＂Common knowledge＂ and the legal construction of race： Constructions of white people through U.S. expansionism,naturalization and immigration law

This article takes as a starting point, key claims from studies of the invention of the human category ＂white＂ during the late Seventeenth Century in Colonial North America： that ＂white＂ reflecting a unique group of humanity was an invention deployed to divide laborers; that white people were by law assigned greater material value and rendered more valuable; and that those who were seen as white were thought to be like the British and believed to be superior to those seen as nonwhite. Each of these claims will be briefly reviewed. Building upon the foundation of whiteness studies in law and history, this article explores what Ian F. Haney Lopez identifies as the ＂common knowledge＂ of race, the legal standard established within naturalization prerequisite cases in order to determine whether one was racially ＂white＂ by law. This article works to bridge the ideas revealed through studies of the invention of white people within Colonial North America and this legal standard that emerged in the 1920s. U.S. expansionism, immigration and naturalization law in the Nineteenth and Twentieth Centuries provide critical areas of inquiry for the developing understanding of the ＂common knowledge＂ of race and the role of law in the construction of race.     

Indonesian labour law development and reform： The years of ratifying fundamental human rights defined within the ILO core conventions

Indonesia has a long experience in developing and reforming its labour law in order to response and accommodate fundamental human rights defined within International Labour Organization （ILO） core conventions. It was in particular for enhancing substance of workers＇ prosperity in industrial relationships in the country. For the purpose of changing paradigm in industrial relationships namely the corporatist model or regulatory model into the contractual model and replacing the single union system with multi-union system in term of labor institution and worker association （particularly based on the ILO Convention No. 87 and No. 98）, the government of Indonesia fairly enacted the Act No. 21 of 2000 regarding Trade Unions and the Act No. 13 of 2003 regarding Labor.     

Establishing Countermeasures against Illegal Border Entry and Exist——Practical considerations based on the security and local custom of ethnic areas at Yunnan border

边境是指连接国家边界线两边的一定的区域.云南边境与越南、老挝、缅甸接壤,由于特殊的地理环境,边境两侧无天然屏障,临时入出境通道、便道不计其数,加之当地居民长期养成了从乡间便道过境耕牧、走亲串友的生产、生活习惯,导致出入境管理异常困难,多年来形成“有边难防”的局面.大量存在的非法出入境行为,严重威胁和影响着边疆地区社会的稳定与边防安全,遏制非法出入境行为势在必行.应该在考虑民族地区的特殊情况、依法适当变通的前提下,建构“有边严防”的管理模式.     

National self-image as an obstacle to ensuring children’s rights in the context of domestic violence and family law – the case of Sweden

ABSTRACT

The aim of this paper is to highlight and discuss contradictions and challenges in the current policy and practice regarding fathers’ violence towards mothers and children in the Swedish welfare state. In particular, professional discourses and understandings of domestic violence in disputes about contact, custody, residence and maintenance, following parental separation, are analysed. My research suggests that abusers find ways to manipulate professionals and get them unwittingly to enable their continued control of victimised mothers and children. One conclusion is that oppression is maintained through processes of familialisation and selective repression. These discursive practices reproduce intersectional inequalities and, in doing so, in many cases result in the administration rather than prevention of further violence.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

The application of the Khiyar al-‘Aib (option of defect) principle in on-line contracts and consumer rights

This paper scrutinises the legal protection of consumer rights in on-line contracts through the application of Khiyar al-??Aib (option of defect). Khiyar al-??Aib is a legal Islamic mechanism by which, one party, both parties or even a third party can nullify a contract, electronically or conventionally. Khiyar (option) means the authority to nullify a contract and Aib means defect. In fact, it is a right given to the purchaser to cancel the contract if he discovers that the object acquired has defect that diminishes its value. In on-line contracts, the consumer has no direct contact with the merchant and cannot easily verify the quality of the goods, thus creating a situation in which contracting parties are not at equal bargaining strength. Therefore, application of Khiyar al-??Aib (option of defect) would be helpful in protecting consumer rights in the virtual world. This paper explores the Islamic principles by taking Iranian laws as well as the European law as a point of reference.     

The expression of cultural and religious practice： A constitutional test

Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society＇s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom？ The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.     

The impact of mining rights on the local communities in Limpopo Province, South Africa： A comparative study

The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas： planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation etc, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

Resolving armed conflict： The Acehnese experience of mediation

A growing number of armed conflicts are ending in negotiated and mediated settlements. While mediation has been acknowledged as an effective means of dispute resolution in many areas, such as family law, medical law and commercial law, it has only quite recently been employed for the resolution of armed conflicts. It is the aim of this article to analyze how mediation was successfully employed in resolving conflicts in the region of Aceh in Indonesia. After 25 years of armed conflict, a peace deal was signed in 2005 between the government of Indonesia and an armed Acehnese group, the Gerekan Aceh Merdeka（GAM）. This article will detail the history of the conflict and the mediation process, focusing on the mediation strategies and characteristics.     

Biometrics,e-identity and the balance between security and privacy： A case study of Passenger Name Record （PNR） system

The proposal of European Commission for a Framework Decision on the use of Passenger Name Record （PNR） data for law enforcement purposes, specially combating terrorism, raises new security and privacy issues such as the compatibility with the proporsionality principle. Aftermath of the September 11 attacks a new political-law status of ＂war＂ against the so-called unlawful combatants of the ＂enemy is established. Some measures against terrorism may seem reasonable in a situation of war although they would never be acceptable in a time of piece.     

The Great Development of the Criminal Procedural System with China＇s Characteristics

刑事诉讼法修改在坚持从我国基本国情出发,循序渐进地推进我国刑事诉讼制度的完善;坚持统筹处理好惩罚犯罪与保障人权的关系;坚持着力解决在惩治犯罪与维护司法公正方面存在的突出问题原则下,贯彻了“尊重和保障人权”的宪法原则,对证据制度、辩护制度、强制措施、侦查程序、审判程序、执行程序等方面作了完善,是中国特色刑事诉讼制度的重大发展。但在取得很大成绩的同时,问题与不足也是客观存在的,还需要进一步完善,并通过司法解释的出台和实施细则的制定加以弥补。     

The Standard of Legal Definition of the Small and Medium Enterprise——From the aspect of comparative law

西方各国对“中小企业”的立法界定标准差异显著,在其本国内每一部政府扶持立法通常都规定了自己的“中小企业”定义.我国对“中小企业”的立法界定标准先后进行过几次大调整,但目前的立法仍存在诸多缺陷,需要进一步加以完善.立法界定“中小企业”,应以“小”的本质涵义为起点,以“相对随意性”为指导理论.     

Impact of the popular legal participation on forced confessions and wrongful convictions in Japan＇s bureaucratic courtroom： A cross-national analysis in the U.S. and Japan

The interrogation and lengthy detention of the accused by Japan＇s police and prosecutors without access to legal counsel has generated many forced confessions in Japan＇s criminal court. As results, past research estimated that a large number of innocent people have been falsely convicted, and some of them were even executed for crimes they have not committed. Since almost all of indicted cases result in convictions in Japan＇s criminal court, allegations of wrongful convictions have raised serious human rights issues, and the use of forced confessions in criminal proceedings has long been criticized by families of the accused, their attorneys, legal scholars, citizen activists, and international human rights groups. This paper examines whether or not the 2009 introduction of the Saiban-in Saiban （the quasi-jury trial）, where ordinary citizens deliberate together with Japan＇s bureaucratic judges, helps prevent instances of wrongful convictions. As Japan＇s high conviction rate has substantiated that the Japanese court may be another bureaucratic system that is more interested in preserving its own authority and maintaining the status quo, the infusion of non-bureaucratic legal participants into the traditional judicial process may create the potential to alter the nature of trial processes, the quality of deliberations, and thus ultimate outcomes of criminal trials. Based on interviews and survey responses from Japan＇s grand jury （i.e., Kensatsu Shinsa-kai, or prosecutorial review commission （PRC）） participants and American citizens who served in jury trials, the paper explores the ways in which civic participation in criminal processes may affect the quality of legal decision making in Japan＇s criminal court.     

Applying the applicable law： The ex aequo et bono provision of the FAT Rules

One of the characteristics of arbitration is the freedom of the parties to choose the applicable law, i.e., the law governing the merits of the dispute. According to the FAT Rules （art. 15.1）, ＂Unless the parties have agreed otherwise the Arbitrator shall decide the dispute ex aequo et bono, applying general considerations of justice and fairness without reference to any particular national or international law.＂ In fact in almost all the cases ruled by FAT, the parties choose the application of ex aequo et bono.     

The Development History of Rule of Law in China and Its Social Power——To commemorate the 82 Constitution promulgated 30 anniversary

我国法治建设虽然经历了风风雨雨的曲折和披荆斩棘的艰难,但总体上廓清了法治天空中的许多迷雾,促使中国开始迈入法治初级阶段.1982宪法在恢复和加强民主法治方面有较大的进步,也存在诸多不足.当前的法治状况还有后退之忧.今后法治建设的目标应当由依法治国上升到依宪治国,建设宪政国家.法治改革的动力主要是来自民间的维权活动和公民社会的发展,与党政内部改革派力量结合,上下互动,政治改革与法治进步才有希望.