海洋工程对环境影响评价与司法鉴定

为确定污染源、污染范围和污染程度,鉴定民事责任诉讼请求与海洋工程建设项目所产生的环境影响之间有无因果关系,根据《海水水质标准》、《渔业水质标准》、《海洋沉积物质量》和《海洋生物质量》等国家标准对海洋工程建设项目所在的养殖海域水质、沉积物、生物体选点采样。实地勘察,进行环境监测和环境影响评价。结果表明,水质污染物、沉积物污染物．生物体污染物不是民事责任诉讼请求所述养殖贝类大量死亡的直接原因。司法鉴定结论：海洋工程建设项目施工现场．周围海域局部受到施工产生较小泥浆入海泥沙影响,靠近海洋工程建设项目施工现场的一定范围养殖贝类死亡与海洋工程建设项目施工之间有因果关系,依据水域污染事故渔业损失计算方法,评估养殖损失。     

Theorising complex water governance in Africa: the case of the proposed Epupa Dam on the Kunene River

Various multi-dimensional governance models have been suggested by scholars and policy makers alike as suitable conceptual lenses through which to view the complexity of water governance, particularly in international river basins. While these models, most notably, the Government–Society–Science and the Hegemonic Politicians models, do provide more holistic pictures of the multiple actors at play and their interactions, the nature of these actor interactions is overly linear, and make them incapable of explaining the numerous processes within complex governance systems. They assume the dominance of a limited number of actors while ignoring various feedback loops. This paper therefore provides a critical review of the Government–Society–Science and the Hegemonic Politicians models. Our alternative perspective is derived from complexity theory as it pertains to water governance. Explaining water governance through the complexity lens highlights the myriad of actors that act within international river basins and the consequences of their actions; something that is lacking within the traditional models. This holds implications not only for decision-making in river basins and water resources management in particular, but also for theoretical developments that feed back into the policy arena. Complexity theory paints a more nuanced picture for the decision maker. We put forward this view using the proposed Epupa Dam on the Kunene River as a case study where various actors interact in the debate around the suggested dam.     

The relationship between Body Mass Index and abnormal psychological and personality variables

The Body Mass Index (BMI) was created in order to classify individuals into body weight categories ranging from below normal to very obese, depending on the individual’s weight and height. The Body Mass Index has been identified as a marker for psychological issues such as self-control, self-esteem, depression, and anxiety. This study used a data matrix composed of a sample of 2,506 police officer candidates. The BMI’s were calculated and correlated with 343 personality variables, including the MMPI-II and the Personality Assessment Index. The results indicated a total of 87 significant correlations, 20 at the .05 level and 67 at the .01 level. Despite the fact that many of the correlations were small, the large number of correlations indicates a significant relationship between BMI’s and individuals with problematic psychological and personality characteristics. Discussion centers upon explanations of the relationship between the Body Mass Index and various psychological concepts.     

解释论、语用学和法律事实的合理性标准

法律事实是人们在诉讼过程中对客体事实的认识结果 ,这一认识开始于个别主体对客体事实的经验和感受。当经验者用言语方式表达其对客体事实的经验和感受时 ,客体事实便转换成语言流传物。诉讼过程就是各方主体以言语方式表达事实主张 ,以寻求主体间的共同理解和解释 ,从而建构法律事实的过程。在这一过程中 ,制度性语境和规则成为主体间对话和评价的依据 ,在此基础上形成的共识便成为法律事实合理性的来源。真实性是法律事实形成的条件 ,而共识性应是法律事实的合理性标准。这就要求诉讼制度能够体现交往合理性 ,并要求诉讼程序尽可能保障交往合理性的兑现 ,以期有效地达至共识性真理标准。     

Historical family systems and contemporary developmental outcomes: what is to be gained from the historical census microdata revolution?

Recent years have witnessed a growing interest in the role of the historical family as the instigator of disparate developmental trajectories. However, a major challenge faced by these studies was that they had to work around a lack of reliable historical data. This study demonstrates how embarking on the recent outburst of historical microdata infrastructures may help to improve these explorations by suggesting additional statistics and a derived measure (the Patriarchy Index) that might prove useful in future efforts aimed at assessing the effect of historical family organization on comparative development. The added value of that endeavour is assessed by comparing the predictive validity of the PI for contemporary developmental gradients against a composite indicator of family organization previously used by economic historians (Carmichael’s ‘Female Friendliness Index’). The results indicate that conclusions about the relationship between historical family organization and various societal outcomes may be sensitive to the measure used. Based on the evidence presented in this paper, it is argued that one of the reasons why the potential importance of historical family for contemporary developmental disparities has not been convincingly unravelled could be inadequacy of data and indicators so far employed to assess historical family formations. To the extent that the Patriarchy Index would be taken up by wider scholarly circles as an indicator of historical family organization it could help unravel potentially new associations between past and present, at least as far as Europe is concerned.     

Environmental regime effectiveness and the North American Great Lakes Water Quality Agreement

Scholars and practitioners around the globe are grappling with how to improve the effectiveness of complex, transboundary, and multilevel environmental regimes. International environmental agreements (IEAs) have been around for decades yet achievements and outcomes have not met expectations. While international relations scholars have primarily focused on the effectiveness of agreements between states, public policy scholars have been interested in outcomes at a variety of scales including international, national, sub-national, and local across various environmental policy domains and at the instrument and program levels. This article presents findings from a case study of environmental regime effectiveness that uses a modified version of the Oslo-Postdam solution to assess the effectiveness of the Great Lakes Water Quality Agreement, a long-standing, bilateral international environmental agreement between Canada and the USA. The findings indicate that there is a need to more broadly define international environmental agreements in complex transboundary systems to include both formal and informal regime features and multilevel governance efforts and to focus on specific policy goals and ecological outcomes associated with IEAs. This case also illustrates the potential to modify the Oslo-Postdam approach by combining expert assessment and data collection methods with traditional policy analysis and program evaluation methods in assessments of environmental regime effectiveness.     

Environmental Protection and the Diversion of Northern and Siberian Rivers to the Southern Regions of the Nation

Although our country has at its disposal vast reserves of fresh water, they are very unevenly distributed territorially. Over 80 percent of the natural river runoff is in the economically undeveloped northern and eastern regions, and only 20 percent is in the developed regions, which are inhabited by approximately 85 percent of the population. The balance of water resources may become particularly strained in the southern regions, with their numerous industrial enterprises, large areas of irrigated land, and unique fisheries. The water shortage can be compensated for in various ways. For instance, the Institute of Hydrogeology and Hydrophysics of the Kazakh SSR Academy of Sciences estimates that water supply problems of Central Asia and Kazakhstan can be resolved on the basis of local resources through regulation of surface water, organization of the correct and more economical irrigation of cultivated land, reduction in losses due to filtration in the arterial canals, reduction in water inputs per unit of output, and expansion of the scale of demineralization of sea water, with the aid of atomic and other technical installations. The mobilization of these reserves will ultimately make it possible to obtain not only the 20 km³ of water that are needed for the further development of irrigation farming in Central Asia and Kazakhstan but even a considerably greater volume of water. It is also necessary to consider the fact that the reserves of annually renewable subsurface water in Kazakhstan amount to 45 km³ [2].     

USB Storage Device Forensics for Windows 10

Significantly increased use of USB devices due to their user‐friendliness and large storage capacities poses various threats for many users/companies in terms of data theft that becomes easier due to their efficient mobility. Investigations for such data theft activities would require gathering critical digital information capable of recovering digital forensics artifacts like date, time, and device information. This research gathers three sets of registry and logs data: first, before insertion; second, during insertion; and the third, after removal of a USB device. These sets are analyzed to gather evidentiary information from Registry and Windows Event log that helps in tracking a USB device. This research furthers the prior research on earlier versions of Microsoft Windows and compares it with latest Windows 10 system. Comparison of Windows 8 and Windows 10 does not show much difference except for new subkey under USB Key in registry. However, comparison of Windows 7 with latest version indicates significant variances.     

The Private Sector and the Implementation of the Kyoto Protocol: Experiences, Challenges and Prospects

This article emphasizes the critical importance of the private sector to the success of the efforts to mitigate climate change. Analysing the progress and experiences gained so far, this article concentrates on the role of the private sector in the operationalization of the Kyoto Protocol's three flexible mechanisms, namely Joint Implementation (JI), the Clean Development Mechanism (CDM) and international emissions trading. The article illustrates in detail the various tasks performed by private actors during the CDM and JI project cycles, and contemplates their possible participation under Article 17 of the Protocol on international emissions trading. While identifying some challenges, the article argues that the Kyoto Protocol's flexible mechanisms have succeeded in finding innovative ways of involving the private sector in climate change mitigation and that the post-2012 climate regime should build on these experiences.     

Mixed Messages and Mixed Results: The EU's Promotion of Human Rights in Turkey

In spite of the fact that human rights appear, based on proclamations made by EU representatives, to be of critical importance in the EU's negotiations with Turkey, human rights reform has not been a primary target of pre‐accession aid to Turkey. Why is human rights reform not a central priority in the EU's allocation of aid in this case? First, Commission representatives and Members of the European Parliament disagree over the relative importance of the status of human rights in the pre‐accession reform process. Second, the format of the aid allocation process magnifies inconsistencies in the EU's approach to human rights reform.     

A novel hunting accident. Discharge of a firearm by a hunting dog

The authors report the case of a 21-year-old man who was killed while duck hunting when a shotgun accidentally discharged, shooting him in the head. The loaded weapon, which had been lying on the ground with the safety off and the muzzle pointed toward a river a few feet away, discharged when a hunting dog stepped on the trigger. Scene investigation confirmed that the victim had been standing in the river, planting decoys, with his head approximately level with the adjacent bank. Autopsy examination and ballistic testing confirmed a range of fire consistent with the witness' statements. Examination of the weapon in question documented a light trigger pull but no mechanical defects. The authors review the epidemiology and causality of hunting accidents and discuss the various safety rules that were violated in this highly unusual case. The importance of a complete death investigation, including autopsy, when dealing with a firearm death is emphasized.     

Wife battering: A study of sixty cases

Sixty women who were repeatedly assaulted by their husbands were referred by the police for medicolegal examination between August 1978 and August 1981. In most instances, the injuries were non-grievous and they were mostly contusions situated mainly in the region of the head, the neck and the upper limbs. Weapons used ranged from fire-wood to knives. In sixty percent of the cases, complaints were made to the police after 10 years of marriage. This is probably due to the fact that the majority of the women were illiterate and not gainfully employed and were totally dependent on their husbands for their existence.     

基层法官司法知识的开示(续)

基于对中国基层司法的调查和研究 ,本文试图概括地总结中国基层司法中经常运用的一些在现有的法律知识体制中未予以足够重视的知识和技术 ,并予以初步的理论分析。     

论我国内陆河流域水资源配置制度的构建

水资源配置的目的是为了协调水资源各项服务功能之间的关系。内陆河流域水资源配置有其自身的复杂性和特殊性。长期以来,各内陆河流域在经济利益的驱使下对水资源所实施的粗放式和掠夺式的开发利用,造成了水资源配置严重失衡、生态急剧恶化等严重后果。因此必须构建合理的内陆河流域水资源配置制度,明确内陆河流域水资源配置的原则、主体及其权利义务,并建立配套机制,从而更有效地改变内陆河流域水资源配置的不合理现状,建立起有条不紊的水资源利用秩序。     

两岸投资保障协议中争端解决条款的困境及其出路

争议解决条款是困扰两岸投资保障协议谈判的最重要的因素之一。争议解决机制的选择上的困境,不但体现在现行的国家之间的投资条约中的投资争议解决模式无法为两岸投资保障协议提供范式,而且体现在现行国内立法上的局限上。可行的途径是在区分不同主体之间的投资争端的基础上,寻求不同的解决方式。本文强烈建议充分发挥两岸经济合作框架协议设立的经济合作委员会的作用来解决相关投资争端,同时避免以政治化的方式利用现行的仲裁争端解决方式。     

Between use and abuse: an examination of the efficacy of interim and interlocutory injunctions in Nigeria

This article examines various types of injunctions in Nigeria with a view to assessing their application in light of their respective potencies. Setting out their contextual relevance and procedural requirements, it will be argued that prohibitory injunctions in particular are being under used. Although the last mentioned fact is without prejudice to abuse of varying degrees, it is forcefully argued that judges need to be more progressively analytical in exercising their discretion – in the wider interest of justice.     

Privacy Enhancing Employment of ICT: Empowering and Assisting Data Subjects

This article is based on the fact that the new data protection regime in Europe, according to the Data Protection Directive (46/95/EC), presupposes a Europe were personal data should flow freely between the 20 countries of EU and associated states. At the same time, data subjects have been given comprehensive rights. These rights will make it necessary for them that they relate to controllers in various countries, as well as to a variety of national legislation and languages. Schartum discusses how and to what extent ICT tools may be used in order to empower data subjects and make them capable of safeguarding their privacy interests. He points to the fact that a diversity ICT support should be of interest, and that our attention should not only be on Privacy Enhancing Technologies in a strict sense.     

Psychosocial Contributors to Delinquent Decision Making: Toward a Conceptual Framework for Adolescent Female Offending

The integration of psychosocial characteristics that play a critical role in delinquent decision making is crucial to conceptualizing adolescent female offending. This study found that adolescent female offenders (N = 213), despite making a delinquent decision, had high perceived decision-making competence. There was a significant negative association between delinquent decision making and the psychosocial characteristics of anger, substance abuse, and depression. This association was stronger for those with more exposure to trauma. Substance abuse appeared to provide a pathway between psychosocial characteristics and delinquent decision making. The results emphasize the fact that a conceptual framework for adolescent female offending should incorporate the complex interaction of psychosocial characteristics and their impact on delinquent decision making.     

Transboundary water interaction II: the influence of ‘soft’ power

This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of ‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual) ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’ has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’ power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins and aquifers around the globe.