Counter-Terrorism Strategies,Human Rights and International Law: Meeting the Challenges

Netherlands International Law Review -     

An Immunological Approach to Counter-Terrorism and Infrastructure Defense Law in Electronic Domains

The West’s increasing dependence upon telecommunicationsand information infrastructures puts at risk the economic, political,and military security of the free world. The purpose hereinis to gauge the extent to which the law properly supplementsand coordinates the defense of that information infrastructure. First undertaken is an overview of the telecommunications vulnerabilitiesand dependencies of the West. The nature of terrorism is thenexplored, and principles of counter-terrorism are examined andapplied specifically with reference to electronic domains. Thereafter,Immunological modeling and principles are surveyed. The analysis continues with an examination of the current postureof Western legal systems, and a comparison of the laws relatingto counter-terrorism in electronic domains before and afterthe events of 11 September. An exploration of continuing vulnerabilitiesthen follows. Finally, recommendations for future defensiveactions are promulgated with the aim of optimizing the roleof law in information infrastructure defense.     

A Statistical Analysis of Palestinian Terrorism and Israeli Counter-Terrorism Over Time

The idea of a world criminology specialty emerged in response to the increasing magnitude of global social disorder—wars, revolutions, terrorist activities, riots, crimes, delinquency, deviancy. These problems, together with our increasing problems of ecology, overpopulation, starvation, energy, tyranny and injustice, disease, and arms build-up, threaten to produce social disorder the magnitude of which the world has not yet seen. Many scientists have predicted that the next two decades will find the human species submerged under a barrage of severe catastrophes as these unchecked forces repeatedly reach crises proportions.

It is here suggested that criminologists and criminal justice practitioners begin scholarly and applied efforts toward development of a world criminology. This world criminology would take a global approach to the problems of social disorder and attempt to identify universal causative elements as well as universal principles and strategies relevant to the achievement of world order and the advancement of a world civilization. This paper presents and discusses seven assumptions which are held to be vital to the advancement of this new discipline. Further, a series of objectives and questions are posed, which are suggested as a means of encouraging initial exploratory work in world criminology.     

Human Security and International Law: Prospects and Problems

Netherlands International Law Review -     

Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights

In most societies nomadic peoples face discrimination. At theheart of this discrimination frequently lies the crucial issueof property in land. The sharing of lands between nomads andsettled agriculturalist societies has often led to violent confrontation.Access to land is a determining factor for many nomadic peoplesas whether or not nomads have access to land will determinethe survival of their mobile lifestyle. Historically nomadicpeoples have not been regarded as having any rights to landbecause their nomadic lifestyle was not considered to fulfilthe criterion of ‘effective occupation’ of the land.By exploring the evolution of international law regarding nomadicpeoples’ land rights, this article analyses how humanrights law could provide nomadic peoples with rights to usetheir lands. Ultimately, this article argues that under thebanner of international human rights law, nomadic peoples aregaining the right to live on their land in their traditionalways through the gradual establishment of a specific corpusof law dedicated to the rights of nomads.     

社会保障的人权保护

国际人权条约将社会保障确认为人权的重要内容,使社会保障权表现为国家义务的形式,国家应努力创造条件使其向现实权利转化。从我国条约适用来看,已经生效的国际人权条约必须首先转化为国内法才能得到执行,表明了立法对于人权保护的重要性和基础性地位,而我国的社会保障立法滞后,难以满足现实需要。所以,应按照条约要求和国内实际情况,围绕社会保障权构建一个完备的权利保障法律体系,积极履行国际义务,加强社会保障的人权保护,促进社会保障权的实现。     

《反恐怖主义法》与反恐刑法衔接不足之探讨

《反恐怖主义法》与反恐刑法二者在协调上存在较大的问题.《反恐怖主义法》第3条使用的“恐怖主义”一词限制了刑法的调整范围,因为刑法以行为为处罚对象,建议以刑法规范中的“恐怖行为”取而代之.《反恐怖主义法》第1条将“国家安全”纳入了恐怖活动犯罪的侵犯客体,从立法的目的在于“维护公共安全”出发,建议删除《反恐怖主义法》第1条中的“国家安全”,或者在刑法中增加“危害行为既构成恐怖活动犯罪,又构成其他犯罪的,依照刑法关于惩治恐怖活动犯罪的规定定罪处罚”的规定.《反恐怖主义法》对“恐怖主义”“恐怖活动”“恐怖活动组织”“恐怖活动人员”“恐怖事件”等术语的界定与刑法不一致,应该澄清.《反恐怖主义法》中的违法行为与反恐刑法中的恐怖活动犯罪界限模糊,应通过情节规定加以区分.《反恐怖主义法》与刑法中关于管辖权的规定虽然不一致,但是从刑法的基本法定位以及执法的可能性出发,应该认为前者并没有对后者的规定进行实质性修改.     

Trafficking in Human Beings: The EU Approach between Border Control, Law Enforcement and Human Rights

The fight against trafficking in human beings has been high on the political agenda of international organisations, regional organisations and states for more than a decade. The European Union (EU) and the international community continuously reaffirm their commitment to work jointly in countering the phenomenon. After years of arguing over a common definition and approach that culminated in the first international definition in 2000, it could be assumed that the international and European definitions solve the issue of how to define and counter trafficking in human beings. Still, the debate on how to understand and approach the problem has not ceased to exist. In particular, the dominant opposition between a rights-based and a law enforcement approach has not been dissolved by calls for holistic or multi-faceted approaches. The aim of this article is to identify the approach taken by the EU, looking out for conceptual (in-)consistencies, underlying assumptions and convictions. The rationale guiding EU action is extracted and questioned by disclosing silenced aspects and contrasting them to their reappearance in other legal instruments. It is argued that the humanitarian intentions of victim protection are overshadowed by general anti-immigration conveniences. The approach taken by the EU not only provokes the somewhat artificial opposition between innocent victim and guilty migrant, but it can easily fall prey to deeply entrenched gender and racial stereotypes.     

Moral Status, Human Identity, and Early Embryos: A Critique of the President''s Approach

Underlying President Bush's view regarding stemcell research and cloning are two assumptions: we originate at conception, and we have full moral status as soon as we originate. I will challenge both assumptions, argue that at least the second is mistaken, and conclude that the President's approach is unsustainable.     

证券犯罪的罪量要素初探

对罪量因素展开研究,对于经济社会中的新型犯罪类型-证券犯罪,显得尤其重要。罪量要素的理论基础在于中国犯罪 论体系的特殊性。给予罪量要素独特的研究地位,切合中国刑法的相关规定。只有罪量要素,才能提供界定刑法介入“合理”与“不合 理”的尺度。     

A Tort-Based Approach to Damages under the Human Rights Act 1998

This article argues that a strong case can be made for departing from the current approach to damages under the Human Rights Act 1998, and for the adoption of an alternative tort-based approach. The article critically analyses the English courts' arguments against adopting a tort-based approach and demonstrates that neither the Act nor the European Convention on Human Rights militate against such approach. It makes a positive case for a tort-based approach, arguing that the law of damages in tort provides an appropriate model for damages under the Act as a matter of principle given the common functions and protected interests that underpin both areas of the law. Further, tort law offers an established and elaborate corpus of principles to draw on, which can readily and naturally be read across to the human rights context. A tort-based approach would also promote consistency across English law, while generally affording greater protection to human rights than the English courts' current approach.     

The Conceptual Compatibility Between Green Criminology and Human Security: A Proposed Interdisciplinary Framework for Examinations into Green Victimisation

The overriding aim of this paper is to develop a conceptual framework that can be used to systematically examine the victimisation from environmental or green crime. By analysing the conceptual and pragmatic compatibilities between two distinctive academic fields of green criminology and human security (HS) and by discussing the impacts of timber trafficking on HS, it is argued that it would be logical, achievable and fruitful to employ a broad HS perspective to advance the understanding of the mechanism of green victimisation with a focus on human victims.     

Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach

This study examines various social correlates of adolescent deviant behaviour in Hong Kong. An integrated theoretical model is constructed which incorporates variables derived from major theories of juvenile delinquency: namely, differential association theory, control theory, strain theory, and labelling theory. Data were collected through a self-report questionnaire administered to a sample of 1,139 students from ten randomly selected secondary schools during early 1986. Path analysis is performed so that the direct, indirect, and total effects of each of the variables can be estimated and compared with those of other variables. Findings suggest that differential association theory can make the greatest contributions in explaining adolescent deviant behaviour in Hong Kong, followed by control theory and labelling theory. Strain theory did not receive any support from the data. Theoretical implications of the results are discussed.