外资法的选择:南非改革《投资保护法案》

国际投资体系正在遭遇危机，越来越多的国家开始质疑双边投资协定提供的投资者保护制度是否确实有益于增加投资的流动，全球多个国家正在审慎地进行外国投资法的改革。基于此，文章以南非的实践为现实起点，通过概述南非投资保护制度变革的缘由以及深入剖析《投资保护法案》的立法意图，阐明其以国内立法维护公共利益监管权力的法律选择，旨在“一带一路”背景下，为远赴南非的中国投资者提供法律风险的预判，揭示外资法变革对于中国投资者可能产生的影响。对于南非建立新的投资保护制度，其将面临的挑战是如何维持稳定、可预测的投资环境与实现投资保护改革的若干目标之间的平衡。      

论宪法中的行政诉权

中国宪法第41条中的“控告权”不等同于、但包含了“行政诉权”的内涵。宪法中的行政诉权具有两种属性:一是作为公权利的“监督权”，二是作为私权利的侵权后的“救济权”。前者是政治性权利，也是实体性权利，后者是非政治性权利，是典型的程序性权利。这意味着人们长期把行政诉权仅仅作为一种救济权或程序性权利有失偏颇。为了规范行政诉权行使的秩序，行政诉讼法对宪法中的行政诉权在内容上进行了缩限，并在权利的外在形式上体现出程序性特征，但这不意味着行政诉讼法中的行政诉权所继受的权力属性有所改变。     

The role of leadership in shared value creation from the public’s perspective: A multi-continental study

Porter and Kramer’s concept of creating shared value (CSV) has been welcomed as an approach to corporate social responsibility (CSR) among corporations that also provides a practical opportunity for dialogue in public relations, but it has been little examined from the general population’s (i.e., the public’s) perspective. Such scrutiny is important because its findings enable public relations to contribute to the debate and development of CSV from both the public’s and the organization’s viewpoints. Additionally, if public relations professionals understand how the public perceives CSV, they can give a strategic perspective to top management for maximizing moral capabilities of the business and formulate effective communication to promote CSV initiatives. This study investigates whether the public prefers corporations to practice CSV as opposed to intrinsic CSR as a separate pursuit from business interests. It also explores the role of leadership as an influential and ethical construct in implementing effective CSV as perceived by the public. The public’s preference for CSV over intrinsic CSR was revealed in a survey of 1784 participants in the United States (US), Germany, and China. Factor analysis results further suggested that effective CSV competencies of CEOs were construed as a unidimensional concept in the US, but German and Chinese participants viewed it as two-dimensional. The public perceived that leaders’ moral character played a more important, core role in effective CSV than did altruistic and behavioral attributes, across nations. Network analysis of the perceived effective CSV-characteristics provides further implications for CSV communication.     

Explicating trust and its relation to dialogue at a time of divided societies

Values, beliefs, opinions and attitudes on issues (such as religion, LGBTQ, immigration, etc.), and the proliferation of social media platforms have made society not only more diverse but also more divided. Competing and conflicting views and attitudes result in more schisms and disengagement. In addition, conflicts and disagreements on various issues also have resulted in a lack of trust and a reluctance of organizations and publics to engage in meaningful communication. As a result, developing trusting relationships by facilitating dialogues is significant. Trust has been an important construct in past research on organization-public relationships. However, the concept of trust has rarely been discussed in-depth in public relations literature. This special section of Public Relations Review, entitled Enhancing Dialogue and Trust in Diverse Societies, examines whether the current definitions of trust and its dimensions in the public relations literature are adequate in an organization-public dialogic communication setting.     

How publics react to situational and renewing organizational responses across crises: Examining SCCT and DOR in social-mediated crises

The prevalence of social media among networked publics calls for more research regarding how organizations can conduct effective crisis communication on social networking sites. Based on the situational crisis communication theory (SCCT) and the discourse of renewal (DOR) theory, this study examined how social media publics’ sentiments were affected by situational and renewing organizational responses in various clusters of crises. Twitter data of six crises representing three crisis clusters varying in the responsibility attribution (i.e., ambiguous, accidental, and preventable) were collected. We conducted a content analysis on organizations’ official tweets during crises (N = 59) and sentiment analysis on publics’ replies on Twitter (N = 4,340). The results showed that publics’ positive sentiments toward organizations were affected by organizational crisis responses that included instructing information, sympathy, systemic organizational learning, and effective organizational rhetoric. We recommend that crisis managers express sympathy toward publics as well as organizational learning that prevents a crisis from happening again.     

Aesthetics of disaster as decolonial aesthetics: making sense of the effects of Hurricane María through Puerto Rican contemporary art

ABSTRACT

On 20 September 2017, Hurricane María made landfall on Puerto Rico causing unprecedented disaster. From that day onwards, the Puerto Rican multi-layered colonial, social and political context was further complicated by the traumatic acceleration of a human disaster via this natural disaster. This crystalized the urgency of using art as vehicle for (social) catharsis, a practice that continues to be used by individual artists, collectives, community organizations, art projects, and other art institutions on the island and abroad, through mural art, community paintings, art exhibitions, literature, music, and many other aesthetic expressions. This article examines, from a decolonial and critical cultural studies perspective, post-Hurricane María artistic expressions in contemporary art as decolonial aesthetics through the cathartic use of the frame of an aesthetics of disaster. It is argued that, an aesthetics of disaster aims to re-assert an artistic form that is able to accelerate the discursive nullification of a deeply rooted colonial, social and cultural problem by way of art as catharsis inspired by the way that Hurricane María unveiled these problems. The piece briefly contextualizes Puerto Rico, and it examines the idea of Puerto Rican contemporary art as catharsis. Then, it describes how Puerto Rican contemporary art exhibitions and associated aesthetic production are processing urgent post-hurricane issues through three illustrative pieces in exhibitions in PR and abroad in the United States (US). Lastly, decolonial aesthetics is reexamined and re-understood, informed by Édouard Glissant's view expressed in Poetics of Relation which aids to the conclusion that Puerto Rican contemporary art using the frame of an aesthetics of disaster functions as a powerful form of decolonial aesthetics.     

On the almost sure convergence for sums of negatively superadditive dependent random vectors in Hilbert spaces and its application

Abstract

This paper develops almost sure convergence for sums of negatively superadditive dependent random vectors in Hilbert spaces, we obtain Chung type SLLN and the Jaite type SLLN for sequences of negatively superadditive dependent random vectors in Hilbert spaces. Rate of convergence is studied through considering almost sure convergence to 0 of tail series. As an application, the almost sure convergence of degenerate von Mises-statistics is investigated.     

人类解放的终极关怀：论马克思解放论的本体论追求

解放论是马克思主义哲学中的“元问题”，其根本在于实现每个人的自由而全面发展。传统本体论表征着人类摆脱自身的无根化、追寻存在根基的终极关怀，它构成了理解解放论的终极追求的思想前提。马克思关于人类解放的思想与其本体论的演化逻辑是一致的，是在马克思劳动本体论思想的形成过程中逐步展现的。正确地认识资本逻辑运动的辩证规律，才能真正抓住马克思解放论的革命性之所在，从作为人的现实实践活动的生产劳动出发，不断超越现实的资本与劳动之间生产关系，去构建新的通往未来的共产主义的终极道路。     

全球价值链背景下加工贸易企业升级路径分析

金融危机以来国际贸易保护主义色彩浓郁，中国内部粗放型经济增长方式存在一定的不可持续性和人口红利开始逐渐消失，中国加工贸易嵌入发达国家主导的全球价值链低附加值和低生产率问题引起了学者的注意。随着外部贸易环境、国内新常态要素禀赋结构的变化和深化供给侧结构性改革的需要，推动加工贸易企业升级已经成为中国经济结构调整的一个重要部分。通过分析中国加工贸易的起源、发展和现状，描述全球价值链背景下加工贸易的若干特征和“低端锁定”问题，引出了融资约束对企业经营决策、出口行为以及企业全球价值链上地位的影响，并围绕以生产过程、产品升级和功能升级为主的产业内升级和以劳动密集型向技术密集型转变为特征的产业间升级两个角度，提出了中国加工贸易企业在全球价值链上攀升的路径。研究认为，着重强调人力资本积累、本土企业技术外溢的吸收能力以及自主研发能力的培养，同时结合国际产能合作和“一带一路”倡议等现实背景，实现东西双向开放，塑造以我为主的包容性的区域价值链和国内价值链等，是中国加工贸易企业升级的路径和新机遇。     

World Social Forum – possible perspectives

ABSTRACT

In the first part of this essay, I reflect on the divergences of opinion that have always existed in the process of the World Social Forum. This first part was written before the elections in Brazil last autumn. Since then Jair Bolsonaro has been installed as president of Brazil and the divergences I discuss in that first part have cooled down, at least in Brazil. Nevertheless, it remains important to record those divergences when we try to take further our debate about the future of the WSF process, as I do here as well, in the second part of my essay.