Marianne’s liberty in jeopardy? A French analysis on recent counterterrorism legal developments

ABSTRACT

This article analyses two recent French counterterrorist legislations (Law No. 2016–386 – hereafter OCT&F law and the Law No 2017–1510 – hereafter the OCT&Flaw) through the lens of distinct yet complementary theoretical frameworks. Combining the State of Exception thesis of Giorgio Agamben, the Enemy Penology as framed by Günther Jakobs as well as the more recent scholarship contributions on Pre-Crime, the article seeks to contribute to the scholarly debate on the use and the consequences of the use of criminal and administrative law in the fight against terrorism. In view of the numerous terrorist attacks that France has faced in recent years, the article aims to provide deeper knowledge of the French case by drawing substantially from the unfamiliar French scholarship. The article argues that the measures recently adopted seem to deepen the exceptional and pre-emptive logic in which potentially dangerous subjects have to be identified as “the enemy” as soon as possible in order to then be contained and dealt with.     

Active in Not Being Active (AINBA): how East Asian powers accept R2P

This article explores and compares the positions of two major powers in East Asia—China and Japan—towards the ‘Responsibility to Protect’ (R2P) norm. R2P calls for collective international responsibility in the event that states are unwilling or unable to protect their people. Evaluating the mainstream argument in the literature that China and Japan have recently been welcoming the R2P norm, we ask the following questions: To what extent have China and Japan aligned themselves with R2P? How do international and national factors play out to influence their R2P stance? To summarize our findings up front: unlike what much of the current literature says, China and Japan's acceptance and practice of the R2P norm are largely pro forma. We argue that they both appear active in participating in the debates but only in order to remain inactive. In other words, they are active participants in the debates and discussions on R2P, but their aim is not to further its usage but to contain its effects. Their current stance on R2P is characterized by what we will call ‘Active in Not Being Active’ (AINBA). The article discusses the key sources and rationale for their AINBA policy with regard to R2P.     

Getting things straight: The effects of ballot design and electoral structure on voter participation

This paper considers the implications of the straight-party voting option (STVO) on participation in judicial elections. Voters using straight-party options (by definition) do not vote for candidates in nonpartisan elections. Consequently, ballot roll-off in these elections is more likely to occur when people are given the chance to vote the party ticket and complete the voting process quickly. This is the case because nonpartisan judicial elections are considerably less salient than statewide and federal partisan elections. This article separates out the effects of the institutional structure of the election on political participation with the effects of ballot design. We find that in nonpartisan elections, the straight-party option decreases voter participation since voters who utilize the straight-ticket option may erroneously believe that they have voted for these nonpartisan offices, or simply ignore them. However, in nonpartisan elections without straight-ticket voting, participation is increased compared to nonpartisan elections with straight-ticket voting. Additionally, both forms of nonpartisan elections have less participation than partisan elections, all of which have the straight-ticket option. Thus, voter participation is affected not only by the type of election, but the type of voting rules in the election.     

TALIBANIZATION OF THE ISLAMIC STATE AND THE QUEST FOR RETROSPECTIVE LEGITIMACY

This paper develops the notion of ‘Talibanization’ – a concept which stems from the resilience and the determination of the Taliban to remain a dominant player in Afghanistan even after the downfall of their state in 2001. The factors that helped the Taliban to maintain their influence after the disintegration of their state constitute a pattern which could be applied to other conflict-driven areas such as Syria. By critically examining the socio-political conditions in the Syrian district of Jarablus, this paper demonstrates the ways in which the inept post-IS administration is inadvertently helping IS to gain what we call ‘retrospective legitimacy’ a drive which could sustain its influence for many years following its downfall.     

论国家及其财产豁免中商业交易的判断依据

对于国家豁免中的商业交易判断依据,理论上素有"性质"说和"目的"说之争,各国的立法和司法实践一般偏向于性质依据。《联合国国家及其财产豁免公约》采取了以性质依据为主、兼顾目的依据的折衷方案,但公约对目的依据的限制意味着那些原来一直主张性质依据的国家仍然可以只适用性质依据。因此公约并没有从根本上统一各国在商业交易判断依据上的立场。在审查合同或交易的商业性质时,不应该局限于"性质依据"或"目的依据",而应该从行为的全过程着手,全面考虑与案件有关的各种因素。     

国家与社会：马克思主义经典作家之阐释

马克思在批判地继承和发展黑格尔思想的基础上,形成了国家与社会关系的科学理论。继而,恩格斯、列宁等马克思主义经典作家又进一步丰富和发展了这一理论。该理论认为:社会决定国家,国家来自于社会;但国家又异化为社会的异己力量,并反过来控制了社会,从而出现了国家和社会的一体化现象;到了资本主义时期,社会开始摆脱国家的控制并恢复为一个相对独立的领域,从而出现了国家与社会的二元性分化;从最终意义上说,国家终将回归社会,实现与社会的统一。研究和学习国家和社会的关系理论,对于我们今天的改革具有重要的指导意义。     

建立有效的法人治理结构是国企改制的关键

建立现代企业制度是国有企业改革的方向,即对国有大中型企业进行公司化改组.但我国许多改制后的国有大中型企业,其管理水平和经济效益之所以没有像预想的那样得到改造,相反近几年却发生了大幅度滑坡现象,究其原因.     

Guilt and Innocence in the Criminal Justice System: A Comment on R (Mullen) v Secretary of State for the Home Department

The House of Lords upheld the Secretary of State's right to deny compensation under section 133 of the Criminal Justice Act 1988 and the ex gratia scheme to Mullen, whose conviction for conspiracy to cause explosions had been quashed by the Court of Appeal solely by reference to actions by the authorities (securing his illegal deportation to the UK) that constituted an abuse of process, without impugning the fairness of his trial or the accuracy of the verdict The note discusses the different judgments in the House of Lords and the Court of Appeal in terms of their implications for the respective roles of legal and political systems in determining guilt and innocence. In particular, the note explores the nature of the legal principle of the presumption of innocence as it operates in the context of successful appeals.     

发展吉林省产权市场促进国有资本流动

吉林省国有企业面临的问题是产品已经完全市场化了,但是它的各种生产要素还没有市场化。企业经营也仅局限于产品经营这一层次,难以通过资本运营使国有资本向管理和效益好的企业流动。发展吉林长春产权交易中心的思路是:首先,应当积极吸引国内外有实力的企业参与吉林省国有企业的改制重组。其次,以股权托管为切入口,培育规范有序的产权市场。第三,东北现有的产权交易机构应加强联系与合作,共建东北产权交易中心。防止国有资产流失,其关键在于对国有资产的定价。积极探索国有资产交易产权价格形成的新机制,尽量消除非价格因素影响,避免资产以特殊的优惠性低价让渡出去,而职工的就业问题留给了政府。     

行政应急管理体制的内涵辨析

行政应急管理体制的科学内涵的基本构造应由应急性行政机关、应急性行政权力和应急性运行机制所组成。在与战争、动员和戒严等紧急状态体制以及政府常态管理体制的比较中,它体现出这样一些特点:(1)行政机关为主导;(2)旨在应对突发公共事件;(3)应急性行政权力的强度将增强;(4)应急性行政权力所需要遵循的程序则简化;(5)公民权利将适度克减;(6)存续时间具有暂时性。