Small Islands versus Big Cities: Lessons in the Political Economy of Regional Development from the World’s Small Islands

Population, employment and economic capacity continue to concentrate in and around large urban centres. If geography (measured as proximity to large centres of population) increasingly matters in the knowledge economy, then there may be no future for periphery locations. This paper critically reviews and refutes this hypothesis by looking at the world’s small islands. Handicapped by size and distance, they are unable to generate scale dynamics nor to regularly access any neighbouring, large metropolitan centres. Nevertheless, jurisdictional resourcefulness resulting from sovereignty or sub-national autonomy fosters compensatory policy capacity. Demand for niche-technology manufactures and craft-based, labour-intensive or place-specific services is likely to persist. Cyclical migration strategies allow islanders seeking work or education off island to tap the metropole and re-inject resources to reinvigorate the periphery. Remittances, aid, bureaucracy and other “rents” can provide significant fiscal resources necessary for survival.     

Technology Competitiveness in Emerging Markets: The Case of the Brazilian Polymer Industry

The Brazilian polymer industry (plastics, rubbers, fibers, adhesives, paints, and varnishes) is the fastest growing segment of the Petrochemical Chain. Since the polymer industry is characterized as science based, the capacity to create technology is vital for its long-range survival in the market. This paper analyzes how Brazilian polymer firms maintain their technological competitiveness, explains the main modes of technology transfer, and evaluates the degree of technological dependence of this industry. The methodology consisted of a database built with data from the Brazilian Patent Office. To confirm the findings, interviews were conducted with staff members from seven Brazilian polymer firms. The data base analysis and the interviews reveal that, in spite of the fact that Research and Development (R&D) and technological innovation have a fundamental role in their competitiveness, the firms are technologically dependent upon foreign suppliers.     

文化产业发展中的反垄断法制建设新问题

文化体制改革深入把文化产业市场化发展的有关问题推到了法学研究的前沿,特别是对与市场经济紧密联系的竞争法提出了新的课题。文化产业有区别于其他一般经济领域的特殊性,西方国家的立法经验和法律实践表明文化产业的市场化经营必须依靠竞争法调整和保障。发展文化产业给反垄断法制建设提出了新要求,正在制定中的我国反垄断法应就与文化产业发展有关的竞争问题作出相应的规定,为文化产业的市场化改革和发展提供法律保障。     

Engaging Students and Enhancing Skills: Lessons from the Development of a Web-supported International Environmental Law Conference Simulation

This article discusses a move from a traditional lecture and tutorialbased environmental law class to a class involving a large element of websupported simulation in the context of a simulated international environmental conference in session 1999-2000. Lectures and tutorials were retained for support purposes, but much class time was devoted to plenary sessions of the conference. The key reasons for the change were (1) the desire to move to an active learning environment where students were at the centre of the learning process and would be learning by doing; and (2) to integrate and enhance negotiating, team working and IT skills in the class. Students were given a unique insight into environmental law decision-making. The role-playing of students acting as state and NGO delegations on the basis of the real positions of these delegations was a strong motivating factor in the learning process. Although the class co-ordinator established the framework for negotiations the progress of those negotiations and the ultimate outcome was a matter for the students. While the outcome was an important motivating factor it was not significant in terms of the learning experience as students were assessed by means of a reflective report which was designed to assess what they had learned from the process in terms of legal understanding, negotiating issues and team-working. Although there were some student concerns regarding a perceived lack of environmental law content identified in the evaluation of the class the assessed student reports demonstrated this to be unfounded. The web-support aspects facilitated: (1) asynchronous learning - particularly negotiation and the development of negotiation skills; (2) the provision of ready access to a range of conference documentation and learning materials; and (3) just-in-time access to documentation such as updated versions of the draft treaty as negotiations progressed. Although the design and prepCorrespondence: aration of the simulation was fairly onerous, once established little new effort was required to run the simulation again. There were departmental resource issues in terms of web-support staff which somewhat delayed the availability of the web-support facilities, but these have now been addressed. The evaluation of the project has demonstrated that the web-supported simulated conference has considerable educational value in facilitating active learning and the integration and enhancement of key skills in the law curriculum. It has also demonstrated that other types of simulation may be possible within the law curriculum.     

Forensic Archaeological Recovery of a Large‐Scale Mass Disaster Scene: Lessons Learned from Two Complex Recovery Operations at the World Trade Center Site

In 2006, unexpected discoveries of buried World Trade Center (WTC) debris and human remains were made at the World Trade Center mass disaster site. New York City's Office of Chief Medical Examiner (OCME) was given the task of systematically searching the site for any remaining victims' remains. The subsequent OCME assessment and archaeological excavation conducted from 2006 until 2013, resulted in the recovery of over 1,900 victims' remains. In addition, this operation demonstrated the essential skills archaeologists can provide in a mass disaster recovery operation. The OCME excavation data illustrates some of the challenges encountered during the original recovery effort of 2001/2002. It suggests that when understood within the larger site recovery context, certain fundamental components of the original recovery effort, such as operational priorities and activities in effect during the original recovery, directly or indirectly resulted in unsearched deposits that contained human remains.     

构建智能环路监管机制——基于数字金融监管的新挑战

面对金融科技的创新与发展,传统监管机制显现出监管滞后、监管失效等方面的无力和脱节。数字金融监管在风险控制、监管方式、监管模式上面临新挑战,应以科技化监管为核心,借助大数据、人工智能等新型科技手段,实现风险的综合动态监测,推动监管向科技型、统筹型转变。在金融智能监管系统的基础上,构建由事前准入及测试、事中实时动态监测、事后风险处置反馈系统组成的智能环路监管机制。     

村民自治的发展困境及应对——农村社会变迁与村民自治发展的相关性分析

20世纪80年代末至今，我国农村环境发生了巨大变化。这些变化使村民自治制度在实施中陷入行政化、派系分化以及载体缺失的困境。行政化削弱了自治权的价值；派系分化影响了农村民主的真正实施；而农村“空心化”使村民自治失去依托。走出这一困境，我们需要进一步完善村民自治法律制度，规范农村自治组织，创新村民自治的制度功能。     

新时代法理：从冲突走向合作——建立法理型社会的法律社会学思考

以法律社会学的三大研究范式即功能主义、自由多元主义和马克思主义的社会观-国家观-法律观之间的主要差异——合作、竞争和冲突——为立论基础,论证了当代中国由马克思主义的冲突观转向功能主义的合作观的必需。依据这种＂从冲突走向合作＂的新时代法理,结合当代中国国家治理的六个基本法律问题,阐述了如何在关键转型上遵循新法律理性,从基调伦理与宪政改革上建立法理型社会秩序。     

疑案·存案·结案——从春阿氏案看清代疑案了结技术

清末春阿氏杀夫案在司法档案和纪实小说中有着不同版本。刑部、法部和大理院轮番审理,未能查出事实真相。大理院迫于结案的压力,以存案的方式了结了该案。判决书内容含混,而处理疑案的技艺则甚为高超。以疑案及其结案技术为切入点,重新审视并评价皇权下的司法实况,可以观察到司法现实复杂而生动的本来面目。     

徽州田野调查的个案分析——从“杀猪封山”看习惯的存留与效力

在中国传统的乡土社会里,法律渊源呈现出多元化的特征,除朝廷律令之外,传统习惯曾经是调整人们日常生活和民事行为的重要渊源。近几十年来,随着社会结构和社会性质的根本性转变,中国社会的法律与秩序也发生了深刻的变革。传统习惯在当代中国农村是否还存在?习惯是否与现代国家制定法相冲突?其在农村法治建设中的地位和作用怎样?这些问题都应引起我们法学研究的重视。通过对徽州农村民事习惯调查中的个案分析发现,在当今徽州农村仍然存留着大量的传统习惯,有些习惯甚至发挥着重要的法律效力。在当代中国农村的法治建设中,我们应当承认和重视发挥习惯的法律效力,探究那些“被冷落的真实”,为农村法治建设的发展寻找传统的动力。     

First Report of Blaesoxipha plinthopyga (Diptera: Sarcophagidae) from a Human Corpse in the U.S.A. and a New State Geographic Record Based on Specimen Genotype

Carrion flies in the taxonomic family Sarcophagidae are often recovered from a human corpse. However, because such specimens are difficult to identify, the forensic literature on this taxon is quite limited compared with that of the commonly employed Calliphoridae. Faced with a sarcophagid larva that could not be identified microscopically from a death investigation in the state of Idaho, we generated cytochrome oxidase one DNA sequence data from the specimen. Comparison to a reference data set of forensically significant sarcophagids from Canada and the U.S.A. confirmed that this was the first discovery of Blaesoxipha plinthopyga in a human corpse in the U.S.A. and the first record of this species in Idaho. Because B. plinthopyga occurs from the Northern U.S.A. to the Neotropics, it is potentially useful for estimating time since death at many locations.