海运温室气体减排国际法律制度研究

介绍国际海事组织制定国际海运温室气体减排法律制度的背景,分析制定相关法律制度的可行性和形势,提出并探讨四个关键问题,即立法目的、共同但有区别责任原则的体现、法律文件的形式、是否构成海运服务贸易壁垒,揭示其背后深层次的政治、经济、技术和法律问题,指出国际海运温室气体减排法律制度将给船舶技术、国际海运贸易、航运经营与运营带来深远影响。     

加快农业机械化进程 加速贵州现代农业发展

加速发展农业机械化是推进贵州现代农业发展的重点任务,文章针对国际和国内农业机械化发展趋势、贵州省“十一五”农业机械发展现状,提出贵州省“十二五”期间农业机械化发展的目标与重点,供有关部门和领导决策参考。     

Comparing social,emotional, and behavioral health risks among youth attending public versus parochial schools

Parochial schools are assumed to provide better social and academic experiences; however, few studies account for selection bias when comparing with public schools. This study contrasted public versus parochial schools using propensity score matching across a range of outcomes (e.g., perceptions of school, emotional symptoms, substance use, bullying). Using a sample of 58 public and 5 parochial high schools, the nonmatched analyses suggested a significant advantage for parochial schools students (e.g., better on 23 of 32 indicators). However, the propensity score matched analyses revealed nine differences (e.g., weapon carrying, smoking), two of which (i.e., stress and cyberbullying) favored public schools. While at first glance parochial schools generally appear to be healthier and safer learning environments, accounting for selection bias, the gap was narrowed. Students in parochial schools may struggle with issues related to social, emotional, and behavioral health risk, and thus prevention programs should also be implemented in these settings.     

DATA REGULATION IN THE INTERNET OF THINGS

The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm (de lege lata) with the idea of a general erga omnes data property right (de lege ferenda) and describes the most common understanding of such a right, that is, a data producers’ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.     

Right place,right time: Increasing the effectiveness of agricultural development support in sub-Saharan Africa

This paper suggests that smallholder farmers in sub-Saharan Africa (SSA) are well placed to seize the opportunities from expanding global and regional demand for agricultural products but that this will require a shift from extensive to more intensive production systems. The ability of SSA's smallholder farmers to increase on-farm investments in productivity is, however, constrained by their capacity to manage the risk-return trade-offs in moving towards intensified agriculture. While stakeholders are increasing their investments to assist smallholders in SSA to participate in integrated supply chains, the returns in terms of technical and financial results from these investments are generally lower than in other developing regions. This paper suggests that this is, at least in part, a consequence of problems associated with the role of spatial and temporal coordination in program delivery. Hence, much more focus needs to be devoted to delivering goods and services for smallholders at the right place and the right time, and this should be better monitored and evaluated in the context of development programs.     

气候变化生态补偿的路径选择及制度构建

气候变化作为典型的全球环境问题,生态补偿能够而且应该在应对气候变化方面发挥重要作用。尽管气候变化生态补偿在理论基础和制度机理等方面与一般生态补偿都完全相同,但在目的、时空尺度以及主体范围等方面也存在特殊性,并丰富和发展了传统生态补偿的理论与实践。气候变化生态补偿是个复杂的系统工程,需要从补偿的范围、主体、内容、强制程度以及依据等多元路径构建全面的补偿体系并开展相关的制度建设。     

Funding Global Public Goods: The Dark Side of Multilateralism

The funding of global public goods, such as climate mitigation, presents a complex strategic problem. Potential recipients demand side payments for implementing projects that furnish global public goods, and donors can cooperate to provide the funding. We offer a game‐theoretic analysis of this problem. In our model, a recipient demands project funding. Donors can form a multilateral program to jointly fund the project. If no program is formed, bilateral funding remains a possibility. We find that donors rely on multilateralism if their preferences are relatively symmetric and domestic political constraints on funding are lax. In this case, the recipient secures large rents from project implementation. Thus, even donors with strong interests in global public good provision have incentives to oppose institutional arrangements that promote multilateral funding. These incentives have played an important role in multilateral negotiations on climate finance, especially in Cancun (2010) and Durban (2011).     

现代农业进程中农民专业合作社发展研究

自合作社法颁布实施以来,农民专业合作社逐步朝着规范化方向发展,在农业生产技术升级、新型农民培育等方面发挥了特殊功能,是实现农业现代化不可或缺的重要载体。在全面建成小康社会的发展新阶段,政府当从法律和政策层面加大合作社扶持力度,帮助合作组织拓展产业链条,在规范整合中提升市场主体地位。     

World Ministerial Conference on Organized Transnational Crime

As we head toward the end of the millennium we, as specialists and experts in the field of international criminal justice, must pause to reflect seriously on the issue of global organized crime. Study in this regard requires that more rigorous attention be focused on the future directions of research, the creation of a network of regional and worldwide scholars to perpetuate a collaborative agenda, and data collection for comparison of various activities associated with law enforcement and correctional operations. We must find a more unified systemic approach to crime control. Regardless of whether a nation is large or small, developed or underdeveloped, rich or poor, every society is confronted with the task of controlling organized crime.

Organized crime is indeed a universal phenomenon. It has long been predicted that international organized crime will become a major force in the commercial, financial and military sectors of every country, eventually affecting directly the destiny of all countries. We may soon be confronted with an economic and financial crisis, in that governments everywhere cannot afford to watch events unfold by saying “there is no solution to the problem because it is beyond our ability to control the problem.” We must find a solution.

On June 26, 1995, American President William Clinton, commemorating the 50th anniversary of the United Nations at the ceremony held in San Francisco called for, “Support through the UN of the fight against forces of disintegration from crime syndicates and drug cartels. They cross borders at will. Nations can and must oppose them alone, but we know, and the Cairo Conference reaffirmed, that the most effective opposition requires strong international cooperation and mutual support.”

The original idea for a global high‐level conference on organized crime came from a magistrate who devoted his life to fighting the Mafia, Judge Giovanni Falcone, who died in a bomb attack in May 1992, in Italy. Following Judge Falcon's death, the Minister for Justice in Italy took on the idea of holding this conference in his address to the General Assembly that year. The conference was held in Naples two years later, organized by the Crime Prevention and Criminal Justice Branch of the Secretariat of the U.N., under the guidance of the Commission on Crime Prevention and Criminal Justice and in accordance with the Economic and Social Council resolution 1993/29 of July 27, 1993, and the recommendation of the Commission was made at the second session. The 142 states represented at the Conference unanimously adopted the Naples Political Declaration and Global Action Plan Against Organized Transnational Crime, which was later approved by the General Assembly by resolution 49/159 on December 23, 1994.

For further information regarding the topic of international and transnational organized crime and associated issues, see World Ministerial Conference on Organized Transnational Crime, Naples, Italy, United Nations, Crime Prevention and Criminal Justice Newsletter, No.26/27, November 1995; speech by President William Clinton on the occasion of the 50th anniversary of the U.N., San Francisco, June 26, 1995; A Law Enforcement Source book of Asian Crime and Cultures: Tactic and Mindset, Douglas D. Daye, CRC Press, Boca Raton, 1997; Transnational Criminal Organizations, Cybercrime and Money Laundering: A Handbook for Law Enforcement Officers, Auditors, and Financial Investigators, James R. Richards, CRC Press, Boca Raton, 1999; and Global Report on Crime and Justice, by UN Office for Drug Control and Crime Prevention, Graeme Newman, ed., New York, Oxford University Press, 1999.