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.     

International Human Rights Conventions and Australian Political Debates: Issues Raised by the 'Toonen Case'

In April 1994, the United Nations Human Rights Committee communicated its view to the Australian Government that Tasmanian anti-gay laws were inconsistent with Australia's international human rights obligations. Issues of Australia's human rights protection, treaty accession and Commonwealth-State relations, each of which have traditionally been characterised by major partisan differences, were brought to the fore of political debate. While the HRC decision at first appeared to give the coalition much scope to advance its arguments, subsequent developments highlighted considerable weaknesses in the rhetorical strategies of conservatives, and the difficulty of using the Tasmanian laws as a federalist cause ce le bre. In the long term, ironically, the coalition may well have weakened the efficacy of sovereignty-based arguments in Australian political debate.     

Winding Back Australian Women's Rights: Conventions,Contradictions and Conflicts

Since 1996, Australia's Coalition government has been involved in winding back women's rights. It has diluted the role of the Sex Discrimination Commissioner, attempted to weaken the Sex Discrimination Act to allow for discrimination on the basis of marital status, and has refused to provide Australian women protection through the international realm via the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women. In taking these steps, the government has not only placed rights in conflict against each other but has also been contradictory in its approach. The attempts to wind back women's rights demonstrate the fragility of existing rights protection measures in Australia more generally and suggest the need to consider alternative rights protection mechanisms such as sex equality guarantees in a bill of rights.     

博物馆文化授权:理论内涵、生成逻辑与实施路径

博物馆作为展示文化遗产、普及文化教育、满足文化需求的社会机构在中国发展迅速,国家也鼓励其与相关产业融合创新、开发衍生产品以提升发展能力。文化授权作为激活文化资源潜能和博物馆文化产业发展创新的重要方式,在国内外文博产业中得到广泛应用。博物馆文化授权具体涵括图像授权、出版品授权、品牌授权等类型,也包括直接授权、委托授权、综合授权三种模式。博物馆文化授权存在一定的风险,要通过整合资源、发布信息、签订合同、监管过程和协同运营等具体路径更好地实施授权,以实现博物馆整体价值的提升和公共文化消费需求的满足。     

The Knowledge Gap: A Perspective on Trade,Industry, Technology and Policy from Pre-war Australian Music Technology Manufacturing (1903-30)

Australia struggles to achieve economic competitiveness, prevent expansion of the trade deficit and develop value-added production despite applications of policy strategies from protectionism to trade liberalisation. This article argues that these problems were emerging at the turn of the century, and that an investigation of music technology manufacturing in the first two decades of this century reveals fundamental problems in the conduct of relevant policy analysis. Analysis has focused on the trade or technology gap which is only symptomatic of an underlying knowledge gap. The article calls for a knowledge policy approach which can allow protection without the negative effects of isolation from global markets and without having to resort to unworkable utopian free-trade dogma. A shift of focus from a 'goods traded' view to a knowledge transaction (or diffusion) perspective is advocated.     

The Australian League of Rights and the process of political conversion

An empirical study of Australian League of Rights' supporters demonstrates their intensely held ideological convictions. Such devotees commonly seek to convert others to their belief system which they regard as “sacrosanct” while other modes of thought are ill‐informed and harmful. Their proselytisation technique attempts to make the “target” doubt previously unquestioned notions, thereby creating personal anguish and conflict.

Most researchers believe strain or deprivation to be necessary factors in the conversion process although such strain need not be perceived by others. Empirical difficulties are encountered using a seven‐step model to view conversion. The model has certain serious limitations, owing to the alien position of the researcher and the inevitable post‐hoc rationalisation of respondents. Nevertheless it has some utility in the field situation and is suggested as being broadly applicable as an heuristic tool.     

Simulation as Narrative: Contingency,Dialogics, and the Modeling Conundrum

In this paper, we will cast a critical eye on the practice of simulation modeling in archaeology, focusing on some of the unwritten assumptions underpinning currently popular agent-based approaches. We shall suggest the need for (1) a better integration with the basic tenets of complexity theory, (2) a stronger focus on epistemological issues, rather than on technological/methodological preoccupations, and (3) a distributed ecology of models functioning as an exploratory research laboratory. In essence, we argue for a more discursive, dialogic approach that places modeling in the arena of narrative construction, rather than the pursuit of some representation of “reality.”     

Editorial Introduction 39(3): Sport,Religion, and Intellectual Property

Goffman, Erving. Frame Analysis. An Essay on the Organization of Experience. Boston: Northeastern University Press, 1986. With a Foreword by Bennett M. Berger. xviii + 586 pp. including index, n.p.

Bakeman, Roger and Gottman, John M. Observing Interaction. An Introduction to Sequential Analysis. Cambridge: Cambridge University Press, 1986. xiv + 221 pp. including table of contents, preface, references, and index. $32.50 cloth, $10.95 paper.     

Racial Stratification, Intellectual History, and Presidential Action in the Civil Rights Domain

Using an historical approach, this paper assesses the role of the American presidency in the pursuit of civil rights policy. The basic argument is that the drivingforces in the passage of civil rights policies since Reconstruction have been external pressures on the presidency. Rather than being protagonists in the progression of civil rights, presidents are portrayed as political actors primarily interested in maintaining social order and attracting African-American votes. Rarely have presidents pushed for civil rights progress outside of that context.     

The Australian National University's Department of International Relations: the early years

This article is a contribution to the re-evaluation of the formative years of the emergent international relations discipline. Work on this topic, extensive over the past decade and a half, has overturned a number of the foundational myths of the global discipline, especially regarding the period between the two world wars. The literature on international relations in Australia, slow to reflect this re-evaluation, generally still locates the first important developments in the 1960s, and characterises the scholarship that emerged as predominantly ‘realist’. This study both pushes back the boundaries and challenges the theoretical perspectives used to categorise thinking in Australia at that time. A student of C. A. W. Manning and thus conversant with British ideas of ‘international society’, George Modelski's early exposure to theoretical work in the USA and his endeavours to give his department a strongly regional focus gave his work a richness and multifaceted character not easily captured by the ‘realist–rationalist’ dichotomy. Modelski went on from the Australian National University to become a major figure in international relations in the USA, contributing to the original debates on globalisation and best known for his work on ‘long cycles’ in world politics.     

我国旅游者合法权益保护问题的思考

随着旅游业在国民经济发展中的地位日益重要,旅游者合法权益保护问题也越发成为人们关注的焦点。本文探讨了旅游者合法权益保护的重要意义,对我国旅游者合法权益保护的现状进行了系统论述,对现阶段我国旅游者合法权益保护存在的主要问题及其成因做了深入分析。在此基础上,提出了旅游者合法权益保护系统的概念,尝试建立一种高效的旅游者合法权益保护系统模型。     

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。     

试论在美国的中国公民权益受侵犯及其保护

针对目前在美国的中国公民权益受侵犯案件时常发生的现状,结合对从美国回来的华侨进行的社会调查,从国际法的视角,分析了在美国的中国公民权益受侵犯的主要现象和原因;指出了侵犯在当地的中国公民权益,是对国际法上关于国际人权保护和反种族歧视原则的践踏;并就如何保护在美国的中国公民权益问题提出了自己的看法。