论CEPA的性质、效力及其争议解决模式

自由贸易区是一种仅在区内成员之间实行自由贸易 ,而对成员与非成员之间的贸易无任何约束的松散型的区域经济组织。在“一国两制”框架内制定的CEPA ,其性质为一个主权国家内统辖不同单独关税领土的政府之间达成的自由贸易协议 ,但仍然具有国际法上的效力。由于中国内地与港澳特区同为WTO成员 ,CEPA的制定与实施因而应受到WTO规则的制约。有关CEPA的实施和解释的争议应在联合指导委员会的框架内通过双边协商机制解决的模式选择是从中国国情出发并且在权衡各种争议解决机制利弊的基础上作出的 ,如果另设其他机制 ,则与中国的最大利益相悖。     

Toxicological Analysis of Opiates from Alternative Matrices Collected from an Exhumed Body

In this case study, the body of a 45‐year‐old man was exhumed after 1 year at the request of the public prosecutor to assess whether the death was caused by drug consumption. Toxicological analyses were performed on several matrices, including liver, kidney, and the alternative matrices hair and teeth. The systematic toxicological analysis (STA), which consisted of basic and acid liquid/liquid extraction and gas chromatography–mass spectrometry (GC‐MS) analysis, showed the presence of opiates in each of the matrices analyzed. Subsequently, to confirm and quantify the presence of opioids, samples of each of the matrices were subjected to solid‐phase extraction and specific GC‐MS analysis. The case presented demonstrates the possibility of drug detection in an exhumed body that has been buried for 1 year, despite the problems of quantitative interpretation of the data, and that toxicological results could be useful along with other forensic evidence.     

Property and the cloud

Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large data warehouses, where the hardware architectures and software programs running the cloud services coexist with the data of many users. This context calls for a twofold protection: on one side, the cloud is made up of hardware and software that constitute the business assets of the service provider (property of the cloud); on the other side, there is a definite need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles.     

组织间不信任与替代性武装力量：拉美国家废除军队的政治逻辑

军队是国家权力的关键指标，也是绝大多数主权国家不可或缺的有机构成，在国内政治与国际关系领域都发挥着重要作用。然而，世界上仍存在少数主动废除军队的国家。引人关注的是，这类案例大多集中在拉美地区。对于这些拉美国家为何废除军队，既有研究主要从小国视角和军政关系视角出发，认为国家规模与国家安全之关联性和去军事化改革是基本逻辑依据。然而对拉美具体案例而言，这些理论范式的解释性仍存在一定欠缺。考察哥斯达黎加和海地案例可知，组织间不信任与替代性武装力量强弱是拉美特定国家废除军队的基本政治逻辑；获得可信的武装力量支持是新政权得以巩固的必要条件。当新政府与既有军队之间出现组织间不信任时，新政府便倾向于谋求用其他武装力量来替代既有军队。同时，替代性武装力量的强弱影响着政府的替代决策。若不存在可信的替代性武装力量，或只存在弱替代性武装力量，那么废除军队并建立或扶植一些原先较弱的武装组织便成为拉美国家政府强化武装力量控制的常见选择。     

Engaging Conflict History and Memory Across the Taiwan Strait: A Longitudinal Analysis of the Conflict Timelines from Interactive Conflict Resolution (ICR) Dialogues

An analysis of twenty pairs of Taiwanese and mainland Chinese timelines of cross-Strait relations demonstrates a highly dynamic way in which the two societies' conflict memories have evolved over two decades. These timelines were developed in the context of twenty weeklong Interactive Conflict Resolution (ICR) dialogues that the author facilitated. A cohort of civil society delegates from both sides of the Strait, each with five persons, participated in each of the dialogues and produced the timelines. A longitudinal content analysis of the timelines reveals that the participants' experiences of cross-Strait relations have continuously altered their mental frames of the conflict. It also reveals distinct patterns of their recollections. These findings challenge the prevailing practices of conflict mapping and analysis that uncritically presume a static nature of conflict parties' goals. Broader implications of the study include the usefulness of action research and applied practice for methodological innovations and theory building.     

Hybrid processes within parenting plan assessments: Rationale and an illustrative model

Parenting plan Assessments, also known as child custody evaluations, are forensic psychological investigations into the needs of children, the parenting capacities of their caregivers, and the resulting fit between the children's needs and caregiver capacities. Typically, they result in recommendations that are, in the opinion of the assessor, formulated to meet the best interests of children regarding a parenting plan, child sharing, parental responsibilities and ancillary services that are likely to support the children's optimal functioning as well as the functioning of the now reconfigured family. Such assessments are part of a pathway to untangling conflicts between the parents regarding the most appropriate parenting plan for the reconfigured family. Paradoxically, the assessment process can exacerbate the conflict, entrench parental polarization, and create lingering feelings of helplessness, frustration, and disempowerment in the parents. This article provides a rationale for the use of a hybrid process that incorporates alternative dispute resolution as an integrated part of the parenting plan assessment and provides an illustrative model of such a hybrid process.     

Training parenting plan evaluators: Looking towards the future

Standards of practice for parenting plan evaluations continue to evolve, informed by advances in research and the development of innovative, evidence-based approaches to assessment and intervention. Parenting plan evaluators are asked to inform the court, parents, and other professionals on how to address the complex needs of increasingly diverse families amid reorganization, high conflict, and crisis. How can we attract and properly train new mental health professionals to do important work in an increasingly strained adversarial system? How can evaluators keep up with these advances over the course of their careers? How can they deepen and refine their skills to work with a diverse array of individuals, family constellations and an enormous range of family circumstances? And how can evaluators care for their own well-being and their colleagues? In this article, the authors describe a multi-dimensional approach to training both new and experienced custody evaluators that includes imparting baseline knowledge on how to conduct quality parenting plan evaluations as a starting point. We discuss a variety of modalities and approaches that can enable evaluators to deepen and expand their skills over the years, contribute to the diverse community of family law professionals, and manage the exceptional demands of working in this field.     

It's just so difficult to get anything done: Teen mental health in the family court setting

Navigating the family court setting to protect teen mental health, meet teens' mental health needs, and promote resilience and coping skills is challenging. We have tools that can help us meet that challenge. That toolkit includes: expanding who is involved in the work to develop a parenting plan or treatment plan; not reducing the case to a one-dimensional fact pattern; restructuring family court proceedings for ongoing problem-solving, providing protections for the teen's privacy; using consensual dispute resolution and adjudication on parallel tracks; and educating the decision makers through expert declarations and Brandeis briefs (even at the trial court level).