买卖合同司法解释中违约金制度的解读

最高人民法院买卖合同司法解释对违约金制度作出了进一步规定,文章从比较法和实证分析的角度,对违约金的调整尤其是法院的主动干预在法哲学、立法例、必要性以及干预的限度上进行了分析,以期对理论和司法实践有所裨益。     

To Act or Wait: A Two-Stage View of Ripeness

This paper examines different conceptions of ripeness to evaluate their usefulness to war termination theory and practice. After examining the objective and subjective elements of ripeness, it suggests that the first definitions can be linked by using bureaucratic decisionmaking models and two-table negotiating models. This article concludes that ripeness can be enhanced through a systematic combination of its objective and subjective elements within a framework of possible policy options and intervention actions. It stresses that collaboration and communication between Track I and Track II intervenors is the key to transforming ripeness from a condition to a goal.     

R2P: “State of Play”

Abstract

Is R2P the most effective tool the international community has to prevent genocide, or the newest neo-imperial norm perpetuated by the most powerful states? In a dramatic performance of the key debates within R2P, each of these views is presented before Aristotlean and Tocquevillean insights are drawn upon to find a middle ground rooted in citizen resistance against mass atrocity crimes. R2P can both become a more effective tool of prevention and gain needed political legitimacy by drawing on the rich historical tradition of citizen resistance to empower local actors defying regimes engaged in mass atrocity crimes.     

Coalitions and American Military Intervention *

As the only superpower in the international system, the United Statesuses its force and takes military intervention abroad more often than any other state.Researchers usually argue that the United States has strong unilateral incentivesto make decisions and implement military intervention—the US is prone to use orthreaten to use the force frequently and obstinately, ignoring the United Nations andinternational law. An investigation of major US military interventions in the post-ColdWar era shows that the United States has often relied on temporary coalitions ratherthan persistent alliances in military and stability operations, although its decisions touse force are less constrained by the international community. The United States hasmotivations to recruit multinational military coalitions, such as avoiding the dilemmaof collective action, reducing the burden of intervention and acclaiming the legitimacyof their interventions. Military coalitions have clearly-defined missions and flexiblemeans, which provide convenience for the United States to take a leading role inmilitary interventions.     

HALT: early prevention and repression; recent developments and research

In this article an account is given of the Halt working method in the Netherlands, which is used by 63 Halt Bureaus and is directed at combating and preventing juvenile delinquency. This working method has been successful. Recent developments and experiments directed at further extending the effects of the Halt approach and executing an even earlier reaction to criminal behaviour are considered, and the results of recent research are discussed. Finally, the pros and cons of this method of early reaction are revealed, the conclusion being that the advantages and positive effects are great, and any possible disadvantages can be further offset.     

家暴受害女性心理问题及其干预研究述评

家庭暴力破坏家庭和谐,危害家庭成员身心健康,引起全社会广泛关注。女性作为家庭暴力中的主要受害者,其心理问题日益成为学界关注的焦点之一。近年来的相关研究认为家庭暴力受害女性易形成自我意识问题、情绪问题以及相关风险行为、人际退缩、自杀以及暴力伤害行为等四类心理问题,提出了电话咨询和网络咨询、个体面询和家庭咨询、团体咨询等几种典型的心理干预方法。同时,在综述大量研究的基础上,探讨了今后相关的研究方向。     

The New Panopticon? Examining the Effect of Home Confinement on Criminal Recidivism

Due to its versatility within the criminal justice system, home confinement has broad appeal as a sentencing option. This meta-analysis examines the effectiveness of house arrest and electronic monitoring on the recidivism of adult offenders. Fourteen effect sizes (from 11 studies) that present recidivistic outcomes were quantitatively pooled, and separate meta-analyses were conducted on varying categories of recidivism severity to assess the differing impact of home confinement. The findings suggest that home confinement helps adult offenders successfully reintegrate into the community upon release from closed custody and deters future offending. Implications for correctional policies and practices toward home confinement as a community-based prevention strategy to supervise offenders are discussed.     

Do the Root Causes of Civil War Matter? On Using Knowledge to Improve Peacebuilding Interventions

Abstract

The normative and practical success of the 1990s campaign on the right and responsibility to intervene to stop civil wars should be acknowledged so that policy and research can move on to the more pressing question of how we intervene and improve on currently inadequate results. This essay confronts a standard explanation, the failure to address the root causes of a conflict. It argues from academic research on three aspects – the knowledge on causes shaping current policies, the interests of those who matter in intervention, and the new research on civil war – that a focus on root causes would not improve outcomes and could even be counterproductive.     

The Tragedy of Liberal Diplomacy: Democratization,Intervention, Statebuilding (Part II)

Abstract

The first part of this paper (in the previous issue) showed that the democracy promotion policies often perceived as characteristic of the New World Order are not so new. Rather, they were an integral part of the modernization theories and policies of the Cold War era. This second part of the paper shows that the democracy transition paradigm is based on precisely the same liberal assumptions as its predecessor and that, like the former, its theories and policies have widely been identified as failing. This failure leads to interventionist and statebuilding policies which in turn trigger resistances in target countries; a pattern already familiar from the Cold War period. We are confronted, thus, neither with a new world order nor with the end of history but rather with its repetition. And this repetitive cycle of counterproductive theories and policies, the paper concludes, will continue for as long as the liberal ideology underpinning it remains essentially unchallenged.