are more robust than those asserted traditionally in favour of Roman law.     

新冠疫情防控常态化下加强创新集体协商工作的思考

由于国外新冠肺炎疫情的快速蔓延以及国内疫情的起伏,使得我国新冠疫情防控呈现出常态化和长期化的趋势。后疫情时期,构建和谐的企业劳动关系,助力企业复工复产和健康发展是工会组织的当务之急。集体协商制度是市场经济国家构建和谐企业劳动关系的根本制度和主要手段,工会组织要积极引导劳动关系双方在集体协商制度框架下主张各自的权利和寻求平衡点。     

Rising to the Challenge: Europe’s Security Policy in East Asia amid US-China Rivalry

ABSTRACT

China’s growing power and assertiveness towards its smaller and weaker neighbours has been a wakeup call for the European Union and its member states which, as a result, have stepped up their involvement in East Asia. EU security policy in the region shows many elements of alignment with the United States, but also differences. In North East Asia, the EU has adopted harsh sanctions against North Korea but, contrary to the Trump administration which continues to seek regime change, has left the door open for dialogue. Moreover, the EU supports the process of trilateral cooperation among China, Japan and South Korea, while Washington has traditionally been lukewarm towards a process that excludes the US and risks being dominated by Beijing. The transatlantic allies also show differing approaches with regard to maritime disputes in the South China Sea. While EU security policy in East Asia is largely complementary to that of Washington, in some cases Europe tends – albeit inadvertently – to favour Beijing.