Corporate Social Responsibility: A Step Towards Stronger Involvement of Business in MEA Implementation?

This article explores the relationship between multilateral environmental agreements (MEAs) and corporate social responsibility (CSR). It offers an overview of the linkages, a survey of relevant provisions of key MEAs, and a review of the relationship between global trade rules and MEAs. Finally, the article highlights three ongoing discussions with relevance to linkages between CSR and MEAs: (1) whether, and if so how, to identify minimum global business standards in the environmental sphere; (2) the rapidly evolving 'sub-theme' within the CSR agenda which addresses the business/development interface, and the contribution of business to poverty reduction, sustainable livelihoods and achieving the Millennium Development Goals; and (3) the development by the International Organization for Standardization of an international guidance standard on 'organizational social responsibility', which, if adopted, will become ISO 26000. The risk of seeing CSR as a new pathway to MEA implementation is that the role of MEAs in informing the development of minimum acceptable environmental norms of business behaviour will be 'watered down'. If MEAs are to learn from CSR, their competitors and often stronger counterparts in the international architecture – intergovernmental trade and investment arrangements – also need to be equipped not only to be sensitive to CSR, but actively to support it. ¹     

初探突审中的微表情运用

微表情能够准确反映出一个人的内在真实情感情绪和心理状态,突审中注意观察犯罪嫌疑人的微表情,能了解犯罪嫌疑人真实的感受和动机。侦查员可以对眼部、眉部、鼻部、嘴部的微表情进行深入分析,在此基础之上合理运用讯问策略,进而在突审中实现重大突破。     

REACH: A Step Change in the Management of Chemicals

The EU has regulated chemicals since the late 1960s using both general and sectoral legislation, and exposure-based, hazard-based and risk-based decisions. A new proposal from the European Commission – on the Registration, Evaluation and Authorization of Chemicals (REACH) – will build on the experiences of the existing legislation and introduce some new concepts in the management of chemicals. This article is aimed at assessing the current chemical control mechanisms in the EU and those put forward in REACH to demonstrate how REACH is a new paradigm in chemicals management. REACH will carry forward today's experience and approach to the management of chemicals in the EU and introduces some novel aspects, such as utilizing market-based mechanisms and putting into operation the 'substitution principle'.     

Subculture,Gang Involvement,and Delinquency: A Study of Incarcerated Youth in China

The purpose of this study is to examine youth gang phenomena in China employing a two-step approach. The first step is to apply the delinquent subculture perspective to the explanation of variation in gang involvement; the second is to investigate the relationship between youth gang involvement and self-reported delinquency. The data for the study were collected from face-to-face interviews conducted with adjudicated youth offenders incarcerated in a province-run juvenile prison. Structural equation modeling is used to assess the direct and indirect effects of delinquent subculture exposure and gang involvement on three outcome variables of delinquency. The primary finding is that exposure to a subculture of violence is indeed a significant predictor of gang involvement. Importantly, gang involvement is significantly correlated with both violent offending and drug offending.     

Shaping the Spiderweb: Towards the Concept of Joint Commission Through Another Person Under the Rome Statute and Jurisprudence of the International Criminal Court

This article argues that the concept of joint commission through another person has a central place in the co-perpetration architecture of the Rome Statute and jurisprudence of the International Criminal Court. The concept of joint commission through another person envisages a commission of a crime by two or more individuals through one or more subordinated persons. Even though the concept of joint commission through another person does not expressly derive from the Article 25(3)(a) of the Rome Statute of the ICC, this article argues that an individual can be held responsible as a co-perpetrator of a crime committed jointly with another individual through subordinated individuals if he or she has joint control over the crime because of his/her essential contribution to the commission of the crime.     

Imperialism, crime and criminology: Towards the decolonisation of criminology

Cohen (1988) once concluded that it is ironic that critics in the West are identifying forms of social control that are more traditional in the Third World as better alternatives to the neo–classical and positivistic repressive traditions in the West while some suggest that what they found malignant in the West should be exported to the Third World as benign. In this paper, I am going beyond Western crime control models to examine the character of criminology itself as an imperialist science for the control of others.     

Discovery,assessment and reconstruction of homicide with photographs of the murder

Report on a case in which photographs of the murder were the first hint pointing to homicide. Due to the advanced decomposition of the body the photographs were essential for the reconstruction of the homicide, in particular for the differentiation of the intravital injuries against postmortem lesions and the chronological order of the acts of violence.     

美国和日本刑事证据开示制度比较研究

美国和日本刑事证据开示制度证据开示制度在诉讼双方开示证据方面的义务、证据开示的范围、时间、地点及违反证据 开示规则的法律后果有许多区别,中国有必要借鉴美日等国家的证据开示立法,制定一个单行的证据开示规则,建立一个符合中国司 法实际,具有中国特色的证据开示制度。     

民法中的强制性规范——兼论公法与私法“接轨”的立法途径与规范配置技术

立法者应妥当处理宪法与民法、行政法与民法、普通民法与特别民法、民事实体法与民事程序法以及民法典内部各种规范之间的关系,通过部门法的合理分工与互动来实现公、私法的“接轨”。宪法中的规范和纯粹行政法的规范是前置型强制性规范,不宜安排到民法典内部;为实现特定公共政策目标的强制性规范是外设型强制性规范,应安排于民事特别法和行政法规中;为自治的私法行为设定最低法律要求以及铺设通往公法管道的强制性规范为内设型强制性规范,应安排在民法典内部。     

A Comparison of Enhancement Techniques for Footwear Impressions on Dark and Patterned Fabrics,

The use of chemical enhancement techniques on porous substrates, such as fabrics, poses several challenges predominantly due to the occurrence of background staining and diffusion as well as visualization difficulties. A range of readily available chemical and lighting techniques were utilized to enhance footwear impressions made in blood, soil, and urine on dark and patterned fabrics. Footwear impressions were all prepared at a set force using a specifically built footwear rig. In most cases, results demonstrated that fluorescent chemical techniques were required for visualization as nonfluorescent techniques provided little or no contrast with the background. Occasionally, this contrast was improved by oblique lighting. Successful results were obtained for the enhancement of footwear impressions in blood; however, the enhancement of footwear impressions in urine and soil on dark and patterned fabrics was much more limited. The results demonstrate that visualization and fluorescent enhancement on porous substrates such as fabrics is possible.     

Plays,Performances and Power Struggles – Examining Copyright's ‘Integrity’ in the Field of Theatre

This article explores the notion of ‘integrity’ under copyright law by analysing examples of 'integrity‐based objections' in the field of theatre. These objections typically involve playwrights objecting to changes being made to their copyright works by other parties, such as directors and actors. This analysis is deepened by the use of two concepts from the field of art theory – ‘aura’, as put forward by Walter Benjamin, and ‘trajectory’, as outlined by Bruno Latour and Adam Lowe. Finally, to shed further light on the issues raised, the work of Pierre Bourdieu is used to present new empirical research recently undertaken by the author in the field of UK theatre. This research demonstrates that ‘power struggles’ are a common feature of theatrical collaboration; that copyright is deeply implicated in the way such power struggles are conceived; and moreover, that resolving these power struggles successfully – including taking account of ‘integrity‐based objections’ – is crucial to theatrical practice.     

变迁与循旧：历史视野中的美国证据开示程序——主论1997年证据开示改革的未果

在大陆法系广泛借鉴英美法系法律制度的同时,美国也在积极借鉴大陆法系的司法积极主义.为降低运行成本,提高诉讼效率,美国于1997年对证据开示制度进行了一揽子改革.如重新建立全国统一的适用标准;取消最初开示;修改证据开示的范围;在民事诉讼中确立诉讼费用移转规则;不当书证将课以费用负担;限制证据保全时间等.但由于其所处的文化传统、历史条件以及诉讼制度的特殊要求等原因,变革与固守传统难以磨合,最终导致了1997年证据开示改革的未果.     

污染物总量控制保障措施研究

总量控制是以控制一定的时段内一定区域中“排污单位“排放污染物的总重量为核心的环境管理方法体系,虽然我国相 关法律法规中作了初步规定,但仍存在一些问题,必须完善总量控制法律制度。     

Judicial Decision-Making,Ideology and the Political: Towards an Agonistic Theory of Adjudication

Law and Critique - The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of...     

Trust,Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

This article considers Günther Jakobs' controversial theory of ‘the criminal law of the enemy’ (Feindstrafrecht). Taking an interpretive perspective that is anchored in social theory, rather than normative principles, the article traces the implications of Jakobs' central claims concerning trust relations in society as mediated by the criminal law and endeavours to articulate their relevance for English law, particularly as regards the growing role of diversion and preventive orders in criminal justice. It identifies the various ways in which these current alternatives to the criminal sanctioning process link with neo‐liberal technologies of government by connecting Jakobs' thoughts on trust with key themes in the Foucauldian governmentality literature and recent research on the ascent of auditing as a meta‐regulatory mechanism.     

A Forked River Runs Through Law School: Toward Understanding Race, Gender, Age, and Related Gaps in Law School Performance and Bar Passage

Analyses of the National Longitudinal Bar Passage Study (N = 27,478), demonstrate that law schools enlarge entering academic differences across race, age, disability, and socioeconomic origins rather than reduce them, and that academic differences in turn impact bar passage. Such differences cannot be reduced to (1) academic preparation, effort, or distractions; (2) instructional or law school-type characteristics; (3) social class; or (4) acceptance of an elitist legal ethos. Rather, results suggest that (1) women, minorities, and other atypical law students confront stigmatization throughout legal education;(2) for women (entering law school in 1991), this stigmatization is new, rejected, and consequently unassociated with law school outcomes; (3) for minorities, this stigmatization is continuous with prior socialization, making resistance difficult and consequent impact sizable; and (4) for other atypical law students, this stigmatization varies with visibility of difference, as do resistance and impact. Implications for social stigma theory and legal education are discussed.     

高校职务犯罪的原因及预防探讨

随着高等教育的改革与发展,高校管理上出现了新的问题,高校职务犯罪率正呈上升之势。权力监督制约机制松懈、制度流于形式,给职务犯罪以可趁之机。要有效预防高校职务犯罪,教育是基础,制度是保证,监督是关键,领导是重点。