从使用武力法看保护的责任理论

保护的责任是21世纪初国际上出现的新理论。将该理论中的军事干涉因素与《联合国宪章》关于使用武力的规定进行比较,观察近10年来国际社会的有关实践,可以认为该理论并未在国际法上改变现行的使用武力法规则,国际社会对该理论中军事干涉问题并未形成共识。现阶段对以军事手段实施保护责任应持谨慎态度。     

New Methodism and Old: Churches,Police and State in Fiji, 2008–09

Abstract

Although Methodism has remained the dominant form of Christianity in Fiji, Methodist beliefs have been contested by a proliferation of Pentecostal/evangelical churches, but never more directly than by a new form of Methodism which flourished in the years up to 2009. This new church was called the New Methodist Church and, for a period in 2008 and 2009, the Fiji police forces were strongly encouraged to participate and finally to convert to it. This article is part of ongoing research that traces the alliances and challenges between Christianity and the state in Fiji.     

International labour migration and local rural activities in the Kyrgyz Republic: determinants and trade-offs

This paper uses a representative household-budget survey from the Asian Development Bank to analyse the determinants of international labour migration, distinguishing between seasonal and permanent (long-term) moves and comparing them with determinants of rural local income-generating activities in the Kyrgyz Republic. It has been found that both permanent migration and local nonfarm-wages employment substitute agricultural activities and attract the most educated rural individuals. The difference is that the permanent migration option is unattainable for individuals from poor households with small land holdings. They tend to engage in local nonfarm activities, while those who are educated and have resources to finance the cost of migration choose to leave the country for long periods of time. In contrast to permanent migration, seasonal migration does not require the possession of either higher or vocational education, which can make it potentially less harmful for local development in terms of brain drain.     

Party unity and presidential dominance: parliamentary development in the fourth republic of Ghana

Political power in contemporary sub-Saharan Africa is often portrayed as being highly informal and heavily personalised. The assumption that personalised politics is how ‘Africa works’ has led to the neglect of the study of Africa's formal institutions, including parliaments. This article assesses the position of the Parliament of Ghana under the Fourth Republic. It displays evidence suggesting that over successive parliamentary terms parliamentary committees became increasingly adept at handling legislation, and inputting into the policy process. It also shows that the parliament was increasingly able to oversee the implementation of legislation. Although the findings of hitherto undocumented progress represent a valuable nuance, the argument that the parliament became increasingly able to input into the legislative process says exactly that; while the parliament became increasingly capable of amending legislation rarely was this witnessed. The article argues that parliamentary development in Ghana has been a function of three interacting structural factors: the constitution; unified government since 1992; and political party unity. The strong partisan identities of legislators from the two major political parties – the New Patriotic Party (NPP) and National Democratic Congress (NDC) – provide the executive with extra leverage to control the parliament. Throughout the Ghanaian parliament is juxtaposed with the Kenyan National Assembly. More substantially, the article seeks to force a revision of the dominant narrative that generalises African party systems as fluid and fragmented, and African political parties as lacking any recognisable internal cohesion or ideology.     

Self‐control,peer relations,and delinquency

This paper addresses gender-specific treatment in juvenile justice processing, an important topic in view of new funding opportunities to develop female-specific programs. This topic is controversial and includes many unresolved issues. To provide context, we relate this study to lessons from the initiative to address disproportionate minority confinement: that it is impossible to understand confinement without understanding the process by which youths are confined, that structural and demographic traits facilitate the process, and that benevolent interventions can have unintended negative consequences. We present empirical findings that juvenile justice cases are “gendered,” but that court treatment of those cases shows more gender similarities than differences. In contrast, interviews with officials suggest large gender gaps in opportunities for services, and indicate some gender biases. Bias and disparity also are themes among delinquent and “at-risk” girls who participated in focus groups; in addition, girls expressed preferences for treatment comparable to that given to boys. Finally, we evaluate what has been advocated as female-specific programming and recommend how best to proceed.     

论国际商事仲裁中证据的可采性

在国际商事仲裁中,仲裁庭具有认定证据可采性的自由裁量权,不必严格适用各国民事诉讼中的证据可采性规则。不过就一些具体的证据可采性问题,国际上形成了一般实践。仲裁庭在认定证据的可采性时,除了考虑相关性,还可能考虑效率、仲裁费用等因素。另外,仲裁庭认定证据可采性的权力并非没有限制。我国相关仲裁实践存在一些问题,与国际一般实践相脱离,应予以纠正。     

中国特色国际经济法学的理念与追求——《陈安论国际经济法学》的学术创新与特色贡献

《陈安论国际经济法学》的学术特色和贡献主要是:以马克思主义为指导,分析国际经济关系的发展、揭示南北问题的根源和实质及阐释马克思主义主权观;站在中国和发展中国家的立场,坚持和发展"三个世界"理论,坚持建立国际经济新秩序的目标,提出南北矛盾发展的"6C律";论证南北矛盾中形成的经济主权原则、公平互利原则和全球合作原则,充分反映了作者创建中国特色国际经济法学的理念和追求。作者强烈的学术使命感、历史与现实结合的研究方法及学术成果"国际化"的不懈努力尤其值得学习。     

对“人性善”与“人性恶”争论的反思——兼论马克思主义的人性观

人性善与人性恶争论的实质是对人的本性、本质的认识。无论是性善论、性恶论抑或是不善不恶论,都预先设定了一个前提,即认为人有一个不变的本性。萨特的存在先于本质以及马克思的人在现实性上,是一切社会关系的总和的观点,为我们深入剖析人的本性、本质提供了更为广阔的视角。     

劳动法调整对象再认识与劳动法学科重构

随着中国劳动关系集体化转型的发生,劳动法的调整对象也由以往主要局限于个别劳动关系调整,转变为以个别劳动关系调整为基础,以集体劳动关系调整为主线,以社会劳动关系调整为目标。规范的市场经济下劳动法的作用,是从个别劳动关系的从属性出发,通过集体劳动关系的对等性,来实现社会劳动关系的协调性。与中国劳动关系和劳动法治的集体化转型相适应,中国劳动法学科理论基础和结构体系也需重构,构建一个以个别劳动关系调整为基础、以集体劳动关系调整为中心的新的劳动法学科体系,已经成为中国劳动法学科发展的当务之急。     

MIS‐MATCHED: TAKING A STATE APPROACH TO ENFORCING THE GROWING INTERNATIONAL MATCHMAKING INDUSTRY

Each year, hundreds of U.S. men and foreign women find their future spouses through international matchmaking agencies. Foreign women are attracted to the opportunity for a life in America and men are offered money‐back guarantees to find the perfect wife. An alarming number of these unions however, have resulted in the abuse, exploitation and even death of foreign women at the hands of their U.S. citizen husbands. While the federal International Marriage Broker Regulation Act requires disclosure of a male client's criminal background history prior to communicating with a potential foreign bride, the Act does not impose any requirements for disclosure of information about the international marriage brokers themselves. Thus the peddlers behind the rapidly growing industry are largely unaccounted for, with no one really knowing who they are or where they are operating. This Note proposes that states fill the enforcement gap by adopting a statute requiring international marriage brokers to register and become certified to do business with state residents. This legislation will result in collecting much needed data on international marriage brokers, create more transparency in the international matchmaking industry and prevent potential violence and abuse of foreign women.