The violence of silence: some reflections on access to information, public participation in decision-making, and access to justice in matters concerning the environment

The proposition put forth in this paper is that whether—and the extent to which—harm or potential harm to the environment (its natural resources, living beings, and their ecosystems) is identified, resisted, mitigated, or prevented is linked to the nature and scope of public access to information, participation in governmental decision-making, and access to justice—which are often referred to as “environmental due process” or “procedural environmental rights.” Using examples in the United States of attacks on law school clinics and denial of standing in court, this paper argues that restrictions on public access to information, participation in decision-making, and access to justice create legacies and “cultures of silence” that reduce the likelihood that future generations will be willing and able to contest environmental harm.     

中国加入WTO十年的法理断想:简论WTO的法治、立法、执法、守法与变法

在中国加入WTO"满九晋十"之际,针对目前国内外学界流行的某些看法,提出若干商榷意见和建言,是很有必要的。中国人亟宜认真总结加入WTO九年以来的实践经验,对WTO的体制及其立法、法治、执法现状,进行一分为二的科学剖析和判断,提高认识,用以指导今后的新实践。中国和国际弱势群体既要在WTO现存体制中"守法"和"适法",在实践中精通其运行规则,使其为我所用,最大限度地趋利避害;又要在实践中明辨是非臧否,深入探究WTO现行体制中对国际弱势群体明显不利和显失公平的各种条款和"游戏规则",认真思考其变革方向,并通过"南南联合",凝聚力量,推动"变法图强",促使WTO法制和法治与时俱进,造福全球。     

Effects of cocaine and heroin,and their combination,on the development rate of Calliphora vomitoria (Diptera: Calliphoridae)

Insects present on or near decomposing bodies are collected by forensic entomologists and used to estimate the post-mortem interval. Drugs metabolized by a person before death may affect the rate of development of insects feeding on the corpse. This study aimed to determine the effects of cocaine and heroin main metabolites on the development rate of the Calliphora vomitoria (Diptera: Calliphoridae) and their implications on minimum post-mortem interval determination. Groups of 250 eggs each were placed into four separate pots of 150 g of minced pork meat being either un-spiked, or spiked with benzoylecgonine, morphine, or a combination of both. Larval length (mm) and weight (mg) measurements were taken twice daily and the rate of development of the insects’ life cycle was monitored until eclosion. Results show that cocaine-fed larvae developed less in length and weight than the control group. Heroin-fed larvae showed a more fluctuating pattern, being smaller and lighter than the control group for most of their larval cycle, but overtaking them in both parameters towards pupation. Combination-fed larvae seemed to favour the effects of cocaine. The three conditions also had a significant impact on the length of the insects’ life cycle. Cocaine and drug combination treatments increased the length of the second and third instar stages, but led to the shortening of pupation and accelerated eclosion. Conversely, heroin treatment led to lengthier pupation. Interestingly, the effects of the drug combination seemed to mirror more precisely those of cocaine.These findings indicate that both cocaine and heroin, singularly and in combination, have sizable effects on blowflies’ development rates, potentially biasing post-mortem interval estimations.     

Prohibition of Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment: Some Remarks on the Operative Solutions at the European Level and their Effects on the Member States. The Case of Italy

This paper analyzes European measures against torture and inhuman or degrading treatment or punishment in order to verify their effectiveness, especially in terms of the values that are actually being protected. First, it examines the distinction between the external and internal action of the European Union, highlighting ways in which the EU appears to be more attentive to combat practices of torture in third countries than to domestic incidents and the proposals to legalize torture made at a political level in some Member States. Then, it examines the European Court of Human Rights’ ruling in the Cestaro versus Italy case, focusing specifically on the fact that Italy was in breach of its obligations under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, because the framework does not recognize torture as a crime and does not provide instruments of deterrence to effectively prevent the execution and the recurrence of such acts. Currently, the Italian Parliament is discussing a draft amendment to the Criminal Code and aims at introducing the concept of torture as a crime; however, in light of the comments made by the European Court of Human Rights, this project questions whether the proposed solution will be able to prevent a repeat of events similar to those that occurred in 2001 after the G8 Summit in Genoa.     

蒙特利尔公约对于我国航空运输合同法律制度构建之影响——兼论明确我国大陆与港澳台间航空运输合同法律制度的紧迫性和必要性

在航空运输业由一个新兴产业发展为成熟产业、法律所依存的经济社会条件已发生根本变化的情况下,1999年<统一国际航空运输某些规则的公约>(简称1999年<蒙特利尔公约>),以统一华沙体制下的各项公约和议定书为目标,基于航空运输中新的条件和要求对国际航空运输凭证规则和承运人责任制度进行了重大修改.该公约反映了国际航空私法立法的趋势,体现了对消费者利益的保护,可以说,蒙特利尔公约的制订表明规范国际航空运输的民事法律制度重新走向一体化和现代化.该公约不仅是我国国际航空运输应该遵循的规则,它对于我国国内航空运输民事法律制度的完善也有着十分重要的现实意义.更加值得注意的是,蒙特利尔公约的规则和制度对于明确我国大陆与台湾之间及内地与港澳之间所谓的特殊管理的国内航空运输的民事法律制度、填补有关法律空白提供了很好的法律解决方案.