The Rise and Fall of Capital: Corporate Malaysia in Historical Perspective

This article argues that better informed insights into the benefits and repercussions of the form of development of East Asian economies could be obtained when the theoretical perspectives from two different bodies of literature are employed collectively. If the concepts from the discipline of political economy – specifically the body of literature dealing with the developmental state now commonly deployed in analyses of East Asian economies – are used in combination with concepts from the literature on business history based on the work of Alfred Chandler, the reasons for the rise and fall of major enterprises in East Asia can be better understood. A case study of enterprise and economic development in Malaysia is presented to substantiate this argument.     

European internal security as a public good

Abstract

This introduction argues for a new research agenda on European internal security cooperation from the perspective of public goods. We set out our case in three parts. First, we identify new empirical puzzles and demonstrate significant explanatory gaps in the existing internal security literature which public goods theory could help address. Second, we outline the building blocks of a public goods approach and provide an overview of its application, both existing and potentially, in various areas of regional security and European integration. Third, we present three complementary ways of using public goods theory to analyse internal security in the European Union, with the aim of spurring new research questions while accepting some limitations of this theoretical approach.     

The Migrant Workers' Movement in the Democratic Consolidation of Korea

This paper traces the rise of the migrant workers' movement in Korea and the conditions of their collective actions in the militant tradition of Korean democratisation. It does this with a focus on the causes of militancy and its similarities to and differences from the characteristics of Korean democratisation. This paper argues that some defects of the political system, the role of oppressive government policy, and intervention of non-governmental organisations (NGOs) are the combined reason for migrant worker militancy. However, this militant trend faces the challenge of the judicialisation of politics as democratic consolidation has been deepened and the legal order of society is emphasised. Judicialisation requires reconsideration on how to maximise one's interest through legal procedure rather than militant struggle. Such a legal approach, however, again confronts a dilemma in which simply following legal procedure will not generate any change in existing laws. Furthermore, according to various cleavage lines such as labour vs. capital, national vs. non-national, and native vs. foreign cultures, the priority of struggles in migrant workers and support groups has been differentiated into labour rights, political rights, and cultural rights. In this situation, the migrant workers' movement should be sensitive to locate its future agenda considering the needs of migrants as well as the changing context of Korean society.     

Ancient and Modern Empires: The United States as the New Rome

Several Arab countries have recently manifested an interest in civilian nuclear energy. For some, like Egypt, this is the revival of an old interest, for others, notably the members of the Gulf Cooperation Council (GCC), it represents a clear reversal of previously held positions. This interest has been interpreted as an implicit threat to move in the direction of acquiring a military nuclear capability, in case Iran develops a bomb. Instead, the article argues that interest in nuclear energy has strong economic motivations for all Arab countries, although the position of the GCC is quite different from that of North Africa and Levant countries, from the point of view of both the cogency of motivation and the ability concretely and rapidly to launch a civilian nuclear program.     

The Impact of the Housing Bubble on the Growth of Municipal Debt: Evidence from Spain

The aim of this paper is to analyse the impact of the recent Spanish housing boom and the subsequent burst on local public finances. Particularly, we investigate the effect of the rise and later fall in revenue from urban development on local government debt. Using a sample of the Spanish largest municipalities in the period 2003–2011, we find that debt was substituted by revenue from urban development during boom years and this substitution effect vanished after the burst of the boom. Our results also reveal that local public finances have worsened after the burst of the housing bubble since now they have larger current spending and smaller savings.     

刑事附带民事诉讼调解的时机问题

刑事附带民事诉讼案件的审理,一般遵循“先刑后民”的模式,附带民诉的调解也受制于此。其实,附带民诉究竟采取“先刑后民”还是“先民后刑”模式,应当因案而异。调解的时机,以庭中为主,庭前、庭后相结合。     

论诈骗罪中被害人的处分行为

诈骗罪中被害人的处分行为是基于行为人的欺骗行为而陷入认识错误后作出＂终局性＂转移财产的行为。被害人处分意志是区分盗窃与诈骗的关键,被欺诈的财产损失由被害人自己造成;盗窃的财产损失由他人直接介入造成。在行为人使用诈骗术欺骗被害人抛弃财物然后自己取得财物时,如果抛弃财物与取得财物之间相隔的空间及时间很短,应以诈骗罪论处。     

论我国合作金融行业组织体系的法律重构

我国合作金融的发展亟需有效的行业组织。当前合作金融行业组织运行中的重重问题,要求从行业组织的模式和行业组织制度两个方面对我国合作金融行业组织体系进行法律重构。对于合作金融行业组织的模式,我国既要选择能满足行业组织成员自由选择需求和行业组织整体能力积聚需求的混合结构模式,又要在行业组织的具体组织形式上选择合作制组织形式,并由法律对这两种模式进行重构。对于合作金融行业组织制度,法律重构的重心主要在于对合作金融行业组织的设立、成员加入与退出、代表产生和多票权等制度进行设计。     

卫生行政处罚案件案由异常使用的伦理分析

行政处罚案件案由的使用体现行政部门执法的深度与广度,卫生行政处罚案件案由异常使用有其内在的多方面原因。本文从伦理学视角对该问题进行初步剖析,为提升卫生行政执法的效能提供参考意见。