探索与前进:论小额速裁程序的构建

从我国近二十年来社会发展的状况和司法实践的需求来看,"普通———简易"的一审诉讼程序类型已经越来越凸显其粗陋之处。近年来,急速膨胀的司法需求迫使人民法院纷纷展开简化诉讼程序、提高司法效率的探索,小额速裁的探索便是其中一种。小额速裁的本质要求是在兼顾公平正义的基础上进一步提高诉讼效率,因此小额速裁的设计必须把握公正与效率之间的平衡。     

东京审判与南京大屠杀

Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for ever, and declares publicly to the later generations that such violence shall never be forgot. Zhu Wenqi, professor of international law, works at Law School of China Renmin University (since 2002 till now). He got Ph.D in University of Paris II and finished his post-doctor research programs in Europe and USA, and started to work in the China Foreign Ministry as Diplomat and also Legal Advisor (1988). And then, he worked in the International Criminal Tribunal for the Former Yugoslavia as legal assistant of the judges, Legal Advisor and Appeals Counsel of the Officer of the Prosecutor of the Tribunal (1994–2002).     

Minority Business Enterprise Programmes in the United States of America: An Empirical Investigation

Affirmative action in the United States has generated no shortage of academic, legal, and popular analysis. Yet few ever ask, let alone test, the most fundamental question about affirmative action - whether it actually works. This article provides an historical overview of affirmative action in the United States, briefly reviews its legal status, and then tests the effectiveness of one type of affirmative action in three American cities between 1981 and 2000. It finds that affirmative action in government contracting does not significantly increase minority employment and is statistically insignificant in eradicating discrimination in contracting.     

Adolescent migrants from Normandy in Paris at the end of the 18th century

The article deals with the social and family environments and modes of departure of migrants from Normandy to Paris at the end of the 18th century. It also considers in-migrants' future once in Paris. This approach to long distance migratory phenomena — applied here specifically to follow a population of adolescents — was possible due to the fruitful linking of serial nominative sources, each created independently. For the departure zone, we have examined three regions in Normandy for which the population was reconstituted over a period covering the end of the 18th century. For Paris, we used the registers of identity cards, or cartes de sûreté, issued between 1793 and 1794. The typical portrait of the adolescent in-migrant consists of an individual who is the youngest member of a fairly large family. He was often born in a small town, not in a village. It is likely that his decision to migrate was not impeded by his father's refusal. Indeed, the father of the in-migrant was often dead when the son left. In-migrations tended to be isolated; the adolescent rarely joined a family member in the capital. Migration to Paris often seemed to lead to a rupture with the childhood region.     

Adolescent migrants from Normandy in Paris at the end of the 18th century

The article deals with the social and family environments and modes of departure of migrants from Normandy to Paris at the end of the 18th century. It also considers in-migrants' future once in Paris. This approach to long distance migratory phenomena — applied here specifically to follow a population of adolescents — was possible due to the fruitful linking of serial nominative sources, each created independently. For the departure zone, we have examined three regions in Normandy for which the population was reconstituted over a period covering the end of the 18th century. For Paris, we used the registers of identity cards, or cartes de sûreté, issued between 1793 and 1794. The typical portrait of the adolescent in-migrant consists of an individual who is the youngest member of a fairly large family. He was often born in a small town, not in a village. It is likely that his decision to migrate was not impeded by his father's refusal. Indeed, the father of the in-migrant was often dead when the son left. In-migrations tended to be isolated; the adolescent rarely joined a family member in the capital. Migration to Paris often seemed to lead to a rupture with the childhood region.     

证据开示制度比较研究──兼评我国民事审判实践中的证据开示

证据开示制度１９世纪始于英国,此后,受到各国重视。各国的证据开示制度都有各自的发展和完善历程。在具体的证据开示范围、方法及限制、制裁等方面也有所不同。我国在审判方式改革中,部分地区试行了庭前证据交换,但也存在不少问题,且有关诉讼体制、法制环境、诉讼观念等运行环境问题,尤其值得深思和研究。     

Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

Trump's Promise: Withdrawing from the Paris Climate Agreement

On June 1^st, 2017, President Trump announced that the United States will be withdrawing from the Paris Climate Agreement, a move he has promised to make since his early campaign days. This move came as a shock to many people all over the world. The Paris Agreement is the world's first comprehensive climate agreement that aims to take proactive measures towards global warming. In order to fully understand this withdrawal, we must familiarize ourselves with its parent-treaty, the United Nations Framework Convention on Climate Change, and the constitutional precedent involved with such a change.     

The European Union as a global climate leader: confronting aspiration with evidence

In rhetoric and action the European Union has attempted to be a global leader in forging solutions to confront the problem of climate change. Using unique survey data collected at five consecutive UN climate summits from 2008–2012, this article provides evidence on the extent to which the EU is actually recognized as a leader in the UNFCCC climate negotiations, investigates how perceptions of EU leadership have evolved overtime, and helps make sense of the role that the EU has played in recent negotiation outcomes. The survey’s findings show that recognition of the EU as a leader dropped sharply in 2009 at the COP 15 summit in Copenhagen, but has climbed again in subsequent years. The results reveal a fragmented leadership landscape in which the EU must share or compete for leadership with other actors, such as the USA and China, who hold drastically different institutional design preferences and leadership visions than those promoted by the EU. The article’s findings provide insight into the dynamics that both foster and frustrate the EU’s aspiration to lead the effort to reach a deal on a binding post-2020 climate change agreement in Paris at COP 21.     

Where did the first divorced people live in Paris and its suburbs?

ABSTRACT

Following the law of 1884 that re-authorised divorce in France, divorce was more frequent in the large cities before spreading to other urban areas and then to rural ones. Divorce rates were especially high in the Seine département from 1884 to the eve of the First World War. In this region, divorced people lived more frequently in Paris than in the suburbs. More precisely, they resided more often on the Right Bank of the Seine in Paris proper (intra-muros) and, as an extension of this area, in the suburban cities to the west and, to the east, around the Bois de Vincennes. A comparison of the share of divorced men and women to the economic, demographic and cultural characteristics of the 20 Paris arrondissements and 74 suburban municipalities in the Seine département shows that a portion of the spatial distribution can be explained by the occupational structures of the area. Divorced people seldom lived in the most rural areas. This urban/rural divide can be explained by two main factors that can be complementary: the economic possibility to divorce – and here we will add the economic possibility for women to leave live alone after a divorce – and the social and cultural acceptance of divorce.     

Social Justice in European Contract Law: a Manifesto

The Study Group on Social Justice in European Private Law are: Gert Brüggemeier (Bremen), Mauro Bussani (Trieste), Hugh Collins (London), Aurelia Colombi Ciacchi (Bremen), Giovanni Comandé (Pisa), Muriel Fabre-Magnan (Nantes), Stefan Grundmann (Berlin), Martijn Hesselink (Amsterdam) (Chairman), Christian Joerges (Florence), Brigitta Lurger (Graz), Ugo Mattei (Torino), Marisa Meli (Catania), Jacobien Rutgers (Amsterdam), Christoph Schmidt (Florence), Jane Smith (Bremen), Ruth Sefton-Green (Paris), Horatia Muir Watt (Paris), Thomas Wilhelmsson (Helsinki).     

Brazil and the Paris Agreement: REDD+ as an instrument of Brazil’s Nationally Determined Contribution compliance

International Environmental Agreements: Politics, Law and Economics - The Paris Agreement on climate change recognises the central role of forests in achieving the well-below 2 °C...     

In the light of equity and science: scientific expertise and climate justice after Paris

The Paris Agreement is built on a tension between the common goal of limiting warming to 1.5 °C and the differentiation that follows from the principle of equity. Scientific expertise is commonly seen as providing important means to overcome this tension, for example in the Agreement’s “global stocktake”, which is said to be undertaken “in the light of equity and the best available science”. This raises the question of how scholarly communities best can contribute to deliberations on equitable differentiation in the effort required to meet common temperature goals. To discuss this question, the paper looks to the literature within Science and Technology Studies on the role of science in policymaking, where disagreement exists over the merits of “heating up” controversies through politicization, versus “cooling down” issues by seeking consensus. It assesses two cases in which scientific expertise has engaged with questions of equitable effort-sharing in international climate politics: The “Bali Box” of the IPCC’s Fourth Assessment Report, and the “Civil Society Equity Review” undertaken prior to COP21 in Paris. Based on a comparison of the two cases, it is argued that scientific contributions should not shy away from highlighting conflicts in values and interests, and that “heating up” discussions about climate justice may be a valuable contribution to overcoming the tensions of the Paris Agreement.     

Going to the dogs?

Corporate trustees administer assets worth billions and directorsof these trusts expect to carry on their work without fear ofpersonal liability to beneficiaries other than in exceptionalcases whose ambit is limited and well understood. The emergence in recent years of an action known as the ‘dog-leg’claim threatens this certainty. The claim is brought by beneficiariesfor breach of trust generally, directly against the trustees,where none of the usual grounds for personal liability is evenalleged. The claim relies on being able to prove that the corporate trustee'srights against directors for breach of director's duties areheld by the trustee not for its own benefit, but for the benefitof the trust. This article explains how the claims are put togetherand why, fortunately, in practice they will rarely (if ever)succeed. The recent case of Alhamrani v Alhamrani has stimulatedthis appraisal.     

The costs of class actions: allocation and collective redress in the US experience

Once a preserve of the American legal landscape, the class action device today transcends geographic boundaries. In the past decade, efforts have intensified to establish collective litigation instruments in diverse legal terrains outside the United States—including Europe—often with the common goal of allowing some form of collective legal redress while avoiding perceived disadvantages of class actions in the American experience. Today more than ever, from legislators to litigants to scholars, European reformers face the challenge—and the opportunity—of making fundamental choices about the scope and shape of the collective legal remedies they wish to make available. Choices about the shape of the class action device reflect foundational judgments about the proper allocation of costs, and there is much from the US experience that can inform Europe’s prospective reformers. This article describes the history and current status of class action rules in the US, and then compares class actions and another form of extra-compensatory damages—one type of punitive damages—as means of doing the same thing. Although neither punitive damages of this sort nor class actions generally have traditionally existed in civil law systems, they both—and especially this particular form of punitive damages—can, from an economic view, be made to vindicate the same kind of social cost accounting goals. By considering these legal devices together, we hope to shed light on crucial choices facing Europe as it grapples with how best to provide collective legal redress in light of the lessons of the US experience with class actions.     

Plaidoyer for a Social Europe

‘It is with great sadness that his many friends learned of the passing of Fernando Vasquez, on 16 July 2020, in Porto. I met Fernando Vasquez some thirty years ago, at a time when, together with Jean‐Jacques Paris, another friend who recently passed away, and under the direction of Odile Quintin in DG V of the European Commission, he was working on building a Social Europe. That was before the European Union failed as a post‐liberal orthodoxy, driving along all Member States, in a race to the lowest social and fiscal bidder. As Frédéric Turlan reminds us, in a tribute published in the recent issue of Liaisons sociales Europe, n. 502, 23 July‐2 September 2020, Fernando Vasquez witnessed with lucidity this backsliding which has heavily contributed to the current disconnection between citizens and the European project, but it did not prevent him from relentlessly striving for more justice in the European Union. These efforts, his diagnosis, without complacency, of the current state of the Union and his most recent suggestions for ensuring both social and economic convergence under the aegis of solidarity, are retraced in his contribution to the Conference ‘Revisiting solidarity in Europe’, which was held on 18 and 19 June 2018 at the Collège de France in Paris. To honour his memory and as a testament to his commitment to a certain idea(l) of Europe, one which is true to its principles of democracy and social justice, here is the text of his contribution, a call, and his last plaidoyer, for a social Europe.’ Alain Supiot, Emeritus Professor at the Collège de France in Paris.     

Making initiatives resonate: how can non-state initiatives advance national contributions under the UNFCCC?

The international governance landscape on climate change mitigation is increasingly complex across multiple governance levels. Climate change mitigation initiatives by non-state stakeholders can play an important role in governing global climate change. The article addresses the relationship between intergovernmental and transnational governance processes in global climate governance. Particularly, the article aims to complement existing research on the role of “orchestration” by and through the UNFCCC process by focusing on how successful transnational initiatives can resonate within the intergovernmental negotiation process in order to inspire more ambitious climate action also on the part of national governments. This issue is addressed by systematically analysing interdependencies between transnational and international governance. Building on a structurational regime model, the article develops a theory of change of how and through which structuration channels non-state initiatives can contribute to changing the politics of international climate policy, traces existing UNFCCC processes and the Paris Agreement with a view to identifying inroads for a more direct feedback from non-state initiatives and derives recommendations on how and under which agenda items positive experiences can resonate within the UNFCCC negotiation process.     

Japan's Research Whaling Is Not Unlawful and Does Not Violate CITES Trade Rules

This article is a critique of two reports of “independent legal experts” sponsored by the International Fund for Animal Welfare (IFAW); the “Paris Panel” and the “London Panel.” The article shows that the Paris Panel's conclusion that Japan's research whaling in the Antarctic is unlawful and an abuse of rights under the International Convention for the Regulation of Whaling (ICRW) is based on misuse of evidence and failure to properly interpret Article VIII of the Convention and the legal status of recommendatory non-binding resolutions. It also shows that the London Panel's conclusion that the import of humpback whales from Japan's research program in the Antarctic and sei whales from its research program in the North Pacific are a violation of trade rules under the Convention on International Trade in Endangered Species of Wild Fauna and Flora is based on incorrect interpretation of that Convention's trade rules. It is concluded that the two independent legal experts panel reports are, from a legal perspective, seriously flawed, rendering their conclusions invalid and relegating the reports to the status of IFAW propaganda.     

Paths toward autonomy: The living conditions of fostered children in western France in the early 20th century

In order to test the validity of widespread notions about the unhappy lives of abandoned French children placed in foster care around the turn of the 20th century, the article uses the case files and inspectors' reports of the Romorantin agency to analyze the nature of fosterage: the children's continuing links to their biological parents, to their foster families, and with the Assistance publique system, which administered the fosterage system and the agency. The Romorantin agency was located in Sologne in the center of France, 120 miles south of Paris, and placed out in the countryside only children “abandoned” in Paris. The analysis suggests that although the lives of fostered children were characterized by constraints and, at times, mistreatment, in many respects, these children were able to experience more autonomy and choice to shape their lives than their peers in “normal” families. A close reading of the sources shows their lives to have had less of the stereotyped unhappiness usually attributed to them.     

REVIEWS

Trevor Locke, New Approaches to Crime in the 1990s Michel van de Kerchove and François Ost, Le système juridique entre ordre et désordre Zillah R Eisenstein, The Female Body and the Law David Lieberman, The Province of Legislation Determined: Legal Theory in Eighteenth-Century Britain S.R. Chowdhury, Rule of Law in a State of Emergency: The Paris Minimum Standards of Human Rights in a State of Emergency