Hacia una aproximación crítica entre el derecho constitucional y el derecho internacional

The state has traditionally been studied from an internal prism, a study which has been carried out by political or Constitutional law; or it has been studied from an external focus, in its relations with other states and supranational organizations; matter that was awarded to International Law. These categories are obsolete. New times coming from the effects of globalization force us to bring epistemological and axiological approaches from both disciplines. This is the reason, purpose and need for this paper, which is formulated from positions close to the criticism. The happiness of human being is the aim of policy and law, both state and international. So, it is necessary adopting different social tools to interpret critically the juridical reality.     

“The ladder of the law has no top and no bottom”: How therapeutic jurisprudence can give life to international human rights

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy.     

Between a rock and a hard place – An international law perspective of the difficult position of globally active Internet intermediaries

With its ability to create a global legal risk exposure, combined with contradicting rights and duties, and limited enforcement possibilities, the Internet has created a unique environment where persons and corporations legitimately can question whether they should comply with all the laws that apply to them. Focussing on the role of globally active Internet intermediaries, this article attempts to tackle this issue by discussing the potential for, and potential features of, an international law doctrine of selective legal compliance.     

对行政指导行为不属于行政诉讼受案范围之质疑

行政指导行为在现代行政中广泛存在,在取得较好行政效果的同时,也存在大量的行政指导不当或错误从而造成行政相对人损害的情况,但理论与立法却将其排除在行政诉讼受案范围之外,从而使行政相对人在受到损害时得不到司法救济,明显违反公平、公正的法律原则和精神。本文从行政指导行为的属性及在实施过程中对行政相对人可能造成损害等三方面探讨了其被纳入到行政诉讼受案范围的理论依据、事实依据及归责依据。并从诉讼法的角度作了进一步的阐述,以期提供有益参考。     

从“非正式帝国主义”到“法律帝国主义”:以近代中国的境遇为例

近代国际法理论框架下的"非正式帝国主义",由最初的"自由贸易"模式扩展至政治、司法等诸般间接控制样式。在"非正式帝国"的塑造中,合乎国际法规范的条约具备去疆界化与再疆界化的意义,即破除正式领土帝国的堡垒,重建非正式帝国的藩篱。法律无疑是实现"非正式帝国主义"不可或缺的重要支撑,而它本身也成就为"非正式帝国主义"的一种典型形式——"法律帝国主义"。以近代中国的境遇为例,法律帝国主义所表达的,正是在政策指引之下,借助条约规定方式,以治外法权为基本实践手段,通过司法机构的跨域构建以及法律职业人士的身体力行,以最终达成西方法播散的整体过程。对此,我们应有清醒的认识。     

Evaluation of canine training aids containment for homemade explosive and components by headspace analysis and canine testing

While canines are most commonly trained to detect traditional explosives, such as nitroaromatics and smokeless powders, homemade explosives (HMEs), such as fuel–oxidizer mixtures, are arguably a greater threat. As such, it is imperative that canines are sufficiently trained in the detection of such HMEs. The training aid delivery device (TADD) is a primary containment device that has been used to house HMEs and HME components for canine detection training purposes. This research assesses the odor release from HME components, ammonium nitrate (AN), urea nitrate (UN), and potassium chlorate (PC), housed in TADDs. Canine odor recognition tests (ORTs) were used with analytical data to determine the detectability of TADDs containing AN, UN, or PC. Headspace analysis by gas chromatography/mass spectrometry (GC/MS) with solid-phase microextraction (SPME) or online cryotrapping were used to measure ammonia or chlorine, as well as other unwanted odorants, emanating from bulk AN, UN, and PC in TADDs over 28 weeks. The analytical data showed variation in the amount of ammonia and chlorine over time, with ammonia from AN and UN decreasing slowly over time and the abundance of chlorine from PC TADDs dependent on the frequency of exposure to ambient air. Even with these variations in odor abundance, canines previously trained to detect bulk explosive HME components were able to detect all three targets in glass and plastic TADDs for at least 18 months after loading. Detection proficiency ranged from 64% to 100% and was not found to be dependent on either age of material.     

Asia's rise and the politics of Australian aid policy

Abstract The economic rise of developing Asia has given impetus to debates over the geographic orientation, strategy, organisation, and collaborative relationships of the Australian aid programme. This paper examines these debates, Australian government responses, and the politics underlying these responses. It points to, among things, the different ways in which the Labor Party and the Liberal–National Coalition have dealt with these issues, reflecting their different constituencies and foreign policy philosophies. The paper also assesses the future trajectory of Australian aid policy, in particular, the extent to which it is embracing the Chinese model of aid.     

Japan's foreign aid: old and new contests

Abstract

Domestic and international contests explain the transformation of Japan's foreign aid programme begun in the early 1950s. Through contests between domestic players, Japan has streamlined its aid processes by introducing institutional innovations, accommodating new actors in aid policy and delivery, and responding more sensitively to public opinion and independent advice. At the international level, contests have come from the Development Assistance Committee/Organization of Economic Cooperation and Development (DAC/OECD), the USA, and China. Through these contests, Japan has emerged as a more rounded aid donor. Its new aid model blends Western principles with concepts of ‘self-help’, favouring large infrastructure projects that serve both Japan's and recipient countries’ interests.     

Journeys to the limits of first-hand knowledge: politicians’ on-site visits in zones of conflict and intervention

ABSTRACT

This article explores the practice and political significance of politicians’ journeys to conflict zones. It focuses on the German example, looking at field trips to theatres of international intervention as a way of first-hand knowledge in policymaking. Paying tribute to Lisa Smirl and her work on humanitarian spaces, objects and imaginaries and on liminality in aid worker biographies, two connected arguments are developed. First, through the exploration of the routinized practices of politicians’ field trips the article shows how these journeys not only remain confined to the ‘auxiliary space’ of aid/intervention, but that it is furthermore a staged reality of this auxiliary space that most politicians experience on their journeys. The question is then asked, second, what politicians actually experience on their journeys and how their experiences relate to their policy knowledge about conflict and intervention. It is shown that political field trips enable sensory/affectual, liminoid and liminal experiences, which have functions such as authority accumulation, agenda setting, community building, and civilizing domestic politics, while at the same time reinforcing, in most cases, pre-existing conflict and intervention imaginaries.     

Security development and the Palestinian Authority: an examination of the ‘Canadian factor’

The Palestinian Authority has become a major recipient of development assistance with a primary area of focus on the development of security capacities. As a case study in the securitisation of aid, this article demonstrates how Canadian development aid has been almost exclusively aimed towards areas of security enhancements. Detailing what Canadian security development actors call ‘the Canadian factor’, the article argues that the securitisation of aid is a mobilisation of security expertise to advance the strategic interests of major donors. In detailing the donors as beneficiaries of aid, the article describes how the ‘success story’ of development aid in Palestine is a reflection of how security aid functions to advance the interests of donors as opposed to populations under the recipient authorities.