Reviews

Books reviewed:
Daintith and Page, The Executive in the Constitution: Structure, Autonomy, and Internal Control
Walters and Davis-White, Directors' Disqualification: Law and Practice
Collier and Lowe, The Settlement of International Disputes: Institutions and Procedures
Backhaus, The Elgar Companion to Law and Economics
Bouckaert, and de Geest Encyclopedia of Law and Economics. Vols I–IV
Ewing and Gearty, The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain, 1914–1945
Dine, The Governance of Corporate Groups
Collins, Regulating Contracts
Karpik, French Lawyers A Study in Collective Action, 1274–1994
Aust, Modern Treaty Law and Practice
Douzinas, The End of Human Rights: Critical Legal Thought at the Turn of the Century
Cotterrell, Emile Durkheim: Law in a Moral Domain
Revesz, Sands and Stewarts, (eds) Sands and Stewarts (eds): Environmental Law, the Economy, and Sustainable Development     

习近平国际公平正义观的理论内涵与实践路径

面对当今国际社会多边主义和单边主义、公道和霸道之争,中国国家主席习近平统筹国内国际两个大局,统合国内社会与国际社会公平正义,创新发展马克思主义的公平正义观、中华优秀传统文化的公平正义思想、中国百年外交实践的公平正义观,提出以世界人民为主体的习近平国际公平正义观,积极倡导国际社会推动权利平等、机会平等、国际规则平等,争取全球治理体系更加符合国际形势的变化需要,更加满足应对后疫情时代全球挑战的现实需要,更加顺应和平发展合作共赢的历史趋势,为增进各国政治互信、促进共同发展、引领全球治理、维护世界和平提供了中国智慧和中国方案。     

Time,labour, and the household: measuring “time poverty” through a gender lens

This article applies functional time use (FTU) analysis towards understanding inequalities in developing countries and the relevant relationships among the use of time, gendered divisions of labour, and the household economy. In so doing, it proposes one way of approaching the development concept of “time poverty”. The findings from an empirical study of an indigenous village in the Bolivian Amazon illustrate a heavier overall labour burden of the female population across all age groups. The paper also argues for FTU analysis as an analytic tool for gender-sensitive analysis with a potential to inform the work of development practitioners.     

惩罚性赔偿适用中的实体正义与程序正义

不同于一般损害赔偿旨在实现救济正义,惩罚性赔偿更侧重实现惩罚正义。在实现实体正义方面,惩罚性赔偿的适用需要法官基于权利保障的理念对私人自治理念的运用加以限制,法官在进行司法裁量时,应贯彻惩罚均衡原则,重点运用比例原则的分析方法确定惩罚性赔偿的数额。在实现程序正义方面,基于保障当事人诉讼权利的目的,法官在审理惩罚性赔偿案件时,应当变通适用民事诉讼制度中的处分原则,采用排除合理怀疑的证明标准。同时,在合议庭组成上,应适当限制依据常识作出判断的人民陪审员的数量。     

On-the-ground perspectives of women’s land rights in Uganda

This article explores the significance and application of human rights in a local context, investigating the meaning and operationalisation of human rights on the ground. It focuses on the reality of women’s land rights in rural Uganda, when juxtaposed with international human rights instruments: the Universal Declaration of Human Rights (UDHR) and its implementing covenants, the International Convention on Economic Social Cultural Rights (ICESCR), International Convention on Civil Rights (ICCR), and the Convention on All Forms of Discrimination Against Women (CEDAW).     

2010年驻伊美军军事法庭司法实践考察

2010年，在“伊拉克自由行动10—11”中，美军战区军事法庭的成功实践表明：战区军事法庭能否正常展开取决于军事司法系统的有效性以及军事司法人员的个人能力；当司令部和军事司法人员都对战区军事司法非常重视时，军事法庭系统是完全能够部署的；良好的组织架构促进了战区军事司法实践，明确案件管辖权尤为重要，就地审理战区案件更为快捷。美军战区军事法庭的经验值得我军学习借鉴。     

LGBTQ “selves” in films from the Reel-Lives project as signifiers of political and social change,and of personal value

To accurately reflect the complexities of unusual sexual or gender identifications in non-stereotypical ways, film documentarians are challenged to represent people as both sexual/gender identities and as subjectivities engaged in personal experiences. This imperative is explored through a semiotic lens focused on films produced through the Reel Lives youth media training project, which aims to give voice to marginalised youth, and which presents their stories on the Reel Lives website through two consequent layers of signification that successfully represents LGBTQ people in complex ways. On the one hand, the search function reflects a typology of shared characteristics associated with identity categories that speaks to political change. On the other, the film grammar showcases shared circumstances within communities in ways that redirect focus from political change to a more durable and transformative socio-cultural change. The films in turn serve a third function: to reflect gender and sexual identification as a personal resource on which participants might subjectively call for the positive recognition and re-presentation of their value as individuals.     

Churches,mosques, and condoms: understanding successful HIV and AIDS interventions by faith-based organisations

There are an estimated 33 million people living with the Human Immunodeficiency Virus (HIV) worldwide. While national education campaigns have been successful in providing a broad platform of awareness of HIV and AIDS, within some countries faith-based organisations (FBOs) have assumed an important role in educating and supporting local communities to reduce HIV transmission. This article conceptualises the successful characteristics of a Christian organisation in West Papua and a Muslim organisation in Thailand. The ability of both these FBOs to engage successfully with their communities on issues of sexual practice provides important lessons for other FBOs seeking to reduce HIV transmission.     

Handle with care: engaging with faith-based organisations in development

Religious faith has always had an intense but uneasy relationship with development. Donors are currently seeking greater engagement with faith-based organisations (FBOs). This positive shift needs careful consideration. Faith can be a powerful – but flammable – fuel for change. FBOs are highly diverse and complex. Donors therefore need to handle them with understanding and care. This article outlines both the major concerns about faith in development and also the potential ‘value-added’ of FBOs. It charts growing interest yet residual ambivalence on the part of donors towards faith in development. It presents the practical challenges and suggests ways forward for both donors and FBOs.