CISG视角下争议解决费用的分摊

在国际货物销售合同纠纷中,争议解决费用往往是不可忽视的内容。在此基础之上,探讨CISG视角下的争议解决费用分摊问题兼具理论和实际意义。理论和实践中就CISG能否成为分摊争议解决费用的依据存在不同做法。差异背后的深层次原因在于有关方对CISG的立法精神和解释规则存在理解上的不同。本文支持依CISG分摊争议解决费用的观点,因为这不仅更契合于公约的精神,也更能实现公约适用的统一。域外的相关公约实践对我国同样具有借鉴意义。对于我国的有关实践,本文有4点建议:通过合同条款对争议解决费用的分摊加以明确;明确争议解决费用分摊的请求权基础;裁判主体应克服国内法思维,恪守公约精神进行条款的解释与适用;进一步明确争议解决费用分摊的国内法规则,从而实现国际法与国内法适用的统一。     

Domestic political connections and international expansion: It's not only ‘who you know’ that matters

Former politicians on the board of directors bring to the firm domestic political connections and political knowledge. Previous research has mainly highlighted the role of contacts, without fully recognizing the role of political knowledge accumulated at home. By focusing on the effect of domestic political connections on foreign direct investment, we show that domestic political knowledge also shapes foreign expansion. We argue that contacts provided by former politicians may not be useful for foreign expansion whilst their political knowledge can be of help in countries with discretionary governments and with similar institutional environments to the one of the home country.     

In the Bear’s Shadow? Russia’s International Image and Its Influence on Investments of Russian Companies in Post-Socialist Europe

The paper examines Russia’s international image and its influence on investment by Russian companies in post-socialist Europe. Findings are based on the cases of Gazprom’s South Stream Pipeline project, and Sberbank’s acquisition of Volksbank’s Central and Eastern European assets in Hungary and Serbia. The paper demonstrates that international positions and economic interests of two countries determinate decisions regarding investments of Russian companies, while Russia’s image to some extent accelerates these decisions in Serbia. The paper is based on the results of interviews with representatives of business communities conducted in Hungary and Serbia in 2012–2017, professional reports, and official documents.     

China and international market integration: Evidence from the law of one price in the Middle East and Africa

We model market integration in the Middle East and Africa by analyzing price dispersion and testing the law of one price (LOP) on highly-comparable actual local retail prices of 135 goods and services across 23 countries in the region over the period of 1990–2016. Second-generation panel estimators are applied to four price benchmarks: Regional average, South Africa, China, and US prices. Cross-regional price dispersion diminishes considerably over time up to 2008, particularly for non-tradeables around China price. The test of LOP indicates the percentage of convergent prices is highest in China price benchmark, followed by US, South Africa, and regional average benchmarks. Direct estimation of the convergence speed confirms this order. Overall, the results show evidence of increasing market integration in Middle East and Africa but it appears to be driven by global forces and, especially, the rise of China as a new economic power. The results show that some emerging market economies, such as China, can step up and promote integration while traditional economic powerhouses, such as the USA and UK, disengage from international economic relations.     

Size of nested cities

Models of cities based on conventional spatial market theory are unable to replicate a realistic size distribution. The stochastic process approach to size distribution, which assumes proportionate growth, does not provide an economic foundation for spatial trades. There is an apparent irreconcilability. We propose that since there is a continuum of equilibria in models of spatial markets with endogenous location, proportionate growth can work as equilibrium selection. We present computations for an urban configuration that has not been presented in the literature before. A small city locates inside a larger city's agricultural supply zone. This generates a larger variation in city size that may include a realistic size distribution.     

Integrating uncertain user-generated demand data when locating facilities for disaster response commodity distribution

This paper presents a new facility location problem variant with application in disaster relief. The problem is unique in that both verified data and unverified user-generated data are available for consideration during decision making. The problem is motivated by the recent need of integrating unverified social data (e.g., Twitter posts) with data from more traditional sources, such as on-the-ground assessments and aerial flyovers, to make optimal decisions during disaster relief. Integrating social data can enable identifying larger numbers of needs in shorter amounts of time, but because the information is unverified, some of it may be inaccurate. This paper seeks to provide a “proof of concept” illustrating how the unverified social data may be exploited. To do so, a framework for incorporating uncertain user-generated data when locating Points of Distribution (PODs) for disaster relief is presented. Then, three decision strategies that differ in how the uncertain data is considered are defined. Finally, the framework and decision strategies are demonstrated via a small computational study to illustrate the benefits user-generated data may afford across a variety of disaster scenarios.     

面源污染视角下江西省耕地利用效率研究

[目的]在面源污染视角下考察耕地利用效率,可以为推动耕地可持续利用提供理论和参考依据。[方法]文章基于2000—2014年我国13个粮食主产省(区)耕地投入产出的面板数据,运用SBM方向性距离函数将耕地面源污染因素纳入到传统的效率分析框架,从省际比较的维度对江西省耕地利用效率进行了测度与分析。[结果]考虑面源污染因素对耕地利用效率测算产生了一定的影响;江西省耕地利用效率值呈现阶段性特征,耕地利用效率排名比较稳定,近年来排名有上升趋势;江西省耕地利用绩效一般,且与最佳实践者存在较大的差距。[结论]忽视面源污染因素的耕地利用效率评估是失真和不符合实际的,宜将面源污染因素纳入到耕地利用效率的测度框架,以此来更科学地量化评估耕地利用绩效;设计和完善相关政策,以有效控制耕地面源污染;加强与先进省(区)的交流与合作,学习其农业可持续耕作技术与管理经验,进一步推动江西省耕地产出与资源、环境协调发展。     

家庭承包地“三权”分置的制度逻辑探究 ——基于制度需求与供给的视角

研究目的:阐明"三权"分置的制度逻辑,为制度供给的增量调整提供一种思路。研究方法:文献分析法、政策文本分析法。研究结果:当下农民、新型农业经营者出现新的制度诉求,既有土地承包经权营制度不足以满足该需求。承包地制度供给创新要做实承包权,辨明"三权"分置下经营权所处的位置。土地经营权的权利塑造过程应坚持物债二分法,实现物权法、合同法双重法制途径的并重。研究结论:承包地"三权"分置本质上是理论创新问题,辨清"三权"分置的制度逻辑,仍需以实践需求为出发点,新的制度供给是一个增量调整与立法跟进问题。对经营权性质的探讨有必要融入物债二分逻辑,对于短期限的土地经营权,应按照契约自由原则,实行意思主义,权利类型、权利内容经双方自由创设,对长期存续的土地经营权可实现物权化,实行物权法定主义,按照法定规格与程序流转。     

Herding behaviour and the declining value relevance of accounting information: evidence from an emerging stock market

This article sheds light on the underlying mechanisms behind the changes in the value relevance of accounting information in the Karachi Stock Exchange (KSE) during the 1999–2010 period. We find that neither changes in earnings quality nor the earnings lack of timeliness hypothesis can explain the decline in the value relevance of accounting information in the KSE. Based on the stylized facts associated with the growth of the KSE and the broader economics literature, we argue that the reduction in the explanatory power of accounting information vis-à-vis stock returns was caused by herding behaviour. Empirical estimates from state-space model of herding behaviour confirm the existence of herding, and we find that the value relevance of accounting information is significantly lower in periods characterized by herding behaviour. This article is also amongst the first attempts to empirically demonstrate that an expansionary monetary policy and increases in foreign portfolio investment lead to increased levels of herding.     

A Kaleckian Perspective on Financialisation and Distribution in Three Main Eurozone Countries before and after the Crisis: France,Germany and Spain

The purpose of this article is twofold. First, we examine if, and to what extent, a general Kaleckian analysis of the potential effects of financialisation on income shares in advanced capitalist economies is of relevance for the three Eurozone countries under investigation—France, Germany and Spain—in the period before the recent financial and economic crisis. Second, we study changes in the financialisation–distribution nexus that have occurred in the course of and after the financial and economic crisis. We find that the countries examined here have shown broad similarities regarding redistribution before the crisis, although there are some differences in the underlying determinants. These differences have continued during the period after the crisis and have led to different results in the development of distribution since then.