Domestic Violence and Asylum: Toward a Working Model of Affirmative State Obligations

While the 1951 Convention is no longer limited geographicallyand its definition of a refugee is not linked to any particularcrisis or place, the source of persecution and the role of thestate with respect thereto has proved problematic. Domesticviolence claims have suffered particularly because of theseshortcomings, as these cases have been uneasy fits within doctrine.Though the Convention definition ordinarily envisions the stateas persecutor, domestic violence follows a different course.Almost inevitably, its victims are persecuted by their husbands.As ‘non-state actors’, they have frequently andwrongly eluded the Convention norms, revealing a tragic protectiongap in the Convention. An asylum seeker must prove that shehas a well-founded fear of persecution based on race, religion,nationality, membership of a particular social group or politicalopinion. Despite the seriousness of the claim, if the reasonfor the threat does not lie in one of those five sources, aproper asylum claim has not been made. Worse, however, the sourceof the persecution, a non-state actor, often blocks Conventionprotection. This paper will analyze these stumbling blocks toasylum seekers. It will posit the notion that legitimate asylumseekers have been marginalized by their home countries, renderedvirtual non-citizens. Whether through complicity, neglect orsheer indifference or incompetence, these home countries are‘failed states’, failures in not having providedfull rights of citizenship throughout their populations. Inconjunction with that, it will examine the standards for determiningwhen the non-state actor is a persecutor within the Conventionsense. Finally, it will set out factors to be used to test thefailed state for litigation purposes.     

让全球化的国际与国内协作控制流行疾病传播全球化

随着全球贸易、信息交换兴起,以及观念上隔膜的逐步打破和多年以来各种国际性组织共同进行防治疾病的工作,使得大型传染病防治成为了全球性非传统安全问题的一个分支——公共卫生安全的重要议题。若想妥善解决这一问题,必须具备国内稳定、高效的防控机制和国际积极的合作。本文将从人类健康的全球化视角出发,以流行疾病的自身特点,疾病传播的途径等专业知识为背景,借鉴以往的国际流行传染病治理中的经验及教训,阐述全球化的国际与国内协作对维护人类公共卫生安全的重要性。     

Indigenous Australians: Language, and the Law

Indigenous peoples face a number of hurdles intaking cases to Australian law courts. In thecase that the social and economic problems canbe overcome, they face problems related to theintellectual structures of the court and thelanguage and philosophical beliefs that thecourt systems are based on. Derrida shows thatWestern metaphysics privileges speech overwriting, and this counts against indigenouscultures in which narrative knowledge is a formof writing. Due to this privileging, there is adifferend involving the courts and indigenouspeoples which makes the achievement of justicedifficult in the legal arena in Australia. Thisarticle questions whether the courts are thecorrect bodies to deal with indigenous issues.The achievement of justice is made moredifficult again by the truth-producing effectsof legal decisions, which render native titleas a weaker form of property right. Finally,indigenous Australians are caught in a catch-22situation, in which in order to receivejustice, they must Westernise their thought toadapt to the court system, and yet not allowany Westernisation of their culture. Such aWesternisation can be forced upon indigenouspeoples by the truth-producing effects oflanguage.     

Together!

Sympathy, attention, anxiety, curiosity, and alas, even malicious pleasure can be seen in the eyes from various parts of the world focused on the Chernobyl Atomic Electric-Power Plant [AEPP]. Our friends are alarmed and share our misfortune. Our enemies try to amuse themselves with the hope that things will turn out badly for us. Everyone is interested in knowing why and how it happened. To be sure, this interest is also variously motivated. While specialists are trying to determine the technical causes of the accident, those alien to us in spirit and conviction are feverishly searching for an explanation not only (and not so much) for what happened as for what is happening: their hopes are being dashed, their predictions are falling apart at the seams-catastrophe was averted, a tornado of panic did not sweep our people away nor empty our cities. And Chernobyl itself, as reported from the epicenter of events by Valentina Mikhailovna Kalinchenko, a courageous woman who never left her post at the AEPP headquarters from the very first days, our Chernobyl is alive, is working, is functioning, and even smiles at the sun.     

Jumping Together: A Fatal Suicide Pact

In suicide pact, two or more victims mutually agree and execute to end their lives together by predetermined method, preferably by hanging, drowning, gunshot, or poisoning. The victims are usually spouses, lovers, or friends, and the reasons behind such steps are various. In this reported suicide pact, husband–wife duo jumped from the terrace of a 12‐meter‐high building with their wrist bound to each other. Although they jumped together, the injury patterns were completely different. The man landed on head sustaining mainly craniocerebral injuries, and the wife landed on feet sustaining long bone injuries. They left a suicide note pointing out sudden demise of their only child as the reason for the suicide, and it was signed by both of them. Jumping from a height in suicide pact has not been reported in the scientific literature yet.     

公安高校校局合作工作机制建设探讨

公安高校与公安机关的长期合作,取决于双方利益平衡点的寻找与把握,而能否使合作产生最大效益,则取决于长期合作中双方逐步探索建立的各种机制。因此,要推动和保障校局合作工作的有效开展,需要建立完善的互利共赢机制、激励机制、约束机制、沟通协调机制及保障机制等。     

宋代“公人世界”中的官吏共生与制衡

司法活动离不开特定的场域以及与这一场域相关联的特定主体,公人世界和始终置身于其中的宋代官员、胥吏,就是宋代司法活动的特定场域和特定主体。官员与胥吏在公人世界中形成了既共生又制衡的关系,究其原因,在于宋代国家制度设计和运行中事为之防,曲为之制的基本精神,这一精神对于宋代的法律制度和官员产生了深刻的影响。     

Working from Inside and Outside Institutions: How Safety Audits Can Help Courts' Decision Making Around Domestic Violence and Child Maltreatment

As systems begin to work collaboratively to address the overlap of domestic violence and child maltreatment, systems‐analysis approaches are also being explored to test the effectiveness of collaborative interventions in meeting the needs of victims and their families. The institutional safety audit model is one such approach currently being explored in sites across the country. Under this model, case files of families receiving services are submitted to an analysis that compares the interventions received with the needs that were demonstrated. Though still in a formative stage, the institutional safety audit has the potential to be used by the courts as an innovative information‐gathering tool on the effectiveness of court‐ordered interventions. This article will provide a detailed overview of the safety audit model, describe how safety audits are currently being used in the field, and discuss how the courts can incorporate safety audit findings into decision‐making around domestic violence and child maltreatment.     

Tackling Drugs Together: The Possibilities for a Confidential Drug Service

This article explores the exchange of personal information between agencies working with drug users and the 'problems' created by confidentiality. Confidentiality may be conceptualised as a form of information privacy, which in turn derives from a wider idea of privacy. The authors take as a case study the 'Wintercomfort Case', concerning a day centre for drug users in Cambridge. The focus is to look at the legal and practice implications of the case, and to examine in particular the tensions that exist between welfare and justice agencies who may have access to the same information, but who may also have different agendas and objectives in taking action.     

Putting Race and Gender Together: A New Approach To Intersectionality

European anti-discrimination legislation explicitly calls for member states to consider a legal response to multiple discrimination, either additive (arising from many grounds) or intersectional (a result of an interaction of grounds). In traditional Anglo-American anti-discrimination frameworks the structure of separate statutes forces complainants to choose one ground or another. In Britain, cases such as Nwoke v Government Legal Service indicate a judicial willingness to recognise additive discrimination, while cases such as Bahl highlight the difficulties of dealing with intersectionality. This article suggests that to overcome current difficulties with intersectional discrimination, first the qualitative difference of intersectional claims must be clarified; secondly, the logic of immutability underlying grounds must be replaced by one which accommodates intersectionality; and thirdly, a method is required which enables courts systematically to incorporate social context into judicial decision-making. With these three changes, the qualitative difference of intersectionality can be both understood and activated in the courts.     

Working to Death: The Regulation of Working Hours in Health Care

Recent research highlights significant risks associated with health professionals working long hours—risks to their health and safety, to the safety and quality of care provided to patients, and to public safety. This article undertakes a review of the various instruments used to regulate working hours in health systems, using six countries (Australia, Canada, Denmark, New Zealand, the United Kingdom, and the United States) and the European Union as primary comparators. The review demonstrates differences in the instruments used to regulate the issue in these countries and in the economic, social, and cultural factors that limit instrument choice and moderate instrument effectiveness.     

Sergei Naryshkin Mixes Together All Personnel

Dmitry Medvedev has established a standing commission on questions of personnel policy in the law-enforcement agencies. It is being formed on the basis of the temporary commission that dealt with the preterm evaluation of MVD personnel. The new commission will be chaired by head of the presidential administration, Sergei Naryshkin (he also chaired the temporary commission), and the personnel of eight law-enforcement agencies will now be under its jurisdiction.     

Domestic violence: a medicolegal review

This paper reviews the recent medical and legal literature in the field of spouse abuse. Domestic violence is a national phenomenon that directly affects victims of spouse abuse and indirectly conditions the children of the victims to accept violent behavior as normative. This paper characterizes the cycle of violence battered women encounter, describes their injury patterns, explores the dynamics of the abusive relationship, and discusses the factors that compel women to remain in such violent relationships. The second section describes many of the recent legislation designed to prevent spouse abuse. Next, this paper addresses the case law utilizing the "battered woman syndrome" as a defense for spousal homicide. The third section of the paper explores the often neglected topic of the battered husband.     

Living Apart Together: The Relationship Between Public and Private International Law

Netherlands International Law Review -     

共同受贿犯罪若干问题探讨

在刑法理论和司法实践中 ,共同受贿犯罪问题错综复杂、歧义甚多 ,有进行深入研究的必要性。首先 ,共同受贿犯罪问题理论研究比较薄弱 ,有创新的理论成果也较为鲜见。其次 ,司法实践中的共同受贿犯罪问题亟待解决。第三 ,处理共同受贿案件时执法不统一。认识上的分歧和法律规定的不明确 ,造成司法机关处理共同受贿案件执法的不统一。因此 ,只有深入研究受贿犯罪的理论和实际问题 ,深刻理解受贿罪的立法原意 ,才能取得新的理论成果 ,对司法实践起到积极的指导作用。本文拟就共同受贿犯罪的理论依据、共同受贿犯罪的认定和处罚等问题进行探讨 ,…