Shifting rights,property and authority in the forest frontier: ‘stakes’ for local land users and citizens

Customary land and forests are more embedded in the global economy than ever. With globally significant supplies of land and raw materials and favorable terms for foreign investors, developing countries – particularly in Africa – have become increasingly attractive trade partners and destinations for investors. Increasing competition over land is placing new pressures on vast tracts of forest and woodland, areas often considered ‘under-utilized’ by national governments despite their critical role in supporting local livelihoods. While increased demand for primary agricultural, forest and mining commodities in the context of forest tenure reforms and decentralized decision-making could create unprecedented economic opportunities for forest-dependent communities, increased ‘stakes’ over forest resources and land will undoubtedly heighten governance challenges. This is in no small part due to the political dynamics of property, and to the role of the ‘recursive constitution of property rights and authority’ in the evolution of the modern nation-state. By identifying the social ‘stakes’ associated with different pathways through which sectoral and extra-sectoral commodities shape forests, this paper provides a conceptual framework for analyzing how shifting contours of rights, property and authority in the context of forest-related trade and investment shape human well-being for affected communities and the wider citizenry of host countries. It then illustrates the use of the framework through its application to two brief case studies from southern Africa: tobacco production in Malawi and copper mining in Zambia. It is hoped that this framework will provide a meaningful contribution to growing scholarship on the political dynamics of property, and implications for rights-based approaches to agricultural investment and large-scale land acquisitions.     

Driver and front seat passenger fatalities associated with air bag deployment. Part 2: A review of injury patterns and investigative issues

Assessment of the role of air bag deployment in injury causation in a crash of any severity requires analysis of occupant, vehicle, and impact data. The potential injurious role of an air bag is independent of crash severity and is more obvious in minor collisions, particularly those involving "out-of-position" occupants. Factors such as occupant height and other constitutional and medical factors, intoxication, age, type, and proper use of other restraint systems, pre-impact braking and multiple impacts can contribute to an occupant being "out-of-position." Two injury mechanisms are described in out-of-position occupants: "punch-out" when the individual covers the air bag module before deployment and "membrane-force" when the occupant contacts a partly deployed air bag. Each mechanism is associated with injury patterns. In adults, "punch-out" can cause thoraco-abdominal trauma and "membrane-force" loading can lead to craniocervical injury. This can also occur in short-statured occupants including children subjected to both types of loading. In more severe collisions, other factors, e.g., intrusion, steering column and seatbelt loading and other occupant compartment contacts, can contribute to trauma.     

‘Good neighbours or distant relatives?’ Regional identity and cooperation in the South Caucasus

Conceptualization of the South Caucasus as a distinct regional unit is a relatively new development. Notwithstanding geographic proximity, the three states of the region face different political, economic and security realities, precipitating different strategic orientations. Conflicting dynamics complicate relations between states and serve to undermine efforts, both internal and external, to establish a sense of regional identity and advance inter-state cooperation. This paper argues that the concept of a distinct ‘South Caucasus’ region is an externally generated, geographical label, which implies a certain degree of unity and positive interdependence that does not exist. The three states may be geographical neighbours, but they are not ‘good neighbours’, as the complex web of enmities that has developed over the centuries means the three states tend to look externally to ‘distant relatives’, undermining both regional cohesion and awareness.     

当代侵权法比较研究

侵权法在两大法系中所采路径截然不同、风格各异,这一特点与具体规则模式和一般原则模式之间的现代法律理论的区别是相伴而生的。比较侵权法的焦点主要不是实体问题,而是侵权法的基本结构和模式问题。在侵权法的诸多具体制度上,两大法系远比普遍认为的那样更为相近,二者之间并没有不可逾越的障碍和差别。     

Visibly Invisible: EU Engagement in Conflict Resolution in the South Caucasus

Abstract

This essay examines growing European Union (EU) involvement in the South Caucasus, focusing on efforts to resolve the protracted conflicts in the regions of Abkhazia, South Ossetia and Nagorno-Karabakh. To date, the EU has occupied a back seat in conflict resolution efforts, supporting organisations such as the UN and OSCE, which have taken the lead role. However, over a decade of negotiations has produced few tangible results and the EU now has the opportunity to play a much greater role. This essay argues that the EU needs to become more involved: it has a much wider range of tools at its disposal with which to influence the various situations and it is in its own interest to ensure the stability of its neighbours.     

限制的限制:德国基本权利限制模式的内在机理

与其它国家宪法的概括规定方式不同,德国《基本法》将对基本权利的限制放在各项基本权利条款中进行差异性处理,这种差异性处理通过对法律保留的不同规定而达成。作为重要补充,《基本法》又在基本权利一章的结尾处对各基本权利条款中涉及的法律保留本身作了一般性限制。这样的限定模式,与其说是对基本权利的限制,不如说是对限制的限制。在此意义上,德国《基本法》在基本权利规范的理性设计与保障人权目标实现之间的关联上,提供了一种立法经验示范。