世界法的学说史研究

当前 ,对法律全球化的研究已成为当今学术领域的热点问题。而围绕此问题的种种争辩与分歧 ,皆有其历史根源和学说史背景。故此 ,对自古至今的自然法、国际法、比较法、全球法等理论与观念加以梳理、辨异 ,自可从中得出对正确理解法律与全球化理论具有启发性的结论。     

Reforming and Performing the Informal Economy: Constitutive Effects of the World Bank's Anti-informality Practices in Kosovo

The World Bank has for over a decade tried to formalize the informal economy in Kosovo. However, local journalists and businessmen among others provide an alternative understanding of informality that problematizes the World Bank’s view and actions. Against this backdrop, the article analyses the constitution and the constitutive effects of the World Bank’s anti-informality operations in Kosovo between 1999 and 2014. Drawing on Pierre Bourdieu’s power analytics, the article claims that the Bank’s agenda, and the economic ideas enacted through it, does structure and shape informal economic practices on the ground. Yet this structuring involves two forms of misrecognition. As a result, informality is paradoxically constituted (in novel ways) and reconstituted through the World Bank’s imposed anti-informality agenda. The article concludes with a discussion of how this underlines the need for policy solutions that depart from liberal peacebuilding’s subject–object distinction to form instead around an acknowledgement of informality as emergent and transforming throughout international interventions.     

The different types of reports produced in digital forensic investigations

The importance of ensuring the results of any digital forensic (DF) examination are effectively communicated cannot be understated. In most cases, this communication will be done via written report, yet despite this there is arguably limited best practice guidance available which is specific for this field in regards to report construction. Poor reporting practices in DF are likely to undermine the reliability of evidence provided across this field, where there is a need for formalised guidance regarding the requirements for effective DF report construction; this should not be a task left solely to each individual practitioner to determine without instruction. For this, the field of DF should look to the wider forensic community and the existing work in this area for support. In line with many other ‘traditional’ forensic science types, a DF practitioner can be commissioned to report in one of three ways - ‘technical’, ‘investigative’ or ‘evaluative’, where each reporting type maintains a specific purpose and interpretative-context, determined by the examination workflow undertaken by a practitioner following client instruction. This work draws upon guidance set out in fundamental forensic science reporting literature in order to describe each reporting type in turn, outlining their scope, content and construction requirements in an attempt to provide support for the DF field.     

Negotiating the caliphate: British responses to pan-Islamic appeals, 1914–1924

This paper considers two aspects of historiography about the 1967 Arab–Israeli War – American and Soviet foreign policy in the region – to better appreciate the Soviet role in the outbreak of hostilities, as well as how the war concretized the US–Israeli ‘special relationship’ and weakened American–Arab relations. Relying especially on research from the Lyndon Johnson Presidential Library and Foreign Relations of the United States, this paper argues that Soviet officials had little interest in pursuing measures to prevent war during the pre-war crisis because the situation promised to undermine American interests in the region.     

“I’m awfully fed up with being a prisoner”* Australian POWs of the Turks and the Strain of Surrender

Nearly 200 Australians were captured and held as prisoners of war (POWs) by Ottoman Turkish forces during the First World War. They have largely been overlooked in Australian history and memory of the conflict with the result that little is known of their time in captivity or of its wider ramifications. In examining the emotional impact of their capture and imprisonment, this article offers intimate insights into how these Australian POWs felt about their captivity, from the moment of surrender until long after the war had ended. The humiliation of capture and confinement at the hands of a culturally, religiously and linguistically different enemy and the restrictions imposed by wartime imprisonment exacerbated the prisoners’ private feelings of shame and failure, feelings that were publicly reinforced in the aftermath of the war as the two dominant narratives of the conflict—the heroic Anzac fighter and the Turks as the honourable enemy—excluded or, at best, marginalised their experiences. Such analysis tells us much about the psychological dimension of wartime captivity, and adds to our understanding of the legacy of this POW experience.     

四川藏区警务人才状况调查报告

四川藏区自然环境恶劣、警务社会资源稀缺、警务重心相对独特,警务人才建设面临着警力不足、个人能力与警务时空要求不匹配、警务人才队伍稳定性差、警务专才稀缺、警务人才待遇低等问题。应当在回应和吻合藏区警务时空背景前提下,改革藏区警务人才培养模式、调整藏区人民警察招录政策,提升警务人才的核心能力,建立拴心留人机制,以切实推进藏区警务人才建设。     

Could technology resurrect the dignity of the FIFA World Cup refereeing?

The 2014 FIFA World Cup is over and was in most senses a success. However, the reality is that from the perspective of fairness, the 2014 World Cup was off to a remarkably bad start. Like many major football events in the past, this World Cup was plagued by controversial refereeing.     

THE OPERATIONAL DIMENSIONS OF RESULTS‐BASED FINANCING

As part of a growing focus on the effectiveness of development assistance from the World Bank and other agencies, new efforts are being made to relate development finance more closely to outcomes achieved rather than to inputs used, through the results‐based financing approach. We provide a framework for analyzing the operational dimensions of results‐based financing, including the conditions that suit this approach, and how best to define, measure, and report results. We review some of the early World Bank experience with this approach. Noting that this approach is as yet not fully tested, we suggest evaluative issues for future research while highlighting strengths and challenges in the range of techniques adopted so far. Copyright © 2014 John Wiley & Sons, Ltd.     

论对有前科者就业的限制与保护简

对有前科者就业的限制是指对其就业范围的限制,包括实体规定和实现限制的程序规定。实体规定应以工作的性质与有前科者被执行刑罚的性质为标准。程序规定则以颁发行为证明书或犯罪记录证明书的做法较为可取。我国刑法规定的前科报告制度难以体现程序的外在价值和内在价值,并不能实现对有前科者就业的有效限制。对有前科者就业的保护需以前科消灭制度的建立为前提,并辅之以具体的规定与政策。     

Is Unilateralism Always Bad? Negotiation Lessons from Israel's “Unilateral” Gaza Withdrawal

Using the 2005 unilateral Israeli withdrawal from Gaza as a case study, this article exposes an apparent paradox: circumstances may exist in which an outcome that serves the interests of parties to a conflict cannot be achieved through bilateral negotiation but can be achieved by unilateral action. Although the withdrawal was seen at the time as serving the interests of both the Israeli government and the Palestinians, we argue that the same result could not have been achieved through bilateral negotiations. “Behind‐the‐table” internal conflicts on each side would have made it impossible for the leaders to agree on the scope of these negotiations. Prime Minister Ariel Sharon's success in implementing his Gaza withdrawal was attributable in significant measure to his ability to maintain ambiguity about his long‐run plans for the West Bank. Only by focusing attention on Gaza was he able to build the necessary coalition to implement the controversial move. The Palestinian leaders, on the other hand, could never have agreed to come to the table to negotiate about Gaza alone — they would have insisted that the scope of any negotiations address a broad range of final status issues. In this article, we identify some of the lessons that the Gaza example teaches regarding the utility and limits of unilateralism as well as the benefits and potential costs of employing ambiguity as a strategy to help accomplish a controversial move. Finally, we also explore the aftermath of the withdrawal and its many missed opportunities for improving the outcome. We suggest that, even when acting unilaterally, leaders should carefully consider the probable impact of their actions on the internal conflicts of their adversaries.