刍议2004版《土地管理法》值得商榷之处

《中华人民共和国土地管理法》是我国土地资源管理和耕地保护最重要的法律之一。该文在深入研究2004年8月28日公布的、经过第二次修正的《中华人民共和国土地管理法》的基础上,对其中10条有关耕地保护条款的严肃性和可操作性进行了探讨。     

How are the precedents of trade policy rules made under the World Trade Organization?

Under World Trade Organization (WTO) dispute settlement, consistent trade policy rules are established through precedents. This study examines how these precedents are created by citations, including how the kinds of cases involved in previous decisions affect the citation frequency. We investigate three determinants of citation, namely, legal, economic, and political factors. The empirical analysis shows that cases having the following characteristics are more frequently cited: violations of WTO rules found, many claims of WTO rule violations, many third-party participants, and a heightened capacity of complainant country retaliation. These suggest that the case law on trade policy is not only generated through legal considerations but also reflects economically and politically sensitive cases, which the WTO may tend to follow in line with its previous decisions.