Technology and Rights

What do we know about technology and rights? This article provides a fairly comprehensive overview of current issues regarding this topic. We explore and analyse a wide spectrum of rights that are challenged in this current era of technological convergence. We use the United States Bill of Rights as an example of the vulnerability of legal protections for rights against particular political and technological changes in this post 9-11 climate. New streams of rights acting as a safeguard against further incursions of technology into civil liberties are explored. We also address intellectual property rights and international trends in copyright, patent and trademark laws. We question whether these issues of technology and rights have a place in current technological literacy scenarios.     

企业主体性产权理论的构建 --相关和自主统一的属性所有权

企业是市场经济活动的主体，应该具有其主体属性，并且正是其主体属性决定它的主体地位和作用，并形成主体性产权。但是，学术界缺乏对这个问题的研究，主要是因为受西方经济学传统的限制，要突破这种限制必须把经济学与管理学结合起来进行研究，以构建企业主体性产权理论。企业主体性产权是其相关属性产权与自主属性产权的统一。企业相关属性及其产权是基础和结果，主要说明企业主体性产权的共性；企业自主属性及其产权是原动力和境界，主要说明企业主体性产权的个性。它们的互补和统一突出地体现在企业家及其产权上。企业主体性产权的目的是在防止“蛋糕”缩小的同时把“蛋糕”做大，其核心是基于相互关系的约束而进行自主创造的激励，其模型的运行特点是协同一自主创造。企业主体性产权理论的应用，可以保证和促使中国企业循着超越自然历史发展。     

Have labour practices and human rights disclosures enhanced corporate accountability? The case of the GRI framework

This paper critically evaluates Transnational Corporations’ (TNCs) claimed adherence to the Global Reporting Initiative (GRI)’s ‘labour’ and ‘human rights’ reporting guidelines and examines how successful the GRI has been in enhancing comparability and transparency. We found limited evidence of TNCs discharging their accountability to their workforce and, rather, we found evidence to suggest that disclosure was motivated more by enhancing their legitimacy. TNCs failed to adhere to the guidelines, which meant that material information items were often missing, rendering comparability of information meaningless. Instead, TNCs reported large volumes of generic/anecdotal information without acknowledging the impediments they faced in practice.     

Independent directors and earnings management: The moderating effects of controlling shareholders and the divergence of cash-flow and control rights

The research results on the suppressing effect of independent directors on earnings management are not consistent in existing literature. In addition, it has been argued that using financial statements provided by top management to investigate top management's earnings management is not appropriate. Therefore, the purpose of this study is twofold. First, we used external auditors (including the auditors of Taiwan Stock Exchange Corporation and the auditors of two Big Four accounting firms – Deloitte & Touche and KPMG in Taiwan) as respondents in order to obtain less biased data. Second, we investigate the moderating effects of controlling shareholders and the divergence of cash-flow and control rights on the relationship between independent directors and earnings management. The results show that both the existence of controlling shareholders and the divergence of cash-flow and control rights have significant suppressing effects on the relationship between independent directors and earnings management. Theoretical and practical implications are also discussed.     

Inequality and Income Distribution in Global Value Chains

Global value chains (GVCs), led by transnational corporations (TNCs), have reshaped the world division of labor over the past two decades. GVCs are pervasive in low technology manufacturing, such as textile and apparel, as well as in more advanced industries like automobiles, electronics, and machines. This hierarchical division of labor generates wild competition at the lower value-added stages of production, where low wages and low profit margins prevail for workers and contract manufacturers in developing countries. At the top of the hierarchy another kind of competition prevails, centered on the ability to monitor and control intellectual property rights related to innovation, finance, and marketing. We argue that GVCs have had crucial effects on income inequality and the appropriation of rents in modern capitalism.     

The Dutch urban ground lease: A valuable tool for land policy?

Once heralded by both liberals and socialists as a tool for Dutch municipal governments to prevent land speculation and to implement spatial policies, a century later the Dutch ground lease (erfpacht) is now despised by many. The ground lease was the subject of strong debate in the recent past and is likely to remain so. It has been argued that lessees should have the right to become owner of the land, and this ‘right to buy’ has indeed been implemented in the land policies of several municipalities. The Dutch urban ground lease seems to be under serious pressure. Is it outdated or is it still a valuable tool for land policy? Before we answer this question, we firstly will provide an historical overview of Dutch ground lease. Secondly, the different types of ground lease will be elaborated. Thirdly, the focus will be on the urban ground lease used by Dutch municipalities and the developments in the use of this instrument. Fourthly, the recent policy changes will be dealt with, followed by an assessment.     

“暴力征地”现象的产权经济学解释

文章认为国内出现的大量的"暴力征地"现象是由两个原因造成的:一个是中国土地产权的残缺,尤其是土地使用权和转让权的限制,另一个是交易费用,包括量度费用和信息费用,在此基础上推出的两个含义都得到了事实的验证。     

Is there decentralization in North Korea? Evidence and lessons from the sloping land management program 2004–2014

In the 1990s, the Democratic People’s Republic of Korea (North Korea) suffered from severe food shortages and large-scale deforestation, which triggered a stage of rural conservation reform. Since 2004, with support from the Swiss Agency for Development and Cooperation (SDC), North Korea’s Ministry of Land and Environmental Protection (MoLEP) has implemented a Sloping Land Management Program (SLMP). The SLMP established sloping land user groups and granted these groups the right to use marginal land for agroforestry development. This devolution of land rights from state control onto local groups is a landmark in North Korea, and this decentralization initiative has now expanded to over eight counties to involve thousands of households. It has also led to the launch of a National Agroforestry Policy and Strategy. Drawing from both qualitative and quantitative data collected from 2008 to 2014, this paper documents the process and effects of the SLMP. It argues that the decentralization reform in land management has contributed to not only food security with increased food crop diversity and productivity, but also notably forest recovery through an expansion of tree plantations and agroforestry practices on degraded sloping lands. However, an insufficient power transfer in the form of a lack of timber rights granted to the local user groups has hampered the effectiveness of the SLMP. There are also institutional and geopolitical challenges that are limiting further scaling-up of land-use decentralization across the country. The policy implication calls for more international investment as well as national land-use policy reforms in order to promote and facilitate further decentralization of sloping land management and to secure greater use rights for sloping land user groups.     

Un-forgetting walls by lines on maps: A case study on property rights,cadastral mapping,and the landscape of the Kowloon Walled City

This paper demonstrates that the framing of post-war Kowloon Walled City through photos has been dominated by the maps commonly used to represent this Chinese enclave in colonial Hong Kong as a place. Inspired by and extending Wylie’s (2009) argument that emptiness and presence are equally important, this paper uses basic GIS techniques and hitherto unpublished archival materials to help (a) argues that the colonial government’s mindset of clearly defining the spatial boundary of the city, which is a subtle admission of an officially and diplomatically denied otherness in ownership, created the city as a quasi-cadastral unit; and (b) explains how this shaped the framing of the landscape of the city by promoting investment and trade in high-rise housing development units. The government did not destroy its walls. When these were physically destroyed, it did not ignore the walls’ original alignments but treated the city as a planning unit, as if they still existed.     

Regional development and migration in the Lower Basin of the Zambezi River. The importance of property rights

Globalization is associated with pressures and conflicts over natural resources, with migration, urbanization and development. The analyzes these phenomena focusing the Lower Basin of the Zambezi River in Mozambique where external demand over natural resources have been associated with huge projects on transport infrastructures, coal mining and agroforestry, somehow correlated with recurring conflicts. The approach proposes and uses a regional development model that highlights the impacts of the spatial allocation of property rights on income and migration. Results show the importance of resources ownership in the spatial profile of development and social unrest.