评瑞士商事仲裁协议效力扩张之实践——兼论对我国的启发

由于商事交往的发展以及仲裁本身的独特优点,很多国家和国际组织都支持仲裁更多、更广泛地应用。但是由于国际及国内商事交易中,主体、客体以及法律关系的复杂性,法院和仲裁机构都面临着更多的实际问题,特别是关于仲裁协议效力扩张的问题。瑞士对于此问题已经有了丰富的理论和实践。我国可以借鉴瑞士的经验,循序渐进地在立法上引入仲裁第三人制度,并且通过司法实践加以完善,以满足我国市场经济发展的需要。     

关于我市部分企业劳动争议调解组织工作情况的调研报告

我市劳动争议调解组织网络,现已初步形成,劳调组织已成为化解劳动纠纷的"稳压器"。但其组织建设,尚有较大缺位;改制退出企业的劳调工作,也陷入了某种盲区;一些企业劳调水平不高,影响了调解的成效。今后应进一步贯彻落实相关法律法规政策,加大对劳调组织的组建力度,努力推进劳动争议调解与人民调解的有效衔接,以使我市劳调工作能够提升到一种新水平。     

中韩农业贸易中的政治性贸易保护问题研究

在中日韩三国自由贸易区谈判即将召开的情况下,韩国农业领域的贸易保护问题已经成为阻碍中韩FTA签订的重要问题。韩国农业领域的贸易保护倾向不仅根源于福利国家体制和国家干预制度,还和韩国独特的历史和现实政治情况紧密关联,这就要求我国政府在解决该问题时除了遵循FTA基本原则外,更要兼顾社会和政治方面的对韩协调,整合中国农业出口部门,实现对农业领域自由贸易的政治护持。     

Dimensions of Chinese foreign conflict and cooperation: A research note

Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.     

Third-Party Intermediaries and Negotiated Settlements, 1946–2000

Past studies regarding the success and/or failure of conflict management activities have brought about a wide range of results. In this paper we attempt to gain more definitive conclusions about effectiveness by accomplishing two tasks. First, using a basic theoretical framework we identify expectations of efficacy as they relate to differences between states, coalitions, and IGOs. Second, we also examine the utility of different conflict management techniques in an effort to place in greater perspective the effectiveness of mediation, the most utilized technique of third party intermediaries. Using a new dataset on third-party intermediary behavior in militarized disputes from 1946 to 2000, we find that while all conflict managers are useful in assisting belligerents in reaching a negotiated settlement, IGOs are the most effective. Additionally, while mediation is an effective technique to produce settlements, military intermediary actions, such as peacekeeping, are much more useful.     

International Mediation and Social Networks: The Importance of Indirect Ties

This study extends the previous literature on actors' incentives in conflict management by examining how direct and indirect links between fighting parties influence the prospects for mediation onset from a social network perspective. The paper argues, contrary to existing research, that direct links, i.e., bilateral ties between warring parties, do not notably increase the likelihood of mediation. Rather, indirect links, i.e., ties that connect two states via one or more than one third party to each other, are more likely to determine whether a conflict sees mediation. Although direct links can indicate mutual interests, shared preferences, and decreased uncertainty between the warring parties, these ties either lose importance or become cut off when states enter a conflict. By contrast, indirect ties create a social network that involves outside parties in the dispute process, and indirect ties increase the exchange of information between belligerents and potential mediators and the chances that third parties will have a vital interest in intervention. My empirical analysis using conflict and social network data in 1946–1995 provides strong support for the theory.     

Failed agreements and their impact on subsequent mediation onset and success in intrastate conflicts

ABSTRACT

What impact do failed mediated agreements have on subsequent mediation onset and success? The question of mediation onset and success is undoubtedly important, given that mediation is one of the international community’s preferred conflict management tools, but its voluntary nature leaves room for the conflict parties to (dis)agree to talks and possible settlements. Existing research suggests that previous mediation outcomes can affect subsequent mediation efforts positively or negatively – depending on the outcome in focus. This article argues that failed agreements – an outcome of mediation that has not been accounted for in existing literature – underscore the persistence of the commitment problem, and therefore the hazards of sharing private information. Consequently, the conflict parties question the utility of mediation, and the likelihood of subsequent mediation onset decreases. If subsequent talks take place despite the failed agreement, the conflict parties refrain from sharing private information, and reaching an agreement becomes thus less likely. Drawing on the Uppsala Conflict Data Program’s (UCDP) Managing Intrastate Conflict in Africa data set and the UCDP Peace Agreement data set, the results strongly underline the negative impact failed agreements have on subsequent mediation onset, and thereby show that agreement longevity is crucial not only for peace duration but also for leaving the door open to subsequent talks.     

Anchoring the Peace: Civil Society Actors in Peace Accords and Durable Peace

Is peace more likely to prevail when the peace accord includes civil society actors such as religious groups, women's organizations, and human rights groups? This is the first statistical study that explores this issue. The article develops key claims in previous research regarding the role of civil society actors and durable peace, and proposes a set of hypotheses that focus on legitimacy in this process. The hypotheses are examined by employing unique data on the inclusion of civil society actors in all peace agreements in the post–Cold War period. The statistical analysis shows that inclusion of civil society actors in the peace settlement increases the durability of peace. The results further demonstrate that peace accords with involvement from civil society actors and political parties in combination are more likely to see peace prevail. The findings also suggest that inclusion of civil society has a particularly profound effect on the prospects for overall peace in nondemocratic societies.     

Mediation Research: A Current Review

In this article, we review the mediation literature from the past decade, utilizing a cybernetic mediation paradigm to organize the material. In this paradigm, we note that the type of conflict, country, culture, and mediation institutions affect the mediation process. Within this process, the mediator and disputants interact with each other, attempting to reach their own goals. This interaction produces outcomes for the disputants, the mediators, and other parties. The literature — organized using this paradigm — indicates that mediation is frequently practiced in many venues; the literature also provides an exhaustive list of mediation goals, describes many mediation strategies, and reports manifold mediation outcomes. Unfortunately, the number of studies examining the relative effectiveness of specific strategies (e.g., pressing, relational, and analytic) seems insufficient. Few studies have used control groups or reported observations of mediator and disputants' behavior in actual mediations.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.