欧盟涉外离婚法律适用的新发展——以《罗马条例Ⅲ》为中心

伴随欧洲一体化进程的深入,欧盟内部人员的跨国流动和社会家庭秩序的正常运转,要求成员国彼此间在涉外婚姻家庭冲突法领域实现统一化。以欧盟婚姻事项冲突法立法演变为出发点,以《罗马条例Ⅲ》的法律规定为中心,笔者着重探究将意思自治原则引入涉外婚姻家庭法律适用的合理性;并在现行规定的基础上反观惯常居所地这一连结因素的折衷性,试图思考理论层面可能浮出的疑难及其解决路径。     

The European Union in Sudan: A Missed Opportunity?

Abstract

International organisations active in Africa are often criticised for their ineffectiveness. So too is the European Union (EU), which is also accused of failing to assume a more prominent conflict management role in war-torn countries. This article examines the EU’s capacity and readiness to take on such a role in one such country, the former Republic of Sudan, home to Africa’s longest-running civil wars and the first ‘genocide’ of the 21st century. It begins by outlining the EU’s record in Darfur and the North–South Peace Process. Drawing upon 25 interviews and Hill’s ‘capabilities–expectations model’, it then questions whether the EU’s ‘capabilities’ (resources, instruments, unity) were ‘fit for purpose’ in Sudan’s hostile target setting. It concludes by identifying settings that have been more propitious for a conflict-related management function and by suggesting that the EU should better manage expectations about future security roles.     

This land is my land: the Ethio-Sudan boundary and the need to rectify arbitrary colonial boundaries

Ethiopia and Sudan share a common boundary of over 1600 km which was drawn through a series of treaties between Ethiopia and the colonial powers of Britain and Italy. To date, this boundary has not been clearly demarcated. In 2007, the Ethiopian People's Revolutionary Democratic Front, the current ruling government, entered into a secret agreement with the Sudan to make adjustments on the border. This paper identifies the major factors that have frustrated efforts to address the Ethio-Sudan boundary problem and also proposes solutions on how Ethiopia and Sudan could resolve their differences. The analysis reveals that political, social and cultural factors; the decision to adopt the western concept of the boundary; and the failure to recognise the historic and cultural constructs have contributed to the frustration of negotiations on the border. The paper proposes that Ethiopia and Sudan embrace the African Union Border Program, which encourages mutual cooperation, regional integration and the building of communities with strong economic and cultural ties.     

Sex Determination by Discriminant Function Analysis of Lumbar Vertebrae

Sex determination is critical for developing the biological profile of unidentified skeletal remains. When more commonly used elements (os coxa, cranium) for sexing are not available, methods utilizing other skeletal elements are needed. This study aims to assess the degree of sexual dimorphism of the lumbar vertebrae and develop discriminant functions for sex determination from them, using a sample of South African blacks from the Raymond A. Dart Collection (47 males, 51 females). Eleven variables at each lumbar level were subjected to univariate and multivariate discriminant function analyses. Univariate equations produced classification rates ranging from 57.7% to 83.5%, with the highest accuracies associated with dimensions of the vertebral body. Multivariate stepwise analysis generated classification rates ranging from 75.9% to 88.7%. These results are comparable to other methods for sexing the skeleton and indicate that measures of the lumbar vertebrae can be used as an effective tool for sex determination.     

Intervention and Subversion: The EU Border Assistance Mission to Moldova and Ukraine

By way of an inquiry into the European Union's border assistance mission to Moldova and Ukraine (EUBAM), this paper articulates two moves. Firstly, deploying intervention to study the relations of the European Union with its self-designated neighbours is heuristically relevant because such a move draws attention to the deployment of a patronizing rationale towards ‘intervened populations’. This is captured in the paper by the notion of tutelage. Secondly, analyses in terms of intervention remain unsatisfying in how they account for the linkage between the planning and ‘programming’ of intervention and its effects. While they work with the idea that intervention like any other practice of rule is a perpetually failing activity, they have yet to articulate this observation analytically. This paper advances the discussion by arguing that the notion of subversion may provide such an articulation.     

Conceptualizing and theorizing EU regulatory networks

European regulatory networks (ERNs) play a central role in the formulation, deliberation, and implementation of EU policies and have, thus, become objects of investigation in a fast‐growing scholarly literature. We identify two shortcomings – one conceptual, one theoretical – in the literature on ERNs: First, we argue that the principal–agent approach, which is conventionally used to conceptualize ERNs, overlooks and even misrepresents central features of ERNs. By introducing and applying the “orchestration” framework to ERNs we demonstrate that it better captures the specific characteristics of ERNs. Secondly, explanations for the choice and design of ERNs have treated functional and power‐based accounts as mutually exclusive. We argue instead that explanatory leverage can be gained by combining these two accounts by specifying their respective domains of application. While functional accounts enable us to illuminate why and under what circumstances ERNs are created in the first place (rather than EU agencies or delegation to the Commission), political accounts help us to shed light on variation in the design of ERNs (i.e. why actors opt for rather close or loose network structures). We illustrate the explanatory value‐added of such an approach through two brief case studies on EU telecommunications and competition policies.     

Covenant of Mayors: Reasons for Being an Environmentally and Energy Friendly Municipality

The Covenant of Mayors (CM) is the mainstream European movement involving local authorities who voluntarily commit to increase energy efficiency and the use of renewable energy sources within their territories with the aim of reducing CO₂ emissions and meet the European Union objectives by 2020. One country that has a greater number of signatories of this agreement is Spain. This article analyzes which factors influence the decision of Spanish local authorities to join the ever‐growing movement. An empirical model is formulated to describe the behavior of Spanish local governments, this being a binary choice model which is a function of various political, economic, and technical factors. Among the prominent factors that influence this decision are population, availability of renewable energy, fiscal and environmental stress, citizens’ political preference, the contagion effect of neighboring municipalities, the existence of covenant coordinators, and finally, economic motivations.     

关于社会主义的世界历史前景的几个重大问题

社会主义代替资本主义是历史发展的必然趋势.战后资本主义的新变化没有改变这一趋势,只是加速了这一趋势;苏联的解体、东欧的剧变不可能否定这一趋势,它只是表明了一种社会主义模式的失败和社会主义必然胜利的曲折性;信息社会的来临也决不意味着资本主义的永世长存,相反,它为社会主义战胜资本主义准备了更为坚实的技术基础,不仅如此,信息社会走向更高级的智能社会的发展趋势,印证着共产主义必然实现的真理性.     

Crime Trends in the EU

The paper’s aim is to show to EU policy makers, academics, journalists and the general public what the available information tells us about crime levels, trends in crime and public opinion about crime among Member States. The paper centres on an analysis of current trends on crime levels and trends based on the data available both from victimisation surveys and police statistics. The victimisation survey source is the published data collected in the International Crime Victimisation Survey. A separate analysis based on the Eurobarometer was also carried out. Data on police statistics present two separate sources i.e. the Council of Europe Sourcebook and the crime data published annually by the UK Home Office. These two sources both add considerable value to the raw police statistics by their choice of data, their commentary and their technical explanations and definitions. The paper compares data on three crime types (robbery, domestic burglary and theft of a motor vehicle) across the 15 Member States of the European Union (as in 2003). These three types were selected in line with the priorities of the EU Commission and as types of crime that are a major concern for EU-citizens. The paper has been modified from a report produced by the European Crime prevention network for the EU Directorate of Justice and Home Affairs with the permission of the EU. The members of the network are listed in the appendix.     

创建学习型工会的理性思考

构建和谐社会是党在新的历史时期的重大举措。工会组织要借鉴学习型组织的基本理论,把创建学习型工会作为构建社会主义和谐社会的一个重要切入点,创新思想,增强凝聚力,激发内在活力,在协调社会经济矛盾、劳动关系矛盾中,发挥积极和重要的作用。