中美知识产权关系的发生、发展与影响

中美知识产权关系的发生、发展与中美经贸关系的发生、发展紧紧联系在一起.美国为了提高国际竞争力而实施的知识产权战略和中国为现代化事业而实行的开放政策的相遇,为中美知识产权关系的产生提供了广阔的历史空间.但是,中美知识产权关系极易政治化.一方面,中美知识产权关系的发展深受中美关系大环境的影响,表现为冲突与合作的关系;另一方面,中美知识产权关系反过来又对中美关系从冲突走向合作和中国知识产权法制化进程产生重要影响.     

The Canadian Rebellion,the American South,and Slavery

ABSTRACT

In the past few decades, thanks in large part to the work of several historians that appears in my edited collection, Revolutions Across Borders: Jacksonian America and the Canadian Rebellion (2019), there is a growing trend to consider the Canadian Rebellion within an American historical and historiographical context. Despite this exciting new research, most studies on the Rebellion and the United States continue to focus on the northern borderland. However, the Canadian Rebellion was a significant event that gained attention all over the United States, including the American South. Similar to the North, the American South was also invested in the outcome of the Rebellion. This was due to one reason: slavery. By specifically focusing on the American South and, more importantly, its influence on American foreign policy during the period, I want to encourage historians to take a more definitive stance; that slavery—just like the Panic of 1837, the Anglo-American rapprochement of thepost-War-of-1812 period, or the fear of British retaliation—played a major role in the United States Government’s official opposition to the Rebellion.     

The Right to the City and Critical Reflections on China's Property Rights Activism

Wholesale clearance and eviction that typify China's urban development have often resulted in discontents among urban residents, giving rise to what critics refer to as property rights activism. This paper is an attempt to critically revisit the existing debates on the property rights activism in China. The paper refers to the perspective of the “right to the city” to examine whose rights count in China's urban development contexts and proposes a cross‐class alliance that engages both migrants and local citizens. The alliance itself will have substantial political implications, overcoming the limited level of rights awareness that mainly rests on distributional justice in China. The discussions are supported by an analysis of empirical data from the author's field research in Guangzhou, which examines how local and non‐local (migrant) residents view nail‐households resisting demolition and forced eviction.     

美国宪法改革与人权政策

美国人权政策是建立在古典政治哲学基础之上的,它过分强调人民的消极权利,而忽视了人民的积极权利。随着美国社会的发展,这种人权政策显得越来越不能适应时代的需要。因此,20世纪80年代以来,美国又掀起了宪法改革运动的高潮,以解决宪法中存在的人权概念不清楚和政治自由太多、人民的经济利益太少的问题。在修宪运动中,美国的最高法院发挥了重要的历史作用,使运动取得了一些阶段性成果。但由于种族偏见的根深蒂固,因此美国人权政策的发展依然面临着有待进一步克服的问题。     

Property Rights for Biodiversity Conservation and Development: Extractive Reserves in the Brazilian Amazon

Many of the world's most valuable biodiverse areas are successfully managed by indigenous communities, often under peculiar property rights structures. In many cases, these communities are economically disadvantaged, even by local standards. But can particular local property rights regimes which are ecologically successful also allow communities to compete productively in market economies? The extractive reserves of the Brazilian Amazon offer an opportunity for investigating the connections between property rights, conservation and development in the context of tropical forests. This article aims to analyse whether the existing property rights in these reserves — an idiosyncratic mixture of public, collective and private property rights — can support the explicit development aim of a competitive, yet sustainable, exploitation of the area's natural resources. The analysis identifies three promising development paths open to extractive reserves, but points to a fundamental contradiction between the static structure of the property rights system and the dynamic nature of two of these paths. The current design of internal property rights fails to take into account the broader economic context in which reserves must generate a viable revenue stream. If extractive reserves are expected to develop without reliance on external aid, then changes to the property rights structure both inside and outside the extractive reserves have to be explicitly considered.     

公地制度中财产权利的公共性

公地制度中,无论土地还是权利,都可以用"common"一词来表示,这说明它们都具有"公共"的性质。公地制度下财产权利的公共性,既表现于公地共同体在对外关系中,集体地拥有和行使财产权利;又表现于共同体成员之间土地财产的混合,以及全体成员行使财产权利方式的集体性。     

近代江南乡村妇女的"财产权"

在近代江南乡村,尽管妇女对家庭生计有着重要的贡献,但家产的男系传承原则使她们基本上没有财产权可言。在家庭结构健全的场合,妇女根本就无权获得家产份额。寡妇相对而言有一定的家产处置权,但那仅仅是代儿孙监管而已,在寡妇无子的情况下,还要将家产捐给族里。出嫁女获赠“奁田”,娘家有随时收回的权利。因此,妇女的所谓“财产权”是残缺的,在家族共财制的农业社会的历史场境中,这是很容易解释的。     

The Double Movement of Immovable Property Rights in Papua New Guinea

ABSTRACT

Papua New Guinea (PNG) is one of many countries around the world where the relationship between customary land tenure and economic development has been hotly debated for a long time. A commonplace of the debate in PNG is that 97% of the nation's land is held under customary tenure, while only 3% has been alienated, and these proportions have not changed since the country became independent in 1975. This paper shows that the boundary between customary and alienated forms of land or immovable property was already showing signs of instability in the late colonial period, and this instability has been greatly magnified in the post-colonial period. The areas of land subject to some form of partial alienation have increased along with the ways and means by which immovable property has been ‘mobilised’, while a variety of customary claims to previously alienated areas have grown stronger over the same period. Although Karl Polanyi's idea of a ‘double movement’ can throw some light on this phenomenon, the PNG case also reveals a new side to the application of this concept.