Amnesties in International Law: The Experience of the Special Court for Sierra Leone

The Special Court for Sierra Leone, a hybrid criminal tribunalestablished to try persons accused of serious crimes duringthe conflict in Sierra Leone, has recently commenced its judicialoperations. Several of the preliminary issues raised by variousdefendants have required the Court to examine the validity ofthe amnesty granted to combatants by the Lomé Peace Agreementand the amnesty's impact upon the Court's jurisdiction to trythe defendants. This article examines the decisions of the Courton the amnesty issue and evaluates the jurisprudence of theCourt with reference to the current status of amnesties in internationallaw.     

社会利益格局调整中的工会利益表达

当前利益格局调整过程中的关键问题是建立和完善相应的利益表达机制以化解严重的利益协调危机。强化中国工会利益表达功能,使其能够真正成为工人利益表达和实现的组织,不仅是形成有效的利益协调机制的重要内容,而且是化解社会矛盾与冲突,促进社会和谐的有效方式。但由于工会的定位导致其利益表达角色冲突、工会组织的行政化导致其利益表达缺乏独立性、工会利益表达手段和方式的简单化导致其利益表达效能不足,应从结构体制和功能机制的更新入手推进中国工会改革。     

Transitional Justice in Transit: Why Transferring a Special Court for Sierra Leone Trial to the Hague Defeats the Purposes of Hybrid Tribunals

Netherlands International Law Review -     

婚姻家庭立法理念的审思

1950年《婚姻法》曾经是新中国成立后颁布的第一部法律。其立法理念不仅在现行《婚姻法》中得到继承和发展,而且在现行《婚姻法》修正草案中也得到发扬与延伸。探寻婚姻家庭立法理念的继承性、扬弃性、时代性,既是理解婚姻家庭领域诸制度发展变化规律的需要,也是掌握婚姻家庭立法技术的需要,并将为婚姻家庭制度的完善提供切实可行的立法建议。     

Patriarchy and changing family strategies: Class and gender in the Dominican Republic

This article explores the issue of ideologies of family formation and their influence on the concept of family strategies. It assesses the influence of patriarchal ideas using a historical case study of a rural village in the Dominican Republic as point of departure. The principal focus is the importance of patriarchal ideologies for class and gender relations. The article argues that the analysis of family strategies should take into account the context of class relations in the countryside and the influence of hegemonic ideologies on the gender relations within rural families. These factors led to specific strategies of rural families, but at the same time for diverging and often contradictory attitudes between individual family members.     

中国共产党与中国的社会保障法制建设

社会保障法是保障每个社会成员基本生活需要的法律制度.它以该社会的全体社会成员,尤其是那些因各种原因陷入生活困难需要特殊帮助者为保障对象.当社会成员在年老、疾病、伤残、失业、生育、死亡、遭遇灾害、面临生活困难时,依法给予物质帮助,以保障其基本生活需要.从而减少社会成员之间的贫富差距,促进社会公平,消除他们的不安全感,实现社会的进步和发展.……     

Doing family: Responses to the constructions of ‘the migrant family’ across Europe

This paper draws on how constructions of ‘the migrant family’ in political discourse influence migrants' and their families' lives. In specific national contexts, ‘the migrant family’ is determined according to the national and European debates and expressed by their respective rules and regulations. By ‘doing family’, migrants and their families develop strategies in order to fit these requirements of living a certain family life. Fulfilling specific norms and perceptions which are not necessarily required for the majority of society is a precondition to succeed. Who is and who is not part of the family, who holds responsibility — such aspects have to be proved and repeatedly reproduced by migrants and their families. This not only affects their position in society, but also has strong implications on their lives as a couple and family, since it requires the continuous adaptation and reconstructions of their everyday reality.     

Perception of family social climate and physical aggression in the home

Physical aggression between spouses is a serious social problem. This study was designed to determine if social climate is different in the homes where aggression occurs than in nonviolent homes. Students were asked to report whether physical aggression between spouses occurred in their homes during their last 2 years of high school. They were also asked to complete the Marlowe-Crowne Social Desirability Scale (MC-SDS) and the Family Environment Scale (FES). Each student protocol with reported conjugal violence was matched with another protocol with an identical score on the MC-SDS and on which physical aggression was not reported. A multivariate analysis of variance indicated that these two groups differed in their scores on the FES. A dominance hierarchy, openly expressed anger, conflict, and lack of organization were salient characteristics of homes where physical aggression occurred. Nonviolent families were characterized by spontaneous expression of feelings and problems, shared pleasurable activities and goals, and an emphasis on personal rights and freedoms.     

Identity, genealogy, and the social family: the case of donor insemination

In this paper I discuss whether or not biographical information concerning the sperm donor should be disclosed to children conceived through donor insemination. Policies of disclosure for example in the context of adoption, have been justified on the basis of a notion of identity which emphasizes genetic ties. This notion of identity and the policies of disclosure of information concerning biological parents based on it, have been criticized by many writers, including feminists, as reinforcing explanations of human organization and development based on biological determinism rather than on ideas such as social construction. Further, this notion of identity is seen to emphasize the importance of genetic parenthood over the commitment involved in bringing up a child as a social parent. While agreeing with these criticisms of that particular notion of identity, I argue that the notion of identity as a whole should not be summarily rejected. Rather, it should be re-interpreted using a sociological approach incorporating the notion of narrative. This second narrative notion of identity is developed with reference to the situation of some groups of children, who like those born from donor insemination, generally do not have any knowledge of their biological parent[s], for example adoptees, the children of the disappeared in Argentina and child migrants. In this paper, policies of disclosure which allow these children to gain some knowledge of their biological parents are discussed in light of the two notions of identity. It is argued that disclosure may be justified on the basis of a narrative notion of identity. This allows for the rigid dichotomy created between biological determinism and social construction: the importance of social parents to the child is emphasized, however the desire a child may have to know something about her or his biological parent is not denied or dismissed.     

The protection of marriage and family: a constitutional responsibility to enable all-embracing interaction as a means without an (objective) end

China-EU Law Journal - The constitutional duty to protect marriage and family is a rather recent task for public authorities. While these particularly personal forms of social interaction have...     

From coercion to deception: the changing nature of police interrogation in America

Our police, with no legal sanction whatever, employ duress, threat, bullying, a vast amount of moderate physical abuse and a certain degree of outright torture; and their inquisitions customarily begin with the demand: If you know what's good for you, you'll confess. (Ernest Jerome Hopkins, 1931)¹ Today, Ness Said, interrogation is not a matter of forcing suspects to confess but of conning them. Really, what we do is just to bullshit them (William Hart, 1981)² There is an interesting irony at work here: restrict police use of coercion, and the use of deception increases. (Gary Marx, 1988)³ In both popular discourse and academic scholarship one continually encounters references to the tradition-bound police who are resistant to change. Nothing could be further from the truth. The history of the American police over the past 100 years is the history of drastic, if not radical, change. (Samuel Walker, 1977)⁴ A longer version of this paper was presented at the Annual Meeting of the American Society of Criminology in November, 1991.     

Nuptiality and family reproduction in male-inheritance systems: reflections on the example of the Franche-Comte (seventeenth-eighteenth centuries).

"The family system practiced in the rural Franche-Comte [France] until the nineteenth century was based on egalitarian inheritance among sons and on the exclusion of daughters; as such, it was associated with distinct Malthusian nuptiality. This system cannot be understood without an examination of the formation and dynamics of a type of family that included frequent stages of undivided patrimony and coresidence in a context giving little encouragement to neolocal marriage and to the independence of sons. A comparative perspective suggests certain similarities with the stem family system, despite differences in inheritance norms.... Acceptance of the common idea of a contrast between impartible and partible inheritance should be highly qualified, insofar as partibility can hide various patterns of social reproduction. Different kinds of joint family household systems must be distinguished carefully, for they have neither the same significance nor imply the same demographic patterns."     

Transcarceration: Notes on a psychoanalytically-informed theory of social practice in the criminal justice and mental health systems

The application of Lacanian psychoanalytic semiotics to the intersecting categories of criminal justice and mental health is relatively novel. In this paper the phenomenon of transcarceration or the repeated channeling of disordered defendants (subjects) through institutional regimes of discipline and coercion is outlined. Attention is directed at the intra-psychic and intersubjective mechanisms responsible for the structuring of discourse. Lacan's schematization on the constitution of master narratives through the Discourse of the Master is also delineated. The author concludes by demonstrating how transcarceration is fundamentally about language and privileged speech patterns which agents of both systems as well as subjects themselves perpetuate. This revised version was published online in July 2006 with corrections to the Cover Date.     

The autonomy of law in the war on terror: A contribution from social systems theory

The article analyses the impact of post-2001 counterterrorism policies on the autonomy of law, focussing on American and British measures and adopting social systems theory as a theoretical framework. Contemporary societies are conceptualised as social systems in which law operates as an autonomous subsystem. Its autonomy primarily is based on constant reference by decisions to the binary coding “legal/illegal” associated with the application of specific legal principles and procedures. Following the terrorist attacks of 2001, the structure of societal differentiation has been under attack from a twofold risk. A political risk is posed by armed organisations such as Al-Qaeda because of their threats to states sovereignty. An additional risk in relation to law depends on extraordinary powers, such as those established by certain recent antiterrorism legislation and several executive provisions. States attempt to subordinate decisions related to the new counterterrorism policies to the test of their “efficiency/inefficiency” in guaranteeing security, at the expense of questions about their “legal/illegal” nature and legal constraints. An analysis of the special detention at Guantanamo Bay provides evidence of a complex set of decisions endangering the autonomy of law.     

Environmental education and awareness: the present and future key to the sustainable management of Ramsar convention sites in Kenya

International Environmental Agreements: Politics, Law and Economics - The Ramsar wetland sites are important habitats for biodiversity and provide ecological services to communities that otherwise...     

Work, the Right to Work, and Durable Solutions: A Study on Sierra Leonean Refugees in The Gambia

It is rare indeed that the forced movement of people will nothave an economic dimension. Economic issues related to the movementof people have generally been viewed as beyond the scope ofthe debate on the international status and protection of refugees.Instead, ‘economics’ and ‘refugees’when heard together, or even in loose association, have evokedthe pejorative images of those who move to seek a ‘betterlife’. While recognising on the one hand the inevitabilityof economic dimensions to refugee movements, many advocatesfor refugees have traditionally taken great care in their policyand advocacy work to downplay the economic element of the complexmatrix of motivations that lead refugees and other forced migrantsto move. This paper takes a different approach. It promotesthe right to work, a social and economic right, as integralto protection and to all durable solutions. It explores itsrelevance, and indeed its significance, as a matter of law,policy and practice to the lives of refugees and those responsiblefor their protection, including their hosts. After all, ‘[d]espitethe statistical existence of unemployment in every country inthe world, work continues to be "an essential part of the humancondition"’. In addition, the paper examines the importanceof a rights-based analysis of work in understanding its relevancein the field both of international and national protection.In doing so, it explores the connections between work and theright to work and the three durable solutions. It acknowledgesthat social and economic conditions and inequities are oftenamongst the root causes of conflict which then lead to the failureof national protection and precipitate flight.