Reconciliation: I Know It When I see It 1

States emerging from conflict increasingly seek ways in which to address the violence and human rights abuses of the past in order to move forward into a more peaceful future. The initial responses to mass atrocities were based in legal processes focused on the punishment of the person responsible for the harm. The inadequacy of such an approach resulted in the introduction of a variety of new goals in the transitional period, including the abstract notion of reconciliation which is increasingly advanced as the central goal in dealing with the legacy of the past. This article argues that the failure to examine the relationship between a discourse originally based on human rights and legal approaches and the introduction of reconciliation has only added new challenges rather than resolved existing ones and therefore must be re‐examined. The article also argues that no single approach should take prominence in addressing mass atrocities. Rather a range of options should be available to victims, in particular given the relative youth and inexperience of approaches to violent conflict.     

Application of direct PCR in forensic casework

Direct PCR is fast becoming a popular method in forensic science due to the advantages of saving time and money in the lab while increasing the probability of obtaining substantial results has a positive rippling effect. A laboratory is able to reduce the time spent on processing trace DNA samples, which can lead to investigators receiving important information in a timely manner that may not have been possible using standard methods. This study highlights the benefits of direct PCR in forensic casework by analysing trace and touch DNA on a range of substrates and exploring the loss of initial DNA due to extraction.     

Book Reviews

Abstract

Stretching a third of the way around the globe, the Asia Pacific is the world's most populous region. Yet, it remains the sole region without a human rights court or commission, and without a human rights treaty. The notable absence there of a human rights mechanism based on such institutions is often explained away by reference to the region's size and heterogeneity, the constituent states’ reluctance to interfere in the affairs of others, and the existence of rivalries. Whilst agreeing that there is no inter-governmental initiative that looks set to change the present state of affairs in the Asia Pacific, this article places the spotlight on another model of creating a regional human rights mechanism, that is, the unique and burgeoning Asia Pacific Forum of National Human Rights Institutions. Specifically, it assesses the prospects for Japan, Taiwan and China – three key regional players whose membership of the Forum is still outstanding – to create domestic human rights bodies that eventually join.     

EU Democracy Assistance in the Mediterranean: What Relationship with the Arab Uprisings?

This article analyzes the European Union (EU) policy for democracy assistance toward the Southern Mediterranean countries and tracks changes in the last decade, with a special emphasis on the most recent period. It shows that the EU policy, which goes under the acronym of EIDHR, has evolved, but predominantly in response to internal dynamics rather than to developments in Arab countries. The EU has increasingly provided assistance to local actors on the ground in non-member countries and has differentiated its action in authoritarian countries from countries in transition. When it comes to implementing its own policy, however, the EU is less able to promote democracy than human rights, and most of the funds go to support projects centered on relatively uncontroversial rights such as women's and children's.     

人民检察院适用非法证据排除规则的程序化构建

2012《刑事诉讼法》及《人民检察院刑事诉讼规则（试行）》继《关于办理刑事案件排除非法证据若干问题的规定》之后对人民检察院在审前程序中适用非法证据排除规则作了相关的规定,这对于强化对侦查行为合法性的监督、保障犯罪嫌疑人的人权具有重要作用,但是当前的规定还是存在一些不足之处,这将制约其作用的发挥。因此,有必要对其进行“程序化”,构建专门的听证程序,明确相关的程序性规定,增强其可操作性。     

对尸骸犯罪问题研究——从全国首例“非法经营人类头骨案”说起

公共秩序与善良风俗是刑法所保护的社会法益的重要内容。2009年发生的"美籍华裔博士在中国收购人头骨倒卖"一案引发了众多争议,以何罪名定罪成为争议的焦点。法院判决确定的罪名为非法经营罪,属于破坏社会主义市场经济秩序罪大类中,该罪名强调违反行政手续或经营方式非法,而人类头骨本身属于禁止性的交易内容,因此以刑法分则第六章妨害社会管理秩序罪中的罪名来认定本案更为适当。人类骨骸是尸体蜕化后的另一种存在形式,保护骨骸的尊严在维护社会公序良俗的意义上与尸体有着同等的价值,因此应将倒卖人类头骨的行为认定为盗窃、侮辱尸体行为。     

山东省会城市群经济圈产业结构优化研究

山东省会城市群经济圈的发展离不开区域内产业结构的协调优化。本文在对山东省会城市群经济圈的产业发展状况进行简要分析的基础上,提出了山东省会城市群经济圈产业结构存在的问题,主要包括产业结构趋同、产业集群竞争力不强、济南市产业集聚和辐射能力不够强以及经济圈内各市产业有效整合难度比较大四个方面。针对这些问题,本文还给出了优化省会城市群经济圈产业结构的对策建议。     

Steven Chaffee and the Future of Political Communication Research

This article discusses four basic characteristics of Steven Chaffee's research: going beyond the "common research wisdom," careful explication of concepts, avoiding unsubstantiated charges against the media, and investigation of the social aspects of communication. The evolution of political socialization research is used as an example of how these characteristics have strengthened Chaffee's contribution to that area and to the larger field of political communication. It is argued that the future of this field would benefit from emulation of these characteristics. Continuing problems of political communication research are noted, and various emerging problems are discussed.     

El Control De Convencionalidad Y Su Relación Con El Sistema Constitucional Mexicano. Hacia Una Simple Actividad Protectora De Los Derechos Humanos

This article deals with subjects referent to constitutional control and conventionality control in Mexico and its respective aspects. Our study proposes an interpretative mechanic that touches the idea of monopoly in behalf of the state in the subject of recognizing and protecting human rights, to allow a wide vision where any authority or citizen are able to exercise a protective human rights activity. We also pretend to show the inadequacy, at the moment, of moving into a conventional supremacy, without leaving out the analysis of subjects relative to sovereignty and constitutional supremacy.     

Hacia un modelo de atención a la discapacidad basado en los derechos humanos

The social model of disability is presented as a new paradigm of the recent disability treatment, that has had theoretical and legal current development. It is a model that considers that the origins of disability are not either religious or scientific, but social in a great measure. From this new perspective, it is emphasized that the population with disability can contribute to the society in the same circumstances that the rest of the population, which integrates the society, all this from a valorization of the inclusion perspective and respect of diversity. This model is closely related with certain essential values which underline the human rights, such as human dignity, individual freedom and equality; all these conduce to a decrease of barriers and lead to a social inclusion that sets basis to principles as: personal autonomy, nondiscrimination, universal accessibility, environmental normalization, civil dialogue, inter alia. The premise is that disability is part of a social construction, and it is not the deficiency created by the society itself what limits and prevents people with disability to be included, to decide or to design autonomously their own life plan with opportunity equality.