《中美限制进口中国文物谅解备忘录》及其对中国的影响

制止文物被盗和非法贩运需要国际社会的通力合作。根据1970年联合国教科文组织《关于禁止和防止非法进出口文化财产和非法转让其所有权公约》,中美两国于2009年1月14日签署了《中美限制进口中国文物谅解备忘录》,美国政府将对列入"指定清单"的中国文物实施进口限制。该备忘录的签署和实施对中国的文化遗产保护产生了巨大的影响。它不仅在很大程度上促进了中国相关法律法规的完善,推进了中国文物管理体制的改革,而且推动中国加大打击文物犯罪力度,并加快国际合作的进程。     

观往知来：美国第四修正案非法证据排除规则的新发展对中国的启示

美国联邦宪法第四修正案的证据排除规则是一项饱受争议的排除规则,曾经历过从严格适用到不断受限的发展过程,赫灵案的判决进一步削弱了该规则的基础。在未来,对该规则进行限制在相当长的时期内仍是一种主流趋势,其例外规则的适用范围将进一步得到扩张,而该规则本身的适用范围也将被进一步缩小。中国目前初步建立起了非法证据排除规则．在具体...     

Bewitched—The Tea Party Movement: Ideas,Interests and Institutions

This article considers the development of the Tea Party movement, the character of its thinking and the nature of the interests and constituencies to which it is tied. The article suggests that despite the importance of ideas and interests, and the process of interaction between them, the movement has also been shaped and energised by institutional arrangements. In particular, it argues that there are significant numbers of independent or ‘detached’ conservatives and that the institutional architecture draws them towards political engagement but at the same time imposes constraints. The political friction that this creates has contributed to the anger that has characterised the movement. While the Tea Party movement may, as such, have only an ephemeral existence, independent conservatives are likely to remain a significant and potent constituency and will, within the institutional structures that define the American political process, give rise to other movements and protests.     

Explaining the unpopularity of public funding for congressional elections

This article uses data from the 2008 Cooperative Congressional Election Study to explain weak support for public financing of congressional campaigns. Previous studies lack theory to explain variation in support and use a flawed measure of the dependent variable. We argue that low support reflects a failure resulting from a collective action dilemma. Citizens desire a campaign finance system that weans politicians from private donors, but are unwilling to pay a small amount in taxes to support public financing. In contrast to conventional wisdom, we show that support for public financing is highest among those perceived to benefit the most from the current system. Our results suggest that most Americans would rather not pay for politics, and that reform proposals must avoid incurring transparent costs on individual citizens to pay for reform.     

Individual and contextual variation in EU issue voting: The role of political information

Increasing politicization in EU member states about European issues can be expected to strengthen the impact of attitudes towards Europe on vote choice in European Parliament (EP) elections. At the same time this impact is likely to vary between voters and contexts as a function of political information. This study explores the role of political information in explaining individual and contextual heterogeneity in the degree of EU issue voting. Using a two-step hierarchical estimation procedure to explore both individual and contextual variation, we show that while EU issue voting in the 2009 EP elections is only slightly more pronounced among the politically sophisticated, it is clearly more extensive in contexts that provide higher levels of political information on European matters.     

Ballots,Bargains, and Bombs: Terrorist Targeting of Spoiler Opportunities

Benjamin Netanyahu's come-from-behind victory over Shimon Peres in the Israeli national elections of May 1996, following an apparent intensification of Palestinian terrorism over the course of that spring, reminded observers of the political ramifications of terrorism. Since May 1996 was also the month in which Israel reentered Final Status negotiations with a Palestinian delegation in Taba, Egypt, the timing of this surge in violence encourages us to ask if terrorists regularly conceive of elections and rounds of negotiations as “spoiler opportunities,” or opportune times to undermine peaceful political processes. We address this question in the context of Israel's long‐running experience with elections, negotiations, and terrorism. We hypothesize that attacks resulting in fatalities are likely to increase in periods immediately surrounding Israeli general elections and key rounds of negotiations affecting the fate of the Palestinian population. Negative binomial event count analyses of the period 1970–2007 suggest that violent opponents indeed viewed the periods preceding negotiations and the ends of electoral cycles as “spoiler opportunities.”     

The introduction of data breach notification legislation in Australia: A comparative view

This article argues that Australia's recently-passed data breach notification legislation, the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and its coming into force in 2018, makes an internationally important, yet imperfect, contribution to data breach notification law. Against the backdrop of data breach legislation in the United States and European Union, a comparative analysis is undertaken between these jurisdictions and the Australian scheme to elucidate this argument. Firstly, some context to data breach notification provisions is offered, which are designed to address some of the problems data breaches cause for data privacy and information security. There have been various prominent data breaches affecting Australians over the last few years, which have led to discussion of what can be done to deal with their negative effects. The international context of data breach notification legislation will be discussed, with a focus on the United States and European Union jurisdictions, which have already adopted similar laws. The background to the adoption of the Australia legislation will be examined, including the general context of data privacy and security protection in Australia. The reform itself will be then be considered, along with the extent to which this law is fit for purpose and some outstanding concerns about its application. While data breach notification requirements are likely to be a positive step for data security, further reform is probably necessary to ensure strong cybersecurity. However, such reform should be cognisant of the international trends towards the adoption of data security measures including data breach notification, but lack of alignment in standards, which may be burdensome for entities operating in the transnational data economy.     

Democracy Promotion versus Engagement with Iran

US President Barack Obama has tried two very distinct policy options in dealing with Iran. The engagement policy was designed to make a break with the past experience and re-start US-Iran relations on a positive footing. This approach was consistent with the advice offered to the new administration by Iran analysts and leaders of non-governmental organisations. The implication of the engagement policy, however, was sidelining the US commitment to democracy and human rights in Iran. This policy could offer little to the budding reform movement in 2009. The alternative policy of containment was not beneficial to the reform movement either. The policy shift at the end of 2009 was a response to Iran's failure to comply with the requirements of the International Atomic Energy Agency. The containment policy, manifested in the fourth round of UN-imposed sanctions on Iran, has led to a further entrenching of the hard-liners in the regime and intolerance of internal dissent.     

Nothing personal: explaining the rise and decline of political machines in Ukraine

This article is the first to explore and compare the dynamics of party-building between the three main political forces that competed for power during the last decade in Ukraine – Viktor Yushchenko's Nasha Ukrayina (Our Ukraine), Yulia Tymoshenko's Batkivshchyna (Fatherland), and Viktor Yanukovych's Partiya Rehioniv (Party of Regions). We show that their political trajectories can be explained by differences in their organizational structure and distribution of resources within the party's leadership. When a party depends on resources linked primarily to one individual, it will develop a personalized decision-making structure advantaging its leader, and the party's fortunes will be tied to the popularity (or lack of same) of the leader. By contrast, when a party relies equally on resources from several groups, a more consociational style of decision-making is likely to emerge. Using Ukraine as a case study, the article shows that personality-led parties will be more vulnerable to defections and less capable of absorbing potential competitors. On the other hand, coalition-led parties are better capable of surviving defeats, maintaining internal cohesion, and merging with like-minded parties.