欧盟法的发展——法律全球化的探路石

欧洲联盟简称欧盟,是目前世界上最大的区域性的国家一体化组织.欧盟的创建与发展是建立在欧洲一体化的基础之上的,是欧洲一体化进程中划时代的成果.而欧洲一体化的进程又是以法律的一体化为基础条件的,正是这些趋于一体化的法律构成了欧盟法的主要内容,这使得法律在全球范围内的统一化首先在欧洲区域成为可能,因此欧盟法律的发展趋势毫无疑问必将为法律的全球化起到投石问路的作用.     

新世纪中国反倾销法学术发展历程

新世纪,中国加入WTO和经济全球化进程的加快使得反倾销的进一步研究成为时代的要求,中国学者在近几年来对于WTO《反倾销协议》和我国的立法、实践问题的研究正不断充实并形成体系。本文对新世纪反倾销领域不同的研究方法和不同的研究视角作了介绍。     

试述《九评》与中苏论战

20世纪五六十年代的中苏论战,旷日持久,历时十年,又称"十年论战".它是中苏关系史和中共党史上一个十分重大而复杂的历史事件.这场论战既表现了意识形态之争,又蕴含着国家利益之争,也反映了高举马克思主义大旗领导权之争.1963年9月中共中央开展的九评苏共中央公开信是中苏论战的转折点.它就像一枚重磅炸弹,在当时的国内外影响最大、最代表中共方面论战的核心观点,从而使中共在中苏论战中由防御转为反攻,由半公开不指名争论转为全面公开的指名道姓的争论,把中苏论战推向顶点和高潮.它的直接后果,是导致了第二次世界大战后社会主义阵营的破裂,中苏关系的破裂,强化了毛泽东的"反修防修"思想,因而和旨在完成"反修防修"任务的"文化大革命"有着直接的联系.     

工会在参与完善社会保障体系中的作用

无论从历史角度还是现实的角度,维护劳动者的社会保障权益始终是工会的一项基本职能。工会与社会保障有着不解之缘,工会保障工作始终与社会保障制度建设息息相关。工会参与完善社会保障制度的三大领域为：立法源头参与劳动和社会保障法律法规及政策的研究和制定,建立监督机制,努力构建职工补充保障体系等,并使工会协助党政做好困难职工群体的帮扶工作形成长效机制。今后,工会将继续关注社会保障制度的完善,在共建共享社会主义和谐社会中发挥积极的作用。     

Brexit and Fisheries: Fish and Chips Aplenty?

When discussing Brexit and food, fisheries take a special place: first, because the fisheries sector punched far above its (economic) weight in the campaign leading up to the Brexit referendum; second, because of the promise of a bright future for the fishing industry—both by politicians promising to ‘take back control of our waters’ as well as by industry representatives auguring a ‘sea of opportunities’ for fishermen. As it is still far too soon to assess fully the effects of Brexit for the fishing industry and the market for fisheries products, this paper takes a step back and analyses the context within which the changes brought about by Brexit will be taking place. It analyses the complexity of the post‐Brexit fisheries context and its possible repercussions for food policy and the seafood sector. One of the central questions is whether Brexit could contribute to reviving the fisheries industry and enhancing food security in the UK. To explore this further, two other questions present themselves: when is fish UK fish? And what do UK consumers want? Finally, the paper looks at the structure of employment in the seafood industry and how that may present policy makers with difficult decisions. The paper concludes that the picture when it comes to the effect of Brexit on fisheries policy is expected to be mixed, and that both the potential benefits and costs of Brexit are likely to be unevenly distributed within the fisheries sector.     

Balancing experimentalist and hierarchical governance in European Union electricity and telecommunications regulation: A matter of degrees

While the widespread diffusion of experimentalism across sectors and polities is well documented, less is known about the extent of the shift to this non‐hierarchical form of governance, which continues to coexist with traditional hierarchical governance and involves more inclusive rulemaking and revision based on review of alternative implementation experiences. By comparing and process‐tracing electricity and telecommunications regulation in the European Union, we find diversity in experimentalism over time and across two sectors often considered similar. We explain varying degrees of experimentalism with strategic uncertainty and the constellation of preferences, which we label “de facto polyarchy.” Thus, we confirm the emphasis on uncertainty documented in the experimentalist literature, while addressing a conventional critique by also highlighting the relevance of “politics.” Moreover, while corroborating the common spread of experimentalism, we suggest that an analytical framework based on ideal types offers the best route forward to develop comparative analysis of experimentalism and non‐hierarchical forms of governance more broadly.     

The British General Election of 2015 and the Rise of the Meritocracy

Many on the left hoped that the 2015 general election in Britain would prove a social democratic moment. Instead, it proved a nationalist moment, since the only parties radically to increase their vote were UKIP and the SNP. This mirrored trends on the Continent, where nationalist parties on the right and the left have been the beneficiaries of the financial collapse of 2008. These parties exploit a new social cleavage between those who benefit from globalisation and those left behind. The new parties exploit issues of identity rather than economics, and these issues—whether Britain remains in the European Union, whether mass immigration continues and whether Scotland remains in the United Kingdom—are likely to dominate the 2015 parliament.     

Referendums on Membership and European Integration 1972–2015

There are many myths about referendums. The most common one is that voters are inherently sceptical and tend to vote no when given the opportunity. This article analyses some of the commonly held ‘truths’ about referendums on EU matters. Based on a statistical analysis of all forty‐three EU‐related referendums since 1972, it shows that governments tend to lose referendums if they have been in office for a long time, that emotive words on the ballot paper are correlated with a high yes vote and that a high turnout is correlated with a vote against European integration, but campaign spending is inconsequential. Based solely on statistical evidence from the previous forty‐three referendums, the opponents of EU membership will win the Brexit referendum.     

The micro–macro link in deliberative polling: science or politics?

In this article, we critically examine the question of how to link the ‘micro’ of deliberative mini-publics with the ‘macro’ of the democratic system. To explore this puzzle, we relate to EuroPolis, a transnational deliberative experiment that took place one week ahead of the 2009 European Parliamentary elections. The main argument is that although the scientific design of deliberative polls is a necessary condition for the fulfilment of the criteria for equal participation and informed opinion-making of selected citizens (the micro-dimension), this does not necessarily translate into a democratically representative and legitimate proxy for the broader political constituency (the macro-dimension). This problem is potentially exacerbated in deliberative settings that cut across domestic political cultures and nationalized public spheres.     

Shifting Logics: The Discourses of Turkish Political Elites on EU Accession

Abstract

The article compares the EU accession discourses, during the 2002, 2007 and 2011 elections, of Turkey’s governing Justice and Development Party (AKP) with those of the two main opposition parties, the Republican People’s Party (CHP) and the Nationalist Action Party (MHP), tracking the continuities and shifts in their discourses. In the light of Habermas’s distinction between pragmatic, ethical and moral justifications, the discourses are analysed on the basis of three explanatory logics – interests, rights and identity – by means of a theoretically guided qualitative content analysis of the election manifestos of these three political parties. These logics, emerging and shifting in line with periodical dynamics, have been instrumental to varying degrees in the discourses of Turkey’s political elites.