论海域物权制度——以自然资源权属制度为视角

分析有关自然资源权属制度的不同观点,对自然资源物权这一提法提出谨慎的质疑。回顾《中华人民共和国物权法》立法过程中对＂海域使用权＂和＂渔业权＂关系的处理及最后的规定,并在此基础上,分析海域物权概念能否成立的问题。最后,总结把海域使用权写入《中华人民共和国物权法》的理论意义与实践意义。     

Soviet musicology and the ‘nationalities question’: the case of latvia

Nation branding, as a phenomenon, is attracting increasing scholarly attention. However, much of the existing literature has been written by those involved in the public relations industry themselves. There have been some studies which have been written from a critical viewpoint; however, the tensions of branding a nation have often been neglected. This paper aims to explore the inherent tensions between nation branding and nation building. To what extent is nation branding a tool or a practice? What images of the nation do branders seek to promote, and who is this image for? Is nation branding merely a more palatable version of nationalism? In particular this paper focuses on the debates surrounding the launch of Brand Estonia in 2001/2. Brand Estonia, with the slogan Welcome to Estonia: Positively Transforming, was launched to coincide with Estonia staging the Eurovision Song Contest in 2002. It is a unique and interesting case study given the level of controversy that the initiative generated amongst the Estonian public. Estonia was the first Former Soviet Republic to launch a nation branding project and, perhaps more controversially, it was managed by a British-based company, Interbrand. However, little scholarly attention has been paid to public-level discourses concerning Brand Estonia. The empirical findings discussed in this article highlight some of the more salient narratives on national identity that Brand Estonia engendered and therefore aims to fill this gap.     

大鼠骨骼肌挫伤后p-CB1R的表达及与损伤时间的相关性

目的观察探讨大鼠骨骼肌挫伤愈合过程中p-CB1R的表达规律与损伤时间的相关性。方法健康成年雄性SD大鼠50只,体重220～250g,随机分为10组,每组5只,其中9组为实验组,1组为正常对照组。应用免疫组织化学染色和Western blot技术,检测50例大鼠骨骼肌挫伤后各时间段p-CB1R的表达情况。结果正常对照组大鼠骨骼肌未见p-CB1R表达;挫伤后p-CB1R阳性表达主要在单核细胞和成纤维细胞中,各时间段大鼠骨骼肌均未见阳性反应。伤后3～24h,阳性细胞以单核细胞为主;3～5d,阳性细胞以单核细胞和成纤维细胞为主;7～10d,阳性反应主要见于成纤维细胞,并于7d达到高峰;14d,p-CB1R阳性表达量有所下降。结论骨骼肌挫伤愈合过程中p-CB1R在单核细胞和成纤维细胞中的变化具有时序性,可望作为法医学推断骨骼肌挫伤时间的参考指标之一。     

Can we keep it simple? Using the BARR-2002R with a community-based sex offender sample

The Brief Assessment of Recidivism Risk (BARR-2002R) comprises of six items from the Static-2002R and has been designed for predicting general and violent recidivism among sexual offenders. The present study investigates the ability of the BARR-2002R, Static-2002R, Static-99R, and SORAG to predict general, violent, and sexual recidivism in a sample of 342 male sex offenders at a community-based forensic clinic. All four of the risk schemes demonstrated large effect sizes for predicting general, violent, and sexual recidivism, although the BARR-2002R produced a moderate effect size in its prediction of sexual reoffending. Unlike past research, the BARR-2002R did not outperform the other measures; however, our findings showed that the BARR-2002R adds incremental value to the Static-99R in predicting general and violent recidivism. These findings provide support that the BARR-2002R is a valid, abbreviated risk scheme that could be used in routine assessments of individuals convicted of sexual offending.     

Psychopathy and Mortality

It is not known how mortality differs between psychopathic and nonpsychopathic individuals. We linked data from subjects having been in forensic mental examinations at Niuvanniemi Hospital during 1984–1993 to the data from the National Death Registry to estimate the association between psychopathy and mortality. One hundred psychopathic individuals scoring 25 or higher in the PCL‐R scale were followed up for 20–30 years. Two control groups were used as follows: 178 offenders scoring less than 25 on the PCL‐R, and sample of general population drawn from the Finnish National Statistics database. Results reveal that psychopaths die younger than the general population, and the causes of death are more violent than in the nonpsychopath control group. There was a significant positive correlation between PCL‐R score and mortality, and the mortality among psychopaths was about fivefold when compared with general population.     

Popular culture and religious metaphor: saints and shrines in Wakhan region of Tajikistan

The article focuses on the study of the Ismā‘īlī saints (awliyā) and shrines (qadamgāh) in the Wakhan region of Tajikistan along with their historical context. Its essential purpose is to draw a succinct historical and ethnographic picture of shrine culture in the region and determine its religious significance in the broad frame of socio-cultural context of Wakhan. While discussing rituals associated with saint veneration and shrine visitation, it elaborates on the changing role of shrine culture in modern Wakhan and its adaptation to the newly established social and cultural circumstances after the collapse of the Soviet Union. It is argued that the process of religious and cultural revival in post-Soviet Wakhan had its own distinctive element manifested in the transformation of the existing shrines into museums or ‘museumization’ of shrines, a process that not only changed the spatial compositions of the shrines but also enhanced their social and cultural functions.     

Evidence-Informed Prevention of Civil Wars and Mass Atrocities

Abstract

The prevention discourse in all its forms has tended to ignore or at least downplay the epistemic problems with prevention. Forecasting political violence is not as easy as the debate on early warning often assumes. Effectively forestalling political violence and mass atrocities is much more difficult than the often used rhetoric of a ‘tool box’ implies, which creates the impression that one knows what works. An evidence-informed prevention policy needs to be aware of the limits of our knowledge, but at the same time knowledgeable of what social science research can provide – even if the results are provisional, often controversial and fraught with methodological problems.     

Responsibility to Protect in the Age of Global Terror: A Methodological Reassessment

Abstract

Ten years after its formal adoption, the R2P doctrine remains an incomplete project in a world of continuing conflicts now aggravated by the existential threat of global terrorism. The debate on the permissibility of military action to stop mass atrocities when authorisation to use force is not forthcoming from the Security Council has produced only a plurality of conflicting theories but hardly any progress at the normative level. A two-pronged approach could be used to consolidate R2P as a doctrine fully integrated into the corpus of international law. The first prong requires the revamping of the largely neglected Article 48 of the ILC Draft on State Responsibility; the second involves using R2P as a platform to initiate a reform of customary international law to make it more consistent with elementary principles of justice and universal human rights.     

Foreign direct investment,restructuring of R and D sector and technology transfer during economic transition： The case of Hungary

With the industrial restructuring of former socialist countries of Eastern and Central Europe （ECE）, the local R and D system experienced fundamental changes as well. Specialized R and D institutions that supplied technology to enterprises were downsized dramatically. With the privatization of the industry, multinational corporations became major players in the advanced sectors of the industry. Sourcing of technology within the multinational corporate system increased import of technology and locally performed R and D dropped sharply. The rapid decline of R and D staff both at specialized research institutions and at the enterprise level coincided with a sharp drop in local patent applications. Operation of multinational corporations has also resulted in vertical and horizontal spillover of technology. The evidence on the extent of such transfer has varied among ECE transition economies and industrial sectors.     

OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSIS

Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington . In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society.