国际环境保护行政合作机制研究

环境问题本身的国际性使国际合作成为了必然。环境保护的国际合作形式很多,但最主要的合作方式还是各国政府间的国际合作,即国际行政合作。文章从三个方面,即环境国际行政合作的制度性基础、现行合作机制、合作机制中的问题,对国际环境保护行政合作机制进行全面的分析。     

What the Trial Judge Needs to Know about the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

Since the 1950s, there have been several international multi‐lateral treaties for recognition and enforcement of child and spousal support orders. They operated, primarily, in civil law countries where “creditor‐based jurisdiction” allowed establishment of an order in the country of habitual residence of the child or the custodial parent. The United States, requiring “minimum contacts” with the debtor to establish personal jurisdiction, could not be a party to such agreements. For nearly fifty years the U.S., and a few states, sought to fill the need for international reciprocity by negotiating individual country‐to‐country or state‐to‐country arrangements. With ratification of the 2007 Family Maintenance Convention, the United States was finally able to join in a multi‐lateral treaty. The treaty took effect in the United States on January 1, 2017, establishing procedures for international recognition, enforcement and modification of family support orders with 35 other countries already party to the Convention (including the entire European Union). The grand bargain struck during the negotiations between 2003 and 2007 was that the U.S. would honor a foreign order if, under the facts presented, there were sufficient minimum contacts with the debtor that would have supported personal jurisdiction if the order had been entered in any state in the U.S. If unable to recognize a foreign order, the U.S. agreed to take steps to issue a new one. The treaty establishes administrative procedures that, in many respects, are nearly identical to interstate enforcement of domestic support orders in this country. But there are also aspects of the treaty that are entirely new and warrant explanation for family and juvenile court judges. This article focuses on several unique provisions of the treaty that judges and attorneys need to understand.     

The Mechanics of Cultural Diplomacy: A Comparative Case Study Analysis from the European Context

The National Institutes for Culture have not attracted much scholarly attention examining their managerial practices. The aim of this article is to explore how the state expresses its agency over the Cultural Institutes of six European countries: the UK, Germany, France, Spain, Sweden, and Greece. Agency presents varying modalities, making instrumentalism more multifaceted than has been implied so far. The authors are introducing here a framework of five “touchpoints” to capture and analyze instrumentalism in cultural diplomacy. Funding, agenda setting, evaluation, hierarchy, and appointment power constitute the typical system of interactions between the Cultural Institutes and their reporting authorities.     

Crisis (hostage) negotiators weigh in: the skills,behaviors, and qualities that characterize an expert crisis negotiator

This research identified what skills, behaviors, and qualities experienced crisis (hostage) negotiators believe enhance or harm their success during negotiation. 188 negotiators from various countries (primarily United States) voluntarily completed an online survey in which they listed the aforementioned characteristics and reported on various aspects of their own background and behaviors. Open-response questions were coded and quantitative methods revealed what qualities were listed most frequently by negotiators. Active listening, displays of empathy, effective communication, and remaining calm and collected appear at the top of their to-do lists. Conversely, being confrontational, arguing, yelling, and interrupting were reported as behaviors to be avoided. Most negotiators attend trainings multiple times a year and read on the topic of crisis negotiation. About half follow a model during negotiations, typically the FBI’s Behavioral Change Stairway Model. Findings are discussed with relevance to future research directions and improvement of negotiator trainings.     

BBNJ国际协定中人类共同继承财产原则的去留探析——人类命运共同体理念下的中国因应之策

国家管辖范围以外区域海洋生物多样性(BBNJ)养护和可持续利用国际协定的立法进程已进入关键阶段。其中,关于BBNJ国际协定的一般原则或方法条款中是否包含人类共同继承财产原则这一问题,各方代表立场不同,再次成为谈判焦点之一。从全球海洋治理中,国际法理论与实践创新以及国家利益视角分析,得出中国应当支持此原则被明确列入BBNJ国际协定一般性条款之中。但是,解构当前人类共同继承财产原则的法律内涵与适用,结合现有各方立场,得出此原则最终被明确列入BBNJ国际协定一般原则或方法条款中的实然可能性偏小。基于此,建议中国首先立足争议问题本身,将人类命运共同体理念作为价值导向引入BBNJ国际协定,增强各方国际合作与责任承担共识,平衡诉求矛盾,推进BBNJ国际协定的出台与生效;其次,通过引入人类命运共同体理念,完善人类共同继承财产原则的国际法内涵,增强该原则在谈判中的国际认同度与采纳度,并通过阐释中国支持性的主张,进一步增强中国运用人类命运共同体理念参与并引导全球海洋治理的能力。     

The Difficulties of Common Security: On the Need for Value Consensus as a Basis for International Security

The essence of international security is common security, which relies heavily on basic consensus on security concepts and strategies among nations. However, since the beginning of the 20 th century, such a consensus or value basis has become very “thin” as a result of the following four factors: the inception of the global international system along with its cultural diversity; the great changes in political, economic and military arenas; the rise of nationalism and popular politics; and the emergence of superpowers and their antagonistic ideologies. Within strategic culture, there is juxtaposition between confrontational culture and cooperative culture. In security concepts, people have different preferences for national, international or global security. In terms of security strategies, there exist several competing models such as hegemonic stability, balance of power and institutional cooperation. The primary aims of international security remain: avoiding major wars, maintaining the stability of the international system and safeguarding the integrity of the nations. There are two new challenges: promoting global economic justice to avoid any domestic or international conflicts caused by an imbalanced international economic order; and meeting the challenges of various non-conventional security issues affecting human life on a global scale. In an era of security interdependence, the international community must make joint efforts to rebuild the consensus on security in light of the fundamental values of common security and cooperative security, and to practice a truly “international” security strategy so as to break away from the security dilemmas inflicted by each nation’s reliance on its own self-help and competing “national” security strategy.     

Dilemma of confidentiality in international commercial arbitration

Arbitration is universally used in the settlement of international commercial disputes largely due to its inherent confidentiality. However, the expedient element of the confidentiality is encountering challenges mostly owing to public interest or other reasons. This article not only discusses the grounds of confidentiality in arbitration, but also the effective way of its helping those people who wish to respect the confidentiality in international commercial arbitration.     

近代国际法之罗马法基因考

近代国际法体系在形成与发展的过程中,吸收了各种历史上的资源。其中,罗马法为近代国际法的成长奠定了理论、制度和法律精神上的深厚基础。首先,近代国际法的概 念和范畴与罗马“万民法”息息相关;其次,罗马法中民事权利主体平等、契约自由、保护私 产、侵权责任等重要的私法原则和制度经由格劳秀斯等近代国际法学家的移植、解释与演绎逐渐演变为近代国际法中的重要规则;更为重要的是,源自罗马法的平等、公平正义等重要法律理念和法律精神在罗马法和国际法的互动影响中,引领着近代国际法在数百年间向着文明与和平的主题不断进化和发展。探讨罗马法对近代国际法成长历程中的多元影响,对于理解国内国际法律秩序,丰富国际法话语体系的内涵,构建人类命运共同体的国际法治方向有重要的启发和意义。     

对国际商事仲裁裁决司法监督的论争及评析

关于对国际商事仲裁裁决进行司法监督的范围 ,在我国有程序监督论、双重监督论和折衷论三种观点。本文对国际上有关仲裁的立法和实践的趋势、我国仲裁立法和实践的具体情况 ,以及和仲裁制度本身的价值取向进行考察和论证 ,提出了相关立法建议。     

浅议劫持人质案件中的谈判工作

在劫持人质案件中,人质谈判是一项重要的工作,作为指挥人员及参案民警应明确谈判的功用,做好人质谈判的准备工作,并掌握人质谈判的一般模式,注意在谈判中出现的问题,才能在以后进程中采取相应的对策。