The evolution of European legal integration

This article contributes to the development of theories on European integration by testing and exploring statistical models on the long-term development of legislative activity of the European Commission. Drawing on legal information gained from the European Union’s PreLex database and analyzing it with the help of statistical analyses, we map out growth patterns of EU law between 1976 and 2003. We construct time-series models and models based on non-linear regression. While the performance of models based on the traditional theoretical approaches, intergovernmentalism and neo-functionalism, is rather poor, the analysis suggests that nonlinear dynamic models might be an interesting avenue for future conceptualizations of the EU integration process. This article is based on a paper presented at the ECPR Standing Group on the European Union Second Pan-European Conference on EU Politics, “Implications of a Wider Europe: Politics, Institutions and Diversity”, 24–26 June 2004, Bologna, Italy. We would like to thank the seminar participants for useful comments.     

个性化、多元化教育与创新性人才的培养--哈佛、耶鲁的本科课程制度及其启示

在规模化教育过程中实现个性化与创新性人才的培养,哈佛、耶鲁等美国高校在本科课程设置与培养制度方面的经验值得借鉴。通过课程的自由选择与组合,学生形成各不相同的知识结构与创新意识,并且提供制度路径来鼓励学生自我探索和设计新的课程与未知专业;融入人性化与人文关怀,注重个性化与多元文化的感悟和体验。各高校直接面向市场与社会,其竞争与不拘一格使美国的多元化教育与创新性人才更呈现千姿百态的格局。     

论欧盟法对欧盟成员国的效力

作为目前世界上最成熟和最发达的区域性国际组织,欧盟在很多方面有值得其他国际组织借鉴的地方。本文主要探讨了欧盟法对欧盟成员国的效力的问题。其中包括了欧盟法对欧盟成员国的时间效力范围和空间效力范围、欧盟法的效力优于欧盟成员国国内法、欧盟法在欧盟成员国的直接效力和间接效力以及欧盟法律与欧盟成员国法律之间的配合关系效力,以希望从中可以引出一些有益的启示。     

日本幕末开国对策探析

19世纪中叶,德川幕府统治下的日本面临着欧美列强的军事威胁和外交压力,处于开国抑或攘夷的十字路口。通过考察欧美国家对日本的冲击以及日美交涉过程,可以看出,开国与开港给日本带来了积极的影响,但由于不平等条约的签定,尽管近代日本并未遭遇中国那种割地赔款的命运,却使近代日本具有了殖民地的特征。     

欧盟安全模式的体系层次分析

欧盟安全模式在冷战后日益突出,其特点在于通过有效的多边主义来维护安全。在冷战期间西欧国家地处两极对抗的前沿,两极格局的终结也对欧盟国家造成了重大冲击。因此,欧洲安全模式的形成和发展深受体系结构和体系进程的影响和制约。其中,结构因素发挥更为重要的作用,但同时体现为国际制度的进程因素对于巩固和维护欧洲安全也有重大的反作用。国际制度无法独立于体系结构影响国家行为,在欧洲安全模式形成的过程中,体系结构是独立的自变量,国际制度则是干预变量。     

Democracy,Subsidiarity, and Citizenship in the ‘European Commonwealth’

Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of theEuropean Union; what kind of polity is the Union? The suggestionoffered is that there is a legally constituted order, and that asuitable term to apply to it is a‘commonwealth’, comprising a commonwealthof ‘post-sovereign’ states. Is it a democraticcommonwealth, and can it be? Is there sufficiently ademos or ‘people’ for democracy to be possible?If not democratic, what is it? Monarchy, oligarchy, ordemocracy, or a ‘mixed constitution’? Argued: thereis a mixed constitution containing a reasonableelement of democratic rule. The value of democracy isthen explored in terms of individualistic versusholistic evaluation and instrumental versus intrinsicvalue. Subsidiarity can be considered in a similarlight, suggestively in terms of forms of democracyappropriate to different levels of self-government.The conclusion is that there is no absolute democraticdeficit in the European commonwealth.

     

从NAFTA到USMCA:投资争端解决机制的变化、成因及启示

2020年7月生效的《美国—墨西哥—加拿大协定》在投资争端解决机制上一改《北美自由贸易协定》下偏重对投资者权利保护的“新自由主义”精神,回归对国家规制权能的重视。在适用对象、适用争议、适用程序上作出变化与革新。全球价值链收缩及“慢球化”、投资争端解决机制的内在合法性危机以及对东道国规制权力的削弱,是国际投资争端解决机制发生变化的深层次经济、法律与政治动因。《美国—墨西哥—加拿大协定》投资争端解决机制的变化与革新将进一步推动“卡尔沃主义”的回归以及加剧国际投资法体制内部的碎片化趋势。中国应积极支持及推进投资争端解决机制改革,使其发挥正面作用,同时辩证吸收“卡尔沃主义”的合理因素,积极探索诸如前置协商、投诉与帮助以及调解等解决投资者与东道国之间投资争议的多元渠道。     

Economics and Law of Works of Art in the Single European Market

This paper is concerned with the economic analysis of the European rules on the circulation of works of art. After reviewing the relevant literature, an economic framework of the international circulation of works of art is provided (social goals, efficiency and distributive aspects, an economic rationale for a general free trade rule integrated by selective protectionism). Using this framework the European system of circulation of works of art—resulting from the combination of the Maastricht Treaty with Regulation 3911/92 and Directive 93/7—is analysed. The main results of the analysis are: 1) the general free trade principle ruling the Single European Market is strongly limited by rules protecting national artistic heritages of member states; 2) this protectionism—working towards countries both outside and inside the European Union—is applied according to the national laws of each member state, while, contrary to what the Maastricht Treaty would call for, an artistic heritage of European significance is not defined and no autonomous role is recognized in this field to European Institutions; 3) this system shows some inconsistencies with economic theory, as strict limits to trade are not provided when they should be required by the preservation of the physical or artistic integrity of works of art, while in other cases an unduly restrained trade may derive from highly protectionist national laws and export-licencing policies of member states. Enforcement provisions are also analysed and some proposals to improve the system are advanced.     

Jurisprudential Dilemmas of European Law

Making a first sketch of philosophical issues arising fromEuropean Community law I want to present a series ofmore or less obvious, and more or less interrelated dilemmas,or even double binds.(i) Deepening the community becomes incompatible withwidening membership. (ii) National states seem bothnecessary for and obstructive in articulating transnationalproblems. (iii) The more democracy is needed as a warrantfor the public exercise of political power in Europe, themore the very concept of democracy on a European scaleevades understanding. (iv) European unity presupposes aunifying rule of law, while member states have radicallydifferent conceptions of this principle. (v) Even the verycore of European integration, the common market, is subjectto two conflicting and, indeed, incompatible doctrines ofcompetition. In explaining the nature of each dilemma I willtry to take my cue from the Maastricht Treaty wherever thisseems suitable. Then I will elaborate on the jurisprudentialproblems involved in it. Finally, each section will be closedby an attempt to state the nature of these problems inphilosophical terms.     

Gender Differences in Self-Perceptions and Academic Outcomes: A Study of African American High School Students

There is increasing divergence in the academic outcomes of African American males and females. By most accounts, males are falling behind their female peers educationally as African American females are graduating from high schools at higher rates and are going on to college and graduate school in greater numbers. Some have suggested that school completion and performance is associated with how students feel about themselves. The purpose of this study was to explore gender differences in the relationship between self-perceptions and 2 academic outcomes among a sample of 243 African American high school sophomores. The results suggest that, overall, females are more favorably oriented toward high school completion. Both male and female students with more positive self-perceptions have stronger intentions to complete the current year of high school. Higher grade point averages were more strongly associated with greater self-efficacy for females than for males. Given these findings, increased attention to educational programming, societal messages, and future research is warranted.