Jurisdictional issues and the internet – a brief overview 2.0

Issues of Internet jurisdiction remain a key challenge for the application of law to the online environment. Despite of a large volume of academic writings on the topic, these issues continue to be perceived as complex and inaccessible. This article aims to provide an accessible introduction to private international law as it applies to the Internet. As such, it is hoped that it may be a useful resource for courses in IT law, Internet law, e-commerce law or the like, as well as for anyone looking to refresh their understanding of exactly what it is that people are struggling with in the field we may call Internet jurisdiction.     

海域使用权制度及其反思

海域使用权系一新颖的物权,且属于典型物权中的用益物权,而非准物权。它同渔业权、矿业权、水权、土地承包经营权、国有土地使用权存在着效力冲突,需要协调。在不否认后几种权利存在的正当性的情况下,站在立法论的立场上,应当废除海域使用权制度。     

三资企业中中方职员与西方职员在人际关系上的跨文化冲突透析

运用跨文化交际学在人际关系方面的理论,从东西方不同的文化理念,文化背景差异,民族性格差异,言语表达习惯差异及习惯交往方式差异等方面,对我国三资企业中中方职员与西方职员在工作及交往中产生的冲突和矛盾进行了阐释,以利于在三资企业中建立更加和谐的跨文化人际交往方式。     

浅论冲突法中的最密切联系原则

本文尝试采用系统的方法,重新界定了冲突法中最密切联系原则的概念,并较为全面地阐述了它所产生的现实原因以及它的性质、本质和功能,希望能够起到抛砖引玉的作用。     

States and their international relations since 1816: introducing version 2 of the International System(s) Dataset (ISD)

ABSTRACT

We introduce version 2 of the International System(s) Dataset (ISD), a register of sovereign states across the 1816–2016 period that include numerous states that are missed in commonly used datasets like the Correlates of War (COW) Project. Whereas ISD version 1 identified 363 states between 1816 and 2011, version 2 identifies 482. This version also records valuable information on a range of corollary variables, including start dates, end dates, estimated population sizes, diplomatic relations with Europe, conflict episodes, the existence of borders, and the location of capital cities. This dataset makes an important contribution to the study of international relations. It provides a more accurate understanding of the development of the international system over the last two centuries, it moves beyond the Eurocentric bias that sits at the heart of existing quantitative IR scholarship, and it will enable scholars to pursue a range of research topics such as the historical importance of state borders and boundaries, the practices surrounding recognition, and the frequency and intensity of conflict across regions. In this article, we discuss the existing state system membership lists and show how the ISD addresses their shortcomings. We outline the key concept and operationalization of statehood that the ISD adopts. We detail the variables included in this version of the ISD, discuss the data collection process, and show temporal and spatial distributions that illustrate the uniqueness of the ISD. Finally, we demonstrate the utility of bringing the ISD into one of many potential research topics: the study of conflict.     

民法变通规定制定权的法源冲突及解决路径——以《民法典》相关规定阙如为切入点

为在民事法治建设中妥善处理各民族风俗习惯与国家民事法律的关系,我国《民法通则》《婚姻法》《继承法》《收养法》赋予了民族自治地方人大对民事法律规定进行变通的权力。已经正式实施的《民法典》并没有对此项权力予以明确规定,而我国《民法通则》等法律又因为我国《民法典》的实施而被废止。在此背景下,民族自治地方人大还能否对民法典的相关规定进行变通或者补充,是全面贯彻实施《民法典》必须解决的一个重要问题。由于我国《民法通则》等法律规定的变通规定制定权是授权立法而非职权立法,依据宪法及宪法相关法有关立法权限划分的规定,已无法解决我国《民法典》与《民法通则》等法律之间存在的新的一般规定与旧的特别规定的冲突问题。在民法典时代,民族自治地方人大能否对《民法典》的规定进行变通或补充,尚有待全国人大常委会作出裁决。     

The Affect and Effect of Images of War on Individual Opinion and Emotions

We explore the conditions under which individuals are attentive to positive and negative battlefield information when forming beliefs about a conflict’s success or failure. We use three experiments to explore the impact of visual and textual battlefield cues on individuals’ emotional states and attitudes toward the war in Afghanistan. We find that both visual and textual information convey information about failure that influences public attitudes and emotions toward war. In keeping with rational expectations theory, but contrary to widespread beliefs within the journalistic and policymaking communities, textual cues and images of battlefield failure have similar effects on emotions and attitudes. The consistency of multiple war cues, however, greatly affects peoples’ reactions. Simply put, in war the content of information matters, not its delivery style.     

Are groups a good thing? Evaluating group associations among vegetable farmers in Freetown,Sierra Leone

Urban and peri-urban agriculture (UPA) is a widespread feature in sub-Saharan African cities, and has become particularly important in Freetown, Sierra Leone. Recent surveys have revealed the importance of UPA in Freetown as a method for generating food, income, and employment. Government and NGOs have encouraged urban farmers to group together into farming associations so that advice and inputs can be provided. Little information currently exists about the functioning of these associations, and whether their effectiveness might be improved. This paper draws upon recent field-based research in which the experiences of members in six different farming associations were investigated.     

Most Significant Change in conflict settings: staff development through monitoring and evaluation

Capoeira4Refugees is an NGO that uses the Afro-Brazilian art form of Capoeira to promote psychosocial well-being in children affected by conflict and occupation. Capoeira4Refugees introduced the Most Significant Change (MSC) methodology to monitor and evaluate project implementation and impact across two locations in the Middle East. Analysis of interviews conducted with five field staff revealed that in line with, and building on, previous research, MSC became an empowering tool that led to staff development. The potential for MSC to build staff reflexivity, independence, and leadership has implications for other organisations working in conflict areas, particularly in situations of remote management.     

Memory,suffering, survival tactics,and healing among Jopadhola women in post-war Uganda

This ethnographic case study addresses the question of how women in Jopadhola patriarchal society in Eastern Uganda remember three decades of civil war and violence and survived its aftermath. When the war ended, little changed for these women, who are still exposed to a continuum of gender-based violence and continue to use the same tactics that, during the war, enabled them somehow to live with their suffering. Local NGOs, with the support of the government, have started to assist Jopadhola women to improve the quality of their present-day lives. By rebuilding their human and social capital, these NGOs are also creating the space for women to heal their war memories.