Suchergebnisse

This essay examines the processes of transformation & the progressive formalization of Chinese law, particularly civil & commercial law, which have taken place since the beginning of the reform-and-opening process in 1978. The article emphasizes the large-scale rehabilitation & strengthening of laws & procedures as necessary tools in view of the modernization & economic development of the country. Westernization & internationalization of legal norms, particularly in the field of international trade, the central role undertaken by private law, formal litigation, arbitration & third party decision are significant features of this process. The central part of the study focuses on four institutions, considered to be highly indicative of the abovementioned directions & transformations (market economy, private law): a) property, b) contracts, c) special legal vehicles of foreign investments (FIE), d) bankruptcy. Lastly, the study underlines the importance for future (market & western-oriented) developments of the Chinese legal system at large, & not only in the field of international trade, of the entrance of the PRC in the World Trade Organization. Adapted from the source document.

For the last two decades, the international community has opened up the debate on the entwined concepts of failed states and fragile states -- a theme which particularly resonated in France. This paper considers the rationale behind these extremely rich intellectual developments and considers the present state of an art which encourages fresh criticism of a previously-favored model of ideal "Weberian" state. Adapted from the source document.

The history of intellectual migrations, scientific exchange and international cooperation is a field of research which has been recognized recently as a potentially rich subject in new perspectives also for contemporary Italy. The one hundred and fiftieth anniversary of Italy unification, coincident with the birth of the national university system, provides a good opportunity to reflect on the historic evolution of a policy of openness to international scientific mobility, so difficult and late in our country. This paper proposes a rapid analysis of university policy in this matter focusing a path which knows progress and regress from the nationalization of educational system in 1859 to Erasmus Projects in 1987. Adapted from the source document.

During the 20th century intervention with respect to economic & productive activity became a normal practice for nearly all states. While, in the nineteenth century, laissez-faire liberalism generally prevailed, & the defence of private property was considered the fundamental role of the state, the twentieth century saw the affirmation in some countries of Marxist-Leninist theories, which assigned the state property rights in the means of production, the arrival on the world scene of the new Keynesian approach, which assigned the state the role of promoting & stabilizing economic & social development, &, lastly, the great world revolution consisting in colonial emancipation, which, though a political phenomenon, constituted an implicit move towards economic independence. All of these factors brought about an upheaval in the situation that had been consolidated since the second half of the 19th century -- a century that saw the consolidation of a hegemony of the most developed countries which exercised control over the natural resources of less developed countries, above all of the colonies conquered by European states in the period of imperialist expansion. The problem of nationalizations, or international expropriations, arose out of the conflict that developed between countries exporting capital, which tended to protect the property of their citizens abroad, & countries importing capital, which decided without warning to take over full responsibility for their own economic resources. It is crucial to note, in this connection, the presence, on the one hand of states with a long liberal tradition, which have often suffered losses in terms of the property of their own citizens &, on the other hand, of international actors exhibiting a socialist state structure or of recent liberal tradition, which claim sovereignty over their own resources. For this reason, international nationalizations need to be re-examined in the light of the ideological, political & economic structure of the single states. They concern, in other words, national sovereignty, general political economy choices, the position held within the international community & relations with various other international state-actors, aiming, in the last analysis, to take account of the role adopted, since the 1960s, by the main international organization, the United Nations. Adapted from the source document.

The victory of Western liberal states that ended the Cold War generated the hope that international relations could be inspired by the ideals of democracy & the rule of law. Cosmopolitan democracy is a collective project of normative political theory originally developed by a group of European thinkers in the early 1990s with the aim to provide intellectual arguments in favor of an extension of democracy within states & at the global level. While some significant successes have been achieved in terms of democratization within states, much less has been attained in democratizing the global system. The aim of this review article is twofold: on the one hand, it reaffirms the basic concepts of cosmopolitan democracy. On the other hand, it discusses the critical remarks made by a variety of perspectives including the Realist, the Marxist, the Communitarian & the Multiculturalist. References. Adapted from the source document.

The post-Mao era inaugurated a stage of deep review of the role of Communist Party(CCP) in Chinese society: from "revolutionary party" (geming dang) into "ruling party" (geming dang). This entailed a revised approach consisting in new method of selecting & promoting party's officials by emphasising qualifications as expertise, managerial skills, aptitude for encouraging economic development rather than ideological & political faithfulness. This new strategy succeeded in reaching a consensus of the growing middle class about the main political goals of Chinese regime & consequently in dampening political & social opposition by digging a huge break in social body. With regard to this strategy of cooptation & social segmentation the Jiang Zemin's theory of "three representatives" is emblematic. Though this expression of openness & efficiency keeps being obsessively confirmed in official speeches & in legislation the exercise of freedom in China is far from being guaranteed. The approach of managing power of past regime is still "in office" & rigorously practised in order to control the frequent turmoil of peasants. Likewise frequent initiatives of intellectuals who claim the authorities deny the people their rights are severely repressed. Nevertheless the sharp-eyed party's control on community does not prevent some expectations of change from being fulfilled. Greater & greater groups of intellectuals, lawyers, journalists are resorting to state legislation to get the basic rights recognised and, for this purpose, they don't hesitate to deliver any sort of information to Internet in order to smooth the authorities' reaction. These actions offer a glimmer of hope in Chinese scenario. Adapted from the source document.