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。     

Comparative study of electrochromic enhancement of latent fingerprints with existing development techniques

To address the challenge of capturing latent fingerprint evidence from metal surfaces, a new method of latent fingerprint enhancement based on electrochromic polymer films has recently been developed. Here, we present a study comparing the development and visualization of nonvisible fingerprints on stainless steel substrates using this electrochromic enhancement approach with three classical methods (dusting, wet powder, and cyanoacrylate fuming). Two variants of the electrochromic enhancement method were utilized with polyaniline and poly(3,4-ethylenedioxythiophene) as the electrochromic materials. Fingerprint samples were taken from different donors (varying in age and gender) and were exposed to different environments for systematically varied periods of time (up to 28 days). The environments represent plausible evidential scenarios: left under ambient conditions, washed with aqueous soap solution, washed with acetone, submerged in water, and maintained at elevated temperature. The electrochromic enhancement procedure frequently outperformed the traditional methods, particularly for samples exposed to more challenging histories.     

‘That wicked rule,that evil doctrine … ’: Reforming the Law on Disclosure in Insurance Contracts

The Consumer Insurance (Disclosure and Representations) Act 2012, which abolishes the consumer assured's duty to volunteer information, heralds the first successful outcome of the English and Scottish Law Commissions current insurance contract law reform project. This paper outlines the defects of the common law duty of disclosure which the Law Commissions sought to address. It goes on to consider why previous legislative attempts failed, the self‐regulatory measures introduced by the insurance industry as a means of resisting earlier pressure for statutory intervention, and how that resistance broke down. Finally, it examines the scope of the 2012 reforms and the current consultation being undertaken in respect of the duty of disclosure in relation to business insurance. It concludes by assessing the significance of the statute in providing a necessary impetus for future insurance law reforms.     

The Baltic Question in West German Politics, 1949–90

While previous research by international lawyers has emphasized Bonn's value-neutral legalistic approach to the Baltic question from 1949 to 1990, this article–based on documents from the German Foreign Ministry archives–shows that the West Germans saw the Baltic issue as a political problem that interfered with their highest national aim: German unification. It addresses the following questions: first, why Bonn never made an official announcement of, and never publicly gave a justification for, its stance on the Baltic question; and second, why Bonn granted Baltic refugees the same rights that it offered other Heimat-less foreigners, whereas the remnants of Baltic diplomatic services or self-proclaimed exile governments found no official recognition in Germany. Finally, it comments on the role of the so-called German Balts in West German politics, and in Bonn's Baltic policies specifically.     

Public Discourse of (De)legitimation: The Case of South Estonian Language

This paper focuses on two different argumentative strategies for dealing with a regional variety of Estonian, one of which may discourage the use of South Estonian in favor of Estonian, while another legitimates the lesser-used regional variety. These argumentative strategies are studied by critical discourse analysis (CDA) of six articles in Estonian language newspapers and magazines published in 2004–2005. The use of South Estonian is discouraged by presenting real or imagined threats that it will undermine Estonian. This discourse also parallels the Estonian-Russian majority-minority discourse of recent years by employing zero-sum arguments of the Estonian language losing to Russian as a consequence of the recognition of South Estonian. Language ideologies, which also construct some varieties worthier than others, re-enforce an essentialist representation of separate languages. This representation will work toward suppressing linguistic variation.     

Can hyperlinks and digital rights management secure affordable access to information?

Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,¹ can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,² Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,³ and the EU Copyright Directive (EUCD) 2001.⁴ It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).⁵ Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free.     

The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia

Against a current trend of investing in the next generation networks (NGNs) by using public funds, the Australian government has initiated a so-called National Broadband Network (NBN) project to invest up to AUD$36 billion tax payer's money on building a national wide fibre broadband network aiming to cover 93 per cent Australian by 2020. As being the most costly infrastructure-building project in Australian history, the NBN project promises to deliver super-fast broadband services, create jobs and promote the country's economy at large. This article will critically analyse the NBN project in Australia and highlight the challenges that are coming alone at this early stage of the deployment, so the Australia's experience of pubic investment in broadband networks can be shared and lessons can be learnt.     

How reliable is cloudsourcing? A review of articles in the technical media 2005–11

A review of articles in the technical media between 2005 and 3Q 2011 disclosed reports on 49 outages involving 20 cloudsourcing providers. Several of these were major events. Many caused difficulties for user-organisations’ staff. Some caused lengthy suspension of services by user-organisations to their customers. A number of them involved irretrievable loss of data. Many user-organisations have failed to risk-assess their use of cloudsourcing, and are exposing their businesses to unmanaged risks.     

Measuring the Contextual Effects and Mitigating Factors of Labeling Theory

Despite the longevity of labeling theory, there remains a need for further empirical validation. We examine three ways that official intervention may lead to secondary (that which occurs following the fixation of a label) deviance: self-concept, pro-social expectations, and association with deviant peers. We examine a sample of labeled and non-labeled individuals, utilizing data from the Children at Risk study. Based on our analytical view of a three-year panel of 677 randomly selected juveniles, ordinary least squares regression shows that official intervention with the criminal justice system leads to an increased delinquent self-identity, decreased pro-social expectations, and an increased association with delinquent peers, which then lead to an increased likelihood of engaging in subsequent delinquency. While validating the theory, we suggest a revised model of labeling that better depicts the complicated association between formal labeling and subsequent delinquent behavior. We conclude with policy suggestions based on less formal interventions for offenders.     

The Identification of Chlorinated Acetones in Analyses of Aged Triacetone Triperoxide (TATP)

The organic peroxide explosive triacetone triperoxide (TATP) is regularly encountered by law enforcement agents in various stages of its production, storage, or usage. In a previous study, it has been demonstrated that isolated, rigorously purified, TATP may degrade to form a series of chlorinated acetones when directly treated with excess concentrated hydrochloric acid. The current study extends this work to examine whether this phenomenon may be measured during the more feasible scenario of aging of rudimentarily purified TATP contaminated with trace reaction mixture. It was demonstrated that solid-phase microextraction gas chromatography/mass spectrometry analyses of aged TATP that was synthesized utilizing hydrochloric acid catalyst may identify the presence of the degradation products chloroacetone and 1,1-dichloroacetone. Upon aging of TATP synthesized utilizing either sulfuric or nitric acid catalyst, no acid specific degradation products could be identified. These findings may be exploited by forensic chemists in the analyses of TATP samples.