投资资本权利扩张与管制的辩证法--FTAA投资规则的规范分析

文章对FTAA有关投资规则进行了规范分析,并在与NAFTA有关规定进行比较的基础上,对FTAA投资规则草案所反映的投资资本权利扩张和东道国对其的管制之间的博弈关系进行了思考.     

公共服务民营化的目标原则与政策供给

我国公共服务民营化目前还处在起步和探索阶段,推进其健康发展就要制定明确的目标、原则与相应的政策支持来进行战略布局,使公共服务民营化在政府规制的模式下,以准市场制度环境蓬勃发展,使公共服务民营化的推进具有制度安排的路径。     

Long-Term Performance Following Rights Issues and Open Offers in the UK

Abstract:  This study finds evidence of significant long-term underperformance following rights issues made during 1986-95 in the UK. The findings are resilient to a number of methodological controls. In contrast, our results for a smaller sample of open offers made during 1991-95 show strong positive performance over a 5-year post-issue period, implying that firms making open offers had better growth prospects than firms making rights issues. During 1986-90, a period when open offers were rarely used, firms appeared to be making rights issues to exploit overvaluation. However, this was not evident for rights issues made during 1991-95, a period when open offers were more commonly used.     

构建我国进城务工人员社会保障制度体系的思考

从进城务工人员这个群体的特殊性出发，构建他们的社会保障制度必须要从我国城乡社会保障及其对接角度通盘考虑。通过建立进城务工人员双重社会保障制度，逐步实现城乡社会保障制度的对接。这既关系进城务工人员的权益问题，也关系城乡社会保障衔接问题，更关系着我国社会保障制度一体化目标的实现问题。     

Control of intellectual assets in client relationships: implications for innovation

This empirical study of business‐to‐business service firms examines the determinants and effects of control rights to intellectual assets in a property rights theoretic framework. Regression analyses using survey data suggest that service suppliers that retain control over their intellectual output are more innovative. In long‐term relationships, service firms' clients may thus be better off balancing their need to control outsourced activities with the suppliers' incentives to invest in learning and innovation. Additionally, and aligned with property rights theoretic predictions, service suppliers' bargaining power and their indispensability in service projects are positively associated with their ability to retain control rights. In contrast, innovation capabilities are not very significant in determining control rights allocation between service suppliers and their clients. Copyright © 2008 John Wiley & Sons, Ltd.     

Strategic Behavior and Consolidation in the Agricultural Biotechnology Industry

We develop a model explaining the consolidation patterns in the agricultural biotechnology industry. Among different consolidation and cooperation mechanisms, we consider collaborative and licensing agreements, joint ventures, acquisitions, and exchanges of ownership and spin-offs. The key results derive from the benefits of coordinated actions, distinction between transferable and nontransferable payoffs, the substitutability, complementarity, and the importance of the managers' noncontractible investments, and access and expansion of markets. Results from the model are used to examine the cooperation and consolidation activities for four major players in the agricultural biotechnology industry, DuPont , Dow Chemical , Monsanto , and Novartis .     

Codes of Conduct in Subcontracting Networks: A Labour Law Perspective

In the past ten years, many European companies organised into subcontracting networks have decided to adopt codes of conduct to regulate labour relations and to ensure the respect of fundamental social rights. This paper first determines the context and the issues to be addressed by codes of conduct within networks of companies, and second analyses the terms under which they can be implemented. The paper argues that codes of conduct can complement the standards developed by States, the European Union or the social partners, but that steps should be taken in order to avoid that these texts replace the existing labour law.     

Integration of collective bargaining and formal worker participation processes: Boon or barrier to worker rights?

Many employers are extending workplace rights by allowing for more employee voice in decision making. Numerous unionized organizations have established formal worker participation processes to help achieve this end and to improve organizational performance. Based largely on theory, such processes are normally designed to operate independently from the bargaining process. The purpose of this study was to examine the relationship between participation and bargaining processes, and the effect of this relationship on workplace satisfaction. A total of 712 Midwest union officials were surveyed, and the results indicate that the processes tend to become integrated in the workplace. Further, union officials' workplace satisfaction was greater where formal worker participation is institutionalized within the bargaining process.     

Drug testing and the law

This article examines judicial and administrative rulings and legislation involving or related to the issue of drug testing in the workplace. It discusses the rights of employees in the public and private sector: constitutional rights; federal, state, and local statutory rights; rights of unionized employees; and common law rights. It analyzes both the current state of the law and future directions the law may take, as courts and administrative agencies decide more cases and governmental bodies continue to pass drug testing legislation.     

Individual rights and organizational theory

Rights are very important concepts in everyday life. And they are especially important to participants in organizations. Yet, our theories of organization and management have largely ignored rights — stressing, instead, other concepts, such as goals, roles, etc. This article describes the historical significance of rights and their relevance in understanding social behavior. The advantages of a right-based organizational theory (versus traditional goal-based theories) are discussed.This article draws on the author's forthcoming book,A Social-Contract Theory of Organizations (University of Notre Dame Press, 1988).