海上保险中被保险人对保险人代位求偿权所负之义务

通过对被保险人对于代位求偿权所负义务性质的剖析,明确了被保险人仅负有不得损害保险人代位求偿权的消极义务。结合英美法的相关制度和判例并联系中国海上保险的司法实践,进一步阐述了被保险人所负义务的内涵。最后结合《中华人民共和国保险法》,对《中华人民共和国海商法》第253条进行检讨,提出对《中华人民共和国海商法》第253条的修改建议。     

从拆解到重构——西方女性主义对女性与自然关系的解读理路

基于女性和自然在西方政治文化中所遭遇的歧视性联姻,西方女性主义在如何对待女性与自然关系的问题上,虽然面临着多种立场选择,但从总的发展过程来看,仍清晰地呈现着从拆解到重构的解读理路。正是这种对女性与自然关系的拆解与重构,引发了人们对女性概念、自然概念、女性与自然关联的重新思考。     

寻衅滋事罪与故意毁坏财物罪的界分与适用——以张某“毁损财物”案为例

准确认定寻衅滋事罪与故意毁坏财物罪之间的界限,一直困扰着法学理论界和司法实务界。结合个案来分析寻衅滋事罪与故意毁坏财物罪之间的关系,便于揭示两者之间的区分标准与处理原则。     

The Kunming Tragedy Affects Everyone

正THE March 1 terrorist attack in Kunming left 29 civilians dead and more than 140 injured.Four perpetrators were also killed.The brutal carnage shocked the entire country to new levels of vigilance.It is impossible to fully comprehend the horrors of a terrorist attack without experiencing it firsthand.We find it hard to imagine how easily our own families could become targets.For this reason terrorism is a public enemy to all of humanity.     

Terrorism,Conflicts and the Responsibility to Protect Cultural Heritage

Abstract

Intentional destruction of cultural heritage is a well-known phenomenon which has been particularly exacerbated in recent times. Its common denominator is represented by the intent to persecute the communities for which that heritage represents an essential element of their cultural identity and distinctiveness. In legal terms, it produces different implications, to the point that – depending on the circumstances in which it is perpetrated – it may be qualified as a war crime, crime against humanity, violation of internationally recognised human rights, or evidence of the existence of the intent to commit genocide. Since the whole international community is seriously affected by the destruction of cultural heritage, it is indispensable that the doctrine of responsibility to protect (R2P) be put into practice seriously and effectively with the purpose of protecting humanity against the irreplaceable loss of its heritage.     

Airbnb,technological change and disruption in Barbadian tourism: a theoretical framework

This paper focuses on how Airbnb, an internet platform which has created the possibility for mass participation in the tourism market, is resulting in class conflict between new entrants and the ‘traditional’ tourism industry. Specifically, it studies how traditional tourism interests in Barbados have responded to Airbnb by seeking to restrict participation in the industry and presents this as a microcosm of broader class transitions and conflicts associated with new technologies. The paper utilises a Marxist theoretical perspective buttressed by Joseph Schumpeter’s theory of ‘creative destruction’ – places emphasis on the process of destroying productive systems to understand how specific industries expand and survive – and Clayton Christensen’s notion of ‘disruptive innovation’ – a process by which a disruptive product transforms a market – for studying how transformations in technology are impacting the tourism industry in Barbados. Its aim is to provide an account of how the process of disruption is unfolding in Barbados by highlighting the reactions of the main hotel lobby group to Airbnb, while also applying the ideas of Marx, Schumpeter and Christensen as useful theoretical lenses through which to examine the unfolding of the process of disruption of settled class and historical control of a dominant economic sector by new technologies.     

足弓破坏法医临床学鉴定的影像学理论与实践

足弓破坏是现行GB18667-2002《道路交通事故受伤人员伤残评定》标准针对足损伤后伤残等级评定特别给出的命名,临床与法医学界对此问题的阐述尚较少见,有必要在实践工作的基础上加以总结。足在纵、横方向上形成凸向上方的弓形外观,分别为内侧纵弓、外侧纵弓及横弓。足弓作用主要在于吸收震荡,起到保护作用,具备静态与动态两种态势。足弓可借鉴静态体重负荷下X线摄足弓侧位片进行测量。足损伤致跗、跖骨骨折愈合后足弓X线测量值背离临床医学足弓正常参考值和/或维持足弓功能作用的肌肉、韧带严重损伤,可谓足弓破坏。足弓骨性构架的动力结构内侧纵弓或承载负重的外侧纵弓中任意一个破坏,必定影响横弓,符合一足足弓结构破坏1/3以上的限定要件;而内侧纵弓及外侧纵弓均破坏,横弓必定破坏,符合一足足弓结构破坏的限定要件。     

Simplicity and Spook: Terrorism and the Dynamics of Threat Exaggeration

It has been common, at least since 1945, to exaggerate and to overreact to foreign threats, something that seems to be continuing with current concerns over international terrorism. This paper sketches threat exaggeration during the Cold War and applies the experience from that era to the current one. Alarmism and overreaction can be harmful, particularly economically. And, in the case of terrorism, it can help create the damaging consequences the terrorists seek but are unable to perpetrate on their own. Moreover, many of the forms alarmism has taken verge on hysteria. The United States is hardly "vulnerable" in the sense that it can be toppled by dramatic acts of terrorist destruction, even extreme ones. The country can, however grimly, readily absorb that kind of damage, and it has outlasted considerably more potent threats in the past.     

Viet Nam’s No-Win Game

正Recent days have witnessed serious violence against foreign investors and businesses in Viet Nam,under the guise of anti-China protests.Victims included investors from China’s mainland,Hong Kong and Taiwan,Singapore and South Korea.A rampage of arson,destruction and looting in and around factories has led to casualties and loss of property.These riots have affected Viet Nam’s international image,     

"Nukes for Sale Cheap?" Purchasing Peace with North Korea

What impact can economic incentives have on difficult international security problems, such as nuclear proliferation? This article first discusses theories of the effectiveness of incentives. It then examines the case of the 1994 Agreed Framework accord between the United States and North Korea. It argues that, despite cheating by Pyongyang, the American effort to use incentives in this case was on balance more successful than many now believe, especially in view of the bleak alternatives. If incentives can have an impact in such a "least likely" case, there is reason to believe they could be helpful in resolving other cases of proliferation.