我国流域水资源可持续利用的法律问题及对策

实现流域水资源的可持续利用,对于保障和促进我国经济社会的全面、协调、可持续发展具有重要的现实意义和深远的战略意义.我国流域水资源现状是人均占有量少,流域分布不均,浪费严重,污染加剧.流域水资源存在的法律问题主要是立法理念陈旧,法律法规相互冲突,水权界定不清晰,流域生态补偿的法律制度缺失,公众参与立法制度缺位.解决的法律对策是转变指导思想,更新立法、执法理念,制定流域法,建立系统的流域管理机构,建立水权制度和流域生态补偿法律制度,建立完善公众参与制度.     

Pathways Towards New Criminalisation: The Case of Stalking in Portugal

Stalking, which is a form of interpersonal violence, has been increasing and has a significant impact on affected victims. However, despite established scientific consensus, the juridical–legal system, specifically in Europe, is still extremely asymmetric. Portugal, compelled by scientific data and the Istanbul Convention, was the most recent country to approve specific legislation against stalking. In this critical review, we describe the previous national situation and provide examples from other countries to elucidate the trajectory of the recent criminalisation process, analyse the existing legal content and reflect upon the implications and challenges associated with this legal progression.     

水(权)转让或转移:实现水资源可持续利用之路——美国视角

水是所有生命得以存续的不可或缺之物。经济的发展、生活水平的提高和价值理念的变化导致水资源需求在种类、数量和质量上的不断增加。但是,一国管辖范围内乃至地球上可利用的水资源是相对不变的,因而需要对之进行重新配置,实施水(权)转让或转移。转让或转移不仅事关法律问题,而且涉及经济、社会、环境等问题;不仅关系国内层面,而且牵涉国际层面。在这篇经典文献中,塔洛克教授以美国为视角,从水资源配置的历史、法律、经济、地理、政治、环境、社会理念和文化等诸多方面,对这一问题进行了全方位、跨学科的学术剖析。对于纠正国内一些学者对美国水权制度认识上的偏差,帮助我们了解美国法学界的跨学科研究,推动我国建立以可持续发展为理念的水资源配置制度,文章具有一定的积极作用。     

U.S. International Broadcasting: The Case of Iran

This article is an examination of the current state of U.S. broadcasting to Iran. It also gives an overview of the structure of U.S. international broadcasting. The author illustrates how under the Bush administration, Radio Farda and Voice of America Persian TV were held accountable for helping to destabilize the Islamic Republic of Iran. However, critics, including those in the Pentagon and a number of congressional members, doubted the capacity of Radio Farda, in particular, to carry out such a purpose because of its entertainment focus. Contrary to self-professed declarations of independence and free and objective journalism, the author argues that the U.S. government uses strict editorial control to restrict its broadcasting entities within the boundaries of its foreign policy objectives.     

The Kosovo Case and International Law: Looking for Applicable Theories

The Kosovo problem represents a formidable occasion to re-examinesome basic tenets of international law, such as the so-calledright to humanitarian intervention, the right to self-determinationand the right of recognition. It will be shown here, however,that many proposals suggesting the need of a radical departurefrom traditional positions are ill-conceived. Nonetheless, itis the uniqueness of many facets of the Kosovo problem thatrequires the analyst to look for new solution. It is now upto the International Court of Justice to show the way in a politicallymuch loaded case. In particular, the right to self-determinationshould find a re-interpretation corresponding to the needs ofthe twenty-first century.     

International Norm Diffusion and Organised Crime Policy: The Case of Greece

The premise of this paper is that a section of the Greek policy-making elite responsible for formulating policy against organised crime has taken advantage of an internationally-developed programme of action on this issue to strengthen perceptions of the Greek state's legitimacy amongst both domestic and foreign audiences. Although positive reaction to foreign pressure for policy change has tended to be made at the risk of losing further legitimacy in the eyes of domestic public opinion, in this case the issue of organised crime has presented an opportunity to the policy-making elite to develop policy that also aims to bolster the domestic legitimacy of the state by dealing with criminality and presenting the state as a clean and neutral body acting for the common public good.     

Towards a Harmonious World: The Roles of the International Law of Co-progressiveness and Leader States

This paper briefly summarizes the tenets of the idea of a HarmoniousWorld as proposed by China, compares them with those of a Co-progressiveWorld as proposed by the author and highlights the importantroles of the international law of co-progressiveness and leaderStates in realizing the vision of the Harmonious World or Co-progressiveWorld.