我国知识产权保护对FDI技术吸收能力的影响

在知识经济时代,有效知识产权保护制度的建立促进了新知识的产生和经济的增长。一方面,知识产权制度通过影响一国引入FDI的流量,进而对技术吸收能力产生一定的影响;另一方面,知识产权制度通过影响一国引入FDI的质量,进而对一国技术吸收能力产生重要影响。     

A comparison of models for pricing interest rate derivative securities

This paper looks at the different approaches and different models that have been developed to value interest rate-dependent securities, providing a survey of pricing procedures which are based on mathematical models of the term structure. It can be viewed as a reference for the different interest rate models with explicit representations, where they exist, for prices of derivative instruments and an an analysis of their respective advantages and disadvantages.     

Expropriation risk and technology

This paper develops a unified framework to analyze the dynamics of firm investment in countries with poor legal enforcement. The firm's technology edge over the government generates endogenous property rights. Industry variation in the technology gap predicts a sectoral pecking-order of expropriations. Long-run investment distortions may be Pareto superior relative to persistent investment at the static optimum. The dynamics of investment and transfers depend on whether incentives (backloading) or efficiency (frontloading) concerns dominate at the initial division of surplus. An increase in government efficiency may reduce its welfare. The model provides a technology-driven rationale for the widespread use of conglomerate structures in emerging market countries.     

论跨国破产的财产清偿问题

跨国公司在快速兴起的同时也面临着跨国破产问题.作为跨国破产问题的一部分,破产财产的清偿问题已成为业界关注的热点问题.本文首先阐述了跨国破产的定义、破产财产的范围及相关原则,随后以雷曼兄弟的破产案件为例,对跨国破产财产清偿原则作了进一步说明.     

论《物权法》中非依法律行为引起的物权变动

法定非依法律行为可以引起物权消极变动的效力,但出于交易安全考虑,事后进行备案宣示登记是必要的,整体结构安排要和积极变动的登记程序相协调.我国物权法实施过程中应明确规定对因非依法律行为引起的物权变动应该进行登记,考虑对类似强制执行、遗赠扶养协议的受遗赠等特殊情况,在立法上作出一些例外规定.同时,对基于非依法律行为引起的物权变动程序应作出一些具体的规定.     

What tenure security? The case for a tripartite view

In the face of advancing urban informality in the developing world there appears to be increasing consensus that tenure security is an important engine driving settlement development. This has, however, not led to a consensus about what tenure security exactly entails. In both theory and policy, the idea of tenure security for low-income settlement dwellers is encountered in three distinct forms: tenure security as perceived by dwellers, tenure security as a legal construct and de facto tenure security. The main argument of this paper is that much controversy that surrounds the debate arises precisely as a consequence of the indiscriminate use of these different kinds of tenure security. To address this problem, a tripartite conceptualization of tenure security that incorporates its three constituent components (perception, de jure, de facto) and clarifies their interrelations is presented.     

Not Only Gender: More on Debating Markets

The paper by Gudeman and Gudeman on the nature of computer-mediated-communication (CMC) is a valuable contribution. This comment argues that they neglected one important aspect affecting CMC, namely ideology, and suggests that the ''Debating Markets'' exchange had long-term negative impacts on Femecon.     

《公民权利和政治权利公约》与我国的人权保障

中国政府于1998年10月签署《公民权利和政治权利公约》,但至今未报经全国人大批准。主要原因在于我国对人权保障的理解及宪法中的相关规定与该《公约》存在重大差别：对人权来源的认识和规定不同;对＂人民自决权＂的理解存在差异;关于＂平等权＂＂迁徙和选择住所的自由＂＂无罪推定原则＂＂人人有权享受思想、良心和宗教自由＂＂结社的自由＂等方面的规定不同。我国应该加强人权理论研究和宣传教育的力度;完善我国宪法法律关于人权保障的相关制度和机制,逐步推动我国人权保障事业的发展。     

What to do with mushroom pickers in my forest? Policy tools from the landowners’ perspective

Wild mushroom picking is a growing recreational and commercial activity. In Spain, wild mushrooms legally belong to the landowner, who seldom benefits from trade in mushrooms or from their recreational value. Cultural aspects (tradition, picker-related harms) and economic aspects (costly forestry works, income opportunities) constitute elements of the debate on how to deal with mushroom picking. Through a survey of private forest owners in Catalonia (north-eastern Spain), this paper examines their experiences with mushroom pickers, the factors shaping their related policy preferences and their willingness to engage in mushroom reserves.The results show broad support for introducing mushroom picking norms. A regulation would allow outsider pickers to enter private land, but only under certain conditions, i.e. to comply with socio-ecological rules of the area. Among respondents who support the regulation, active land owners who report instances of picker-related harm (both tangible and intangible) tend to support the establishment of a fee system which could be reinvested into forest management. That is also the position of the respondents who perceive mushrooms as a private right, i.e. they believe to have a legitimate right to exclude outsider pickers and, eventually, to raise revenues from that asset. On the contrary, forest owners who conceive mushroom picking as a free-access activity prefer neither to regulate it nor to charge fees. The option to establish a mushroom picking reserve depends on the landholder being a fee-supporter and perceiving instances of harm. Harm, instead, is mainly determined by the perception of congestion of pickers, which in turn is determined by the mushroom productivity of their forest, their level of privacy protection and their involvement to the primary sector. These findings help policymakers to better understand the logic and sensitivities of forest owners in view of designing mushroom picking policies that can effectively solve picker-landowner conflicts.     

知识产权保护与自由贸易的冲突与协调

知识产权保护与自由贸易的冲突由来已久,TRIPS协议实施后,更引发了国家之间尤其是发达国家和发展中国家之间在贸易及其他利益方面的多种冲突,因此发达国家和发展中国家应加强在知识产权保护方面的协调,我国也应采取相应对策以减少知识产权冲突,充分发挥知识产权保护机制的积极作用。