广西农村饮用水源法律保障机制构建

由于农村饮用水源保护法律供给不足，广西饮用水源危机在一定程度上表现为农村饮用水源危机。本文在对出广西农村饮用水源保护面临的法治困境进行整理分析的基础上，结合广西农村社区饮用水源实际，提出构建农村农村饮用水源法律保障机制，旨在探索出一条适合广西农村饮用水源保护的法治之路。     

Homicide Trends and Illicit Drug Markets: Exploring Differences Across Time

Ample speculation and some evidence suggests that the decline in homicide rates since the early 1990s was partially attributable to declining levels of drug market activity. This analysis explores that explanation, along with an alternative: the strength of the drug market–lethal violence relationship has weakened over time. We outline several conceptual reasons to expect period‐specific differences in the drug market–homicide relationship. These include the aging of market participants, shifts in the normative and transactional climate of markets, and changes in structural factors affecting the magnitude of the relationship between drug market indicators and homicide rates (such as socioeconomic disadvantage). These arguments are evaluated for a sample of large US cities. The results generally show a pattern of attenuation in the drug market–homicide relationship and lead us to conclude that part of the homicide decline is likely due to a drop in the amount of drug market activity, some of it is attributable to the aging of drug market participants, and some appears to be due to unmeasured factors which may have created a “kinder and gentler” drug market.     

New investment,old challenges. Land deals and the water constraint in African agriculture

Foreign investment in agricultural land acquisition in sub-Saharan Africa has been viewed primarily as driven by a set of linked ‘crises’: in financial capital markets, in security of energy and food supply, and in global environmental governance. This paper argues that a focus on the ‘buyers’ of land risks overlooking the dynamics that operate on the side of the land ‘sellers’. Accordingly, the first part of the paper argues that it is important to view the current ‘land grab’ as the latest stage in a longer historical process of competition for control of land and other natural resources by different ‘domestic’ economic and political actors within African countries. While such struggles are often characterised as the ‘state versus the peasantry’, with the state acting on behalf of ‘urban elites’, the paper argues that processes of accumulation and associated enclosure of natural resources need to be examined more critically in specific contexts if the role and impact of foreign capital investment are to be understood. The second part of the paper seeks to identify the ways in which questions of scale (in the sense of greater capital intensity) can be considered to be constraints to the development of African agriculture. Particularly, it considers the extent to which the production models most frequently mentioned in connection with foreign investment (large-scale mechanised farms and small-scale outgrower contract farming) respond to current productivity constraints. The paper argues that current debates about foreign investment in agricultural land underplay the importance of water resources needed to overcome production risks associated with irregular rainfall. Bringing the water dimension of land deals more clearly into focus is necessary if the scope for positive and negative impacts of new investment on existing land users is to be fully understood. The paper concludes by considering the implications of such challenges in the current context of foreign investment in agriculture in Africa.     

The rise of the constitutional regulatory state in Colombia: The case of water governance

This article interprets the regulatory state in Colombia as the result of a dialectic process between transnational knowledge and domestic politics, which influence, transform, and inspire each other. Such a process results in an interesting constitutional variant of the regulatory state, in which neo‐constitutionalism becomes a counterbalance to the unchecked expansion of neo‐liberal regulatory practices. I, therefore, distinguish between neoliberal and constitutional regulatory states. As a result of neo‐constitutionalism, the domestic judiciary is empowered, and becomes a crucial actor to understand both the specific traits of this regulatory experience, and its interaction with global centers of power.     

International Cooperation and Coordination on Prevention and Control of the Environmental Damage Caused by Ship＇s Ballast Water

船舶压载水在提高船舶安全性的同时也给海洋环境带来了严重的甚至永久性的损害。而海洋环境的有机统一性和船舶世界航行的特点，决定了国际社会只有通过广泛的合作与协调，才能防控船舶压载水造成的海洋环境损害。本文论证了防控船舶压载水造成海洋环境损害国际合作与协调的必要性和路径选择，进一步研究了实现上述合作与协调的相应机制，为我国应对防控船舶压载水造成海洋环境损害的国际合作与协调趋势提出了建议。     

Reconstructing ‘conflict of interest’ in financial markets: Private management, public challenges, future prospects

Following widespread criticism of financial market (self-)regulation, there is a shift in regulatory mood, explored here with reference to evolving conceptions of conflict of interest. The pre-crisis distinction between conflict of interest (normal, manageable) and its exploitation (unacceptable, legally actionable) has become somewhat eroded, as exemplified by the SEC’s 2010 civil fraud action against investment bank Goldman Sachs. However the settlement of that case on the basis of ‘mistake’ left many questions unanswered: about the meaning(s) of conflict of interest, about managerial mistake versus exploitative intent in administrative/civil cases and equally about the potential for action under criminal law. Looking forward, a judgement of the European Court of Justice on insider trading – concerning a rebuttable assumption of intent – could be taken as a template for ‘drawing the line’ on conflict of interest. Acting on the basis of informational asymmetry could be taken as an indicator of intent and serious wrongdoing unless financial market actors can demonstrate otherwise.     

Isotope evidence to link a suspect with a pipe bomb multimurder in Austria 1995

A bomb attempt in Oberwart, Austria, on February 4, 1995, was the culmination of several pipe and letter bomb attempts mainly in Austria. The pipe bomb had been mounted on a self-made gypsum (plaster of Paris) pedestal and exploded when touched, killing four persons. With a level of 200 tritium units (TU), the water extracted from the gypsum pedestal was unusually enriched in tritium (3H) compared to an environmental level of about 20 TU at that time. Investigation of the 3H content of air moisture in the living room of an arrested suspect showed values of about 1000 TU (normally, 50 TU is not exceeded). Additionally, water used as sealing liquid in a glass with nitroglycerine found in the living room was also significantly enriched in 3H (>400 TU). The living room therefore offered the high 3H level environment necessary to lead to elevated 3H concentrations in the gypsum pedestal.     

The Fallout to the Guide to the Proposed Basin Plan

The political fallout from the release of the Guide to the Proposed Basin Plan in the Murray‐Darling is illustrative of the difficulties associated with reallocating water resources in this context. The response of Minister Burke has been somewhat predictable, with a resurgent interest in public subsidy of irrigation infrastructure evident. This article is used to examine the policy background to the Guide and critically consider further subsidy of irrigation infrastructure. The article concludes that infrastructure investment at the expense of the public purse will fail to deal with the problems at hand and generate a plethora of additional future problems.     

略论“五行”学说的基本内容

"五行"学说在中国哲学史上具有相当重要的地位,但长期以来为人们所忽视,实为一大罕事。从自然界到社会政治、伦理活动,从人体结构到宗教祭祀活动,"五行"学说都无所不及,可见其范围之广,堪称中国古代一个庞大的哲学思潮。这一思潮产生很早,从春秋战国到秦汉,它已成为一种世界观的理论体系,为人们普遍运用,一切事物及其运动变化都以"五行"的作用和属性的相生相胜为基础。因此,探讨"五行"学说的基本内容,具有重要的意义。     

A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.