人身侵权债权在破产清偿顺位中优先受偿之思辩

在调整人身侵权债权的各种制度中,为人身侵权债权在破产清偿顺位中找寻优先清偿点是次优制度选择,因为无论人身侵权债权定位在哪一个清偿层面都是后序债权人为破产企业的非法行为买单。为此,在其他法律制度足以保护人身侵权债权人权益的前提下,在破产清偿顺位中为人身侵权债权人设置优先受偿权实属不必要。但是其他法律制度不足以保护人身侵权债权人的权益时,我们可以考虑在破产清偿顺位中采用将人身侵权债权与劳动者债权同序的方式来保护人身侵权债权人的合法权益。     

“开设赌场”适用中的若干问题研究

"开设赌场"是赌博罪的一种客观表现形式,是指行为人提供赌博的场所及用具供他人进行赌博,自己从中获利的行为。要求赌场必须为行为人所控制,具有一定的固定性。"开设赌场"可以通过传统的赌博机进行赌博,也可以通过网络进行赌博。开设赌场与提供棋牌室供人娱乐有着本质的区别。     

债务承担新探

传统债法理论及立法例在对债务承担进行分类和制度设计时 ,混淆了两类不同的划分标准 ,理论和立法都存在一定的缺陷。本文通过比较分析 ,认为债务承担以第三人承担的量和质为标准 ,综合分为全部承担、部分承担和连带承担 ,并在探讨相关理论基础上提出对《合同法》第 84条的修改建议。     

以公法之债解读我国社会保险税的建立——以纳税人财产权保护为视角

社会保险税不仅是税种法的重要组成,更是社会保障制度的核心环节,与一般的保险制度和税法制度都有着理论和实践上的差异。以公法之债为视角,解读社会保险制度和社会保险税的性质,比较社会连带互助与国家责任理论的逻辑体系,从而推求社会保险中个人责任与国家责任的划分原则,也即个人与国家债权债务关系之界定。同时结合我国社会保险资金制度的历史演变,反思社会保险制度改革的缺失。在比较社会保险筹资制度差异和若干理论阐释的基础上,对我国社会保险资金制度的改革提出建议。     

Constitutional Barriers as Limitations to State Activity

The study deals with constitutional constraints and examines which constitutional limits or barriers set by ordinary law are effective against too much public policy. Are these limits useful to block the level and the growth of expenditures, taxation and public debt? Starting points of the analysis are historical considerations on past experiences with constitutional constraints. In a second step a typology of constitutional and legislative barriers will be presented and discussed. These barriers can be distinguished between quantitative and procedural constraints. Empirical findings for different countries as well as for the European Union will be presented. Finally, empirical results will be derived from a pooled cross sectional regression, where several factors are regressed on the annual deficit. It turns out that limits on taxation and expenditure limitations (TEL) as well as limits on public debt have pros and cons. These will be assessed on the basis of the empirical findings. A clear result of the comparative research points to the efficiency in blocking public policy, i.e. spending, taxation and the public debt. This entails that the main target of such rules is usually achieved.     

A Feminist Perspective on Contract Theories from Law and Economics

This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be feminising: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is analysed in detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions.     

Analyzing the impact of terrorism on tourism in Sri Lanka

While terrorism brings fear and chaos, tourism is the epitome of peace and happiness. Sri Lanka has always attracted international tourists due to tropical climate and beautiful tourist destinations. However, terrorism and the recent debt crisis have led to chaos and economic failure; in this study, the impact of terrorism, external debt, and military expenditure on international tourism in Sri Lanka have been empirically studied to unravel the dynamics. Dynamic ARDL simulation and cumulative fourier frequency causality results highlight the presence of an inverted N-shaped association between terrorism and tourism, as well as external debt and tourism. The phenomenal results from this analysis provide essential policy suggestions for Sri Lanka for economic recovery through the promotion of international tourism.     

Empirical examination of public debt sustainability in African economies: A panel data analysis

This study intends to investigate public debt sustainability across 29 Sub-Sahara African (SSA) economies, employing various econometric specifications, for the sampled years 1996–2020. The study employs Bohn's (Are stationarity and cointegration restrictions really necessary for the intertemporal budget constraint? Journal of monetary Economics, 54(7), pp.1837–1847.) framework of sustainability as the baseline model to assess public debt sustainability across the sampled Sub-Sahara African economies. As additional tests of public debt sustainability in order to support the baseline findings, the study also employs panel unit root and timeseries unit tests. The baseline findings from the OLS, panel quantile and instrumental panel quantile regressions show that public debt is sustainable across the panel of SSA economies. The positive and statistically significant response of primary balance under the Bohn's framework of sustainability manifest that the intertemporal budget constraint is not violated in the sampled economies. The consistency in the estimates under the OLS, panel quantile and instrumental panel quantile regressions also show that the estimates are robust throughout the estimation process. Also, utilizing the panel unit root test for public debt sustainability, the findings show that public debt is stationary over the sampled years which implies that intertemporal budget constraint holds and that public debt is sustainable across the sampled SSA economies. However, the timeseries analysis indicate that although majority of the SSA economies have sustainable public debt ratios, four countries namely Uganda, Sudan, Togo and Cote d'Ivoire have unsustainable public debt ratios. The study has important policy implications in terms of prudent public debt management and fiscal management for the sampled SSA economies.     

Course corrections and failed rationales: how comparative advantage and debt are used to legitimise austerity in Africa and Latin America

This article examines the role of ideological mechanisms in support of long-term economic liberalisation. Specifically we examine the ideological roles of comparative advantage and debt reduction as precursors to austerity policy imposition. Austerity policies, as episodic mechanisms designed to deepen neoliberalisation, are examined in the comparative historical context of Africa and Latin America.     

Colonial labour,Tawdenni and ‘L’enfer du sel’: the struggle from slave to free labour in a Saharan salt mine

Abstract

Can we understand the arrival of Capitalism in Africa by tracking labour – from unfree to free, from slave to wage? The question supposes slavery to lie at its heart, yet the conversation between labour and slave studies is in early stages. The sources are problematic: the colonial ‘language of labour’ was often political rhetoric camouflaging ongoing forms of slavery. Then, there was the question of how the metropole-incorporated colonies into its economy: French West Africa’s sun and sand offered few economic resources. One was salt. The Niger Bend economy depended on Tawdenni, a desert salt mine controlled by Saharans and exploited by their slaves. In 1910, it was predicted that the French abolition of slavery would spell the end of Tawdenni: “Never will a man from the South – unless a slave – give himself to this work”; what, therefore, was to be done? The paper challenges the view that engagement with colonial capitalism necessarily led directly or even inevitably from slavery to wage labour by exploring how Tawdenni’s servile labour system responded to French colonial attempts to combine political abolition and economic sustainability.