治安管理视角下的社会管理创新中的公民参与问题研究

公安机关在推进社会管理创新的过程中,应当转变社会治理模式、加强行政相对人对社会管理的参与。在治安管理领域,公民参与的制度匮乏、程序缺失、积极性不高等原因导致公民参与整体水平较低,影响了治安管理的效果。通过邀请公民参与规范性文件的制定、建立案件公开制度等一系列方式,全力保障行政相对人对治安管理的参与和知晓,从而促进其对公安机关的理解和支持,达到维护社会秩序稳定的目的。     

The Potential of the Human Rights-Based Approach for the Evolution of the United Nations as a System

The United Nations (UN), facing increasingly intense challenges in the fulfillment of its mission, also harbors the potential for enhanced effectiveness, relevance, and legitimacy in the form of the human rights-based approach. The human rights-based approach (HRBA) is one model for translating the organization??s values into a more adaptive, inclusive, dynamic, and responsive system of processes and outcomes. In the arena of politics, its meeting with a meaningful degree of receptiveness could signal a growing acceptance of the validity of structural approaches to development and other issues despite traditional defensive positions on human rights. Application of the HRBA in programming is leading to greater appreciation for addressing core disparities and promoting empowerment for sustainable outcomes. It is also cultivating new qualities in development practitioners, advancing creativity, openness and responsiveness in organizational culture. In feeding its evolution in this way, the UN as a system has the potential for deeper, longer-term mission fulfillment and thus ensuring its viability.     

Data protection in cloud computing – The Swedish perspective

This article describes and analyses three recent decisions by the Swedish Data Inspection Board (Datainspektionen) directly focused on cloud computing. All three decisions were published on 28 September 2011 as part of a supervisory project seeking to clarify what demands the Data Protection Act places on organisations utilising cloud computing. As such, and due to the fact that similar concerns arise in the three matters, there is considerable overlap between the three decisions. Indeed, large parts of text are identical in the three decisions. To avoid repetition, I discuss the first decision in most detail, and limit the discussion of overlapping issues in the context of the other two decisions.     

Climate resilience in fragile and conflict-affected societies: concepts and approaches

To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos.     

A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

The role of discourses in governing forests to combat climate change

Reducing emissions from forest degradation and deforestation, conserving and enhancing forest carbon stocks, and sustainably managing forests (REDD+) has emerged as one of the most anticipated climate change mitigation tools. This paper aims to understand and identify the underlying discourses that have dominated the emergence of REDD+, by identifying the key story lines in the policy and academic debates on REDD+. As such, this paper takes a step away from the “fine-tuning” of policy recommendations and instead studies REDD+ from a more theoretical approach with the intent to provide a critical analysis of the ideational structures that shape the policies that have emerged around REDD+. The analysis shows that ecological modernization and its accompanying story lines constitute a dominant notion of REDD+ as being able to manage the complexities of forest in a synergetic way, combining cost-efficient and effective mitigation with sustainable development. The paper also identifies the critical counter discourse of civic environmentalism, which criticizes this notion of REDD+ and instead promotes issues such as equity, the importance of local knowledge, and the participatory process. It argues that reducing deforestation involves trade-offs between economic, ecological, and social dimensions, also arguing that REDD+ fits overwhelmingly with the interest of the global North.     

Between a rock and a hard place – An international law perspective of the difficult position of globally active Internet intermediaries

With its ability to create a global legal risk exposure, combined with contradicting rights and duties, and limited enforcement possibilities, the Internet has created a unique environment where persons and corporations legitimately can question whether they should comply with all the laws that apply to them. Focussing on the role of globally active Internet intermediaries, this article attempts to tackle this issue by discussing the potential for, and potential features of, an international law doctrine of selective legal compliance.     

Digital era open government and democratic governance: The case of Government of Canada Wikipedia editing

As digital era open government initiatives are deployed globally, researchers are debating their effects on democratic governance. We develop a framework to evaluate whether these initiatives improve or undermine democratic governance and apply it to the case of Government of Canada Wikipedia editing and an automated Twitter account (@gccaedits) tracking this activity. Through content analysis of edits and analysis of access to information requests we show that while most edits made are useful and non-partisan, the response of news media and government managers ultimately renders the editing a threat to democratic governance. This complexity highlights the importance of assessing the merits of open government initiatives in their broader socio-political context. The findings also suggest that more fundamental shifts in contemporary political, media and administrative cultures are necessary before the potential benefits of open government reforms can materialize.