A multifaceted,multijurisdictional, multiagency,and multidisciplinary approach to investigating unidentified and missing persons cases in Australia

Currently, there are approximately 750 unidentified human remains and 2500 long-term missing persons in Australia. The Australian Federal Police National DNA Program for Unidentified and Missing Persons (Program) is using a multifaceted, multijurisdictional, multiagency, and multidisciplinary approach in a dedicated effort to identify these unknown deceased persons, scientifically link them to known missing persons, and provide answers to their families. The nationally coordinated Program provides its police, forensic, and coronial stakeholders with a suite of contemporary forensic technologies, databases, and experts to forensically examine the skeletonised remains and recover post-mortem data for comparison to the available ante-mortem data for each missing person. Through a number of physical and virtual public outreach activities, families with missing relatives have been encouraged to provide vital ante-mortem forensic information, records, and samples to aid the identification process. To date, this unique Program has assisted to resolve a number of unidentified and missing persons cases from both historical and contemporary contexts, using a combination of genetic and non-genetic techniques, and local and national databases. The centralisation of Program capabilities, expertise, and resources to conduct this type of unique and challenging casework is proving to be the most effective and efficient way to generate investigative leads, identify human remains, and resolve long-term missing persons cases in Australia.     

Sample collection strategies when building mitochondrial DNA forensic databases

For establishing databases that capture the existing diversity in populations, the sample collection strategy is a determining factor and caution must be taken when choosing the suitable approach. Many researchers choose to restrict the sampling to individuals with inheritance for three generations in a specific geographic location. However, the appropriate database in a forensic context is the one representing the current population. We analyzed mtDNA composition across generations in populations from Colombia, Ecuador, and Paraguay. An overall genetic homogeneity was detected, with statistically significant differences on macrohaplogroup frequencies for few department/regions.     

The Council of Europe Data Protection Convention reform: Analysis of the new text and critical comment on its global ambition

The year 2010 set an important milestone in the development of data protection law in Europe: both Europe's basic regulatory texts, the EU Data Protection Directive and the Council's Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108), were placed at an amendment process, having served individual data protection for many years and witnessed in the meantime technological developments that threatened to make their provisions obsolete. After briefly presenting Convention 108, the analysis that follows will highlight the Council's data protection system currently in effect as well as developments relating to the Convention's amendment so far with the aim of identifying improvements and shortcomings. While doing this two separate points of view shall be adopted: at first a micro point of view will attempt to identify improvements and shortcomings through an ‘insider’ perspective, that is, judging only the merits and difficulties of the draft text at hand. Afterwards a macroscopic view will be adopted, whereby strategic issues will be discussed pertaining to the important issue of the relationship of the suggested draft with the EU data protection system, as well as, the same draft's potential to constitute the next global information privacy standard.     

Seas,Oceans and Fisheries: A Challenge for Good Governance

Abstract

Seas, oceans and fisheries are probably among the most challenging natural resource systems to govern. This contribution discusses why this is so by analysing the key issues and presenting a selection of approaches to tackle them. The main recommendations are for control of illegal and open access fisheries, reduction of perverse subsidies, establishment of more marine protected areas, and proper evaluation of the importance of fisheries to future generations. Only then can fisheries be managed sustainably. The paper uses fish and fisheries in the Commonwealth of Nations to illustrate the points being made.     

Attitudes towards police use of consumer/private DNA databases in investigations

Consumer DNA products, such as databases that allow the public to explore familial relationships, have recently been used by police to assist in investigations. This has moved the collection of DNA used in criminal investigations away from the limitations of criminal databases and has opened up ethical concerns regarding privacy and consent. This study explored public attitudes and support towards police use of consumer DNA databases in investigations to assess whether different crime types or moral and attitude alignments influenced the level of public support of police using these consumer products. An international survey of 438 adults, using theory and scales pertaining specifically to retributive punishment and attitudes towards law, courts and police, found that moral alignment and attitudes did influence the level of public acceptability towards police usage of these techniques and that support did vary based on crime type. This research found that higher levels of public support was given for the most serious case types explored (sexual assault and homicide). Participant support for police access to private DNA databases by case type was as follows; 83.5% for sexual assault, 83.2% for homicide, 85.2% for identifying unidentified human remains, 62.8% for robbery and 58.9% for illicit drug related cases. Small to medium effects sizes were observed for these results. Although these findings provided context towards public attitudes, further research specific to international attitude differences and variance between serious crime types and public acceptability could further develop these findings.     

中国“社会反腐”的现状与瞭望--以《联合国反腐败公约》为视角

社会反腐是国家机关以外的社会主体对反腐败工作的参与,能够弥补国家反腐自身的局限与不足。《联合国反腐败公约》非常重视社会力量对反腐败的参与,要求缔约国采取具体措施保障反腐败的社会参与。尽管中国已经建立起较为完善的社会反腐制度,但仍有改进之处。网络时代的到来促使中国社会反腐进入新的阶段,中国应当采取措施保障、引导社会力量参与反腐败工作。     

承运人责任限额之货币计算单位研究

国际货物运输公约一般都规定承运人享有责任限制,但在国际统一立法水平较高的海运和空运领域,承运人责任限额及其货币计算单位并不统一.就责任限额水平问题,不仅《鹿特丹规则》制定时存在争议,中国也有观点认为《维斯比规则》提高了《海牙规则》的责任限额水平.通过对英镑、法郎和特别提款权在空运和海运国际立法中的梳理、比较和实证分析,得出三种货币计算单位各有特点,具有一定历史合理性,不同货币计算单位下的责任限额在不同法律语境下不能简单直接比较,确定适当的责任限额水平要考虑诸多其他因素.     

船员外派机构法律性质及其在自贸区背景下的新变化

中国对船员外派机构实行海事行政许可制度,现行制度存在许多不必要、不可操作、相互矛盾的苛刻规定,不仅与《2006年海事劳工公约》所代表的国际立法发展趋势不符,同时也与上海自贸区实施的负面清单管理制度格格不入.在全面分析中国现行法律法规对参与船员外派服务的各类机构资质要求和监管规定的基础上,结合自贸区监管体制改革的新举措,对现行船员外派机构行政许可制进行了反思,并对船员外派机构在今后一段时间的发展进行了展望.     

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS

In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights.     

信托制度的国际协调——介绍《关于信托的法律适用及其承认的公约》

本文从普通法系和大陆法系对信托的不同理解入手，介绍了《关于信托的法律适用及其承认的公约》的立法背景和立法原则，评析公约在信托的法律管辖、信托的法律适用和信托的承认等方面所发挥的国际协调作用。