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Mapping on Transnational Crime Routes in the New Silk Road: a Case Study of the Greater Mekong Sub-region 新丝绸之路上跨国犯罪路线的测绘:以大湄公河次区域为例
Pub Date : 2020-04-06 DOI: 10.1163/23525207-12340045
H. Luong
The Greater Mekong Sub-region (GMS), including five Southeast Asian countries and China, has experienced a significant increase in the cultivation of opium, trafficking of heroin and methamphetamine, and consumption of these illicit drugs. In recent years, the GMS has been expanded considerably as supply, destination, and transit route for illegal drug trade’s networks to and through, particularly when China officially applied ‘Belt and Road’ strategy. This paper reviews historical aspects and current trends in drug production and trafficking in the GMS, with special emphasis on Mekong River areas where China is ‘located’ as the heart of the transition. Some evidence consistent with the ‘supply, destination, and transit route’ arguments is found through locating and mapping drug trafficking networks to connect with China. Finally, this paper calls for some initial recommendations to improve the process of bilateral and multilateral cooperation in the GMS within the scope of Belt and Road Initiative.
包括五个东南亚国家和中国在内的大湄公河次区域(GMS)在鸦片种植、海洛因和甲基苯丙胺贩运以及这些非法药物的消费方面显著增加。近年来,特别是在中国正式实施“一带一路”战略之后,大湄公河次区域作为非法毒品交易网络的供应、目的地和中转通道得到了显著扩展。本文回顾了大湄公河次区域毒品生产和贩运的历史方面和当前趋势,特别强调了中国作为过渡中心“所在地”的湄公河地区。通过定位和绘制与中国相连的毒品贩运网络,找到了一些与“供应、目的地和过境路线”论点相一致的证据。最后,本文提出了在“一带一路”框架下完善大湄公河次区域双边和多边合作进程的初步建议。
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引用次数: 0
Contemporary China and the “Harmonious” World Order in the Age of Globalization 当代中国与全球化时代的“和谐”世界秩序
Pub Date : 2020-04-06 DOI: 10.1163/23525207-12340044
Orazio Coco
This paper examines the Chinese political vision of the world order and how the West has, so far, reacted to the presence of a new rising power in the global system. It takes inspiration from the current complex international scenario of confrontation between China and the West. The concept of socialist “harmonious” world order is not a political creative idea, but the long-term vision proposed by China since the beginning of this century. It has become topic of political interest, attracting the attention of the Western world, only in the last decade and in connection with the theoretical debate inspired by the power transition theory. The idea of a hegemonic transition and the making of a new international order, as alternative to the liberal democratic model, is gaining consistency with the economic development and the growing political influence of China, but also as consequence of the retreat of democracy worldwide.
本文考察了中国对世界秩序的政治愿景,以及迄今为止西方如何应对全球体系中一个新兴大国的出现。它的灵感来自当前中国与西方对抗的复杂国际形势。社会主义“和谐”世界秩序的概念不是一个政治创意,而是中国自本世纪初以来提出的长期愿景。它是近十年来才成为政治关注的话题,引起了西方世界的关注,并与权力转移理论所激发的理论辩论有关。霸权过渡和建立新国际秩序的想法,作为自由民主模式的替代方案,正与中国的经济发展和日益增长的政治影响力获得一致,但也是全球民主退却的结果。
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引用次数: 2
A Review of the Academic Debate about United Nations Security Council Reform 联合国安理会改革学术辩论述评
Pub Date : 2020-04-06 DOI: 10.1163/23525207-12340047
Bjarke Zinck Winther
This article outlines and discusses the research on UNSC reform. The interdisciplinary field of UNSC reform research can be placed into two broad categories and four sub categories, each indicating the degree to which scholars believe in the benefits of either structural or working methods reform. These include topics such as legitimacy and efficiency and the question of (un)equal representation. The role of The Global South will feature heavily in analyses of how best to reform the UNSC, and of which actors or structures mainly prevent a reform from materialising. There has been a significant gap in research focusing on how the factors that feature as instruments of opposition, e.g. the presented benefits and detriments of the different approaches to reform, can potentially be converged to rethink the direction of the research.
本文对联合国安理会改革的研究进行了概述和讨论。联合国安理会改革研究的跨学科领域可以分为两大类和四个子类,每一类都表明学者们对结构或工作方法改革的好处的程度。其中包括合法性和效率以及(不)平等代表权问题。“全球南方”的作用将在分析如何最好地改革联合国安理会以及哪些行为者或结构主要阻止改革实现方面发挥重要作用。在研究如何将作为反对工具的因素,例如不同改革方法带来的好处和坏处,集中起来重新思考研究方向方面,存在着巨大的差距。
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引用次数: 5
Assessing the EU Framework Regulation for the Screening of Foreign Direct Investment—What Is the Effect on Chinese Investors? 欧盟外商直接投资审查框架法规评估——对中国投资者的影响?
Pub Date : 2020-04-06 DOI: 10.1163/23525207-12340046
Paweł Mateusz Gadocha
An increase of Chinese investment into the territory of the European Union has raised EU regulators’ concerns regarding the public security of the EU. As a result, the new Framework Regulation 2019/452 establishing a framework for the screening of FDI into the EU was adopted as a legal instrument aimed at their control, applicable from 11 October 2020. Adopted within the scope of Common Commercial Policy of the EU, the Framework Regulation, however, might not become an effective legal measure, as its application by Member States both in light of the freedom of movement of capital and the relevant CJEU jurisprudence raises significant legal questions. This article broadly discusses the newly introduced cooperation mechanism between Member States and the European Commission, as well as the relevant effect of the Framework Regulation upon Chinese investment and the pending negotiations of the EU-China BIT.
中国对欧盟领土投资的增加引起了欧盟监管机构对欧盟公共安全的担忧。因此,新的《2019/452框架条例》作为一项旨在控制外国直接投资的法律文书获得通过,该条例建立了一个筛选进入欧盟的外国直接投资框架,自2020年10月11日起适用。然而,在欧盟共同商业政策范围内通过的《框架条例》可能不会成为一项有效的法律措施,因为成员国根据资本流动自由和欧盟法院的相关判例适用该条例会引发重大的法律问题。这篇文章广泛讨论了成员国与欧盟委员会之间新引入的合作机制,以及《框架条例》对中国投资的相关影响和即将进行的中欧双边投资协定谈判。
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引用次数: 1
China’s Military and the Belt and Road Initiative: a View from the Outside 中国军队与“一带一路”:一个外部视角
Pub Date : 2019-10-14 DOI: 10.1163/23525207-12340040
J. Andresen
China’s Belt and Road Initiative (BRI) is the largest investment in global infrastructure of all time, easily outpacing the United States’ Marshall Plan following World War II. Despite the BRI’s aspirations, it has been called into question from an increasing range of perspectives. This article focuses on security questions raised from the American perspective. By placing the BRI in historical and global perspective, I will critically evaluate the questions raised by American observers in order to separate the concerns we should take seriously from those that are overblown. The Belt and Road initiative and accompanying military buildup have been heralded as a fundamental change in the global order. Whether that is the case, of course, remains to be seen. What is certain, however, is that the balance of regional economic and military power is undergoing a dramatic change.
中国的“一带一路”倡议(BRI)是有史以来对全球基础设施最大的投资,轻松超过了二战后美国的马歇尔计划。尽管“一带一路”雄心勃勃,但它受到的质疑也越来越多。这篇文章侧重于从美国的角度提出的安全问题。通过将“一带一路”倡议置于历史和全球的视角,我将批判性地评估美国观察家提出的问题,以区分我们应该认真对待的担忧和那些被夸大的担忧。“一带一路”倡议及其伴随的军事建设被誉为全球秩序的根本变革。当然,情况是否如此还有待观察。然而,可以肯定的是,区域经济和军事力量的平衡正在发生戏剧性的变化。
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引用次数: 0
The Changing Perspectives of Chinese Law: Socialist Rule of Law, Emerging Case Law and the Belt and Road Initiative 中国法律视角的变迁:社会主义法治、新兴判例法与“一带一路”倡议
Pub Date : 2019-10-14 DOI: 10.1163/23525207-12340042
Lu Xu
This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s construction of a “socialist rule of law with Chinese characteristics”, such as the emergence of a system of case law. The different components and aspects of such a system, ranging from the guidance cases system published by the Supreme People’s Court, to the largest database of judicial decisions in the world, and the newly established China International Commercial Court under the Belt and Road Initiative could fundamentally alter and structure, nature and principles of Chinese law as we know it.
本文指出并澄清了在法治或法治的讨论中,中英文之间的一些误解。“法治”不是一个中国观众容易理解的概念,因为没有可接受的中文翻译或同等翻译。同时,在英语环境中,“法治”在汉语中不同含义的历史意义和语境意义往往被忽视。与此同时,对中国法律的批判性审查中的抽象往往掩盖了中国建设“中国特色社会主义法治”过程中发生的重大变化,例如判例法体系的出现。这一体系的不同组成部分和方面,从最高人民法院公布的指导案件体系,到世界上最大的司法判决数据库,以及“一带一路”倡议倡议下新成立的中国国际商事法院,都可能从根本上改变我们所知的中国法律的结构、性质和原则。
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引用次数: 0
India’s Approach to China’s Belt and Road Initiative—Opportunities and Concerns 印度对中国“一带一路”倡议的态度——机遇与关切
Pub Date : 2019-10-14 DOI: 10.1163/23525207-12340041
Mala Sharma
China’s Belt and Road Initiative (BRI) as a geoeconomic vision and geopolitical strategy is closely watched and scrutinised by Indian economists, diplomats, and strategists. Perspectives on India’s approach to the BRI can broadly be classified into three—the optimist, the sceptic and the cautionary. Whereas, economists generally appear optimistic, there is a sense of uneasiness within India’s strategic community that the BRI represents much more than China’s ambition to emerge as an economic leader in the region. This article argues that India’s approach to the BRI has largely been pragmatic, cautious and complex. Accordingly, India has taken an atomistic approach to the various components of the BRI depending on its security and economic needs, which explains why on the one hand India has become increasingly receptive of the Bangladesh-China-India-Myanmar Economic Corridor (BCIM EC) and on the other continues to publicly oppose the China-Pakistan Economic Corridor (CPEC).
中国的“一带一路”倡议作为一种地缘经济愿景和地缘政治战略,受到印度经济学家、外交官和战略家的密切关注和审视。对印度“一带一路”倡议的看法大致可以分为三种:乐观派、怀疑派和谨慎派。尽管经济学家普遍持乐观态度,但印度战略界却存在一种不安感,即“一带一路”倡议所代表的远不止中国成为该地区经济领袖的雄心。本文认为,印度对“一带一路”的态度在很大程度上是务实、谨慎和复杂的。因此,印度根据其安全和经济需求对“一带一路”的各个组成部分采取了原子式的态度,这解释了为什么印度一方面越来越接受孟中印缅经济走廊(BCIM EC),另一方面继续公开反对中巴经济走廊(CPEC)。
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引用次数: 13
China’s Eurasia: the Belt and Road Initiative and the Creation of a New Eurasian Power 中国的欧亚:“一带一路”倡议与创建欧亚新大国
Pub Date : 2019-10-14 DOI: 10.1163/23525207-12340039
Tom Harper
The Belt and Road Initiative alongside the Shanghai Cooperation Organisation are the latest phase of China’s return to the Eurasian landmass after the collapse of the Soviet Union. China has reshaped Eurasia in several ways, which includes the common definition of this concept, which had largely been perceived as a chiefly Russian entity. This is rooted in Halford Mackinder’s The Geographical Pivot of History, which depicted the Eurasian landmass as a threat to Britain’s maritime hegemony with the advent of rail. While the traditional focus had been on Eurasia as the Russian empire, Mackinder also alluded to a Eurasian empire created by ‘Chinese organised by Japanese’ as a result of the latter’s development during the Meiji Restoration. While this did not come to pass, it has become an imperative to consider the notion of an Asian power in Eurasia due to China’s rise.The purpose of this paper is to argue that China is as much a Eurasian power in the vein of Mackinder’s theories as Russia is, with the BRI providing a potential opportunity to further integrate with Eurasia. In addition, the initiative is also symbolic of China’s bid to create an alternative order both in Eurasia and the wider world as part of its global role to challenge the dominance of the United States, which raises the spectre of Mackinder’s warning over a challenger emerging from the Eurasian Heartland.
“一带一路”倡议倡议和上海合作组织是苏联解体后中国重返欧亚大陆的最新阶段。中国在几个方面重塑了欧亚大陆,其中包括对这一概念的共同定义,这一概念在很大程度上被视为一个主要的俄罗斯实体。这源于哈尔福德·麦金德的《历史的地理支点》,该书将欧亚大陆描述为随着铁路的出现对英国海洋霸权的威胁。虽然传统上的焦点是作为俄罗斯帝国的欧亚大陆,但Mackinder也暗示了“日本人组织的中国人”在明治维新期间发展而创建的欧亚帝国。虽然这并没有实现,但由于中国的崛起,考虑在欧亚大陆建立亚洲大国的概念已成为当务之急。本文的目的是认为,根据麦金德的理论,中国和俄罗斯一样是欧亚大国,“一带一路”倡议为进一步融入欧亚大陆提供了潜在的机会。此外,这一举措也象征着中国试图在欧亚大陆和更广泛的世界建立一个替代秩序,作为其挑战美国主导地位的全球角色的一部分,这引发了麦金德对来自欧亚心脏地带的挑战者的警告。
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引用次数: 4
A Human Rights Focus to Upgrade China’s International Lending 聚焦人权提升中国国际借贷水平
Pub Date : 2019-03-15 DOI: 10.1163/23525207-12340038
J. P. Bohoslavsky
This article offers, using a human rights approach, an in-depth analysis of the functioning of the China’s regulatory framework applicable to external lending through national and international financial institutions as well as concrete proposals to enhance that framework. The article describes and critically assesses the institutional and legal framework of the Chinese international lending and outbound investment, it studies the main trends in the Chinese lending to developing countries in the context of the Chinese “Going Global” strategy, and it presents the human rights impact of external lending and outbound investments in terms of both their positive effects and good practices as well as challenges and concerns. A particular attention is paid to the case of the new pertinent multilateral development banks: New Development Bank and Asian Infrastructure Investment Bank. After presenting the conclusions the article ends proposing for discussion recommendations addressing a wide range of stakeholders.
本文运用人权的方法,深入分析了中国适用于通过国家和国际金融机构对外借贷的监管框架的运作情况,并提出了加强该框架的具体建议。本文描述并批判性地评估了中国国际借贷和对外投资的制度和法律框架,研究了中国“走出去”战略背景下中国对发展中国家借贷的主要趋势,它介绍了外部贷款和对外投资对人权的影响,包括其积极影响和良好做法,以及挑战和关切。特别关注的是新的相关多边开发银行:新开发银行和亚洲基础设施投资银行。在提出结论后,文章最后提出了针对广泛利益相关者的建议供讨论。
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引用次数: 2
[RETRACTED] Evolutionary, Dynamic or Contemporary Interpretation in WTO System? WTO制度的演化、动态还是当代解读?
Pub Date : 2019-03-15 DOI: 10.1163/23525207-12340037
D. Liakopoulos
The evolutionary interpretation of a norm presents a similar nature—even if obviously not identical—to the modification of the law, which is a process that follows an interpretative method that must be particularly careful not to be in contrast with the intention of the states concerned by the rule. Interpretation in practice, in speciem in the World Trade Organization becomes prescriptive to descriptive, since our aim will be to see the theme of evolutionary interpretation through the jurisprudence of the Organization.
规范的进化解释呈现出与法律修改相似的性质——即使显然不完全相同——这是一个遵循解释方法的过程,必须特别小心,不要与与规则有关的国家的意图形成对比。在实践中,特别是在世界贸易组织中,解释从说明性变成了描述性,因为我们的目的是通过本组织的法理来看待渐进式解释的主题。
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引用次数: 0
期刊
The Chinese Journal of Global Governance
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