欧盟非合同义务法律适用统一化——以《罗马条例II》为中心

《罗马条例II》的诞生,标志着欧盟国际私法统一化的最新发展——非合同义务领域法律适用的统一,从而使非合同义务的法律适用增加了一种"超国家"法律渊源。而且,统一的内容涉及侵权或不法行为、不当得利、无因管理等非合同之债的主要方面,统一的法律选择力求在法律适用的确定性与灵活性、管辖权选择与内容定向法律选择、社会公共利益与个人利益等方面达到平衡。欧盟非合同义务法律适用的统一化给中国国际私法立法以启示。     

Y-chromosomal STR haplotypes in two endogamous tribal populations of Karnataka, India

POPULATION: Approximately 5.0 mL of blood sample was collected from a total of 150 men belonging to two tribal populations of coastal Uttar Kannada district of Karnataka, with their informed written consent. Both the populations are endogamous and they belong to the Dravidian linguistic family. Halakki is a tribal group having a population size of c. 3383. They claim that they originally belong to Gujarat and Rajasthan, and migrated through Andhra Pradesh to Karnataka. Kunabhi is also a tribal population, c. 35,214 in number. They were hunters and gatherers but presently they practice agriculture.     

Allele frequencies of 20 Y-chromosomal short tandem repeat loci in a tribal population of Deccan Plateau, India

Population: Eighty male individuals from a nomadic tribal population belonging to Dravidian and Indo-Caucasian ethnicities from Deccan Plateau, Andhra Pradesh, India, were analyzed in the present study.     

Wirksamkeit einer vor Inkrafttreten des MRG abgeschlossenen Wertsicherungsvereinbarung; Novation

Eine im Abschlusszeitpunkt wirksame Mietzins- und Wertsicherungsvereinbarung bleibt weiter wirksam. Dieser Weitergeltung alter zinsrechtlicher Bestimmungen steht § 16 Abs 9 MRG nicht entgegen. Eine in einem Hauptmietvertrag vor dem 1. 1. 1982 und somit vor Inkrafttreten des MRG geschlossene zul?ssige Wertsicherungsvereinbarung bleibt wirksam und ist nicht auf ein überschreiten der Angemessenheitsgrenze des § 16 Abs 1 MRG hin überprüfbar.     

Adult children of alcoholics: An exploration of Axis II disorders and replicated dysfunctional family patterns

This study examined Axis II personality disorders and replicated dysfunctional family patterns in adult children of alcoholics (ACAs). Parental and spousal confirming and disconfirming communication patterns, and replicated physical, sexual, and emotional abuses were explored. Sixty ACAs were assessed using structured clinical interviews and self-report measures. Sixty-five percent met DSM-IIIR criteria for one or more Axis II disorders. Failure to feel confirmed (valued) by one's alcoholic parent was significantly associated with ACA Axis II disorders and alcohol abuse. Significant relationships between physical and sexual abuses and Axis II pathology were found. Replication of childhood abuse and dysfunctional communication was also noted.     

Listening and moving in the urban environment

This article discusses The Language of the Listening Body, a collaborative creative project between choreographer Hope Mohr and composer Michelle Nagai exploring an active listening and moving practice in the urban environment of New York City. Mohr discusses listening and moving practices in the studio and in ‘soundwalks’—walking meditations where participants are encouraged to maintain a high level of sonic awareness. The article discusses discoveries and questions that arose during a creative process with a focus on: (1) the relationship between listening-based movement research and public soundwalks, and (2) the unique issues involved in environmentally based creative process and performance.     

The Futures of Conflict: Exploring the Use of Comparative Scenarios in Track II Peacebuilding

This paper develops a prototype for a new type of conflict analysis tool designed to be used as part of a Track II peacebuilding process. The tool, termed Conflict Analysis through the Structured Evaluation of Scenarios (CASES), provides information on relevant comparative cases by systematically analyzing cases from the Minorities at Risk (MAR) data set. From these 285 groups in the data set, the CASES report identifies five comparison cases , designed to illuminate potential future trajectories of the subject case , the Kurds. In the CASES report, each of the comparison cases represents a scenario, a possible future of the subject case. The report therefore contains five brief narratives that describe the Kurdish case as if they were the subject cases. The report is designed to be used as part of a Track II peacebuilding process.     

论二战前后法泰两国的领土争端与谈判

法国在19世纪末到20世纪初攫取了大量泰国领土。第二次世界大战期间,泰国乘法国在欧洲败亡之际,在日本的帮助下收复了部分割让给法属印度支那的失地。法国临时政府在二战结束后要求归还这些领土。双方为此举行谈判。由于法国实力衰落以及美国对法、泰两国的重要影响,美国在法泰谈判中发挥了重要作用。     

Interpreting perimortem blast trauma from skeletal remains: Complications and considerations

Blast trauma results from highly variable events that can lead to similar effects in the skeleton. Clinical literature, which largely focuses on soft tissue, provides limited efficacy for interpreting fully skeletonized cases. Interpretation of skeletal blast trauma is hampered by the low number of fully skeletonized case studies and experimental replication studies, which mainly use nonhuman proxies. The purpose of this study is to discuss fracture patterns on two individuals from WWII as a means to better understand and identify fracture patterns associated with blast trauma. Existing clinical and anthropological criteria are reviewed and applied to two World War II cases, both presumed to exhibit blast trauma based on historical contexts. These case studies exhibit combinations of complicated and extensive signs of blunt-force and projectile trauma, reflecting the diversity of skeletal trauma resulting from blast-related events. This analysis emphasizes the arguably impossible task of establishing a diagnosis based on the available literature and lack of prior knowledge about specific losses. Ultimately, analysts must consider the totality of skeletal trauma, combining biomechanical theory and relevant clinical and anthropological literature to arrive at useful yet defensible assessments of trauma. However, refined criteria and additional studies are needed to assess complicated trauma from blast-related events in anthropological contexts.     

From distrust to mutual interests?: Emerging cooperation in Northeast Asia

In Northeast Asia, historical legacies, a lack of common identity and great power politics impeded political cooperation and economic integration. However, China, Japan and South Korea have exhibited a growing interest in political and economic cooperation since the late 1990s. This article examines how the three Northeast Asian countries have developed political and economic cooperation by using the concept of ‘multilayered intergovernmentalism’. It argues that despite political tensions between China and Japan, regional cooperation among China, Japan and South Korea has been promoted by talks and bargains among the heads of state and government who strengthened incentives for closer cooperation. Moreover, multilayered frameworks formed at the ASEAN Plus Three (APT) level, through the Track II mechanisms, and in issue-specific areas have provided valuable input into advancing regional cooperation initiatives. Whereas the APT framework offered incentives and opportunities to exchange views and information for closer trilateral cooperation, the outcomes of the research at the Track II were incorporated into the leaders' cooperative initiatives. The existence of issue-specific frameworks stirred talks and negotiations at the summit level.