国际非政府组织的国际法规制:现状、利弊及展望

国际法领域约束规制国际非政府组织的模式有四种,即全球性国际公约间接管制模式、区域性国际公约直接管制模式、国际政府组织约束管制模式及国际非政府组织自身管制模式。由于非政府组织自身国际法律地位的缺失,四种约束管制方式一方面起到了符合自身特点的积极作用,另一方面也都存在缺陷。为了更好地使国际非政府组织在国际事务中发挥作用,除充分利用现有的规制模式之外,亟需制定全球性国际公约对国际非政府组织进行约束管制。     

桂林国际旅游胜地建设的“五美”初探

在打造桂林国际旅游胜地的过程中,必须坚持科学发展的精神美、深化改革开放的制度美、培育低碳绿色的生态美、推进产业融合的现代美、扩大开放合作的形象美     

EXPECTATIONS AND CAPACITY OF PERFORMANCE MEASUREMENT IN NGOs IN THE DEVELOPMENT CONTEXT

There are many obstacles to promoting learning as an outcome of performance measurement in non‐governmental organizations (NGO) social service providers, especially in less developed countries. Building upon a conceptualization of accountability as a multifaceted set of relationships through which funders, or principals, and non‐profit providers, or agents, jointly shape organizational learning, and performance, this study expands our understanding of how accountability mechanisms affect learning within service providers. This paper explores the role that funders play in shaping performance measurement, or monitoring, practices within NGOs serving disadvantaged children in developing countries. We examined the experience of service providers in Egypt and Colombia to assess how the barriers to use of performance data and learning may be addressed. We conducted interviews using the same protocols with program managers in six non‐profit providers in each country that provide services to children, and we also interviewed major donors in the arena of children's services in the USA. We probed the NGO managers' experiences with performance measurement to identify obstacles and potential solutions to improve the use of the data to promote learning. Our findings support previous research about the potential for upward accountability mechanisms to influence internal learning. We suggest that funders should be held accountable for how the incentives and disincentives they provide to grantees affect their internal learning about how to improve their services. This notion of ‘reverse accountability’ means that funders need to be strategic and intentional when they design reporting mechanisms that affect the learning behaviours within their grantees. In line with our call for reverse accountability, we offer a model demonstrating our notion of the two‐way flow of accountability and we offer recommendations to help improve the performance reporting environment for NGOs who are addressing complex problems with less than adequate capacity. Copyright © 2012 John Wiley & Sons, Ltd.     

From developmental to regulatory state? Japan's new financial regulatory system

Abstract

Recent financial reforms in Japan and elsewhere in Asia represent, for various authors, a fundamental shift in financial governance and in state–business relations in the region. The old ‘developmental’ state in East Asia has supposedly made way for a neoliberal ‘regulatory’ state, with its emphases on agency independence and the non-discretionary enforcement of rules. I show in this paper that this interpretation exaggerates the extent of the transformation in the important case of Japan. Although the outward institutional forms of economic governance in Japan, as with many Asian developing countries, has changed dramatically since the mid-1990s, discretion still remains at the core of economic and financial policy. In the area of Japanese banking regulation and supervision, I show how this highly discretionary application and enforcement has been consistent with domestic political pressures. The result is a substantial divergence between superficial convergence upon international regulatory standards and underlying behaviour. I also give reasons why globalization does not mean that this hybrid regulatory model is unsustainable.     

The Nouvelle Philosophie and Foucault

The first part of the paper gives an account of some of the intellectual and political background to the characteristic positions of the Nouvelle Philosophie, and details the presentation of these positions in the work of André Glucksmann. The important influence of Foucault on the Nouvelle Philosophie is then discussed. Foucault's interpretation of his own earlier work and his present manner of posing the question of power are critically analysed, and found to be defective in a way which allows room for the exploitation of his results by the Nouvelle Philosophie. This partial convergence is illustrated by a comparison between Lardreau and Jambet's L'Ange and Foucault's recent discussions of sexuality. The paper concludes with a brief location of the Nouvelle Philosophie in the context of intellectual developments outside France.     

The (im)possibility of development studies

Abstract

Development studies is commonly understood to be committed both to a principle of difference (the Third World is different, hence the need for a separate field of studies) and a principle of similarity (it is the job of development policy to make ‘them’ more like ‘us’). This double commitment has led to important challenges to the intellectual standing of the discipline and/or its object of study, development. This paper begins by reviewing five theorems which pronounce the impossibility of development studies. It then offers a more sympathetic account of the field. While recognizing the urgent need for development studies to be critical and at times oppositional, the paper suggests that an allied commitment to public policy-making can be taken as a sign of maturity. Development, and development studies, should be understood as sets of social practices, or technologies of rule, the organization and effects of which need to be (and in key respects are) contested and subjected to political and scholarly review.     

Vietnam’s ‘socialization’ policy and the moral subject in a privatizing economy

Abstract

The Vietnamese term for socialization, xã h?i hóa, is grounded in its history of socialist construction, originally referring to the collectivization of property and resources. Since the country shifted to a market economy, yet remaining under the leadership of the Communist Party, the term has come to imply the individualization of responsibilities and the privatization of public goods. As a policy, however, it continues to evoke the idioms of ‘the whole society’ or ‘all the people’ as the basis of wellbeing and development. This paper examines the practices of socialization as part of broader shifts in welfare provision and local dynamics of exemplarity. I show that socialization concerns not only the mobilization of resources, but also the production of a moral subject that is self-optimized and yet sensitized to helping others, self-governed and yet governable by the party state. In a socialist country that is rapidly marketising, this moral subject plays into governing rationalities that blends new-prudentialist logics with socialist genealogies, privatization with a notion of society within which individual actions can be made morally meaningful. While the tension and contestation induced by people’s greater burdens are immanent, the continued reference to collective idioms appeals to people’s moral sensibilities, and thus makes socialization meaningful to some extent, even as they resent the turn away from broad-based structures of wellbeing.     

Tackling invisible frontiers of global justice: an extension of Sen’s ‘Comparison View of Justice’ into IR

A central challenge of Amartya Sen’s comparative view of justice is to bring cultural diversity to bear on conceptualizing global justice, which includes building bridges across cultures that enable effective action, and rendering compatible the most beneficent of Rawlsian (or transcendental) intentions with irreducible cultural diversity. For social scientists meeting this challenge requires, first, taking account of variation of social practices in the social construction of meaning, and second, uncovering invisible frontiers of global justice that remain hidden due to conceptual or empirical oversight. The latter is especially true for contemporary International Relations (IR) theory, which assumes state actors to be the main interlocutors in the global realm, and thus precludes consideration of micro-level forms of inter-national relations (understood as interaction among all types of actors that takes place across country borders and that bears traits of national identity). Alternatively, Sen’s micro-perspectival approach offers a welcome support for pluralist approaches that both appreciate non-state access to contestation in the international arena, and account for the meaning-in-use of fundamental norms (democracy, rule of law, human rights) in different cultural and inter-national contexts.     

国际货物买卖合同的根本违约制度探析——以《联合国国际货物销售合同公约》为视角

1980年《联合国国际货物销售合同公约》关于根本违约的判断标准有两个,即违约造成损害的严重性（客观标准）,违约造成损害的可预见性（主观标准）。根本违约采无过错责任原则。一旦构成根本违约,买卖双方均可采取的救济措施有：宣告合同无效、损害赔偿和实际履行。我国《合同法》吸纳了《联合国国际货物销售合同公约》中根本违约制度的理念,并在立法上加以创新和完善,但实践证明,我国《合同法》在解除合同的条件等方面,仍有进一步完善的空间。