《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.     

Crime and Reactions to Crime in Scandinavia

This short overview of available statistical data on crime and penal systems in Scandinavia indicates that the level of traditional forms of crime in Scandinavia is on a par with or lower than that found in many other European countries. As elsewhere in western Europe, Scandinavia experienced a substantial increase in crime rates during the post‐war period—indicating that these recorded increases may have common structural roots. The 1990s witnessed a stabilization of theft rates, albeit at a high level. Increasing equality between women and men may have contributed to an increase in the reporting of violent and sexual offences against women (and children), making these offences more visible. The system of formal control in the Scandinavian countries is characterized by relatively low police density; a clear‐up rate that has declined; above‐average conviction rates; the imposition of fines in a high proportion of criminal cases; and relatively low prison populations. The implications for crime policies are discussed.     

Local actors and international regionalism: The case of the Sea of Japan zone

The Sea of Japan Zone (SJZ) is an area that has been shaped essentially by transnational relations between the localities of western Japan, northeastern China and the Russian Far East. The emergence of this new type of space, based on interlocal cooperation, is a significant aspect of what could be called the ‘new’ regionalism, i.e. the polymorphous and multicen‐tred movement that is affecting international relations today as opposed to its more rigid version of the late 1950s. The shape of the new regionalism reflects the transformation of international relations in general: this particular regionalization process, that gave shape to the SJZ, is linked to the transnationalization of local actors. The idea of creating the SJZ, in the late 1960s, was first an external answer (interlocal cooperation) to an internal problem (uneven development in Japan). It became a reality some twenty years later as Russian and Chinese localism eventually converged with Japanese localism. Despite important domestic differences the need for local actors around the Sea of Japan to look outside for better development conditions made the synergy possible. It produced a new regional entity that needs to be defined and, for that purpose, that could be compared to other transnational zones in East Asia or even in Europe. Their common characteristic appears to be a functional approach to regional cooperation.     

国际法律援助组织第十届会议综述

本文主要分三个部分,简要概述了国际法律援助组织第十届会议的主要内容。第一部分为法律援助面临的全球性问题,主要表现为法律援助经费缩减及带来的一系列问题,并介绍了有关各国和地区法律援助工作现状的比较分析成果;第二部分强调了网络、电话等现代化技术对法律援助工作的影响。即一些国家是如何利用网络等技术,以积极应对法律援助经费紧张的局面的;第三部分介绍了澳大利、南非采取的有关保障法律援助质量的措施。     

多层面国际警务合作方式的框架构筑

在非传统安全问题El益凸显的今天,加强国际警务合作已成为各国警方的共识。然而,各国间国家制度和警务理念等方面的差异在一定程度上阻滞了国际警务合作的有效展开．传统的国际警务合作方式难以全面适应新时期国际警务合作的现实需要．必须从多层面、多途径创设更为有效的国际警务合作方式,以此推动国际警务合作的深入。