Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Dialogues of the War on Drugs: towards restorative reentry initiatives

The injustices of mass incarceration and the ‘War on Drugs’ are a much debated topic in the United States. My project engages this thematic field by examining how formerly incarcerated people discuss the War on Drugs and mass incarceration. I analyze the narratives of 17 formerly incarcerated men who volunteered to participate in: (1) life story interviews, (2) focus groups and (3) semi-structured interviews. Both restorative justice and reentry have been criticized for failing to consider the social, structural, and historical inequalities for marginalized groups. I contend that my subjects’ engagement with historical and autobiographical narratives contributes to an innovative practice borrowing from restorative justice in the context of reentry. The preliminary results confirm that for those who were on the frontline of the War on Drugs, narrating their life story was a cathartic experience and discussing collective memories of slavery and Jim Crow in a group setting became an educational moment and reaffirmed the need to rethink this history. I found the older generation believes the past should be remembered and racism still exists, while the younger generation subscribes to a colorblind view of society and wants to move on.     

CCTV伊拉克战争报道刍评

本文及时总结了中央电视台此次伊拉克战争报道所呈现出的及时性、多样性、客观性等特点及不足之处,并在此基础上进行了理性思考,就媒体应付突发性事件提出了一些初步建议。     

对抗日战争战略相持阶段何时形成的历史考察

:本文认为 ,从 1938年 10月到 1939年秋 ,抗日战争的战局基本上都处于向战略相持阶段的过渡时期 ;9月以后 ,在国际新形势的影响下 ,不论是正面战场 ,还是敌后战场 ,全面相持的形势业已出现。因此 ,至 1939年底、1940年初 ,中国的抗战战局才完全地处于战略相持阶段     

再论中国抗日战争是十四年

20世纪 30至 40年代发生的中国抗日战争 ,应是 14年而非 8年。日本对中国大规模的侵略战争 ,是从 1931年 9月 18日发动沈阳事变、侵占中国东北就开始的。与此相应 ,中国军民也从那时就开始了反抗日本侵略的军事斗争与救亡运动。从1931年“九一八”事变到 1937年“七七”事变这 6年局部抗战 ,与此后 8年的全面抗战 ,共同构成了中国人民伟大的抗日战争史     

《孙子兵法》与我国反恐策略

在防范和打击针对我国的恐怖主义活动中,《孙子兵法》中的某些思想具有重要的指导和借鉴作用。我国应以“全胜”为目标,灵活运用孙子的谋略思想,制定出符合我国实际情况的反恐策略。在国内,加强和谐社会建设,努力消除恐怖主义活动可利用的不利因素,加强针对性的预防、打击措施和应急处置体系建设,努力将恐怖主义活动消灭在萌芽状态;在国际上,继续扩展和巩固国际反恐合作,尤其是中亚地区各国的国际反恐合作,壮大国际反恐阵营。     

The challenge of cyber attack deterrence

National security planners have begun to look beyond reactive, tactical cyber defense to proactive, strategic cyber defense, which may include international military deterrence. The incredible power of nuclear weapons gave birth to deterrence, a military strategy in which the purpose of armies shifted from winning wars to preventing them. Although cyber attacks per se do not compare to a nuclear explosion, they do pose a serious and increasing threat to international security. Real-world examples suggest that cyber warfare will play a lead role in future international conflicts. This article examines the two deterrence strategies available to nation-states (denial and punishment) and their three basic requirements (capability, communication, and credibility) in the light of cyber warfare. It also explores whether the two most challenging aspects of cyber attacks – attribution and asymmetry – will make cyber attack deterrence an impossible task.     

Seeing War as Criminal: Peace Activist Views and Critical Criminology

A hallmark of critical criminology is its critique of the traditional definition of crime. For decades, critical scholars have proposed humanistic definitions of crime that bring state violence into the purview of academic criminology—although outside of critical criminology this is a matter of great contentiousness. This study investigates the views of those involved in peace activism, but not in any way associated with academic criminology, about the application of the term ‘crime’ to war, specifically the recent US war on Iraq. Given that there is no existing research on this subject, the article also examines how peace activists define crime generally and whether they believe those responsible for the war should be regarded as war criminals. Not surprisingly, semi‐structured interviews with 13 anti‐war activists reveal significant support for elements of critical criminological definitions of crime but an unexpected concern on the part of some that the application of the term ‘crime’ to war could be counterproductive in efforts to stop state violence. The rationales for this concern, as well as those for other issues addressed in the study, are largely presented in the interviewees’ own words.     

民主不能作为战争的合法理由

美英发动对伊战争的一个理由 ,是伊拉克国内政权不民主。但这只是道德上的理由 ,而非法律上的理由。当代国际法不承认以民主为由使用武力的合法性 ,《联合国宪章》第 2条第 4款及其他相关条款 ,都能够充分证明这一点。民主作为战争的合法理由 ,也不应该成为国际法发展的方向 ,从根本上讲 ,这不符合各国的国家利益。战争不能也不应作为推行国家政策的工具。     

冷战后联合国维和行动发展评析

联合国维和行动是联合国维护世界和平与安全的重要手段.在美苏对峙的冷战时期,联合国维和行动的发展受到极大的抑制.冷战结束后,新的国际政治与安全形势为联合国维和行动的开展提供了前提条件和机遇,国际社会对维和行动提出了新的要求,因此联合国维和行动得到了迅速发展并表现出许多新的特点和发展趋势.但是,由于国际环境的变化和日趋复杂,冷战后的联合国维和行动也面临着一些问题与挑战,这些问题和挑战对联合国维和行动的未来发展将产生重要影响.     

The Arts and International Relations: The Evolving Identity of the Edinburgh International Festival in the Cold War Era

This article attempts to discuss the delicate relationship between the arts and international politics and the instrumental role the arts may play in international relations. The paper sets the Cold War as the stage and uses the Edinburgh International Festival as the subject of research to trace the interplay between the arts and international relations. Specifically, the article answers the questions of how the festival was impacted by the changing international relations over the Cold War period and how the festival as an arts organization exerted influence on international politics.     

Cyber terrorism challenges: The need for a global response to a multi-jurisdictional crime

With the widespread concerns about cyber terrorism and the frequent use of the term “cyber terrorism” at the present time, many international organisations have made efforts to combat this threat. Since cyber terrorism is an international crime, local regulations alone are not able to defend against such attacks; they require a transnational response. Therefore, an attacked country will invoke international law to seek justice for any damage caused, through the exercise of universal jurisdiction. Without the aid of international organisations, it is difficult to prevent cyber terrorism. At the same time, international organisations determine which state court, or international court, has the authority to settle a dispute. The objective of this paper is to analyse and review the effectiveness and sufficiency of the current global responses to cyber terrorism through the exercise of international jurisdiction. This article also touches upon the notion of cyber terrorism as a transnational crime and an international threat; thus, national regulations alone cannot prevent it. The need for an international organisation to prevent and defend nations from cyber terrorism attacks is pressing. This paper finds that, as cyber terrorism is a transnational crime, it should be subjected to universal jurisdiction through multinational cooperation, and this would be the most suitable method to counter future transnational crimes such as cyber terrorism.     

略论“孙子兵法”在社会治安管理中的运用

孙子曰：“兵者，国之大事，死生之地，存亡之道，不可不察也。”。和平时期，国家安危，公安系于一半。维护稳定、惩治犯罪、控制治安，如同用兵打仗，必须斗智斗勇。当前，上海社会治安总体保持稳定，但治安形势仍然较为严峻，影响社会和谐稳定的因素还大量存在。而公安民警占人口总量的比例已高于全国平均水平，警力增长空间有限。上海公安工作要实现可持续发展，就必须走内涵式、集约化的发展道路，即更加注重警力使用的成本和效益，更加注重公安谋略的研究和运用，更加注重提高广大民警尤其是各级领导干部的战略战术水平，在科学用警、高效用警、出奇制胜、以智取胜上动脑筋、下功夫，切实提高民警的谋略水平和应变能力。本文借鉴“孙子兵法”的基本原理，就如何运用谋略加强新形势下的社会治安管理作了一些理论探索，供大家参考。     

禁止流质约款之合理性反思

流质约款是指民商主体当事人之间在有关物的担保合同中约定的,于债务人到期未能清偿债务时即由担保权人取得所约定的担保物的所有权的条款。流质约款为国内外多数担保立法明确禁止,亦为我国民商法学界所否定。但是反观民商法理论上有关禁止流质约款的理由,却存在着诸多让人难以信服和与现实生活的悖谬之处,其立法规定也缺乏有力根据。我国的物权立法对流质约款应当予以认可。     

Innovation in the Australian legal profession

Over the next decades, advances in technology and new business practices will challenge a traditionally conservative legal profession. With a focus on the Australian legal profession, this article explores the nature of the challenges and, in particular, considers whether the challenges pose a threat of disruptive innovation. The article aims to add to understanding of how Australian law firms are responding to the challenges by drawing on empirical data that examines the drivers and inhibitors of innovation in Australian law firms, the areas where Australian legal firms are innovating, and the outcomes of their innovation. The article concludes that there is limited evidence of incumbent displacement and that, gradually, the profession is rising to the challenges.     

宪法危机理论:以美国内战与重建时期为例的阐释

宪法危机的发生有两个条件 :第一 ,在根本性问题上 ,宪法条文具有强烈的容易引起宪法解释争端的模糊性 ;同时 ,这些模糊的宪法条文所规定的问题 ,在现实政治生活中又已经发展成为实际的、主要的政治问题。我通过对美国内战与重建时期的历史检视 ,发现在美国联邦宪法中存在着三个符合这些条件、并最终引发宪法危机的模糊点 :联邦制度和最高主权归属的问题、共和制度与奴隶制度的关系问题、公民身份与公民权利的问题。这三个问题也是美国内战与重建时期要着力解决并通过暴力手段得以解决的问题。     

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.     

War on Black Men: Arguments for the Legalization of Drugs

Abstract

The leadership of the black community is concerned with welfare, with equality, with unemployment, with discrimination, with racism, with the pay gap, and with dozens of other such traditional issues. Oh, yes, they are also apprehensive about the use of addictive drugs. But, as we speak, young male members of this community are being incarcerated at frightful rates, and, even worse, are killing each other to boot. One would think that this latter issue would occupy the interest of black leaders front and center. After all, there are few worse problems than being jailed or killed. The present paper is dedicated to making the case that the black leadership has its priorities all wrong; that if they were to exercise true leadership, they would see the jailing and murder of young black men as perhaps the greatest threat to their community; and, if so, they would fervently support the legalization of all drugs.     

UNDOCUMENTED IMMIGRANTS AS PERCEIVED CRIMINAL THREAT: A TEST OF THE MINORITY THREAT PERSPECTIVE*

The link between immigration and crime has garnered considerable attention from researchers. Although the weight of evidence suggests that immigration is not linked to crime, the public consistently views immigrants, especially undocumented immigrants, as criminal and thus a threat to social order. However, little attention has been paid to why they are perceived this way. By drawing on the minority threat perspective, this article investigates the effects of objective and perceptual measures of community context on perceived criminal threat from undocumented immigrants. Analyses of data collected from four Southwest states and the U.S. Census show that the perceived size of the undocumented immigrant population, more so than the actual size of the immigrant population and economic conditions, is positively associated with perceptions of undocumented immigrants as a criminal threat. Additional analyses show that objective measures of community context do not affect native respondents’ perceptions of the size of the undocumented immigrant population. The study's findings and their implications for theory, research, and policy are discussed.