自然保护地立法的体系化:问题识别、逻辑建构和实现路径

建立中国特色国家公园体制以及以国家公园为主体的自然保护地体系是中共十八届三中全会提出的重点改革任务,而推进自然保护地立法体系化是2019年《关于建立以国家公园为主体的自然保护地体系的指导意见》中的明确要求。自然保护地作为国家履行环境保护义务而运用区划工具进行管理的一种公物,其体系化建设是实现改革目标的要求。立法的体系化不仅是达到保护目标的现实需求,而且也是法律体系化在自然保护地领域的有效延伸。自然保护地立法的体系化包括形式意义的体系化(即结构的体系化)和实质意义的体系化(即功能的体系化)。结构的体系化是指通过立改废释等方式,构建全面完整的自然保护地立法框架;功能的体系化是指将各项法律功能分配给相应的法律法规,该功能的实现需要在自然保护地内部法律法规之间进行合理配置,也需要与外部相关法律之间形成有效衔接。唯此,自然保护地立法的体系化才能推动以国家公园为主体的自然保护地体系和中国特色国家公园体制的建成。     

Siting the Death Penalty Internationally

We examine sources of variation in possession and use of the death penalty using data drawn from 193 nations in order to test theories of punishment. We find the death penalty to be rooted in a country's legal and political systems, and to be influenced by its religious traditions. A country's level of economic development, its educational attainment, and its religious composition shape its political institutions and practices, indirectly affecting its use of the death penalty. The article concludes by discussing likely future trends.     

Competence or Confidence? The Appropriate Forum to Address Multi-Purpose High Seas Protected Areas

This article addresses the question of the most suitable forum for discussions on the establishment of marine protected areas beyond national jurisdiction, and on the complementary role of other international organizations and processes related to marine biodiversity and fisheries. In light of negotiations in 2005 and 2006 within the context of the United Nations Convention on Biological Diversity (CBD) and the United Nations General Assembly, it is argued that consensus on the leading role of the General Assembly was based on political grounds – a judgement call based on the confidence in this forum to address ocean issues in an integrated manner – rather than strictly on the competence of the CBD in relation to the high seas.     

我国海洋保护区制度的实施与完善:以海洋生物多样性保护为中心

我国海洋保护区制度在地域规划、功能分类以及治理模式等方面存在着较大缺陷,应予进一步完善。在地域上,应推进建设南海海洋保护区,并在我国专属经济区内构建更多的海洋保护区。在功能上,应借鉴美国NOAA的分类标准,区分生物与非生物资源并实施不同的保护水准和保护措施。在治理模式上,应弱化目前的政府管制型治理模式,强化自愿性尤其是共管型治理模式,推进政府与社会公众的管理分享。     

Defining Criminal-states

Governmental views on belligerent and near-belligerent states are discussed along with evolving US terms for these dangerous states. The post 9/11 security environment requires the recognition of a new form of dangerous state — the ‘Criminal-state’ a by-product of belligerent non-state entities and their networks at war with the nation-state form. Four criminal-state forms originating from Jihadi insurgency, state failure-lawless zones, external criminal takeover, and oligarchic regimes are then highlighted. Until the new security environment is openly recognized as merging with global criminality, and the fact that it contains highly adaptive ‘small, fast, and ruthless’ challengers to the nation-state form accepted, our ability to fully define the new threat of ‘Criminal-states’, highlighted in this essay, will be impeded.     

为专利权质押正名

知识产权质押融资,一个不是很新的概念。在走过几年之后,质押融资究竟面临怎样的现实、机遇和困境?本刊编辑部从这一期开始,将推出《知识产权质押融资:路在何方》系列专题,探究质押融资这些年来的得失。同时工信部电子知识产权中心和本刊将于近期举办质押融资的专题研讨会,为促进质押融资和中小企业的发展出谋划策,详情请关注本刊近期专题。     

International Whale Conservation in a Changing Climate: The Ecosystem Approach,Marine Protected Areas,and the International Whaling Commission

Abstract

Whale populations are exposed to a suite of contemporary threats, including by-catch, ship strikes, habitat degradation, and climate change. Of these threats, climate change presents the most challenging management dilemma because it pressures whale populations directly (e.g., by altering habitat suitability) and indirectly (e.g., by increasing disease transmission and exposure to toxicants, by affecting prey abundance, and by exacerbating other threats). There is also an emerging scientific understanding of how healthy whale populations constitute an important biological component of the climate system and contribute to climate change mitigation. The International Whaling Commission (“IWC”), which is the primary international organization dedicated to whale conservation and management, has investigated and studied climate change but has failed to develop a commensurate management response. Conversely, parallel developments in international wildlife conservation and management evince support for an integrated and holistic ecosystem approach (“EA”) and urge the immediate development of climate-adaptive measures. The EA has been operationalized in prominent legal instruments and through various management techniques, including marine protected areas (“MPAs”). In view of observed and predicted effects of climate change on whales, this article proposes a new approach to designating and protecting whale sanctuaries at the IWC that better aligns with a contemporary understanding of the EA and MPAs, and that can advance the IWC’s institutional transition towards climate-informed modernized management. This proposed innovation is tested for its legal permissibility and political feasibility, and the analysis concludes that improving the IWC’s regulatory functionality remains a crucial conservation objective.     

Sidney Kaye, Ph.D. Internationally renowned forensic toxicologist

The importance of Dr. Sidney Kaye's contributions in the field of forensic science cannot be over-emphasized. He can be called a pioneer in the field of forensic science and forensic toxicology because of the many contributions he has made to analysis, the literature and poison control, as well as activities in alcohol and drug analysis. He has been fortunate in being a part of history through his relationship, as a student, to Dr. Alexander Gettler, the founder of modern-day forensic toxicology, and by working with Dr. Gradwohl in Saint Louis, Missouri in the 1950s, when the American forensic sciences were being organized. Dr. Kaye is one of the founders of the American Academy of Forensic Sciences, the foremost and largest forensic science organization in the World. It is for these reasons that he received the Alexander O. Gettler Award by the Toxicology Section of the American Academy of Forensic Sciences, for outstanding analytical achievements in forensic toxicology, at the annual meeting of the American Academy of Forensic Sciences, in Las Vegas, Nevada, on February 14, 1985.     

"打击核恐怖主义全球倡议"的背景分析

"打击核恐怖主义全球倡议"是美俄两国共同发起的一项新的旨在防止核恐怖主义和制止核材料及放射性物质扩散的国际行动计划.倡议的政策基础是美俄两国承认核恐怖主义威胁构成当今最危险的国际安全挑战之一,政治基础是两国防止核扩散与核恐怖主义威胁的成功努力与合作,现实基础是现行努力尚不足以消除或减少核武器或材料落入恐怖分子手中可能造成的不可接受的危险.     

Protected activities of nonunion employees

The vast majority of American workers are nonunion and therefore unprotected by many of the mechanisms established through collective bargaining. They are protected to some degree, however, by a number of statutes and evolving legal doctrines that limit the employer's right to hire, fire, or otherwise discipline its nonunion people. The most elemental of these limitations is embodies in the National Labor Relations Act: section 7 protects the concerted activities of nonunion employees, section 8(a)(1) makes it an unfair labor practice for an employer to interfere with the section 7 rights of its employees; and section 10(c) grants the National Labor Relations Board broad remedial powers to correct violations, including the power to reinstate workers with or without back pay. The following article will examine this basic protection of nonunion employees and will point out those areas in which the Board has attempted to expand the scope of section 7's protection.     

A Dilemma for Protected Reasons

Joseph Raz’s account of norms provides that a norm requiring an agent to φ is a reason to φ protected by an exclusionary reason not to act on some other reasons. I present a dilemma concerning the determination of the contents of this set of excluded reasons. The question is whether or not the set includes reasons that count in favour of φing. If the answer is yes, the account is committed to a picture of norms that seems inconsistent with the phenomenology, in that it rules out acting on the very reasons on which the norm is based. If the answer is no, the account licenses a problematic form of double counting of reasons. I conclude that Raz’s protected reasons account of norms must be rejected, and tentatively suggest a solution to the problem posed by the dilemma.