Whales, Sustainability and International Environmental Governance

The international governance structures in place with respect to whales are dominated by the International Whaling Commission (IWC). However, the IWC's constitutive document, the 1946 International Convention for the Regulation of Whaling (ICRW), lacks many critical elements of good governance which have evolved since the conclusion of the convention. Since the signing of the ICRW, there have been significant and far-reaching developments in the ways and means by which sustainable development and environmental policy is formulated and implemented.
Sustainability principles have expanded well beyond limited conservation objectives to include, in particular, the precautionary and ecosystem approaches. International governance has also evolved to require efficient and participation-based decision-making processes, including integrated management and sustainability, efficient and participation-based decision-making processes, international cooperation between States and coordination between international agencies, transparency, and dispute-resolution and compliance mechanisms. These are all elemental aspects of modern environmental governance.
Necessary reforms to the ICRW are substantial, and in light of the unanimity required, it is likely that only a new convention will achieve the necessary changes. A governance framework for whales must enable and encourage participants and stakeholders to cooperate in a spirit of global partnership. The goal should be to conserve, protect and restore the health and integrity of the global whale populations as part of the overall goal of the sustainability of the oceans and seas implementing the ecosystem and precautionary approaches. It must integrate with other elements of international governance to that wider goal.     

“Disrupting the surface of order and innocence”: Towards a theory of sexuality and the law

Conclusion The dominant male discourse as expressed in the law of sexuality constructs the male subject. In each area — rape, incest and prostitution, it creates and extends the power which underpins the sexuality of the male subject to facilitate the non-consensual taking of women in rape and incest and the buying of them on the subject's own terms in prostitution.Further, the law constructs the female as Other not as freely consenting subject but as Other for the male subject in the space of unreason, for the logic of desire.In these constructions, lie the paradox of the law of sexuality. It exists purportedly to defend and protect the victims of rape, incest and prostitution but even in so far as it does so, it reasserts, through its constructions, the power of the speaking male subject through and the exclusion of the woman as Other from, the dominant male discourse as it is expressed in and enshrined by that law.The author is grateful for the comments of Glynis Cousin, Mike McConville, Brendan McSweeney and an anonymous referee on this work.     

伪造犯罪现场:对25起案例的分析研究

文章评述了伪造犯罪现场的研究历史 ,并对 2 5例伪造犯罪现场案件从罪犯特点、受害人特点、案件特点、犯罪动机及执法人员犯罪等五个方面进行了分析研究。把伪造犯罪现场和作案人结合起来研究的目的 ,是为了更好、更深入地研究伪造现场作案人 ,给刑侦人员和物证学家对伪造犯罪现场的勘查、取证以及现场重建提供一些参考     

Seeking or controlling the truth? An examination of courtroom questioning practices by Canadian lawyers*

ABSTRACT

The questioning practices of Canadian lawyers were examined. Courtroom examinations (N?=?91) were coded for the type of utterance, the assumed purpose of the utterance, and the length of utterance. Results showed that approximately one-fifth of all utterances were classified as productive for gathering reliable information (i.e. open-ended, probing); less than one percent of all utterances were open-ended. Direct examinations contained more closed yes/no, probing, and open-ended questions. Cross-examinations contained more leading and clarification questions, and opinions. Moreover, cross- (vs. direct) examinations contained more questions with a ‘challenging the witness’ purpose. The longest utterances were opinions, followed by multiple and forced-choice questions. The longest answers were in response to open-ended questions, followed by multiple and probing questions. Implications for the truth-seeking function of the judiciary are discussed.