控制下交付国际准则研究

《联合国禁止非法贩运麻醉药品和精神药物公约》《联合国打击跨国有组织犯罪公约》与《联合国反腐败公约》对控制下交付国际准则作了明确的规定,具体包括适当使用原则、逐案判断原则、安全原则、同意原则、国家主权原则等五项基本准则,并在区域性国际公约、国际协议和国内法中得到广泛体认和贯彻。基于"条约必须信守"的原则,我国也必须体现和遵循控制下交付国际准则,然而由于国际公约对控制下交付国际准则并没有作出详细规定,所以我国在通过制定国内法严格遵守、履行控制下交付国际准则的同时,还必须对如何贯彻控制下交付国际准则做进一步的精细化制度设计。     

Beyond Hollowing Out: Straitjacketing the State

For two decades, the metaphor of ‘hollowing out’ dominated discussions about the changing role of the state in delivering public services. Today, this metaphor no longer captures important contemporary developments. European Union policy has expanded deeper and deeper into public service sectors, increasingly constraining government's capacities to deliver these services. I suggest a new metaphor to capture this: straitjacketing the state. People are straitjacketed when they are perceived to be at risk of damaging themselves through self‐harm. Straitjacketing the state occurs when a state signs up to a new set of supranational rules which purportedly will help avoid it damaging itself, by restricting room for localised inefficient practices. However, due to the strength of the straitjacket, governments become significantly restricted in choosing policies for domestic implementation according to their preferences.     

Beyond the Comfort Zone? County Government Collaboration with Private-Sector Organizations to Deliver Services

Despite burgeoning research on collaboration, the preference and choice of public managers to partner with other public-sector institutions versus private-sector organizations has received comparatively little attention. This study proposes that public managers are inclined to partner with other government agencies, i.e., within their “comfort zone,” and presents a model to explain when they may go beyond the comfort zone to collaborate with private establishments. Using an embedded case study design, this study examines how the professional background of the manager, characteristics of the government organization, and the “market” of potential partners influence the reported incidence of collaboration with nongovernmental actors.     

Housing and Council Tax Benefits Administration in England: A Long-Term Perspective on the Performance of the Local Government Delivery System

The Coalition government announced, in 2010, that between 2013 and the end of 2017 all existing claims to income-based welfare allowances, including housing benefit, would gradually move to the Universal Credit (DWP 2010). This article evaluates the performance of the Council Tax and Housing Benefits Administration Services under the current system for the delivery of these benefits since they were transferred fully to local authorities in 1993 up until December 2011. During this period the performance of local government has been influenced by four successive national delivery regimes, namely: Compulsory Competitive Tendering (CCT); Best Value; Comprehensive Performance Assessment (CPA) and Comprehensive Area Assessment (CAA). An earlier article (Murphy, P., Greenhalgh, K. and Jones, M., 2011. Comprehensive performance assessment and public services improvement in England – a case study of the benefits administration service in local government. Local Government Studies, 37 (6), pp. 579–599) examined the CPA period in detail and found a significant improvement in performance across all types of authorities in all parts of the country during this period. The current article complements this earlier analysis and provides a longer-term perspective on the performance of the benefits service between 1993 and December 2011. The findings of this article show that under CCT the performance of the system was poor, there were wide variations in individual local authority performance, with many acknowledged inadequacies in the system and unacceptably high levels of fraud. However, towards the end of CCT and in the subsequent Best Value period the antecedents of some of the tools and techniques subsequently used to drive improvement in the CPA era were either put in place or were being developed. The Best Value period itself did not show significant improvements in performance and it was not until many of the initiatives were refined, developed and applied within the CPA framework that sustained and significant improvements became evident. This overall improvement generally continued under the CAA although the previous trend of consistent reductions in the variation between authorities’ performance had changed between 2009–2010 and 2011–2012. It is too early to judge whether these latest trends will be maintained under the Coalition government’s localism regime.     

NEPAD and good governance

This paper is an analysis of South Africa's public service improvement strategies since 1994. It first describes the historical factors that underpinned South Africa's service delivery initiatives before 1994. It is argued that the pre-1994 public service sector was racialised and highly politicised, as opposed to being people-centred and service delivery oriented. The transition to democracy in 1994 necessitated a complete revision of South Africa's public administrative system in order to meet the developmental challenges of service delivery needs. However, this transition also coincided with global reform initiatives that were taking place in the public sector, as informed by the new public management (NPM) paradigm with its emphasis on cost effectiveness, accountability and transparency. The primary argument of the paper is that commendable legislative reforms have been enacted in South Africa's public administration system in the post-1994 period, based on the NPM, but the fragility of the state bureaucracy as manifested in the silo approach characterising the South African government operations, as well as capacity limitations, encumbers the success of these reforms. The Community Development Worker (CDW) programme, operating in South Africa's Eastern and Western Cape Provinces, is used as a case study to illustrate this argument. A brief look at India's experience of the NPM also informs the discussion. The significance of the case study lies in the fact that it was conceived in the interest of increased responsiveness and accessibility to government services, a vital pillar of the NPM framework.     

The Dynamics of Local Service Delivery Arrangements and the Role of Nonprofits

This article examines the relationship between “contract failure” (the bringing “in-house” of previously contracted services) and service characteristics. The connection between contract failure and nonprofit and for-profit status is also explored. The analyses are performed using International City/County Management Association data and three service typologies constructed by previous scholars. The findings indicate that: 1) contract failure is more common than anticipated, and is actually relatively more common than privatization; 2) while service characteristics are associated with the frequency of contract failure, the nexus is tenuous; 3) nonprofit entities are less prone to contract failure than their for-profit counterparts.     

A microfluidic device for presumptive testing of controlled substances

A simple microfluidic device (MFD) has been developed to perform multiple color and crystal tests for controlled substance analysis. The MFD method uses less sample and reagents and generates less waste than traditional spot plate methods while performing several tests simultaneously. This methodology provides significantly more analytical information for a single sample analysis. The current generation device is the size of a microscope slide with four analytical channels: one for microcrystal tests and three for color tests. The optimized devices were subjected to a rigorous validation study using comparative replicate analyses and several operators. Target analytes were methamphetamine, amphetamine, cocaine, and oxycodone and color test reagents used were the Marquis, Simon, and cobalt thiocyanate. For the crystal tests, platinic chloride was used. The validation study showed the MFD's limits of detection to be in the picogram range. Positive tests results were observed in complex mixtures in which the controlled substance was present at concentrations of 5-10% (w/w). The microcrystal reagents showed greater sensitivity than color test reagents when used in the device. Reagent use and waste generation using the devices was 95% less that that used and generated using the traditional methods. The device performance was also shown to be operator independent.     

国际贸易中海运货差探析

在国际贸易海上货物运输过程中,货差（货物短量）的现象司空见惯。货差发生的原因众多,其中包括运输过程中的运输允耗、装卸允耗和衡重误差等,即通常所说的5‰合理损耗问题。相关国际公约和《中华人民共和国海商法》对此都没有明文规定,给海事审判工作带来诸多不便。从承运人、托运人和提单持有人对合理损耗认识,结合相关案例,对大宗散装货物由于水尺计重在货物交付时发生的货差问题进行分析,借此引起提单持有人、承运人及其代理人对此问题的注意,以进一步维护提单持有人、承运人的利益。     

Illicit Drug Delivery Via Administration of Human Blood

The physiological, psychological, and social consequences associated with illicit drug use are well documented. In addition to the effects directly related to the drug(s), the delivery mechanism can precipitate other serious health conditions. A case is reported where an individual stopped by law enforcement was discovered to be in possession of a vial containing a red‐colored fluid, which the person stated was blood and contained fentanyl. Analysis by headspace GC, ELISA, and LC‐TOF/MS screening in with mass spectral confirmation revealed the presence of several substances, including ethanol, methamphetamine, amphetamine, MDA, 6‐monoacetylmorphine, codeine, morphine, alprazolam, delta‐9 THC, ephedrine, pseudoephedrine, and norpseudoephedrine; serology testing verified the fluid was consistent with human blood. Methamphetamine was present at a dosage form amount (11 mg). The purpose of this study was to detail the analytical findings, interpret their meaning, and discuss the public health concerns associated with the drug delivery by the administration of human blood.     

Identification of 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP) in a Seized Drug Exhibit

To circumvent the law by evading regulation and obscuring their identities in routine analyses, numerous substituted cathinones have entered the illicit drug market. These compounds have been coined “bath salts” by users. In the described case, the laboratory received an unknown white powder for controlled substances identification. The sample could not be immediately identified using standard methods and procedures. Ultimately, the structure was elucidated using GC‐MS, NMR, FTIR, GC‐SPIR, UV, and color tests to be 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP), a cathinone analog with a rarely observed nonoxygenated bicyclic ring system. Features of spectra and chemical tests are reported that distinguish this class of cathinones from heterocyclic analogs.