公平原则及相关情况规则探讨——兼析中国东海大陆架划界基本主张

新近,国际法院在相关的司法判例中提出了公平原则及相关情况规则,尤其在2009年罗马尼亚诉乌克兰黑海划界案中确认了这一具体规则及其适用方法。该项规则是建立在公平基础之上的,相比其他划界方法而言,更强调原则的属性。实际上,公平原则常常使用各种方法的结合以便取得公平结果。由于公平原则在划界领域可以平衡各种公平因素,因此在海洋边界划分中具有习惯法的地位。据此原则,中国有关东海大陆架划界的基本主张不容置疑。     

战后日本在亚太安全格局中的身份建构

战后,日本界定新的国家认同,重塑国家利益,重建在亚太安全格局中的身份。以日美同盟为平台和支柱,日本实现了冷战格局中的身份建构与转型,追逐着冷战后亚太地区秩序重建中的身份重构。日本已从低姿态专注于一国繁荣的小国,走向高姿态意欲主导亚太安全格局的大国。目前和将来的一段时期内,争取亚太安全格局的主导权仍是日本孜孜以求的战略目标和身份特征。然而,以日美同盟为基轴的身份建构模式,必然会使日本受到负面效应的冲击。日本在亚太安全格局中的身份建构过程,同时影响并部分建构着亚太安全格局。     

Nationalism in Russia

The articles in this issue examine the role played by nationalism in present-day Russian politics, focusing particularly on potential policy approaches to dealing with the various nationalist discourses that have gained in prominence in recent years.     

Fatal hemorrhage from a periumbilical wound: Stabbing or hemorrhage from a caput medusae?

Varices are the main clinical manifestation of portal hypertension, and their bleeding is the predominant cause of mortality from this condition. Periumbilical varices are known as “caput medusae.” Reports of their bleeding are rare, with only three fatal cases described in the literature. The antemortem diagnosis is relatively simple, while the postmortem diagnosis is more complex. This paper is the first report of fatal hemorrhage from a caput medusae for which the diagnosis was made postmortem, thanks to a complete diagnostic process including scene and circumstances, medical history, and autopsy with detailed histology. The circumstantial analysis showed the presence of a large amount of blood at the scene, blood which originated from a small abdominal wound; an analysis of the subject's clinical data reported that he was affected by portal hypertension. The autopsy revealed some dilated and convoluted veins in the subcutaneous tissue of the umbilical region; a fistula between these veins and the abdominal wound was detected. The histological study confirmed the presence of periumbilical varices, one of them ruptured and connected with the overlying skin. The cause of death was attributed to a massive hemorrhage generated by a periumbilical varix in a patient affected by portal hypertension.     

Application of forward‐looking infrared (FLIR) imaging from an unmanned aerial platform in the search for decomposing remains

Traditional methods of cadaver detection in outdoor environments include manual ground search, cadaver dogs, and manned aerial reconnaissance during daylight. These methods have limitations; however, a potential low‐cost alternative may be to employ thermal imaging equipment mounted on an unmanned aerial vehicle (UAV) to detect heat emitted by insect and bacterial activity on the decomposing remains. No studies have addressed the influence of wrappings on detection of maggot mass thermal signatures nor assessed thermal detection of smaller body fragments. We addressed these knowledge gaps by utilizing a two‐phase experimental approach to explore thermal detection of carcasses using UAV‐mounted infrared imaging. In Phase 1, pig body fragments were deposited on the surface or shallow buried. In Phase 2, whole pig carcasses were deposited in four conditions: on the surface uncovered, wrapped in plastic or carpet, or buried. Our results demonstrated that observable heat emissions from remains corresponded to peak insect activity during active decay and could be readily detected in uncovered whole carcasses and fragments. Although plastic and carpet wrappings partly impeded detection of insect heat signatures, these materials were clearly detectable themselves because of their contrast to the background ground surface. Thermal signatures of buried partial remains and disturbed gravesoil were also observed; however, the buried whole carcass transitioned to adipocere prior to the decay stage and without any insect colonization or heat signature. These data can inform operational implementation of this technique to complement existing search strategies to offer a robust, low‐cost alternative for use where scene characteristics allow.     

Distribution of the minutiae in palmprints: Topological and sexual variability

Palmprints have been systematically less studied than fingerprints, despite being of great use in the identification process. In Spain, they were not included in Automated Fingerprint Identification Systems (AFIS) until 2009. Very few investigations performed within the field of palmprints have assessed the sexual and population variability of the number and distribution of minutiae on its surface, despite the fact that these particularities are the basis for personal identification in forensic science. That is why a study was conducted to assess total, bimanual, and sexual density per morphological regions (superior or distal, thenar, and hypothenar) and per counting areas of 1 cm² on 120 palmprints obtained from 30 male and 30 female individuals of Spanish nationality. Also, the frequency in the location of each type of delta or triradius (a, b, c, d, and t) per count area was calculated. Results have shown a topological variability in the distribution of the density of minutiae, which is similar between sexes and a specular effect between both hands. The most frequent locations of the deltas coincide with areas of high minutiae density. It has also been shown that there are sexual differences in the total number of minutiae, which cannot be due to sexual dimorphism in adult hand size, since minutiae are established at an early stage of fetal development and their number will not change during later postnatal growth. These differences can only be attributed to genetic factors related to sexual determination.     

3D forensic facial approximation: Implementation protocol in a forensic activity

The primary objective of this paper is to report on the successful implementation of forensic facial approximation in a real case in the forensic context. A three‐dimensional (3D) facial approximation protocol of the skull was performed with free software, applying techniques in a virtual environment that have already been consolidated in the literature. The skull was scanned with the photogrammetry technique, the digital replica was imported in the Blender software (Blender Foundation, Amsterdam) and individualized model sketches of the face were traced with the MakeHuman software (MakeHuman Org) according to the anthropological profile of the victim. The face created was imported in Blender, where it was adapted, modeled, and sculpted on the 3D skull and its soft tissue markers, using an American open‐source application of the technique in the digital environment. The face created in a virtual environment was recognized and legal identification procedures were started, resulting in the more agile delivery of the disappeared body to its next of kin. It is therefore concluded that facial approximation may not be a primary method of human identification, but it can be satisfactorily applied in the forensic field as an individual recognition resource. It has great value in narrowing the search, reducing the number of alleged victims, and leading to identification tests, therefore significantly reducing the number of genetic DNA (deoxyribonucleic acid) tests—which are considered costly for the State or Federation—and consequently reducing the waiting time before delivery of the body to its family.     

Validity of the use of porcine bone in forensic cut mark studies

Porcine bone is often used as a substitute for human bone in forensic trauma studies, but little has been published on its comparative mechanical behavior. The factors affecting mechanical properties and therefore selection of bone models are complex and include the age of the animal at death, and physiological loading conditions, the latter being of particular relevance when using a quadrupedal animal as a human substitute. The regional variation in hardness of adult and infant porcine bones was investigated using Vickers’ indentation tests and compared to published data for human limb bones to relate differences to inherent genetic effects and loading influences, and to examine the validity of the porcine‐human model. Significant differences in hardness were observed both along and around the adult porcine humerus and femur, but no significant differences were found along the length of the infant bones. Significant differences were found between the forelimb and hindlimb, but only in the infant specimens. The hardness values for porcine adult cortical bone from the femur (52.23 ± 1.00 kg mm^?2) were comparable to those reported in the literature for adult human cortical bone from the fibula, ilium, and calcaneus. These data will help inform subject selection in terms of both species and bone type for use in future trauma studies.     

Language use in ancestry research and estimation

Recent discussions have revolved around the concept of ancestry and ancestry estimation; however, the associated terminology and its theoretical underpinnings have not been similarly examined. This research evaluates the concepts (e.g., race, ancestry, ethnicity) currently in use, examines if they are consistent with the groups employed to illustrate them (e.g., Black, European, Hispanic), and looks for patterns in language usage. Articles in the Anthropology, Odontology, and General sections of the Journal of Forensic Sciences between 2009 and 2019 were evaluated for ancestry‐related language use. For each article, the concepts, examples, and bibliographic information were recorded, and the relationship between concept and example was examined. These data were cross‐tabulated to evaluate relationships between the variables. Cramer's V was used to assess the strength of association of these relationships. In this sample, ancestry predominates, especially recently The concept used is significantly associated with all variables except publication date and authors’ institution(s). Despite the prevalence of the ancestry concept, racially based terms for individual groups were common. The use of ancestry, over race, in forensic contexts has been suggested to be a primarily linguistic change; these results may support that assertion. Inconsistent language usage leads to a lack of clarity in meaning among researchers and misinterpretation of the data. It is critical to recognize that inconsistencies exist, but also to understand why they exist. These results underscore the long overdue need for the inclusion of diverse perspectives in forensic anthropology, especially in the current conversations surrounding ancestry and ancestry estimation.