论海上火灾免责

海上火灾免责 ,从其定义、起因 ,到举证顺序 ,举证对象 ,也即火灾起因的举证责任和承运人过失的举证责任等至关重要的问题 ,我国立法上存在较明显的缺陷 ,一是未分清火灾举证责任的举证顺序。二是未区分火灾起因的举证责任与承运人过失的举证责任。三则有关举证责任的规定 ,含义模糊易引起歧义 ,实际上已经造成某些权威人士的错误解释。四则在保留“承运人本人”狭窄的范围的同时 ,却引进《汉堡规则》中的明示举证责任 ,而且有过之无不及。     

Explaining Responsiveness in Collaboration: Administrator and Citizen Role Perceptions

Between 2003 and 2006, researchers facilitated a collaborative learning process with representatives of Los Angeles neighborhood councils and officials from city agencies. In two cases, each involving a large city agency, the quality of responsiveness on the part of agency officials to participating citizens was substantially different. This study considers the reasons why agency officials differed in their responsiveness. Using an inductive qualitative and quantitative content analysis across three sources of data, the study develops theory pertaining to bureaucratic responsiveness to citizens in collaborative processes. Specifically, the case findings are generalized to theory through seven propositions for future study. The study's key finding is that administrator and citizen perceptions of their own and the other party's roles may influence the quality of responsive behavior in collaborative activity. The propositions identify subfactors or contingencies that may allow administrators to be more responsive to citizens in collaborative processes.     

Catching the ‘Shanghai Spirit’: How the Shanghai Cooperation Organization Promotes Authoritarian Norms in Central Asia

This article examines how the Shanghai Cooperation Organization (SCO) seeks to undermine democratisation in Central Asia. Prior studies of the interplay between international organisations and democracy have tended to examine only one half of this relationship: whether, how, and under what circumstances do international organisations promote democracy? However, the opposite has been largely ignored: how do international organisations sustain autocracy? Authoritarian governments are increasingly adopting policies aimed at preserving their political power and the SCO represents an additional strategy in this regard: utilising multilateral cooperation to defend themselves against regional or global democratic trends. As such, the ‘Shanghai Spirit’ may be a sign of things to come as autocratic leaders become more bold in their rejection of democratic norms.