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The Analysis of the Digital Economy and Society Index in the EU 欧盟数字经济与社会指数分析
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0032
A. Stavytskyy, G. Kharlamova, E. Stoica
Abstract The paper analyzes the Digital Economy and Society Index (DESI), which characterizes the development of digital economy. Based on the data of 28 European countries for 2013–2018, using the panel regression, we studied the influence of the consumption index growth by the purchasing power parity and unemployment among the active population on the structural units of DESI. It is shown that a 1% increase in the consumption index results in about 0.2 increase in the DESI, and an increase in unemployment by 1% leads to about 0.2 DESI decline. It is also shown that the 98% value of DESI is actually determined by its previous trends, and therefore it is impossible to increase this index rapidly. Some reflections and conclusions are made on the perspective of the developing states, i.e., Ukraine, that is not yet assessed in DESI ranking.
摘要本文分析了数字经济与社会指数(DESI),它表征了数字经济的发展。基于28个欧洲国家2013-2018年的数据,使用面板回归,我们研究了购买力平价和活跃人口失业率对消费指数增长对DESI结构单位的影响。研究表明,消费指数增加1%导致DESI增加约0.2,失业率增加1%导致DESI下降约0.2。研究还表明,DESI 98%的值实际上是由其以前的趋势决定的,因此不可能快速增加该指数。对发展中国家,即乌克兰的观点进行了一些思考和结论,这些观点尚未在经社部排名中得到评估。
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引用次数: 53
Public Influence on Legislative Process in the Problem of De-occupation of Donbas 顿巴斯沦陷问题中的公众对立法进程的影响
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0031
Olena Gilchenco, Yu. Konstantinova, N. Pashina
Abstract In the context of the Ukrainian crisis, the Law ‘On the specifics of state policy to ensure the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Lugansk regions’, which is also called the ‘Law on De-occupation (or Reintegration) of Donbas’, became the key point. After four years of occupation of parts of southeastern Ukraine, the adoption of such a law was necessary, since this particular law formed and legally established the legal and organizational conditions for the resumption of territorial integrity of Ukraine. The importance of this law and the consequences of its adoption caused public involvement on behalf of civic organizations, political analysts, representatives of the academic and economic elite in the process of its discussion. However, due to the small amount of time from the stage of the legislative initiative to the publication of the law, it was not officially discussed by the public. Despite this, the enactment of the law led to an active public debate. Our study is aimed to investigate the degree of public involvement in the political decision-making process and the extent of public influence on lawmaking in Ukraine on the example of this legislative act.
摘要在乌克兰危机的背景下,《关于确保乌克兰在顿涅茨克和卢甘斯克地区临时被占领领土上的国家主权的国家政策细节的法律》,也被称为《顿巴斯解除占领(或重返社会)法》,成为关键。在对乌克兰东南部部分地区进行了四年的占领之后,通过这样一项法律是必要的,因为这项特定的法律形成并从法律上确立了恢复乌克兰领土完整的法律和组织条件。这项法律的重要性及其通过的后果促使公众代表民间组织、政治分析家、学术界和经济精英的代表参与讨论过程。然而,由于从立法倡议阶段到法律公布的时间很短,公众并没有对其进行正式讨论。尽管如此,该法律的颁布还是引发了一场积极的公众辩论。我们的研究旨在以这项立法为例,调查公众参与政治决策过程的程度以及公众对乌克兰立法的影响程度。
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引用次数: 0
The Mesmerizing Journey from Gyeongju to Lisbon: The BRI as a Mechanism of De-bordering, Re-bordering, and Co-bordering 从庆州到里斯本的迷人旅程:“一带一路”是一种去边界、再边界、共边界的机制
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0017
F. Leandro
Abstract This paper argues that the Belt and Road Initiative (BRI) as a de-bordering mechanism makes a positive contribution to border security. Three central concepts—de-bordering, re-bordering and co-bordering—are used to examine the future of borders, and further develop the notion of the “cycle” of borders. This research adopts a political science perspective and combines the theory of borders with the Copenhagen School and Paris School of security, bearing in mind the BRI as an access strategy. Furthermore, the BRI elements of connectivity are central to de-bordering. Finally, this paper maintains that the BRI makes different contributions to border security, that borders are “alive”, and that they are the result of cooperative or antagonistic human interactions in which asymmetry in perception is the leading cause of conflict.
摘要本文认为,“一带一路”倡议作为一种脱边界机制,对边境安全做出了积极贡献。三个核心概念——去边界、重新边界和共同边界——被用来研究边界的未来,并进一步发展边界“循环”的概念。本研究采用政治学视角,将边界理论与哥本哈根学派和巴黎安全学派相结合,并将“一带一路”作为一种准入战略。此外,“一带一路”的互联互通要素是去边界的核心。最后,本文认为,“一带一路”倡议对边境安全做出了不同的贡献,边界是“活的”,是人类合作或对抗互动的结果,其中感知上的不对称是冲突的主要原因。
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引用次数: 2
Freedom of Expression in Ukraine: (Non)sustainable Constitutional Tradition 乌克兰的言论自由:(非)可持续的宪法传统
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0020
T. Slinko, O. Uvarova
Abstract Freedom of expression is one of the prerequisites for the formation and existence of a democratic society; it belongs among the universal values of paramount importance, because it allows not only to freely express own views, but also reveal the potential of the individual. In addition, it is considered (and it is justified) as one of the main and unconditional achievements of the political reform that is being carried out in Ukraine. The guarantee of freedom of expression, which has the highest political normative content, is, on the one hand, the most important asset of an organic constitution, and on the other hand, serves as the main function of the constitution as a legal source that reflects and responds to the interests of civil society. However, the real challenge for the unsustainable constitutional tradition that still retains some signs of the post-Soviet model of regulation is the need to balance freedom of expression under the conditions of threats to national security. What should be the proper mechanism for guaranteeing freedom of expression at the constitutional level? How strong is the danger that the state violates the requirement of constitutionality in the case of restrictions on freedom of expression for the sake of national security? How does the post-Soviet tradition of legal regulation manifest itself in deciding which model of guaranteeing freedom of expression is chosen by the state? What is the role of the tradition of respect for personal autonomy and the value of tolerance of a society in guaranteeing freedom of expression? The article is devoted to finding answers to these questions.
言论自由是民主社会形成和存在的先决条件之一;它属于最重要的普遍价值之一,因为它不仅允许自由地表达自己的观点,而且还可以显示个人的潜力。此外,它被认为(而且是有理由的)是乌克兰正在进行的政治改革的主要和无条件的成就之一。对言论自由的保障,具有最高的政治规范性内容,一方面是一部有机宪法最重要的资产,另一方面也是宪法作为反映和回应公民社会利益的法律源泉的主要功能。然而,对于仍然保留一些后苏联监管模式迹象的不可持续的宪法传统来说,真正的挑战是需要在国家安全受到威胁的情况下平衡言论自由。在宪法层面保障言论自由的适当机制应该是什么?在为了国家安全而限制言论自由的情况下,国家违反合宪性要求的危险有多大?后苏联时代的法律规制传统在决定国家选择哪种保障言论自由的模式时是如何表现出来的?尊重个人自主的传统和社会宽容的价值在保障言论自由方面的作用是什么?这篇文章致力于寻找这些问题的答案。
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引用次数: 3
Freedom of Speech under Militant Democracy: The History of Struggle against Separatism and Communism in Ukraine 激进民主下的言论自由:乌克兰反对分离主义和共产主义的斗争历史
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0019
Y. Barabash, Hryhorii Berchenko
Abstract The article is devoted to the experience of the application of a concept of militant democracy in modern Ukraine. This concept is relevant due to the prolonged domination of the communist totalitarian regime until 1991, and also in view of the encroachment on the principle of territorial integrity in 2014. It is argued that Ukraine, formally consolidating separate instruments of militant democracy at the level of the Constitution of Ukraine, almost did not apply such instruments until 2014. The active process of decommunization started in 2014, after the Revolution of Dignity; it was realised, in particular, in the declaration of lustration, as well as the banning of the two communist parties, but the most influential Communist Party remains officially not banned up till now. Also, the two parties, accused of infringement on territorial integrity, were banned in 2014. The issue of differentiation between aggressive words and aggressive actions of parties is analysed. It is argued that representatives of the parties, who during the twenty years of Ukrainian independence openly denied one of the key values of the constitutional order of Ukraine, its territorial integrity, became active participants of the temporary occupation.
摘要本文致力于在现代乌克兰应用军事民主概念的经验。这个概念是相关的,因为共产主义极权政权的长期统治直到1991年,也考虑到2014年对领土完整原则的侵犯。有人认为,乌克兰在乌克兰宪法层面正式巩固了军事民主的独立工具,但几乎直到2014年才实施这些工具。积极的非社会化进程始于2014年,在尊严革命之后;特别是在《光明宣言》和取缔两个共产党中实现了这一点,但迄今为止,最具影响力的共产党仍未被正式取缔。此外,两党被控侵犯领土完整,于2014年被禁止。分析了当事人攻击性言语与攻击性行为的区分问题。有人认为,在乌克兰独立的二十年中公开否认乌克兰宪法秩序的关键价值之一,即其领土完整的各方代表,成为临时占领的积极参与者。
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引用次数: 7
The Impact of Russian Anti-Western Conspiracy Theories on the Status-Related Conflict in Ukraine: The Case of Flight MH17 俄罗斯反西方阴谋论对乌克兰地位相关冲突的影响:以MH17航班为例
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0024
H. Mölder, V. Sazonov
Abstract The Russian Federation has a wide arsenal of tools at its disposal for conducting information warfare to achieve its strategic objectives in the ongoing status conflict with the West. The active exploitation of conspiracy theories has thrived since pro-Kremlin forces started armed conflict against Ukraine in 2013–2014. This article focuses on the crash of Flight MH17, widely used by the Russian media to fabricate various conspiracy theories which make out that the West and Ukraine are responsible for the disaster. This study examines several Russian outlets and TV channels and concludes that the Russian media often used falsified stories and emotional rhetoric in narratives they spread about the crash of Flight MH17. The narratives used to create these conspiracy theories claim that the incident was a Western provocation attempting to generate hostility towards Russia. In disseminating these kinds of conspiracy theories, the pro-Kremlin media created distrust against the West and the Ukrainian government among a larger audience and produced discomfort and disorientation about Western and Ukrainian news.
摘要俄罗斯联邦拥有广泛的工具库,可用于进行信息战,以在与西方的持续地位冲突中实现其战略目标。自2013-2014年亲克里姆林宫的部队开始与乌克兰发生武装冲突以来,阴谋论的积极利用愈演愈烈。这篇文章聚焦于MH17航班坠毁事件,俄罗斯媒体广泛利用该事件编造各种阴谋论,认为西方和乌克兰应对这场灾难负责。这项研究调查了几家俄罗斯媒体和电视频道,得出结论,俄罗斯媒体在传播MH17航班坠毁的故事时经常使用伪造的故事和情感修辞。用来制造这些阴谋论的说法声称,这起事件是西方试图对俄罗斯产生敌意的挑衅。在传播这些阴谋论的过程中,亲克里姆林宫的媒体在更大的受众中制造了对西方和乌克兰政府的不信任,并对西方和乌新闻产生了不适和困惑。
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引用次数: 9
The Impact of ECHR and the Case-Law of the ECtHR on the Development of the Right to Legal Assistance in International Criminal Courts (ICTY, ICTR, ICC) 《欧洲人权公约》和欧洲人权法院判例法对国际刑事法院法律援助权发展的影响(前南问题国际法庭、卢旺达问题国际法庭、国际刑事法院)
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0029
Mykhailo Buromenskyi, V. Gutnyk
Abstract The European Convention on Human Rights and the case-law of the European Court of Human Rights have a significant impact not only on national legal order but also on international criminal courts. The article is dedicated to analyzing that impact in the context of the right to legal assistance. We ascertain the purpose of the establishment of international criminal courts, the specificity of the right to legal assistance in the European system of human rights protection, the impact of the European Convention on Human Rights on the drafting of statutes of the international criminal courts and influence of the European Convention on Human Rights and case-law of the European Court of Human Rights on the interpretation of the right to legal assistance in the international criminal courts. Also the primacy of the right to legal assistance is proved, which is provided in the ECHR to the statutes of international criminal courts. At the same time, the international criminal courts, taking into account the purpose of their establishment and jurisdiction, give additional guarantees of the right to legal assistance.
摘要《欧洲人权公约》和欧洲人权法院的判例法不仅对国家法律秩序,而且对国际刑事法院都产生了重大影响。本文致力于从法律援助权的角度分析这种影响。我们确定了建立国际刑事法院的目的、欧洲人权保护体系中获得法律援助权利的特殊性,《欧洲人权公约》对起草国际刑事法院规约的影响,以及《欧洲人权条约》和欧洲人权法院判例法对国际刑事法院法律援助权解释的影响。此外,《欧洲人权公约》对国际刑事法院规约规定了获得法律援助的权利的首要地位。与此同时,国际刑事法院考虑到其设立的目的和管辖权,为获得法律援助的权利提供了额外的保障。
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引用次数: 1
The Rise of China and Its Implications to Northeast Asia 中国的崛起及其对东北亚的影响
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0015
Wai Ting
Abstract The rise of China has aroused heated debates on whether the country would become the “revisionist” power in challenging the supreme position of the “status quo” power, the United States. This paper aims to examine whether the rise of China would, firstly, empower Beijing to solve the long-term crisis in the Korean Peninsula, and secondly, complicates the picture in solving the difficult historical and political issues in Sino-Japanese relations. It is argued that the increasing economic and military capabilities of China are not instrumental in fostering significant changes within North Korea and in monitoring the external behavior of its leaders. A more nationalistic China which lacks soft power also hinders a favorable solution to the challenges of Sino-Japanese relations.
中国的崛起引发了关于中国是否会成为挑战“现状”大国美国最高地位的“修正主义”大国的激烈争论。本文旨在考察中国的崛起是否会首先使北京有能力解决朝鲜半岛的长期危机,其次使解决中日关系中困难的历史和政治问题变得复杂。有人认为,中国日益增长的经济和军事能力,无助于促进朝鲜内部的重大变化,也无助于监督其领导人的外部行为。一个缺乏软实力的更加民族主义的中国也阻碍了中日关系挑战的有利解决。
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引用次数: 0
Independence or Reunification? The Evolving PRC–Taiwan Relations 独立还是统一?中华人民共和国与台湾关系的演变
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0016
Y. Wong
Abstract The article attempts to examine the relationship between Taiwan, a de facto political entity, and the People’s Republic of China (Mainland China) since 1949, the landmark year when the then ruling party KMT (The Nationalist Party) was defeated by the CCP (Chinese Communist Party) in the Mainland. Essentially, the narrative is focused on the government policies by the two respective political entities. The PRC pledged to unify Taiwan again and subsequently its unification policies are delineated. A two-stage schema is proposed for the analysis, albeit the second stage can be further divided into three phases. As for Taiwan, a five-stage categorization is proposed. Moreover, three sets of factors influencing the cross-Strait relations would be discussed, namely the power dynamics within the PRC, internal development inside Taiwan and the role of the USA. Finally, the implications of the coming of Trump era are outlined.
摘要本文试图考察台湾这个事实上的政治实体与1949年以来的中华人民共和国(中国大陆)之间的关系,1949年是当时执政党国民党(国民党)在大陆被中共击败的标志性年份。从本质上讲,叙事集中在两个政治实体的政府政策上。中华人民共和国承诺再次统一台湾,并随后阐述了其统一政策。虽然第二阶段可以进一步分为三个阶段,但提出了一个两阶段的分析模式。关于台湾,提出了五阶段分类。此外,还讨论了影响两岸关系的三个因素,即中华人民共和国内部的权力动态、台湾内部的发展和美国的作用。最后,概述了特朗普时代到来的影响。
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引用次数: 0
Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes 建立一个保护选举过程中言论自由的法律框架
Pub Date : 2019-09-01 DOI: 10.1515/bjes-2019-0021
B. Mokhonchuk, Pavlo Romaniuk
Abstract In democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.
摘要在民主国家,人们关注言论自由和言论自由问题,以及公共当局在选举中的作用。今天,言论自由和言论自由在国际和国家两级都得到保障。国际社会制定了大量关于言论自由标准的国际协议和“软法律”法案。特别是,《选举事务良好做法守则》规定,尊重基本人权,特别是言论、集会和结社自由是民主选举的第一个一般条件,没有这些权利就不可能有真正的民主。一方面,确保选举期间言论自由的问题是由于允许对候选人进行批评的范围更广以及报道选举过程的重要性造成的。另一方面,这是由于对开展竞选活动的限制以及为选举过程的主体提供平等接触媒体机会的必要性造成的。在这方面,重要的是在自由选举权、言论自由和选举进程主体的其他权利、自由和利益之间找到平衡。本文研究了国家对言论自由和言论自由的法律保障的现代问题,以及在选举过程中保护言论自由和表达自由的国际选举标准。
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引用次数: 1
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Baltic Journal of European Studies
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