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131.
Jacques deLisle 《Orbis》2012,56(4):608-642
Among China's unresolved frontier questions, the South China Sea has become the most complex and troubled, and arguably the most significant and disconcerting. The economic and security stakes are high and the stake-holding states numerous and diverse. The claims that China (and others) make about the region reflect such interests but they are, ultimately, legal claims. Beijing's assertions of rights to the disputed areas have rested on three conceptually distinct grounds. Each presents a different mix of challenge and accommodation to international legal norms and the interests of other states, including China's neighbors, near-neighbors and the United States.while China's behavior (as well as that of other interested states) has been more and less assertive at various times, China's three basic arguments claiming rights to the region have been comparatively stable. Both China's pattern of multiple legal arguments and fluctuating actions and rhetoric do little to resolve the debate over whether a rising China will be deeply disruptive of the regional and international order or whether it can—with sufficient skill and tolerable adjustments—be accommodated and integrated. Although China's stance on rights in the South China Sea may be partly the accidental product of conflicting agendas and shifting assessments, Beijing's embrace of three distinct lines of legal argument arguably constitutes a strategy that serves China's interests given the factual, legal and strategic environment that China faces. 相似文献
132.
Ana Laura Bemvenuti Jacques B.S. Maíra Kerpel dos Santos Ph.D. Renata Pereira Limberger Ph.D. 《Journal of forensic sciences》2019,64(6):1906-1912
A liquid chromatography–mass spectrometry method using dried oral fluid spots was developed and validated for the simultaneous quantification of cocaine, benzoylecgonine, cocaethylene, amphetamine, and 3,4‐methylenedioxymethamphetamine. The oral fluid was applied to a Whatman 903 grade paper and submitted to a drying time of 2.5 h. The extraction procedure was optimized by chemometric approach using simplex centroid design. Spots were extracted with a mixture of acetonitrile, buffer, and methanol. Calibration curves covered a linear concentration range of 40–500 ng/mL. Validation parameters of linearity, precision, accuracy, selectivity, carryover, matrix effects, and stability were evaluated and showed satisfactory results. Spot homogeneity was also satisfactory, with less than 15% of deviation from nominal concentration. Spot volume did not influence accuracy when less than 100 μL of the sample was applied to the spot. The validation of the proposed method suggests a potential application in different scenarios in toxicology. 相似文献
133.
Gerrit De Geest Giuseppe Dari-Mattiacci Jacques J. Siegers 《International Review of Law and Economics》2009,29(4):349-359
An annullable penalty is a sanction that is applied unless monitoring takes place and the agent is found non-shirking. An annullable bonus is a bonus that the agent receives unless he has been monitored and found shirking. Annullable penalties and bonuses stand in contrast with normal penalties and bonuses, which are only applied if monitoring has taken place. While real-life examples of annullable penalties are rare (an example is a sanction for which the burden of proof is reversed), there is a clear and oft-discussed example of annullable bonuses: efficiency wages. Under efficiency wages all employees receive a bonus (an overpayment), except for those who have been monitored and found shirking.This paper analyzes under what conditions annullable bonuses or penalties make economic sense. On the one hand, annullable bonuses and penalties have a degree of ineffectiveness that is absent in their normal counterparts: the penalty paid by or the bonus paid to non-monitored agents does not improve their incentives. Not only does this ineffective part make the expected sanction or bonus higher than necessary but it also creates an implicit tax on low monitoring levels and hence distorts monitoring choices. On the other hand, the annullable variants may change the ex post incentives of the agents (to come up with evidence) and the principal (to monitor as promised). As a result, annullable bonuses (such as efficiency wages) can be rational choices when the principal cannot credibly commit to paying bonuses with a certain probability, and annullable penalties can make sense when the agent needs an incentive to reveal information. 相似文献
134.
Jacques de Ville 《International Journal for the Semiotics of Law》2008,21(2):117-137
In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look
at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive
is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well
as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation.
This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School,
University of London.
相似文献
Jacques de VilleEmail: |
135.
Jacques De Ville 《Law and Critique》2008,19(2):87-114
This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation,
speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present
context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s
thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of
ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in
Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications
for constitutional interpretation.
相似文献
Jacques De VilleEmail: |
136.
Jacques de Ville 《Law and Critique》2010,21(1):17-37
In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way
in which Foucault’s texts, and especially the more recently published lectures, should be read; and (2) establishing the relation
between law and madness. The article firstly calls for a reading of Foucault which exceeds metaphysics with the security it
offers, by taking account of Derrida’s reading of Foucault as well as of the heterogeneity of Foucault’s texts. The article
reflects in detail on a text of Derrida on Foucault (‘Cogito and the History of Madness’) as well as a text of Foucault on
Blanchot (‘Maurice Blanchot: The Thought from Outside’). The latter text shows that Foucault was at times acutely aware of
the difficulty involved in exceeding metaphysics and that he realised the importance in this regard of a reflection on literature.
These reflections tie in closely with Foucault’s History of Madness as well as with Derrida’s reflections on literature and on madness. Both Derrida and Foucault contend that law has much to
learn from literature in understanding the relation between itself and madness. Literature more specifically points to law’s
‘origin’ in madness. The article contends that a failure to take seriously this origin, also in the reading of Foucault’s
lectures, would amount to a denial by law of itself. 相似文献
137.
138.
Law and Critique - This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics... 相似文献
139.
140.
China-EU Law Journal - The purpose of this contribution is to present to the readers the Chinese Civil Code which entered into force the first of January 2021, and to bring to their attention the... 相似文献