论公司对外担保的法律效力

《公司法》第16条规定由公司章程确定对外担保的决议机关。当实际决议的机关与章程不一致时,担保合同的法律效力如何?应当认为随着对"推定通知理论"和"越权理论"的抛弃,公司章程的公开行为本身不构成第三人知道的证据,第三人对公司章程不负有审查义务。进而需要区分公司内部行为和外部行为的法律效力,不能以担保决议违反章程为由主张对外签订的担保合同无效,两者之间无效力牵连。当章程对担保"沉默"时,我国采行"股东会中心主义",应当运用"营利性"原则将董事会的决议权限定在公司正常经营活动的范围之内。董事、经理擅自对外担保构成无权代理,未经公司追认对公司不生效力,应当自行承担对第三人造成的损失。     

Tangles,tears and messy conversations: using a media discussion group to explore notions of strong women

In this article, we discuss the experiences of six female secondary-school students participating in a media group that encouraged critical discussion and analysis of gender, particularly with respect to notions of strong women in popular media texts. Throughout the study, the participants viewed various forms of media and critically discussed gender representations. We describe the ways that we encouraged critical discussion that prompted the participants to challenge dominant perspectives and develop personal positions regarding gendered representations in popular media. Many discussions were convoluted and often contradictory. Throughout these debates, however, moments emerged in which participants identified complexities associated with gendered representations of strong women as related to privilege, beauty ideals and autonomy. We identify these moments as messy yet critical, requiring the researchers to challenge participants’ postfeminist notions of strong women. We emphasize the importance of ongoing dialogue and the potential of media for encouraging discussion.     

The Democratic Duty to Oppose Brexit

What should be the position of democrats in response to the Brexit referendum? Many urge a duty to accept the result. This article argues the contrary. If someone is a UK citizen, has a belief that leaving the European Union will be damaging to the common good of the UK and is a convinced democrat, then that person has a duty to oppose Brexit. Neither of the two principal reasons for accepting the result—a claim of popular sovereignty or of parliamentary sovereignty—imply a duty not to continue to oppose. Arguments from political equality for simple majority rule do not apply when the alternatives are ill defined. More generally, popular sovereignty presupposes and does not replace constitutional democracy, and in a parliamentary democracy there is always a continuing right to oppose.     

美国国会拨款法案中的涉华条款

20世纪80年代以来,美国国会通过涉华立法对美国对华政策施加了重要影响。其中,美国国会在年度拨款案中附加了相当数量的涉华法,其内容涉及对华安全防范和出口管制、涉台和涉藏事务、人权等领域。这些涉华条款对中国核心利益和中美关系产生了不容忽视的消极影响。     

The Highs and Lows of Teaching IR Theory: Using Popular Films for Theoretical Critique

This article introduces an approach to IR that uses popular films to teach students how to critically analyze IR theory. By pairing IR traditions (like Realism) and the slogans that go with them (like "international anarchy is the permissive cause of war") with popular films (like Lord of the Flies ), this approach poses questions not about the truth or falsity of IR theories but about how IR theories appear to be true. This technique works because it draws upon visual analytical skills that students already possess and transfers them to analyses of IR theory and international politics. Overall, it challenges the positioning of IR theory as beyond culture and politics rather than as part and parcel of it, transforms what we think of as doing critical IR theory, and repositions students from passive recipients of IR truths into critically active and engaged analysts of IR theory's commonsense views of the world.     

The Voice of Young People

No abstract available for this article.     

A Political Defence of Kant’s Aufklärung: An Essay

The aim of this essay is to analyse the potential for political emancipation that lies within Kant’s conception of Aufklärung, in critical dialogue with enlightenment critics and specialised Kantian literature. My thesis is that Kant’s concept of enlightenment is intrinsically political and so it must be studied from the point of view of his political philosophy, which was fully developed in the decade of the 1790s. From this standpoint, I propose we study the role and place of Aufklärung within Kant’s central political thesis, to wit: that only the united will of the people can be a legitimate authority.     

Popular Financial Reports as Fiscal Transparency Mechanisms: An Assessment Using the Fiscal Transparency Index for the Citizen User

Popular financial reports (PFRs) are intended to increase transparency by providing financial information to a non-technical, citizen audience. We examine the extent to which PFRs are meeting the goal of transparency by developing a 23-criteria fiscal transparency index for the citizen user (FTI-CU) and applying it to a sample of PFRs (popular annual financial reports and citizen-centric reports) issued by local governments in the U.S. These criteria are organized into five areas: comprehension, access, financials, appearance, and community-focused. The analysis finds that, while there are areas for improvement, the PFRs rated the highest in the access and appearance criteria.     

Bole to Harlem via Tel Aviv: networks of Ethiopia's musical diaspora

ABSTRACT

One of the fastest growing sources of domestic labor in the Global North is Ethiopia, whose female population travels to North America, Europe, and the developed Middle East to work for remittances to send home. Once these migrants settle in cities such as London, Abu Dhabi, Tel Aviv, Rome, or Toronto, they organize themselves into cultural enclaves that navigate their positionality, namely the state, religious practice, and their bodies. While scholars are occasionally interested in the explicit security ramifications of absorbing these migrant workforces, they pay less attention to the cultural forces propelling citizenship, and to migrants' relationship with their home culture. This gap in knowledge is counterproductive, because scholars and policy-makers will have trouble assessing the Ethiopian migrant population's perspective through interview material alone. The Ethiopian values of honor and respect for authority dictate a hesitance to criticize explicitly, so the population's feelings about marginality rarely emerge in discussion about labor. This taboo curtails the effectiveness of typical ethnographic methods (e.g. interviewing). Rather, this article examines Ethiopian music as a prism through which migrant musicians navigate the complex web of religious, ethnic, national, and embodied identities in their new surroundings. In this article, I present findings based on participant-observation of Ethiopian live music in North American and Middle Eastern diaspora cities (New York, Washington, DC, Tel Aviv, and Dubai), and argue that the populations are linked through the multidirectional cultural influences of Ethiopian diasporic popular music. I will argue that Ethiopian migrants' music offers a stable, alternative form of political discussion to more overt discussions of contested identities, and that these discussions reshape cultural boundaries. By considering performance techniques such as choice of language for lyrics, and the incorporation of Ethiopian or local dance style into music videos that are distributed over the Internet, one begins to understand how the rapidly expanding transnational network of Ethiopian migrants conceptualizes itself as an emerging global source of labor in cosmopolitan urban centers.