建国初期闵行镇归属问题研究

明代中后期,闵行镇凭借其便利的交通条件与繁荣的棉花种植业,成为上海县重要的商业市镇。近代以来,随着上海城市的发展,闵行镇与上海城区间经济联系不断密切,政治地位也日趋重要。新中国成立初期,优先发展重工业的国家政策与华东沿海地区的战略地位,使得民国时期奠定重工业基础的闵行镇备受各方重视。在国家政策、经济体制、地方利益等因素的综合作用下,闵行镇最终由江苏省上海县划归上海市。     

1900年上海及江南的恐慌--兼论“东南互保”的社会氛围

义和团运动时期的北方战事,给包括租界在内的上海及江南民众日常经济生活带来巨大恐慌。身处纷乱的惊惧不安和经济萧条的切实威胁,社会各界普遍企望北方战事早日平息,不致蔓延到南方,这种社会心理氛围,是"东南互保"得以产生和推行的重要原因。     

Alberta’s Great Experiment in Senatorial Democracy

In 2014, the Supreme Court of Canada ruled that the unelected nature of the Senate is an inherent feature of Canadian parliamentary democracy and is a central pillar of the constitution. Members of the Upper House are appointed by the Governor General, acting on the advice of the Prime Minister. The decision taken by the Prime Minister is not subject to review by Parliament or the provincial legislative assemblies. Patronage appointments have given the Senate a reputation as a dumping ground for political friends and party insiders. In 1989, the province of Alberta enacted the Senatorial Selection Act, arguing that it would serve as a stepping stone for substantive reform to the Senate. The province has held four elections in which the people of the province have chosen senators-in-waiting. This article argues that the Court’s opinion in Reference re Senate Reform undermines the foundation upon which the provincial statute rests.     

The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar

The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC Statute and has invoked the principle that treaties do not bind third parties without their consent. The case put in this commentary is that while the Pre-Trial Chamber’s approach to the law was arguable as an interpretation of the ICC Statute, it was unwise as a matter of policy. The argument is threefold. First, the Pre-Trial Chamber’s ruling is as a matter of legal method only the first-move in a process of norm-creation and persuasion. Second, it does not follow that because territorial jurisdiction in international law includes ‘objective’ jurisdiction over transboundary acts completed on a State’s territory that such jurisdiction was delegated by member States to the ICC in all cases. Finally, it is argued that international criminal tribunals do not succeed when the cooperation of necessary territorial governments (here, Myanmar) is withheld. Proceeding in this case risks becoming a quagmire of the ICC’s own creation at a time when it can little afford further risks to its legitimacy.     

从上海与北方关系的演变看环渤海经济崛起

上海开埠以后,在成为全国最大对外贸易口岸的过程中,把北方变成了它的间接经济腹地,带动了北方经济的外向化。进入20世纪以后,环渤海港口城市的直接辐射作用得到加强,促使该地区的直接对外贸易迅速发展,经济现代化水平迅速提高,并迫使上海的有效辐射范围从北方逐步向长江流域退缩。直接龙头取代间接龙头,是近代区域经济发展的内在规律和必然结果。它加速了环渤海经济的崛起,不利于上海经济的更好发展。     

二十世纪二三十年代“上海模式”对重庆的冲击

民国重庆城市现代化起步于刘湘“军人干政”时期。而川江航运的繁荣,城市精英的觉醒以及刘湘政权的若干举措,为“上海模式”输入重庆提供了重要条件。作为后发外生型条约体系城市,重庆的现代化不仅依靠西方现代性要素的刺激,而且更直接地受到“上海模式”的辐射和拉动。“军人干政”的负面效应致使以“上海模式”为蓝本的重庆城市现代化呈现畸变态势。在“上海模式”的冲击下,在本社会还缺少现代性因素积累的情况下,重庆城市现代化于20年代末期启动。     

The New View of Makeup and the Consumption of Cosmetics among the Women of Shanghai in the Modern Age

Under the pressure of the national crisis in modern China, millennia-old traditional concepts have been broken and adjusted, and new trends and ideas have emerged in large numbers. In order to defeat local cosmetics, from the moment they entered China foreign cosmetics companies attacked the traditional Chinese cosmetics of eyebrow pigment (dai), lip pigment (gong), rouge (zhi), and face powder (fen). Corresponding to the enlightenment ideas of the early twentieth century, women could no longer pursue beauty in a way that harmed their bodies. In the movement to liberate women’s bodies in the 1920s, radical intellectuals developed a severe criticism of the bad habits of using corsets and applying powder, and the concept of “healthy beauty” came into being. However, in the context of the development of the women’s liberation movement and the respect for women’s consumer rights, the healthy beauty theory failed to suppress women’s consumption of beauty products, and “natural beauty” and “artificial beauty” ultimately coexisted in lifestyles of women in the modern era of Shanghai.     

Australia's decision to initiate Whaling in the Antarctic: winning the case versus resolving the dispute

On May 31, 2010, Australia instituted proceedings before the International Court of Justice in the case of Whaling in the Antarctic (Australia v. Japan). Although Australian politicians had for some time threatened such a course of action, the decision to proceed with international litigation took many observers by surprise, most basically because Japan appeared to be in a strong legal position and the risks associated with the case appeared greater than Australia's prospects for success. This article examines the background to the whaling dispute and suggests two ways in which litigation in the World Court may contribute to resolution of the dispute no matter the legal outcome of the case.     

Barrister gender and litigant success in the High Court of Australia

We examine the relationship between gender of the barrister and appeal outcomes on the High Court of Australia. We find that an appellant represented in oral argument by a female barrister, opposed to a respondent represented in oral argument by a male barrister, is less likely to receive a High Court justice's vote. However, we also find that the appellant disadvantage of having a female barrister present oral argument is (partially) offset in the case of liberal justices and on panels having a higher proportion of female justices. The extent to which the disadvantage is offset, and potentially turns from being a disadvantage to an advantage, depends on the degree to which the justice is liberal and the proportion of female justices on the panel.

本文探讨律师性别与诉讼结果之间的关系。我们发现这个过程并不对称。如果是由女律师上诉,而辩方是一个或一个以上男性律师,那么性别就是一个因素。不过并不存在相反的情况。我们具体发现,如果诉方是一个女律师,辩方为一男律师,诉方就不大可能获得最高法官的赞同。不过,我们还发现,如果法官具有自由主义精神,如果法官团的女性比例较高,那么女律师的不利情形就有可能被（部分地）抵消。被抵消的程度取决于法官自由精神的强弱,和法官团女性比例的大小。