Responsibility to Protect: Russia’s Approaches

Abstract

Russia’s predominantly suspicious and even negative attitudes toward R2P are closely related to its traditional attachment to the notion of sovereignty, but its reluctance to ‘bless’ the use of force with R2P also serves as a pretext to cover various instrumental goals. Russia’s more assertive foreign policy has exacerbated this trend. Disagreements stem from differences between Russia and the West both in their conceptual approaches to security and in their assessments of specific cases. In particular, Russia has an existential concern over possible application of R2P by extra-regional actors in its immediate post-Soviet vicinity. However, in the conflicts around South Ossetia (2008) and Crimea / Southeastern Ukraine (2014-), there was a noticeable trend to refocus R2P-related arguments in support of Russia’s own actions. By and large, R2P continues to be perceived as a Western attempt to establish certain rules of behaviour which require caution and prudence. Nevertheless, more positive attitudes do not seem impossible. To play a prominent role in the evolving international system, Russia will have to make the R2P segment of its foreign policy more salient and overcome the lag in promoting this concept as a working tool indispensable for cooperative and responsible leadership.     

Legal responses to child sexual abuse cases in the Children’s Court of Victoria: study findings on a case-management approach

Child sexual abuse cases present Children’s Courts with distinctive challenges. The highly conflictual nature of child sexual abuse cases means they do not lend themselves to the usual adversarial court processes that characterise the conduct of Magistrate Court matters in Australia. With this in mind, the Children’s Court in Victoria established for 12 months in 2013 a pilot specialised judicial list (known as the ‘D’ List) which offered an intensive Magistrate-led case management approach to child sexual abuse cases in the Family (child protection) Division of the Court. The operation of the List was evaluated to assess the suitability and effectiveness of this approach, and to investigate the challenges associated with managing and deciding this class of cases. The findings confirmed that the List provided better management of cases and reduced delay. Given this, the Court is continuing the judicially proactive intensive case management approach and dedicated list for child sexual abuse matters and extending it to regional courts; believing it to be a more effective approach to managing and deciding this complex class of cases.     

Subjects with agency? Children’s participation in family law proceedings

Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making.     

How do parents experience relocation disputes in the family courts?

Relocation cases are known to be amongst the most difficult decisions for family court judges. This article reports the findings of an empirical study of parents who were involved in relocation disputes, reporting their views on the experience of being involved in one of these difficult cases. We consider the origins of the disputes and parents’ perceptions of how their cases were resolved, as well as some initial discussion of the aftermath of the cases as seen in the first few months.     

宋慈《洗冤集录》产生的历史文化条件——纪念宋慈诞辰830周年

本文从历史、文化、地理、法律、个人等角度出发讨论宋慈及《洗冤集录》产生的条件。我国法医检验早期发展是宋慈及《洗冤集录》产生的历史条件,朱熹理学影响是宋慈及《洗冤集录》产生的文化条件,南宋建阳政治文化发展是宋慈及《洗冤集录》产生的地理条件,完善的南宋检验制度是宋慈及《洗冤集录》产生的法律条件,宋慈在《洗冤集录》中把个别的具体事例进行全体性、系统性综合是个人努力和总结的结果。因此,南宋时期出现宋慈及其《洗冤集录》是中华文化的一部分,是历史必然和文化传承至一定阶段的产物,更是中华文化结晶和法医文化遗产。     

The institutionalisation of the Brazilian Chamber of Deputies

ABSTRACT

This article analyses the institutional development of the Brazilian Chamber of Deputies (BCD) from 1826 to the present. Legislature careers, the internal organisation of the BCD, the current system for filling positions within the committees and electoral rules are the objects of this study. The process of development of the BCD should be understood in light of the dynamics of the Brazilian political system, which has undergone significant ruptures of regime, and also in light of the nearly permanent fragility of the democracy, especially of its representative components. It is an institution with legislature career patterns that vary through time, but always point towards opportunities out of the BCD, a stable, hierarchical and complex mode of organisation that currently values parties as distributors of opportunities. It is, above all, an institution that is subject to external influences from other parts of the political system, which diminish its autonomy and self-determination, as shown by the example of the rule for the adjudication of terms. With its 190 years, the BCD has evolved along with Brazilian democracy and today, although boasting a great structure and large resources, it still needs to establish itself as a decisive and permanent actor in driving public policies and communication (parties and government projects) with voters.     

Preparing children for cross-examination: do the practice questions matter?

Research has shown that a brief intervention involving practice and feedback can help children maintain accuracy when challenged with cross-examination-style questions. To date, however, researchers have prepared children using the same cross-examination challenges that they would encounter during the subsequent cross-examination interview. It is unknown whether the intervention will still be effective when children later face novel cross-examination-style questions. Six- to 11-year-old children (n?=?132) took part in a staged memory event, and were then interviewed with analogues of direct-examination (1–2 days later) and cross-examination (6–8 weeks later). One week prior to the cross-examination interview, some children participated in a preparation session, where they were given practice answering cross-examination-style questions about an unrelated topic, and feedback on their responses. For half of these children, the cross-examination-style challenges they encountered during the preparation session were the same as the challenges they subsequently faced during cross-examination; for the others, there was no overlap. Relative to a control group that did not receive the intervention, the preparation session resulted in better performance during cross-examination, regardless of the degree of overlap. These findings are encouraging given that we can never predict the questions that cross-examining lawyers will ask children.     

Making mothers: parenting classes in a women’s jail

In the wake of the War on Drugs, more mothers are incarcerated in US prisons and jails than ever before. Parenting classes have become ubiquitous in penal facilities that incarcerate women, but research about mothers’ experience in parenting class is limited to measures of efficacy about things like parenting attitudes and mental-health indicators. This study supplements existing research by adding an ethnographic lens to women’s experiences with parenting classes during incarceration. Drawing on 18 months of participant observation in the women’s unit of a county jail and 83 interviews with incarcerated mothers, I analyze incarcerated mothers’ experiences with parenting classes. Staff and inmates used parenting classes to create ways for women to do mothering during incarceration. Mothering in your head, longing to mother, and guilt as mothering enabled incarcerated mothers to maintain their identities as mothers despite their separation from their children. However, these practices could also be poor substitutes for spending time with children and did not necessarily reflect the reality of women’s lives outside of jail. These ways of doing mothering from afar were also a form of social control for the penal institution, as these mothering behaviors were consistent with being a good inmate.     

延安时期中国共产党发展对内对外关系的经验与启示

延安时期,中国共产党在毛泽东的领导下,在处理各种复杂的关系中表现出高超的政治智慧和斗争艺术,使党与人民之间保持了鱼水交融的关系,党与国民党、党与世界反法西斯阵营各个国家之间的关系基本上呈现出良性互动态势;延安经验表明,人民的拥护与支持,是我党发展与国民党和其他国家关系的基础,而妥善处理与国民党和其他国家之间的关系,又能促进根据地的民主建设。我党在上述方面积累的成功经验,对今天解决内政外交问题具有借鉴和参考价值。     

延安时期青年妇女运动的基本经验

延安时期青年妇女运动的历史证明：共产党的正确领导是妇女运动取得成功的根本保证;实事求是、从实际出发是妇女运动取得成功的思想路线;艰苦奋斗、扎实工作是妇女运动取得成功的优良作风。这些经验对新时期青年妇女工作具有重要启示和借鉴意义。