反垄断法域外适用依据分析

反垄断法的域外适用包括多种情形,其依据也各不相同.其中由美国首先在司法中确立的“效果原则”对该类适用问题产生了重要影响,一方面对于保护本国的市场环境,效果原则确实具有积极的作用,但其引发的国家间主权和经济利益的冲突也使得该原则的适用受到了限制.对此,各国都采取了很多变通措施,并通过国际合作来缓解这些冲突,这对于我国的相关立法也具有启示作用.     

Environmental protection or subversion in mining? Planning challenges,perspectives and actors at the largest gold deposit in Europe

The gold ores in Roşia Montană have been intensely mined for the last two thousand years, as this mining district was one of the richest gold deposits in the Apuseni Mountains (the so-called Golden Quadrangle of Romania). Itis currently considered the largest gold deposit in Europe. Up until a few decades ago, gold mines had a relatively predictable path, which began with exploration and ended with abandonment. This has since changed, once the impact of abusive past or current exploitation methods and technologies has been deemed unacceptable by the state and the public. With its millennia-old history of mining, Roșia Montană raises the intriguing question of what does the future hold for different actors in a situation that is clearly unsustainable, but which may be continued through environmental rehabilitation, or even a larger mine. We address the question for this particular mine by drawing on a worldwide database of similar cases contained in the Environmental Justice Atlas (EJAtlas). We consider three scenarios, namely: 1) continued degradation with no intervention; 2) approval of large-scale mining, due to international arbitration; 3) environmental rehabilitation. These capture the most plausible future scenarios of the Roșia Montană case and, by relating them to the relevant transnational environmental justice context, we aim at assessing their implications for different actors and also the extent to which they are illustrative for the fate of other mines worldwide. Mine closure and the rehabilitation of the environment, regardless how distant they may seem at the beginning of the prospection and extraction stage, are imminent in the mine life cycle and a mandatory step of the environmental management process. We conclude by suggesting under which governance regimes each scenario is likely to unfold and what implications can be drawn for public policy.     

Innovation and its diffusion: process,actors and actions

Seeking to understand factors affecting innovation diffusion, research has increasingly focused on process, actors and activities. After two decades of research, however, a systematisation of these three sets of studies is still lacking. Thus, this paper contributes to the existing literature providing a comprehensive framework of factors affecting innovation diffusion between organisations. Specifically it evidences phases of innovation diffusion process, clarifies the role of innovator, adopters and intermediaries and evidences actions that policy-makers can implement to support it.     

The restructuring of winter sports resorts in the French Alps: problems,processes and policies

In the French Alps the last decade has been dominated by efforts to regenerate winter sports resorts. This follows an extended period of rapid growth, resulting in the demographic and economic revival of many alpine communities. However, flaws in the process of development were exposed in the late 1980s. Given the huge scale of investment in tourist facilities and the numerous livelihoods dependent on winter sports, restructuring became vital. The present paper analyses the causes of recent problems and evaluates related remedial policies, showing how implementing change can be complicated by the numerous actors involved and their frequently divergent strategies. Copyright © 2000 John Wiley & Sons, Ltd.     

我国网络广告法律问题研究现状

互联网的飞速发展带来了网络广告的异军突起,但其现状却不容乐观,网络广告面临诸多法律问题亟待解决。本文针对网络广告面临的法律问题现状,从网络广告性质及主体的界定、审查机制的缺失、网络违法广告、网络广告侵权问题以及网络广告的法律适用与管辖权问题等五个方面进行了归纳与梳理,并结合中国目前的研究现状展开了评价,以期对我国未来网络广告法律问题的理论构建以及实践活动提供更为重要的借鉴意义。     

Tourism strategies and climate change: rhetoric at both strategic and grassroots levels about growth and sustainable development in Finland

This paper explores how global issues such as climate change are taken into account in tourism strategy texts and contrasts these findings with how the issue is seen at the grassroots level by local businesses. We analyse how both levels approach adaptation to climate change. Using Boltanski and Thévenot's six common “worlds” of justification model for debates on public issues, we analyse the rhetoric of national, regional, and local tourism strategies in Finland and then explore how the rhetoric is employed by interviewing 42 local tourism actors. The strategy analysis shows that strategic documents do not simply describe situations but are active in creating and shaping future development, and how different kinds of “orders of worth” are used, to establish acceptable “universal truths” to shape through consensus how tourism actors think about the sector's future. Results show that at a strategic level, climate change issues are dealt with in an abstract manner, concentrating on the viewpoints of markets and industry, while ecological justification is lacking, and lacks urgency. Operational instructions are not provided for the entrepreneurs. The actors’ interviews show that structural changes in the sector are demanded but both tourism growth and nature's survival are taken for granted.