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International Legal Positivism and Legal Realism 国际法律实证主义与法律现实主义
Pub Date : 2013-07-11 DOI: 10.1017/CBO9781139094245.012
D. A. J. Telman
This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.With its forthright embrace of the inescapability of uncertainty in law, the new international legal positivism adopts a sceptical position very similar to legal realism. However, this chapter contends, the new international legal positivism still requires a realist supplement in order to provide a fuller understanding of the way in which legal norms interact with non-legal factors and to help us describe, predict and analyse the behaviour of actors in international affairs. At the same time, new international legal realists can learn from the sceptical attitude towards sources of law that new international legal positivists have developed. The two movements can be symbiotic if brought into closer dialogue. Nonetheless, this chapter concludes with a dose of pessimism about the capacity of any of the currently available theories of international law to fully assimilate the complexities of both postmodern theory and postmodern global society into a comprehensive theory of international law in the postmodern world.
这一章是对《后现代世界中的国际法律实证主义》一书的贡献,它衡量了国际法律实证主义和法律现实主义之间相互丰富互动的潜力。本文首先描述了法律实证主义和法律现实主义在美国法学界的相遇,然后讨论了一种新的法律现实主义在国际法学界的兴起。在结束语部分,本章评估了新国际法律现实主义和新国际法律实证主义之间的兼容性和紧张关系。新的国际法律实证主义坦率地接受法律中不可避免的不确定性,采取了一种与法律现实主义非常相似的怀疑立场。然而,本章认为,新的国际法律实证主义仍然需要一个现实主义的补充,以便更充分地了解法律规范与非法律因素相互作用的方式,并帮助我们描述、预测和分析国际事务中行动者的行为。同时,新的国际法律现实主义者可以借鉴新的国际法律实证主义者对法律渊源的怀疑态度。如果进行更密切的对话,这两种运动可能是共生的。尽管如此,本章以悲观的态度结束,认为现有的任何国际法理论都无法将后现代理论和后现代全球社会的复杂性完全纳入后现代世界的综合国际法理论。
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引用次数: 2
"Unfinished Business": Ethnic Complementarities and the Political Contagion of Peace and Conflict in Gujarat “未完成的事业”:古吉拉特邦的民族互补性和和平与冲突的政治传染
Pub Date : 2013-07-01 DOI: 10.3386/W19203
Saumitra Jha
I examine how the historical legacies of inter-ethnic complementarity and competition influence contemporary electoral competition and its effects on patterns of ethnic violence. Using local comparisons within Gujarat, a single Indian state known for its non-violent local traditions yet also for widespread ethnic pogroms in 2002, I provide evidence that while towns with close votes in the preceding state elections do predict an increased incidence of ethnic riots, these effects are diminished in medieval port towns that historically enjoyed exogenous inter-ethnic complementarities. Furthermore, unlike other towns where pre-riot electoral competitiveness coincided with historic inter-ethnic competition and where the ruling party reaped well-targeted electoral dividends from the riots, medieval port constituencies exhibited a relative vote swing of more than seven percentage points against that party. These rendered medieval port constituencies marginal constituencies in future elections, which also saw less ethnic violence. I interpret these results as consistent with the existence of a fundamentally conditional, yet magnifying interaction between electoral competition and local institutions in generating incentives for ethnic violence. Where marginal electoral constituencies coincide with or reflect pre-existing inter-ethnic economic competition, politicians have both enhanced local and state-wide incentives to foster ethnic mobilization and violence. On the other hand, when the focus of electoral competition shifts to constituencies enjoying complementary norms and organizations supporting local inter-ethnic tolerance, this can reduce state-wide incentives for ethnic violence.
我研究了种族间互补性和竞争的历史遗产如何影响当代选举竞争及其对种族暴力模式的影响。古吉拉特邦是印度的一个邦,以其非暴力的地方传统而闻名,但在2002年也发生了广泛的种族大屠杀。通过对古吉拉特邦的地方比较,我提供的证据表明,虽然在之前的州选举中票数接近的城镇确实预测了种族骚乱的发生率增加,但这些影响在历史上享有外源性种族间互补性的中世纪港口城镇中减少了。此外,与骚乱前的选举竞争与历史上的种族间竞争相吻合,执政党从骚乱中获得了有针对性的选举红利的其他城镇不同,中世纪港口选区显示出对该党的相对投票摇摆超过7个百分点。这使得中世纪港口选区在未来的选举中处于边缘地位,也减少了种族暴力。我认为,这些结果与选举竞争和地方机构之间存在一种根本性的、有条件的、放大了的相互作用是一致的,这种相互作用产生了种族暴力的动机。在边缘选区与先前存在的种族间经济竞争相吻合或反映的地方,政客们加强了地方和全州范围内的激励措施,以促进种族动员和暴力。另一方面,当选举竞争的焦点转移到享有互补规范和支持当地种族间容忍的组织的选区时,这可以减少全州范围内种族暴力的动机。
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引用次数: 2
Development Imperatives for the Asian Century 亚洲世纪的发展要务
Pub Date : 2013-07-01 DOI: 10.2139/ssrn.2295823
P. Petri, Vinod Thomas
Evidence-based economic policies—pragmatic policies that work—played a major role in Asia’s success in raising its living standards in the last half century. However, growth prospects are now threatened by rising income inequality and environmental degradation if Asia continues on its established growth path. Evidence strongly argues for Asia to broaden its development priorities into a triple bottom line: that is, a focus on growth, social inclusion, and environmental sustainability. The paper focuses on how Asia can manage this ambitious goal. Possible resistance from vested interests is to be anticipated, but pursuing this path could bring large overall gains. The paper looks at how Asian governments and their development partners can make a difference in promoting the three policy objectives. Innovations in governance for better accountability, transparency, and feedback will be necessary for achieving these priorities. Societies in Asia and the international community will also need rigorous evidence and analysis to establish the benefits of this strategy and to make informed policy choices. International financial institutions and the donor community can provide financial lubricants for cooperation, as well as knowledge to help governments counter vested interests and champion regional perspectives on transborder issues. Reversing the negative social and environmental trends has to become a real development priority rather than a mere aspiration. Progress is possible on the three bottom-line goals, but it will require focusing Asia’s vaunted methods of learning and innovation to meet the new challenges.
以证据为基础的经济政策——行之有效的务实政策——在过去半个世纪亚洲成功提高生活水平的过程中发挥了重要作用。然而,如果亚洲继续走现有的增长道路,增长前景将受到收入不平等加剧和环境恶化的威胁。证据强烈主张亚洲扩大开发优先级为一个三重底线:也就是说,专注于增长,社会包容和环境可持续性。本文的重点是亚洲如何实现这一雄心勃勃的目标。既得利益集团可能会抵制,这是可以预料到的,但走这条路可以带来巨大的总体收益。本文着眼于亚洲各国政府及其发展伙伴如何发挥作用在促进这三个政策目标。为了实现这些优先事项,必须在治理方面进行创新,以提高问责制、透明度和反馈。亚洲社会和国际社会也将需要严格的证据和分析,以确定这一战略的好处,并做出明智的政策选择。国际金融机构和捐助界可以为合作提供资金润滑剂,并提供知识,帮助各国政府对抗既得利益,并在跨境问题上支持区域观点。扭转消极的社会和环境趋势必须成为一项真正的发展优先事项,而不仅仅是一种愿望。在这三个底线目标上取得进展是可能的,但这需要把亚洲引以为豪的学习和创新方法集中起来,以应对新的挑战。
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引用次数: 8
Current Situation and Future Perspectives of Regional Policy in Croatia 克罗地亚区域政策的现状和未来展望
Pub Date : 2013-03-24 DOI: 10.2139/ssrn.2238654
Jaksa Puljiz, Sanja Maleković
Regional policies in European Union member countries have undergone significant changes in recent two decades. New policy approach is particularly focused on issues such as regional competitiveness, role of regional and local actors in managing development, multi-annual programming and policy evaluation. Latest policy trends have not yet been recognized by Croatian policy-makers. Croatian regional policy is still based on old-fashioned instruments such as tax relief’s and intergovernmental transfers, while a meaningful approach to supporting regional growth and competitiveness is lacking. Accession process could become a catalyst for setting up new and modern regional policy, but on the other hand it could result with having two parallel systems of supporting regional development based on entirely different principles. On the basis of the identified trends in European regional policies and the analysis of current regional development and regional policy context, the paper provides recommendations for improvement of the current policy approach.
近二十年来,欧洲联盟成员国的区域政策发生了重大变化。新的政策方针特别侧重于区域竞争力、区域和地方行动者在管理发展方面的作用、多年度方案拟订和政策评价等问题。克罗地亚决策者尚未认识到最新的政策趋势。克罗地亚的区域政策仍然以税收减免和政府间转移等老式手段为基础,同时缺乏支持区域增长和竞争力的有意义的办法。加入进程可以成为建立新的和现代的区域政策的催化剂,但另一方面,它也可能导致在完全不同的原则基础上建立两个平行的支持区域发展的系统。在确定了欧洲区域政策的趋势以及对当前区域发展和区域政策背景的分析的基础上,本文提出了改进当前政策方法的建议。
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引用次数: 4
Tell Me Where You Would Like to Go and I Tell You Why - Potential Migration and Subjective Well-Being 告诉我你想去哪里,我告诉你为什么——潜在的迁移和主观幸福感
Pub Date : 2013-03-21 DOI: 10.2139/ssrn.2237537
Stefania Lovo
By examining the preferences over migration destinations of those revealing a desire to permanently leave their country, this paper provides new evidence on the relevance of subjective measures for cross country comparisons. While hard statistics such as GDP per capita and unemployment rates are commonly used to measure a country success, this analysis reveals that people preferences over alternative migration destinations are better explained by average levels of life satisfaction in the destination country. Aggregated measures of subjective well-being are, therefore, useful for international comparisons as they better reflect what makes some countries more attractive than others.
通过考察那些表露出永久离开本国愿望的人对移民目的地的偏好,本文为跨国比较的主观衡量标准的相关性提供了新的证据。虽然人均GDP和失业率等硬性统计数据通常被用来衡量一个国家的成功,但这项分析表明,人们对其他移民目的地的偏好可以更好地用目的地国家的平均生活满意度来解释。因此,主观幸福感的综合衡量标准对国际比较很有用,因为它们更好地反映了一些国家比其他国家更具吸引力的原因。
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引用次数: 1
Reform of Public Policy-Making in Ireland 爱尔兰公共决策改革
Pub Date : 2013-03-14 DOI: 10.2139/SSRN.2261003
Muiris MacCarthaigh
One of the more prominent issues to emerge from the recent economic crisis has been a concern about the method and quality of policy-making in Ireland. This concern has been specifically raised in relation to regulation of banking and other financial and fiscal affairs, but also more generally in relation to what is traditionally understood as being a defining characteristic of a civil service, i.e. the development of policy options for government. The importance of how public policy is created, framed and evaluated has been ‘rediscovered’ not just in Ireland, but across the OECD as governments seek to address crisis-inspired and other problems in new ways, and with less resources. This development has implications not just for the way in which public service organisations work, but also for the nature of politics itself. Policy, after all, creates politics as it involves resource allocations and decisions that will favour some interests over others. Recent events also pose challenging questions for the academic community as dominant theories concerning policy development have been found wanting, while also presenting opportunities for rethinking the role and capacity of contemporary state governing. Taking policy-making as a problem-solving activity, this paper sets Irish policy-making in some international and theoretical contexts, before looking at recent developments and considering future reform trajectories.
从最近的经济危机中出现的一个比较突出的问题是对爱尔兰政策制定的方法和质量的关注。这一关切具体涉及到银行和其他金融和财政事务的管理,但也更普遍地涉及到传统上被理解为公务员制度的一个决定性特征,即为政府制定政策选择。不仅在爱尔兰,而且在经合组织各国政府寻求用更少的资源以新的方式解决危机引发的问题和其他问题之际,如何制定、制定和评估公共政策的重要性已经被“重新发现”。这种发展不仅对公共服务机构的运作方式有影响,而且对政治本身的性质也有影响。毕竟,政策创造了政治,因为它涉及资源分配和决策,这些决策将有利于某些利益而非其他利益。最近的事件也给学术界提出了具有挑战性的问题,因为人们发现有关政策制定的主导理论存在不足,同时也为重新思考当代国家治理的角色和能力提供了机会。将政策制定作为一项解决问题的活动,本文将爱尔兰的政策制定置于一些国际和理论背景下,然后研究最近的发展并考虑未来的改革轨迹。
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引用次数: 5
Towards a New Eastern Mediterranean Energy Corridor? Natural Gas Developments between Market Opportunities and Geopolitical Risks 迈向新的东地中海能源走廊?市场机遇与地缘政治风险之间的天然气发展
Pub Date : 2013-02-26 DOI: 10.2139/SSRN.2225272
S. Tagliapietra
The Eastern Mediterranean region is rapidly changing. The turbolent political transition in Egypt after the Arab Spring, the civil war in Syria, the emergence of Turkey as leading regional power, the tensions between Israel and Gaza and the never-ending dispute between Turkey and the Republic of Cyprus are -all together- reshuffling the regional geopolitical equilibrium. At the same time natural gas findings are flourishing in the offshore of Egypt, Israel, and Cyprus, reshaping the regional energy map and rapidly making the Eastern Mediterranean a world-class natural gas province. These geopolitical and energy pressures are rapidly converging, generating a number of new challenges and opportunities for each player in the region. The aim of this paper is to provide a comprehensive overview on these new regional developments and to propose a critical discussion of the market opportunities and geopolitical risks related to the potential emergence of a new Eastern Mediterranean Energy Corridor.
东地中海区域正在迅速发生变化。阿拉伯之春之后埃及动荡的政治过渡、叙利亚的内战、土耳其作为地区主要大国的崛起、以色列和加沙之间的紧张关系以及土耳其和塞浦路斯共和国之间永无止境的争端,所有这些都在重新洗发地区地缘政治平衡。与此同时,在埃及、以色列和塞浦路斯的近海发现了大量天然气,重塑了该地区的能源版图,并迅速使东地中海成为世界级的天然气省。这些地缘政治和能源压力正在迅速汇聚,为该地区的每个参与者带来了许多新的挑战和机遇。本文的目的是对这些新的区域发展提供一个全面的概述,并提出与新的东地中海能源走廊的潜在出现有关的市场机会和地缘政治风险的关键讨论。
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引用次数: 14
A Global Warming Differential Game 全球变暖的微分博弈
Pub Date : 2013-02-05 DOI: 10.2139/ssrn.2212368
G. Erickson
A differential game of global warming is offered. The game involves individual country social utility functions that balance gains from GHG emissions with damages due to global warming. Two state variables are involved, the concentration of anthropogenic GHG in the atmosphere, and the increase in global temperature, compared to preindustrial times, due to the anthropogenic GHG. Temperature increase adjusts gradually to the effect of increased GHG concentration, while the GHG concentration increases with GHG emissions from countries around the globe, and declines due to the absorptive capacity of the environment, a capacity that is negatively affected by the increased global temperature. A cooperative solution is defined, as is an open-loop equilibrium, and a tax policy is offered that induces an open-loop equilibrium which coincides with the cooperative solution. The tax policy offered serves to bring damages from global warming to all countries into the utility function of each individual country.
一个关于全球变暖的微分博弈被提出。该游戏涉及单个国家的社会效用函数,该函数平衡温室气体排放的收益与全球变暖造成的损害。这涉及到两个状态变量,即大气中人为温室气体的浓度,以及由于人为温室气体导致的与工业化前时代相比的全球温度升高。温度升高逐渐适应温室气体浓度增加的影响,而温室气体浓度随着全球各国温室气体排放的增加而增加,并由于环境的吸收能力而下降,而环境的吸收能力受到全球温度升高的负面影响。定义了一个合作解,即一个开环均衡,并给出了一种税收政策,以诱导一个与合作解一致的开环均衡。所提出的税收政策是将全球变暖对所有国家造成的损害转化为每个国家的效用函数。
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引用次数: 0
Azerbaycanin Hollanda Hastaliği Problemini Önleme Stratejilerinde Türkiye Ile Yapilan Ekonomik Ilişkilerin Önemi (Importance of Economic Collaboration between Azerbaijan and Turkey in Preventing Dutch Disease in Azerbaijan)
Pub Date : 2012-10-17 DOI: 10.2139/SSRN.2172960
C. Bulut, E. Suleymanov
In this research evaluates the investments of rich oil and natural gas source owner and the most blooming country of the world - Azerbaijan’s investments in Turkey and its impacts to preventing Dutch Disease problem Azerbaijan economy. After giving brief information about economy of Azerbaijan, the research analyzes SOCAR’s investment on petrochemical institution in Turkey Petkim which was purchased in Turkish privatization master plan. Star Rafinery which began to be built on Petkim peninsula, electric power-plants and port investments were examined under several titles. Additionally, the research gives information about the investment on Trans Anatolia Natural Gas Pipeline (TANAP) which was signed at the end of 2011 and evaluated its impacts on Azerbaijan Economy.
在本研究中,评估了丰富的石油和天然气资源所有者和世界上最繁荣的国家-阿塞拜疆在土耳其的投资及其对预防荷兰病问题阿塞拜疆经济的影响。在简要介绍阿塞拜疆经济情况的基础上,分析了SOCAR在土耳其私有化总体规划中购买的土耳其Petkim石化机构的投资。在佩特金半岛上开始兴建的“明星渔场”、发电厂和港口投资都以几个标题进行了审查。此外,该研究提供了有关2011年底签署的跨安纳托利亚天然气管道(TANAP)投资的信息,并评估了其对阿塞拜疆经济的影响。
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引用次数: 11
A Note on Political Contestability and the Future of the European Union 政治可竞争性与欧盟的未来
Pub Date : 2012-08-01 DOI: 10.1111/j.1467-6435.2012.00544.x
R. Weder, H. Grubel
In this paper, we argue that, first, the contestable‐markets hypothesis increases our understanding of why and how public referenda and initiatives are beneficial for the political decision‐making process and, second, that these direct‐democratic instruments could solve some of the current and pending institutional problems of the European Union (EU) and reshape its process of political integration. The Lisbon Treaty includes some attempts in this direction which, however, are half‐hearted and thus hardly increase the democratic control of the EU by its member states and their citizens.
在本文中,我们认为,首先,可竞争市场假说增加了我们对公民投票和倡议为何以及如何有利于政治决策过程的理解,其次,这些直接民主工具可以解决欧盟(EU)当前和悬而未决的一些制度问题,并重塑其政治一体化进程。《里斯本条约》包含了这方面的一些尝试,然而,这些尝试是半心半意的,因此很难增加成员国及其公民对欧盟的民主控制。
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引用次数: 2
期刊
SRPN: International Affairs Issues (Topic)
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