National Policy‐Making in Indigenous Affairs: Blueprint for an Indigenous Review Council

This article examines the dearth of any representative Indigenous role in national Indigenous affairs policy‐making and suggests a remedy. After making the case for a specific Indigenous place in national policy‐making, the article considers the reasons for the failure of the Aboriginal and Torres Strait Islander Commission (ATSIC), the body that filled this brief for a decade and a half. The article then considers three possible ways of ensuring an Indigenous role in the policy‐making process: a replacement for ATSIC with specific policy powers; set seats for Indigenous representatives in federal parliament; and the creation of a new elected body whose role would be to review Indigenous affairs legislation. The article concludes that the latter proposal in particular is worth trialling as it would ensure a significant Indigenous voice in national policy‐making while learning from the mistakes that led to ATSIC's demise.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

THE RACE/ETHNICITY DISPARITY IN MISDEMEANOR MARIJUANA ARRESTS IN NEW YORK CITY

RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance.     

Community‐based environmental management in Vietnam: the challenge of sharing power in a politically guided society

The article presents the challenges of introducing a ‘shared‐power’ community‐based management approach in the socialist society of Vietnam. The Portland State University (PSU)'s Oregon Environmental Management Alliance partnered with Vietnamese organisations in a shared‐power pilot project aimed at strengthening stakeholder participation in environmental improvements in two communities along the Tan Hoa‐Lo Gom (THLG) canal in Ho Chi Minh City (HCMC). The Oregon Solutions model, a community‐based environmental management (CBEM) approach, was adapted for the shared‐power project. This article analyses three core ingredients of the shared‐power CBEM approach: multiple stakeholder structure, dispersed authority arrangements and diverse policy instruments. Critical reflections are offered on the meaning and appropriateness of these shared‐power ingredients when they are reinvented in Vietnam's politically guided governance system. Copyright © 2007 John Wiley & Sons, Ltd.     

东亚海上安全合作中的国际法问题——兼论国家实践中紧追要件的变化

导致海上执法领域沿海国和他国之间的管辖权发生冲突的原因复杂多样,其结果都导致周边国家间的关系对立、影响地区安全、削弱国际海洋法律秩序的统一性和权威性。构建东亚地区海上安全合作机制应在各国普遍接受的国际法框架内进行。为此目的,相关国家需摈弃一味追求本国利益而对国际公约做任意扩大解释,以避免加剧国际法的分裂。     

Soldiering on: The Reagan Administration and Redemocratisation in Chile, 1983–1986

This article examines the circumstances in which the Reagan administration began to rethink its support of the Pinochet dictatorship in Chile and shift toward advocating a return to democratic civilian rule. It argues this shift was closely related to calculations that US interests might best be served by severing ties with the incumbent regime, but only so long as two vital interrelated issues were resolved to Washington's satisfaction: the nature of the movement likely to inherit political power, and the survival of key institutions of the autocratic Chilean state. To the extent that the incoming government did not portend a challenge to existing constitutional and economic arrangements, and to the extent that the ‘old’ military – the perceived ultimate guarantor against any kind of radical transformation – was in a position to survive the transition with its power and prerogatives intact, a ‘regime change’ could be supported, and even actively promoted. These twin concerns shaped and influenced a US commitment to democracy in Chile that was more contingent than principled, reflected in the constraints US policymakers imposed upon themselves in regard to the types of pressures they were prepared to apply to achieve their preferred outcome.     

Outsourcing in China: an exploratory assessment

The increasing demands for public services, growing resource externalisation and decentralisation have driven Chinese governments to seek alternative means of service delivery. This article addresses the largely ignored outsourcing practice in China. Lack of awareness of and research on the widespread outsourcing was a result of the conceptual barriers created by China's economic transition and its choice of incremental reform path. By decomposing national fiscal expenditures, the article finds that from 2002 to 2004, outsourcing accounted for about one‐third of the total governmental services expenditures and demonstrated a trend of continuous growth. Such developments effectively transformed the basic landscape of public service delivery and created significant external dependence. Within just three decades, China has quickly shifted from an omnipotent state to an ‘incomplete’ state. The capacity of the administrative hierarchy has become severely constrained. Nonetheless, the political risks of the macro‐level transformation are largely mitigated at the micro‐level by mechanisms of public–private cooperation. These developments are embedded in informal arrangements that, remarkably, maintain the survival of the current power structure. Copyright © 2008 John Wiley & Sons, Ltd.     

论邓小平党际关系思想的形成与发展、逻辑及价值

邓小平党际关系思想萌芽于其担任党的总书记时期 ,形成和发展于十一届三中全会之后。邓小平党际关系思想是总结国际共运史和中国共产党处理党际关系经验及教训的重大成果 ,是对马克思主义党际关系理论的新发展 ,是中国共产党对外交往合作的光辉指南。     

CRIMINAL PROPENSITY,DEVIANT SEXUAL INTERESTS AND CRIMINAL ACTIVITY OF SEXUAL AGGRESSORS AGAINST WOMEN: A COMPARISON OF EXPLANATORY MODELS*

Three hypotheses have been used to describe the male propensity for sexual aggression towards women: a general propensity to offend, a specific propensity to sexually offend and a combination of both. In this paper, using structural equation modeling, we compared the relative utility of these three hypotheses in explaining criminal activity in adulthood of sexual aggressors of women. In total, 209 adult males who were convicted of at least one sexual offence were included in the study. Results indicate that a propensity model emphasizing the role of an early and persistent general propensity to act in an antisocial manner during childhood and adolescence is most adequate to explain sexual aggressors' criminal activity. After controlling for the role of this propensity, a specific propensity characterized by high sexualization and deviant sexual interests explained only a modest proportion of variance of the sexual criminal activity.