第一次石油危机后国际能源政治的情境变迁

国际政治的参与情境决定行动者的博弈行为类型，参与情境变迁将导致行动者行为发生变化。能源安全是国家对外政策的核心议题之一。1973年爆发的第一次石油危机，凸显了能源安全问题的重要性，改变了二战后国际能源政治的参与情境，构建了行动者新的博弈类型，调整了国际能源政治行动者的博弈策略。为了有效应对国际能源政治的情境变迁，美国通过协调与其他国家的能源关系，设置能源安全国际议程，最终确定了新的国际能源秩序。当前，我国在积极参与国际能源合作的过程中，第一次石油危机后国际能源政治的情境变迁以及国际社会的应对策略具有十分重要的启示意义。     

Who Should Pay for Interdependent Risk? Policy Implications for Security Interdependence Among Airports

We study interdependent risks in security, and shed light on the economic and policy implications of increasing security interdependence in presence of reactive attackers. We investigate the impact of potential public policy arrangements on the security of a group of interdependent organizations, namely, airports. Focusing on security expenditures and costs to society, as assessed by a social planner, to individual airports and to attackers, we first develop a game-theoretic framework, and derive explicit Nash equilibrium and socially optimal solutions in the airports network. We then conduct numerical experiments mirroring real-world cyber scenarios, to assess how a change in interdependence impact the airports' security expenditures, the overall expected costs to society, and the fairness of security financing. Our study provides insights on the economic and policy implications for the United States, Europe, and Asia.     

Does a universal non-contributory social pension make sense for rural China?

China’s pension reform during the past three decades has allowed a majority of China’s population to be covered by a pension scheme. Of particular note has been the New Rural Pension Scheme (NRPS), a voluntary programme introduced starting in 2009. One goal of our analysis is to assess that pension scheme, using a variety of sources of information including data drawn from recent (2013 and 2015) nationwide China Health and Retirement Longitudinal Surveys (CHARLS). Our analysis involves an exploration of differences between the generosity and structure of the NRPS and other pension schemes currently in place. We also explore the feasibility of reforming the current “quasi-social pension” component of the NRPS by substituting a universal non-contributory social pension pillar. In connection with our assessment of the NRPS, we note the unusually low benefit levels for rural China.     

A Decision Framework for Managing Risk to Airports from Terrorist Attack

This article presents an asset‐level security risk management framework to assist stakeholders of critical assets with allocating limited budgets for enhancing their safety and security against terrorist attack. The proposed framework models the security system of an asset, considers various threat scenarios, and models the sequential decision framework of attackers during the attack. Its novel contributions are the introduction of the notion of partial neutralization of attackers by defenders, estimation of total loss from successful, partially successful, and unsuccessful actions of attackers at various stages of an attack, and inclusion of the effects of these losses on the choices made by terrorists at various stages of the attack. The application of the proposed method is demonstrated in an example dealing with security risk management of a U.S. commercial airport, in which a set of plausible threat scenarios and risk mitigation options are considered. It is found that a combination of providing blast‐resistant cargo containers and a video surveillance system on the airport perimeter fence is the best option based on minimum expected life‐cycle cost considering a 10‐year service period.     

食品安全犯罪的法律归属再探讨

新近学界泛起将食品安全犯罪的法律归属调整到危害公共安全罪的观点，其立论的最大“法宝”在于食品安全犯罪侵害了不特定多数人的健康生命权，即公共安全。其实，“危害后果严重”不是判断主要客体的依据，食品安全犯罪的法律归属取决于其行为特性和本国立法价值取向及立法传统。食品安全犯罪与传统的危害公共安全罪不具有兼容性，将其归属于生产、销售伪劣商品罪并无不妥。     

Portfolio Analysis of Layered Security Measures

Layered defenses are necessary for protecting the public from terrorist attacks. Designing a system of such defensive measures requires consideration of the interaction of these countermeasures. In this article, we present an analysis of a layered security system within the lower Manhattan area. It shows how portfolios of security measures can be evaluated through portfolio decision analysis. Consideration is given to the total benefits and costs of the system. Portfolio diagrams are created that help communicate alternatives among stakeholders who have differing views on the tradeoffs between security and economic activity.     

论电子商务法基本原则

电子商务法学界对电子商务法基本原则的认识仍存在种种分歧和不足.技术中立原则只是民法平等原则的细化,不能成为电子商务法基本原则.在梳理国内现有理论研究并汲取合理成分的基础上,以法律基本原则的原理为基础,从电子商务法解决的核心问题是在非面对面交易环境中,如何确保当事人能够获得商品和价款出发,提出电子商务法基本原则是安全原则.功能等同是判定利用新型信息技术所实施的法律行为有效与否的标准,是安全原则的重要外延和具体化.安全原则要求第三方电子商务平台针对平台内发生的第三方侵权行为负有合理的注意义务.在安全原则指引下,技术中立非绝对,应包含国家安全等例外规则.     

国际海洋法法庭迅速释放问题研究

国际海洋法法庭自成立以来共审理了9个迅速释放案件,其中6个案件判决被告沿海国迅速释放被扣押船只和船员,从而有效地解决了沿海国和船旗国之间的争议。因联合国海洋法公约迅速释放相关规定的模糊性,以及国际海洋法法庭在保证金合理性判断标准和实质性审查问题上所采取的非一致性立场,在迅速释放问题上尚未形成习惯法。应该肯定的是,国际海洋法法庭的司法实践对沿海国相关法律制度的完善起到积极作用。本文认为,为维护我国海洋权利不受非法侵犯,应及时修改和完善我国渔民被外国执法扣押时的国家援助制度,以及解决迅速释放时的保证金制度问题。     

Reinvigorating the social contract and strengthening social cohesion: Social protection responses to COVID-19

The COVID-19 pandemic has exposed the vulnerability of those who are inadequately covered by social protection in more and less developed countries alike, and has exacerbated the fragility of a social contract that was already under strain in many countries. A weak social contract in the context of an exceptional crisis poses a very real risk to social cohesion. Nevertheless, many States have reasserted themselves as the guarantor of rights by protecting public health and incomes. By sustaining these measures, economic recovery will be supported which will help minimize risks that may weaken social cohesion. However, this is a fast-moving, inherently unstable and protracted crisis. Social protection stands at a critical juncture. Decisive policy action will be required to strengthen social protection systems, including floors, as one of the cornerstones of a reinvigorated social contract.     

Defender–Attacker Games with Asymmetric Player Utilities

The presence of strategic attackers has become an important factor in the security and protection of systems, especially since the 9/11/2001 attacks, and considerable efforts have been dedicated to its study. When defending against the strategic attacker, many existing studies assume that the attacker would seek to minimize the defender's utility, which implies that the defender and attacker have symmetric utilities. However, the attacker's objective is determined by its own valuation of the system and target of the attack, which is not necessarily consistent with the defender's utility. If the attacker unexpectedly targets a different utility, then the defense strategy might no longer be optimal. In particular, the defense strategy could be inferior if the attacker's utility is not known to the defender. This study considers a situation where the defender's utility is the system survivability and the attacker's utility is the expected number of destroyed elements in the system. We investigate possible attack strategies under these two different utilities and compare (a) the conservative defense strategy when the attack utility is unknown to the defender with (b) the optimal defense strategy when the attack utility is known to the defender. We show that the conservative protection strategy is still optimal under asymmetric utilities when the contest intensity is smaller than one.