英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

Fatal accidents on glaciers: forensic, criminological, and glaciological conclusions

The rare event of a corpse immersed in glacier ice becoming exposed on a glacier surface is closely connected with the glaciological conditions at the scene and the site of the accident. Provided that the time since death is known, certain questions relative to the circumstances of a mountain accident can only be answered by considering glaciological aspects. How the scene of an accident can be reconstructed by inference from the site of discovery is discussed by means of three exemplary cases that occurred on Tyrolean glaciers (Austria) during the past 40 years: (1) Two corpses were discovered close above the equilibrium line in the accumulation area after 25 years. The two victims had fallen down a rock face after the breaking off of a cornice and had come to rest in the uppermost part of the accumulation area. (2) A victim was discovered in the lower ablation area 8 years after falling down a crevasse in the middle part of the ablation area. (3) A female alpinist was discovered at the very end of the glacier after 29 years; it was concluded that the accident must have happened in the accumulation area.     

The evolution of European legal integration

This article contributes to the development of theories on European integration by testing and exploring statistical models on the long-term development of legislative activity of the European Commission. Drawing on legal information gained from the European Union’s PreLex database and analyzing it with the help of statistical analyses, we map out growth patterns of EU law between 1976 and 2003. We construct time-series models and models based on non-linear regression. While the performance of models based on the traditional theoretical approaches, intergovernmentalism and neo-functionalism, is rather poor, the analysis suggests that nonlinear dynamic models might be an interesting avenue for future conceptualizations of the EU integration process. This article is based on a paper presented at the ECPR Standing Group on the European Union Second Pan-European Conference on EU Politics, “Implications of a Wider Europe: Politics, Institutions and Diversity”, 24–26 June 2004, Bologna, Italy. We would like to thank the seminar participants for useful comments.     

Bureaupreneurs in China: we did it our way

This article explores the different and sometimes conflicting explanations of the success of the collective enterprises (town–village-enterprise) in China during the first phase of transition (1979–1995). It is argued that explanations, relying on cultural variables are not sustainable and this for two reasons. First, the importance of the collective enterprise is shrinking while the private sector is clearly on the rise. Second, other factors, referring to characteristics of the local and central political, administrative and economic environment, in which the Chinese enterprise has to (had to?) operate, provide for a sufficient explanation of the peculiar structure of the Chinese collective enterprises. These enterprises are seen as the result of ?bureau-preneurship’ because local bureaucrats were integrated in their management in order to pre-empt predatory behaviour and to facilitate the relationships with the central institutions. The article contributes to the property rights’ theory of the firm as it analyses an empirically very important case in which firms with unclear property rights and structures, apparently not conducive for incentives, might still be the most efficient option.     

Meanings of terrorism

Terrorism is a notoriously plastic word, depending on user, audience, and political context. This paper focuses on shifts in its meanings since the early 1970s. As federal statutes made terrorism a criminal offense, common usage changed from a broad meaning to one that specified terrorism as a political crime. The argument is that the state shapes meaning and public discourse through law. Peircean semiotics and the semiotic philosophy of Russian linguist Vološinov provide a framework to explore relationships among politics, law, and civil life. Applied to the events of September 11, 2001 such an analysis further allows better understanding of certain interpreters of the September 11 attacks, notably Jean Baudrillard, Jacques Derrida, and Jürgen Habermas.     

Examining Sexual Violence in the Military Within the Context of Eritrean Asylum Claims Presented in Norway

Discussion of rape by soldiers as a form of persecution haslargely been directed towards the context of war or actual conflict.Nevertheless, there is a need for attention to be directed towardsthe phenomenon of rape within the military in the post-conflictperiod. This article discusses asylum claims presented in Norwayby Eritrean female soldiers claiming risk of persecution inthe form of sexual violence, rape, or torture within the military.First, presentation is made of the history of Eritrean women'sparticipation in the war of independence and the ensuing politicaland legislative gains won at the end of the war against Ethiopia.Review of Eritrea's report and responses to the Committee onthe Elimination of Discrimination Against Women (CEDAW) reveala state of backlash against women in the post-conflict period.Second, examination of how rape within the military and desertionmay fall under the criteria of the definition of a refugee accordingthe 1951 Convention on the Status of Refugees is pursued. Comparisonis drawn to instances of rape of women soldiers in the US andIsrael, as well as sexual violence by United Nations Missionin Ethiopia and Eritrea (UNMEE) peacekeepers, revealing commonchallenges affecting prevention and protection strategies. Third,a comparative review is conducted of evidentiary standards inorder to highlight the importance of maintaining a flexibleapproach responsive to the special circumstances of sexual violence.The Norwegian practice indicated a tendency to provide protectionfor compassionate grounds or humanitarian protection, ratherthan asylum. This resulted in non-recognition of the legitimacyof claims based on gender related persecution as requiring legalprotection under the 1951 Convention on the Status of Refugees.