人民币跨境流动自由度的测算——基于资本项目名义开放指数的借鉴

长期以来,人们只看重货币国际化结果,以占全球贸易计价结算比重、外汇交易比重、国际债券比重、外汇储备比重等相关指标衡量一国货币的国际化程度,而忽视货币跨境流动放松过程,即一国货币的跨境流动自由化程度。货币国际化是一个过程又是一种结果,包含进程和结果两个层面,在货币国际化进程中,过早过快放松本币流出入会引发经济金融风险,某些情形下进程比结果更值得关注。构建人民币跨境自由度指数涉及强度赋值、项目设置和权重确定三方面内容。在梳理2019年第2季度前我国货币政策基础上,对2008年至2019年经常项目下的人民币跨境流动自由度、证券投资项目下的人民币跨境流动自由度以及资本项目下的人民币跨境流动自由度进行评估,并以美国近5年各项目下的资金流动平均占比为权重,构建了人民币跨境流动自由化指数,考察2008—2019年人民币跨境流动自由化程度,结果显示人民币国际化进展较快,跨境流动已得到很大程度放松,而且人民币流入自由程度显著高于流出自由度。我国人民币国际化进程应持续遵循先经常项目后资本项目、先流入后流出、先机构后个人、先大额后小额、先风险小项目后风险大项目的次序,提高人民币跨境流动的稳定性,降低无序流动的投机风险;严格管控证券投资、其他投资、衍生品项目下人民币跨境流动,并依据我国利率市场化程度、金融市场发达程度及审慎监管能力进行调整;大力提升经常项目的人民币结算比重,发展人民币离岸市场,提高非居民间的人民币使用频率和使用规模;充分评估各项目下人民币跨境流动和本外币兑换自由度,提高两者的协同匹配程度,降低因两者不匹配而产生的负面影响。     

论物保与人保并存纠纷中债权实现之顺位——以近五年来类案实证研究为基础

当前,物保与人保并存纠纷不断涌现，相关裁判时常冲突，引发社会关注。围绕当前物保与人保并存纠纷债权实现条款模式、关于物保与人保并存债权实现顺位之理解、债权人是否放弃物保之认定等相关问题，对近五年来最为主要的类案进行实证分析与比较研究可见，处理物保与人保并存纠纷，应当根据物保相对优先的精神，对保证人是否就放弃物保优先抗辩权重点作出判断，据此就物保与人保提供者的责任顺位作出正确裁决。     

Shariah compliance and corporate cash holdings

This study investigates the influence of Shariah compliance status on cash holding levels and the speed of adjustment of non-financial listed firms in six Gulf Cooperation countries from 2005 to 2016. The results show that Shariah compliance status has a significant effect on firms’ cash holding decisions. Shariah-compliant firms have significantly higher cash holding levels than non-Shariah-compliant firms. Further, Shariah-compliant firms adjust more quickly towards their target cash holdings than their conventional counterparts. In our view, Shariah-compliant firms are subject to multiple restrictions that limit their external financing channels. Therefore, holding larger cash reserves is important as it helps gain from the transaction cost motive of holding cash. The findings of this study have important implications for regulators, investors and managers. To the best of our knowledge, this study is the first to compare the effect of Shariah compliance on firms’ cash holdings and the speed of adjustment towards the trade-off theory’s optimal cash holding target.     

Risk Preferences and Gender Differences in Union Membership in Late Nineteenth-Century Swedish Manufacturing

Women are generally seen as less inclined to join trade unions. This study matches firm–worker data from the Swedish cigar and printing industries around 1900 and examines information on men and women holding the same jobs; such data are rare but important for understanding gender gaps. The results explain the gender gap in union membership among compositors, but not among cigar workers. Differences in union membership varied considerably across firms, with the largest differences found in low-union-density cigar firms where indirect costs (that is, uncertainty and risk) accrued in particular to women workers. The lack of gender differences in mutual aid membership indicates that women were not hard to organize but avoided organizations associated with greater risk for employer retaliation and uncertain returns according to a cost–benefit analysis.     

三维视角下农民土地财产权的实现

研究目的:从时间性、社会性、空间性三维解读农民土地财产权的基本特征,进而探究其实现路径。研究方法:规范分析法、文献研究法。研究结果:(1)农民土地财产权由国家配置,呈现出开放性结构;(2)农民土地财产权本质上具有关系性,负有社会功能;(3)农民土地财产权受土地属性限制,在个人自治与公共利益互动平衡中动态发展。研究结论:农民土地财产权需要双重实现,公法上可以从基本权利的功能入手限定国家干预范围;私法上确立其独立民事权利地位,并借助集体成员概念明确成员权利和成员义务。     

Economic Competition,Policy Interdependence,and Labour Rights

Extant scholarship treats national policies concerning labour rights as a function of economic factors and yet neglects influences of policies among economically competing states. Relying on the policy interdependence theory, this study argues that labour rights policy in a state is dependent on its economic competitors’ labour policy decisions. It specifically maintains that the intensifying competition for foreign direct investment and exports as well as against imports channels negative externalities of deteriorating labour protection in competing states which drives expansive downward policy mimicking and leads to a global decline in labour rights – a race to the bottom. Utilising spatial econometric technique to analyse a new data on labour rights for the period 1994–2009, it finds that labour rights practices are interdependent among economic competitors and experience global deteriorations; whereas labour rights laws remain largely independent due to high policy and reputational costs of lowering them and show more fluctuations.     

Does forced migration increase regional human rights commitment? The cases of Malaysia and Thailand in ASEAN

ABSTRACT

Why do non-democratic governments commit to human rights on a regional level? We argue that the negative externalities of political repression, operationalized as large amounts of transnational refugee flows, affect states’ willingness to commit to human rights. Neighbouring governments commit to human rights to send a signal to their repressive neighbours that repression will no longer be tolerated. We use official UNCHR data, a number of other secondary sources, as well as congruence analysis and process tracing to demonstrate the relevance of the theory for the Association of Southeast Asian Nations (ASEAN) and Malaysia and Thailand in particular.     

Copyright: a systemic marketplace icon

This article argues that copyright is a systemic marketplace icon because of the breadth of its effects on market operations. Copyright determines how intellectual property rights for creative work are allocated between the different actors involved in production and consumption, and must balance the civic priority of public access to creative work with the market-driven principle of rewarding private interests for their effort. This duality tends to polarise opinion about its implementation by rights holders, because very different ideological assumptions underpin civic and market objectives. Copyright discourses reveal how these ideological struggles play out among interested parties, who use the concept of copyright to make arguments about how markets should be structured, how creative work should be exchanged, and how consumers should behave. In the process, copyright is constructed, explained, branded and promoted as an object to which market actors must orient themselves if they wish to conduct themselves appropriately, and as a rationale for material changes to market structures. At the same time, copyright discourses reveal the implications of copyright, which invoke both the market and democracy, for the quality of democracy, the circulation of creativity, and the availability of public knowledge, and help explain why ideological struggles over copyright are so difficult to resolve.     

The impacts of export competition on international technology flows

Knowledge flow is a key to building technological capabilities. This article investigates how competition in international trade affects knowledge flow between countries using patent data and trade data for analysis. The main finding is that export competition in the third market (in our study, the US market) seems to have a positive impact on the flow of knowledge. The findings from this study contribute to the debate on ‘learning-by-exporting’.