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In 2017, the Russian Embassy in Washington DC protested that officials had carried away Russian diplomatic archives from their San Francisco Consulate-General, without supervision of Russian diplomats. The objective of this article is to analyze critically the meaning of the legal doctrine of the inviolability of diplomatic archives. The research question is what distinguishes documents in the form of a diplomatic archives from a solely organic arrangement. The Cardinal Rule of Provenance, applied to diplomatic archives, transforms the status of the documents so that diplomats have a sole right to act on them, so to make reasoned judgments.  相似文献   

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Disclosure or non-disclosure is one of the key issues in insurance contract. This paper compares laws on remedy for no-disclosures in European and other major jurisdictions. It concludes there are generally two different approaches on remedy for non-disclosure—(1) the strict disproportionate approach; and (2) the proportionate approach. The paper introduces an asymmetric information model to elaborate on the ongoing debates over the various normative issues of fairness with respect to the two different approaches. It confirms that the proportionate approach serves better the goal of fairness, in particular for the insured who acts honestly but carelessly provides bad information to the insurer. The model provides a statistical tool for a correct range of remedy on non-disclosure.  相似文献   

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In this paper, we examine and compare the two important production hubs in Asia: China and Greater China and India and South Asia. We show that in China, Hong Kong and Taiwan, manufacturing trade has continued to be highly relevant, with trade in parts and components growing in importance. In contrast, in India, Pakistan and Sri Lanka, trade in parts and components remain limited. We then calculate various revealed comparative advantage (RCA) indices, which China having more components with RCA values exceeding one. Some of the most important components exported by China include electronic parts and telecommunication parts. One explanation is to why India is relatively weak in parts and components trade is that India is strong in service trade. Other reasons may be related to better port infrastructure, higher research and development intensity and higher educational enrollments in China.  相似文献   

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Determination of sex from the skeleton is vital to medicolegal investigations. There is no longer any question that populations differ in size and proportions and these differences affect the metric assessment of sex. The extent of variation in sexual dimorphism among Asian Mongoloids within and between regions has not been quantified by discriminant function analysis, nor have standards for most groups been introduced for the humerus. Therefore, the purpose of this research is to establish metric standards for sex determination from the humerus of Chinese, Japanese and Thais, as well as to compare size and sexual dimorphism in these Asian Mongoloid populations. The database for this study consisted of documented skeletal samples from China (N = 87), Japan (N = 90), and Thailand (N = 104). Six standard dimensions, including maximum length, vertical head diameter, minimum midshaft diameter, maximum midshaft diameter, midshaft circumference, and epicondylar breadth were taken and subjected to stepwise and direct discriminant function analysis. Of dimensions selected by the stepwise function, vertical head diameter and epicondylar breadth were the only elements common to all three groups. Overall, mean accuracies were highest using formulae produced by the stepwise procedure and ranged from 86.8% in the Chinese to 92.4% in the Japanese to 97.1% in the Thais. Group comparisons also revealed that while the Chinese had the largest measurements, they were the least dimorphic. The reverse was true for the Thais and the Japanese were intermediate on both counts. In cross validation tests, classification accuracy decreased in all cases where a formula from one group was applied to another. It was therefore concluded even though all individuals were Asian Mongoloids, these regionally diverse populations exhibited significant metric differences that affect sex determination from the skeleton. These findings confirm those of previous studies that there is a need for group specific metric standards of assessment.  相似文献   

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