关于定金担保的几个问题

定金作为合同担保的一种方式,经常被加以运用,但由于现行法律这方面的规定较为简单,在实践中易产生理解上的分歧而导致诉讼。文章认为,关于定金担保的标的物,除金钱以外可以扩大至价值具有可度量性的有体物;关于定金合同的成立必须以主合同的成立为前提,主合同不成立,定金合同亦不能成立;关于违约金或定金罚则的选择,应根据合同的约定、违约形态、违约发生阶段或者当事人损失的大小等来加以选择;关于定金罚则的适用,则必须以定金合同的有效为前提,而定金合同的无效,又存在全部无效和部分无效等情形。     

Missing Markets and Redundant Reservoirs

This paper uses a two-sector, two-period,spatial model of groundwater usage withstochastic surface water supply to illustratethe potential for the suboptimal management ofthe timing of groundwater uses. A ``timeprofile externality' is said to exist when thetiming of groundwater extraction by one set ofusers impacts on the time profile of wateravailability to another set of users. Theexistence of the time of use externalitydepends on the presence of importantdifferences in the preferences between thecontrol and non-control sectors. It alsodepends on the absence of the markets thatwould internalise these differences. Oneimportant implication of the existence of suchexternalities is that they can inducesub-optimal insurance investments in the formof water storage capital, i.e., unnecessarysurface water reservoirs.     

Property Rights Reform in Rangeland China: Dilemmas On the Road to the Household Ranch

This paper contributes to the debate over land tenure in rural China by extending its spatial coverage to the country’s extensive rangeland regions. Key characteristics of pastoral tenure, identified from field appraisals in western China, include group tenure and fuzzy boundaries. Although these characteristics give rise to efficiency concerns, from a new institutional economics perspective they also facilitate the realization of certain benefits, benefits that could represent opportunity costs of further exclusiveness. The strengthening of rangeland co-management may constitute a more appropriate path to institutional improvement than the establishment of the household ranch, the current goal of national rangeland policy.     

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.     

日本经济长期萧条的根本原因--在于"政府为特殊利益集团俘虏"吗?

从日本泡沫经济产生的根源、不良债权难以有效解决的原因、结构性经济改革难以推进的制约因素等方面分析，认为“政府为特殊利益访华团俘虏”是造成日本经济长期萧条的根本原因缺乏坚实的现实依据。仅从金融业的层面思考和解决不良债权问题不会从根本上解决该问题，仅从利益再调整的角度分析结构性改革的难度也没有完全理解改革的复杂性。     

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.