Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Nuclear diplomacy as niche diplomacy: South Africa's post-apartheid relations with the International Atomic Energy Agency

Since the termination of its nuclear weapons programme, commenced in 1989 and verified by the International Atomic Energy Agency's (IAEA) in 1993, successive South African governments have consistently advocated the country's commitment to nuclear non-proliferation. South Africa has secured a niche role through norm construction and state identity for itself through its nuclear diplomacy with the IAEA. The article explores aspects of South Africa's nuclear diplomacy with the IAEA as an example of niche diplomacy. Therefore, it traces South Africa's diplomatic relations with the IAEA, starting with the IAEA's verification process and the implementation of a Safeguards Agreement (1989–1994) through the conversion of South Africa's research nuclear reactor (1991–2005); South Africa's position on greater representation for developing countries on the IAEA's Board of Governors; its ambition to be elected to the position of IAEA Director General (2008–2009); and its refusal to support the establishment of a nuclear fuel bank in Russia under the IAEA's auspices (2009–2010).     

《塔林手册》对我国网络安全利益的影响

北约发布的《塔林手册》系统回答了国际法对网络战的适用性问题,体现了以美国为代表的西方军事理论界、国际法学界、网络技术专家对网络空间安全冲突的认识和理解。综合该手册为网络行为所界定的95条规则,一方面,对我有积极作用,例如有利于我维护网络主权、驳斥关于网络攻击行为的不实指责等;另一方面,也向我提出了严峻挑战,例如肯定了先发制人实施打击、大规模杀伤性网络攻击的合法性等。研究这部重要文献对我国网络安全利益的影响,对于我维护国家安全,有针对性地加强国际对话,建设中国特色的网络安全理论体系,以及加强国际协作,具有重要意义。     

国际政治视角下的中阿博览会

进入新世纪以来,我国在外交领域积极推行全方位外交,努力发展同阿拉伯国家的关系。中阿经贸论坛于2013年9月正式升格为中阿博览会,成为中阿关系史上又一具有里程碑意义的重大事件。中阿博览会在推动中阿经济发展的同时,也为稳定和发展中阿关系提供了更高层次的互动机制,具有重大的国际政治意义。     

中央苏区时期共产国际与毛泽东的关系

大革命失败后,共产国际指导中国革命的方针是以城市为中心。城市工人运动屡屡受挫,毛泽东等创建的赣南、闽西根据地及其他根据地蓬勃发展,促使共产国际改变指导中国革命的战略方针,开始以加强红军和根据地建设为中心。毛泽东在中央苏区第一至三次反“围剿”战争中表现的卓越才能得到了共产国际的肯定,被认为是“有声望的领袖”。在毛泽东坚持正确主张而被“左”倾教条主义者指责为“右倾机会主义”时,共产国际进行了干预,要他们以同志式的态度对待毛泽东,同他密切合作。因此,毛泽东在中共六届五中全会上由四中全会时的政治局候补委员当选为政治局委员,在中华苏维埃共和国第二次全国代表大会上继续当选为中央执行委员会主席。尽管这时毛泽东没有实际权力,但他在中央苏区的地位和威望仍然存在。     

Restorative Justice and Collective Responsibility: Lessons for and from the Rwandan Genocide

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis suggests that Rwanda is precisely a place where constructed notions of what "rule of law" ought to be are supplanting the need to implement reconstructive policies that may be best for Rwanda. In particular, the populist nature of the Rwandan genocide, coupled with the vast level of victimization, suggest that a shame-based restorative approach may be more successful in promoting reconciliation, deterrence, and peace than the guilt-based retributive approach currently in vogue. This article argues that, when the law blames occurrences of genocidal evil largely on the existence of some evil people, it obscures the fact that so many people, to varying degrees of complicity, are required for this evil to result in so many deaths.     

Fisheries management in Jamaica,international perspectives

Abstract

This paper examines Jamaica's efforts to implement of the conservation and management provisions of the United Nations Convention on the Law of the Sea (UNCLOS), bearing in mind that prior to 1982 there was an existing legal framework that sought to address issues relating to fisheries management. More specifically, the paper looks at the issues related to the conservation and management of straddling and highly migratory fish stocks under UNCLOS and subsequent agreements negotiated under the auspices of UNCLOS. It also addresses the problems Jamaica faces with the conservation and management of Queen Conch (Strombus Gigas), in particular, the UNCLOS provisions regarding access to such resource, taking into account the limitations to such access as regulated by the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).     

A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.