The United States' approach to Algeria's civil conflict: Implications for democratization,internal peace and anti-American violence

The United States' approach to Algeria's civil conflict has been based on the stringent assumption that a choice must be made between a secular government that is prowestern (although corrupt and repressive) and an Islamist regime that is anti-western (although equally repressive if allowed to govern). The article shows that this approach not only works to sustain authoritarianism in Algeria and reinforce a vicious cycle of poverry and civil violence, but also ignores the causal links between the practice of dictatorship in the country and the rise of anti-American violence. In this sense, America's foreign policy towards Algeria is a contributory factor to transnational terrorism. An alternative approach that is based on economic development and democracy promotion is proposed here to achieve sustainable democracy and internal peace in Algeria and weaken the forces that give rise to antiAmerican violence.     

Public support for democracy in hong kong

Hong Kong witnessed a large-scale public rally and extensive support for democracy in mid-2003. This article explains the support by means of variables extracted from cultural, instrumental and sociological approaches. Drawn from the cultural approach, ‘post-materialistic activism’ and low levels of ‘respect for authority’ are found to be most powerful in explaining mass support, among all explanatory variables. Since culture seldom changes overnight, popular support for democracy may be sustained in the short and medium term. The calculation of the economic consequences for democracy, a variable drawn from the instrumental approach, has no effect on mass support. Thus, any attempt to suppress popular demand for democracy by offering economic sweeteners alone may prove futile. The most important instrumental factor among the public is ‘their confidence in political parties’. Whether pan-democratic parties can elevate such confidence becomes pivotal to boosting and sustaining this support. The lack of relatively stronger support among the younger and more educated stratum of people in Hong Kong does not bode well for prospects of increased mass support in the future. Finally, the article offers a small footnote on the implications for the ‘Asian values’ debate.     

Evaluating Spain's Reparation Law

The Reparation Law1 This article follows Aguilar, Balcells, and Cebolla in referring to the Law of Historical Memory as the Reparation Law. Although Aguilar et al. do not specify why they choose this terminology, the term is used here as it better denotes the law's content. Aguilar, Balcells, and Cebolla, ‘Determinants of Attitudes Towards Transitional Justice’, 3. View all notes approved on 26 December 2007 is the latest link in a chain of reparatory measures from the earliest days of Spain's transition to democracy to deal with the legacy of the Civil War and the Francoist dictatorship. Numerous articles have analysed the historical memory movement2 See Encarnación, ‘Reconciliation After Democratization’; and Gálvez Biesca, ‘El proceso’. View all notes and the reasons behind the timing and scope of Spain's reckoning with the past.3 See Encarnación, ‘Reconciliation After Democratization’; Aguilar, ‘Justice, Politics and Memory’, Barahona de Brito, Gonzaléz-Enríquez, and Aguilar, The Politics of Memory; and Blakeley, ‘Digging Up Spain's Past’. View all notes This literature presents the case of Spain as a counterpoint to the received wisdom of the transitional justice literature that successful democratization requires reconciliation. This article contributes to the specific literature on Spain, and the wider transitional justice literature, by focusing on an area which has not yet been analysed: the ‘co-construction’ and content of the Law. Through a comparison of the draft bill and the final Law, this article fills this gap.     

孙子军事思想与监管安全控制(上)

监狱要提高监管安全控制效能,可借鉴孙子兵法"利与害、阳与阴、正与奇、虚与实"对立统一的军事哲学思想,努力谋求与践行"安全控制与风险控制、公开控制与隐蔽控制、正道控制与诡道控制、管理控制与技术控制"相统一的监管安全策略。     

Protecting personal data in wartime: The destruction of the alphabetic tabulators in Oslo

As a contribution to this special issue of CLSR, Jon Bing offers a unique wartime account of one of the earliest attempts to prevent ‘online processing’ of personal data by the occupying authorities for oppressive purposes.     

马克思的社会形态演进理论与全球化解析

全球化热潮在当今世界发展进程币日趋明显,一系列伴随的问题和困惑正迎面而来,在以马克思主义为主流意识形态的中国,必须用马克思主义的理论和观点来指导和认识社会历史的发展状况,对于全球化,深入理解而不是简单认识马克思的社会形态演进理论十分关键。全球化和马克思的社会形态演进理论之间的关系将迎刃而解,社会历史发展的规律和中国在全球化之下的发展路径和疑惑将得到解决。     

Identification and analyses of female civilian victims of the 1991 war in Croatia from the Glina and Petrinja areas

Introduction

The process of recovering and identifying human remains from individual and mass graves has proven to be the most effective method of resolving the fate of missing individuals in the former Yugoslavia. These efforts have two primary objectives: medicolegal—to identify the cause of death, and humanitarian—to bring closure to living family members, thus supporting the human rights of both the living and the deceased. From 1996 to the present, the remains of 388 individuals killed during the 1991 War in Croatia were recovered from the Glina and Petrinja areas (Sisa?ko–Moslova?ka County). The purpose of this paper is to report on the demographic and taphonomic characteristics of the recovered remains, and identify factors responsible for the discrepancy in the identification ratios.

Methods

To identify factors potentially responsible for the noted discrepancy, data were collected on the taphonomic characteristics of the recovered remains, the types of burials, as well as the factors responsible for positive identification. These factors included: forensic DNA testing, dental criteria, special signs (healed fractures, etc.), clothing and personal artifacts.

Results

The age distributions between males and females in the sample are significantly different. The mean age-at-death for males is 51.6 years, for females 67.0 years. In both sexes the majority of identifications (62.9% in females and 45.9% in males) were established through a combination of biological and non-biological features. In terms of the types of graves from which the bodies were recovered, positive identification in both sexes was lowest in mass graves (61.2% for males, and 84.2% for females). Females from mass graves were, however, better preserved than males—36.6% of males recovered from mass graves were completely skeletonized, while the same was true for only 19.3% of females (χ² = 7.06, P < 0.029). Completely skeletonized remains were identified in only 65.1% of cases, while partially skeletonized and saponified bodies were identified in 80.1% of cases.

Conclusion

Since positive identification in both sexes is strongly correlated with preservation of the bodies, the reason why female identification frequencies in the Glina and Petrinja regions are higher than male frequencies lies in the fact that females recovered from mass graves were better preserved than males recovered from mass graves. Identification of the factors responsible for this is a challenge that needs to be resolved in future studies.     

美国涉外证券民事诉讼管辖权制度研究

文章以美国联邦证券法律体系中的涉外证券民事诉讼管辖权制度为对象,从管辖权的“法律基础”与“合理依据”两方面着手,重点论述了联邦证券法下的级别管辖、一般管辖问题。同时,对美国1971年《第二次冲突法重述》的相关规定及其在实践中遇到的问题进行了一定探讨。文章认为,对涉外证券立法严重滞后于相关实践的我国而言,美国在涉外证券管辖权方面的立法与实践,对我国相关制度的构建具有一定的借鉴意义。     

从思想世界的重演到法律历史整体性的终极指向

思想世界的通达应当是我们研究法律历史整体性的一个基本前提。但是,如何进入古人的思想世界,依据何种标准进行评价及其在价值论基础上重新进行认同,进而演绎活着的法律文化传统,是一个相当重要的核心问题。正是在此意义上,在这个没有封闭的框架中,我们需要找出一种适应时代阐释的活着的东西——历史中从来无法断绝的更为本原的思想。它不仅仅需要历史的传统来界定和彰显它的存在,而且需要一种出自日常生活的观念来支持和认同此种活着的思想。人类社会变迁的历史就是从虚无性之中开出的历史,所有的历史都是被人类的思想观念赋予了相对意义的历史,全部人类行为所到之处都被异化为一个意义世界。职事之故,传统中国的法律道路也只能在这个前置性的框架中才能得到建构和确切的理解,也只有在逐层剥离思想精义的外壳之后,方有可能看清楚法律道路的走向。     

社区禁毒工作思路探析

毒品问题是我国乃至世界所面临的一个重大的社会问题。禁毒冶理是一项规模宏大的社会性综合治理工程,关系到国家的长治久安,而社区禁毒是其中的一个重要组成部分。在科学发展观的指导下,充分利用社区的组织、人力、文化、教育等资源,全方位、多角度地开展禁毒斗争,是禁毒的有效途径。