TRIPS协议与我国外观设计专利的法律保护

从对TRIPS中外观设计的规定与我国《专利法》相应规定的比较来看 ,我国外观设计制度还有待完善 ,在现有法律基础上应尽快将一些对《专利法》的司法解释上升为法律条文 ;建立非专利保护的外观设计登记制度与《专利法》并行以弥补专利法的缺陷 ;解决好外观设计专利权与著作权、商标权的重叠保护与权利冲突等问题。     

当代跨国公司撤资理论及其新发展

在经济全球化时代，要适应各国经济环境和市场条件的不断变化，跨国公司必须将对外投资的规模和结构进行适当的调整。撤出对某一国家或地区的投资，与维持和增加对另一国家或地区的投资一样，都是跨国公司全球经营战略的重要组成部分。适时撤资的战略可以促进企业资源的优化配置，有利于恢复乃至加强公司的竞争优势。本文对跨国公司撤资理论及其新发展进行了评述。     

From Mothers of the “People's Home” to Biologically Rational Consumers

The aim of the present article is to study how women's alcohol consumption has been defined and contested in the Swedish press from 1955 to 2010 in relation to the development of Swedish society from a social democratic welfare state to a neoliberal competition state. Our material consists of articles published in the largest Swedish national and regional newspapers in 1955, 1965, 1977, 1982, 1995, 2004, and 2010. In the study, we apply Fraser's concepts of recognition and redistribution to analyse how the press contributed to the formation of cultural injustices and counter-claims through its recognition of women's drinking, and how these cultural injustices and counter-claims have conditioned the redistribution of societal resources. Our analysis shows that, during the study period, women were recognized in the Swedish press in limited and stigmatizing subject positions. These dominating representations of drinking women changed over time in an unpredictable way. As collectively shared, widely accepted cultural images, they tended to downplay the possibility of women achieving equal and just participation in cultural interaction, social activities, and healthcare services. In counter-discourses, the possibilities for women to formulate public claims in order to make surrounding structures more “enabling” of their independency, weakened during the study period.     

The Transnational Tilt of the Treadmill and the Role of Trade Openness on Carbon Emissions: A Comparative International Study, 1965–2010

There are various schools of thought regarding the relationship between the environment and economy. Ecological modernization argues that the harmful effects of economic growth and development on the environment decline through time, whereas the treadmill of production and ecologically unequal exchange postulate different perspectives. This study relies on World Bank and World Resources Institute data for the period of 1965–2010. Time‐series cross‐sectional Prais‐Winsten (PW) regression models with panel‐corrected standard errors (PCSE) are employed to examine whether economic growth and trade openness intensified or decoupled in relation to three measures of carbon dioxide (CO₂₎ emissions during this period. The findings of this study indicate that there has been a “tilt” in the treadmill of production—that is, the most environmentally degrading production processes have moved to less developed countries. Furthermore, integration into the world economy has been associated with an intensification in CO₂ emissions for less developed countries. Surprisingly, however, this phenomenon does not seem to be driven by exports sent to high‐income nations, suggesting that there are mechanisms embodied within the global organization of production that require further exploration.     

Stakeholder Perspectives on Children's Mental Health Needs and Supports in Six Low‐ and Middle‐Income Countries

Low‐ and middle‐income countries (LMIC) are faced with disproportionately high levels of unmet child mental health needs. This study explored through interviews the perspectives of 17 inter‐agency service stakeholders from Brazil, Indonesia, Kenya, Pakistan, Rwanda and Turkey on existing supports and challenges. Four themes emerged on the holistic nature of children's mental health needs linked with disadvantage; limited resources and skilled workforce; stigma; and strategies for future implementation, including awareness, parental engagement, skills‐based programmes and cultural adaptation. Stakeholder input is essential in conceptualising, developing and evaluating culturally appropriate interventions for vulnerable children in LMIC.     

中国和平崛起战略环境研究

“中国和平崛起”已经正式成为一项带有根本意义的国家战略。它是中华民族的需求,也是中华民族对世界的贡献,对于实现中华民族的腾飞,把我国建设成为繁荣富强的社会主义强国,具有重大的战略意义。根据当前国际局势发展的大背景,详细分析中国在国际上和平崛起的可能性;同时阐述目前中国实施和平崛起战略所面临的几个主要问题和挑战,最终提出中国正确实施和平崛起战略的几点建议。     

执行国际人发大会《行动纲领》国际社会和各国资金投入状况综述

1994年联合国人口与发展大会后 ,全球用于人口活动的国际援助和国内资金投入逐年增加 ,其总数达到约 110亿美元。国际援助主要包括捐助国双边援助、联合国系统的多边援助及非政府组织私人捐助等。 1999年国际援助达到 2 2亿美元 ,各国国内用于人口活动的资金开支估计达到89亿美元。国际援助资金与联合国人发大会《行动纲领》确定的 2 0 0 0年国际援助应为 5 7亿美元的目标相比 ,仍有较大距离 ,仅达到这一目标的 38%多一点。资金缺乏仍然是限制全面执行《行动纲领》的主要问题之一。     

Hard and Soft Commitments to Human Rights Treaties, 1966–20001

What factors determine whether and how deeply countries will commit to the international human rights regime? Using data for up to 142 countries between 1966 and 2000, this article analyzes patterns of membership to the International Human Rights Covenants. The analysis produced two main conclusions. First, the potential costs associated with joining a treaty, rather than its substantive content, motivates the decision to join. Treaties that protect different rights but establish comparable implementation mechanisms exhibit similar patterns of membership, whereas treaties that protect identical rights but establish different implementation provisions exhibit dissimilar patterns of membership. Second, rates of treaty membership differ by level of commitment. Countries that sign human rights treaties differ from countries that ratify. Results are interpreted with respect to four theories of commitment and compliance: realism, liberalism, constructivism, and sociological institutionalism. Theories that emphasize the importance of a treaty’s costs (realism and institutionalism) fare better than theories that prioritize a treaty’s content (liberalism and constructivism).     

The Roman Catholic Church: A Centuries Old History of Awareness of Clerical Child Sexual Abuse (from the First to the 19th Century)

Debates in international forums and in mainstream media on the role, responsibility, liability, and response of ecclesiastical authorities of the Roman Catholic Church (RCC) toward clerical child sexual abuse (cCSA) fail to take into account the historical roots and awareness of the problem. Reports also fail to mention the historic organizational laws RCC developed over centuries. In contrast, RCC documents evidence that the Catholic Church not only carried century’s old history of cCSA, but also repeatedly condemned cCSA by successive papal authorities, organizational laws, and institutional management mechanisms. During the first millennium, however, church laws remained confined to the bookshelves and were not converted into appropriate management policies and infrastructural models. This was largely due to the absence of a central administrative organizational structure, which developed later in the 12th century, following the Second Council of Lateran (1139) when the Papacy asserted its authority to establish administrative control over the organizational church. It was only then that management policies started to be framed and institutional structures enacted to deal more appropriately with cCSA from the 14th to 20th centuries. Despite this, RCC developed a culture of secrecy using clandestine organizational management models and institutional laws prescribed in 1568, 1622, 1741, 1866, 1922, and 1962 which aimed to manage cCSA. The current study traces reported cCSA as far back as the first century and critically examines the organizational laws, and institutional policies developed by RCC to address clerical sexual misconduct up to the end of the 19th century.     

Uneven and combined development and sub-imperialism: the internationalization of Brazilian capital

This paper examines the political-economic outgrowth of Brazilian capitalism in the global south after the outset of the global financial crisis. In analysing the public-sector finance policy of the Workers’ Party (PT) during the crisis, I argue that a structuration of investment was established. Utilizing theoretical premises of uneven and combined development and sub-imperialism, this paper traces the motions of the industrial financing processes that perpetuate Brazilian capitalism outside of the boundaries of the nation-state to shed light on the relationship between ‘emergent’ economies, their state structures, and the developing world. I argue that such structures represent a policy to accelerate capital accumulation abroad.