《国际商事仲裁示范法》对临时性保全措施条款的修订

临时性保全措施是国际商事仲裁程序中的措施,旨在使仲裁程序顺利进行,保障裁决作出后得以执行。在阐述联合国贸法会2006年对其1985年《国际商事仲裁示范法》关于临时性保全措施规定修改要点基础上,结合我国现行法律对有关临时性保全措施的规定进行比较研究,进而对我国现行立法的修订提出自己的看法。     

Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.     

Narcotics and Drug Abuse

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice saw drugs as a modest but growing problem for the criminal justice system. The reemergence of heroin occupied the Commission's attention. Many recommendations are admirable, such as a focus on public health interventions and a concern about the appropriateness of criminal prohibitions on marijuana use. Throughout the past 50 years, the problem has both massively expanded and changed in many ways; the principal drug of abuse has shifted multiple times, as has the populations most affected by them. Policy, largely stuck on tough enforcement for 30 years, is now moving in a direction more consistent with the Commission's views. Researchers have made only modest advances in understanding what enforcement can do to reduce drug use and related problems, but society has made some progress in developing interventions that have both a sound theoretical base and the promise of avoiding the unintended negative consequences of the highly punitive system of the 1980s and 1990s. A Commission in 2018 would face a much different and larger problem that has transformed many aspects of criminal justice. Investing in more data collection and evaluation research would be among its major recommendations, as would an admission of considerable uncertainty about what to do with the latest twist in the U.S. drug problem, the addition of the much more dangerous fentanyls.     

The logic of regulatory impact assessment: From evidence to evidential reasoning

Agencies involved in generating regulatory policies promote evidence-based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence-based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature.     

从委托-代理理论看国有银行的金融风险

我国国民经济的金融依存度越来越高。国有银行是国民经济发展中最重要的力量之一。在市场经济条件下,国有银行应本着追求利润最大化原则进行市场交易,而不是一种国家权力保护下的信用工具。可是,我国金融业由于体制改革滞后以致国有银行成了经济生活中主要的风险承担者,金融风险的过度集中和扩大已对金融业和国民经济整体构成威胁。应用委托—代理理论,通过分析金融风险形成机理,探讨新形势下的我国银行金融风险的特殊原因,并尝试提出一些解决之道。     

The European Union in international environmental negotiations: a legal perspective on the internal decision-making process

From an EU point of view, most international environmental agreements are mixed. This means that both the European Community (EC) and its member states are party to the agreement. As the participation of the EC in international negotiations and agreements is properly arranged by the Treaty establishing the European Community, but the EU member states’ participation is not legally organized on the EU level, the internal decision-making process regarding mixed agreements is rather complicated. Insights into this process are needed to understand the representation and the role of the European Union in international environmental negotiations. This article clarifies the legal framework of the EU decision-making process regarding such negotiations.

ECOWAS protagonists for peace: An internal perspective on policy and community actors in peacemaking interventions

ABSTRACT

Despite an increasing academic interest, ECOWAS peacemaking interventions have largely been approached from a top-down perspective. This tends to highlight the roles played by high-level mediators who use ECOWAS and its instruments as the basis for their interventions. Deeper analyses of the undercurrent intra-ECOWAS processes and the role played by community actors, in particular the ECOWAS Commission and its cooperation with civil society organisations, are rare. Yet it is both the high-level policy and the community actors that constitute the protagonists of ECOWAS peacemaking. This article examines the roles of both protagonists in the planning and conduct of ECOWAS peacemaking. Based on secondary sources and insider accounts, it argues that, although policy actors have so far been dominant, community actors play a complementary role, which often goes unnoticed. This is illustrated with empirical examples of ECOWAS peacemaking interventions from the Liberian war in 1990 to the recent case of the Gambia.     

Speaking the Unspeakable,Naming the Unnameable: The Royal Commission into Institutional Responses to Child Sexual Abuse

ABSTRACT

The establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse followed years of lobbying by survivor groups, damning findings from previous inquiries, and increasing societal recognition of the often lifelong and intergenerational damage caused by child sexual abuse. Through extensive media coverage, the Royal Commission brought into public view the reality that the sexual abuse of children was widespread, and its recommendations are prompting organisational, policy, and legislative reform. This article explores the background to the Royal Commission, situating it within the history of previous inquiries and growing community outrage at the failure of institutions to adequately protect children and respond appropriately when abuse occurs. The article explores the ways in which the Royal Commission, more so than previous inquiries, brought child sexual abuse into public discourse. It also serves as an introduction to this special issue of the Journal of Australian Studies, which illustrates how the Royal Commission has fostered new scholarship across a range of disciplines as researchers engage with complex issues related to institutional child sexual abuse, its history, causes, impacts, and the important role of inquiries in confronting it.     

“Like photographs of ghosts”: representing post-apartheid South Africa in Ivan Vladislavić’s Double Negative

The South African Truth and Reconciliation Commission (TRC) heard its first testimony in April of 1996. Two years later, in 1998, the first volume of the report of the commission was published. While it aims to be a document representing closure in terms of the history of apartheid, the TRC report is rife with gaps and omissions across the long history of apartheid. Approaching this history and its legacy in literary prose, Ivan Vladislavi?’s Double Negative (2010) serves as a counter-history to the TRC’s narrative of closure. Extending formal strategies from his earlier works, including composite literary form and performative modes of writing, Vladislavi? employs photography and ghosts within his text to unsettle official history and to offer a melancholic approach to the past of apartheid and its ongoing effects in post-apartheid South Africa.     

论澳门反贪倡廉的组织机构及其借鉴意义

作为澳门反贪倡廉的组织机构，澳门廉政公署在机构、人员以及经费上均有独立性，使其可以有效地打击贪污贿赂行为、预防贪污腐败以及树立社会反贪防贪意识。内地的反贪倡廉机构由于缺乏独立性．难以有效开展反贪倡廉工作。借鉴澳门廉政公署的成功经验，对内地有效开展反贪倡廉工作十分有益。