Towards Effective Collective Security and Human Rights Protection in Africa: An Assessment of the Constitutive Act of the New African Union

Netherlands International Law Review -     

A SHORT COMMENTARY ON TIMOTHY M. TIPPINS AND JEFFREY P. WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS

In this commentary, the call for clinical humility and judicial vigilance in custody recommendations is confirmed as valid and the Australian experience, where the child custody report writer has for some years been permitted to express an opinion on the ultimate issue, is considered. The inherent risks are briefly discussed, and the question of who of the judge and the social scientist might be better placed to decide the exquisitely difficult children's issues after family breakdown is touched upon. It suggests that a combination of the expert's opinion and judicial fact finding probably produces a result that is as good as it gets. But a greater danger is highlighted. It is the impact of the adversary system, and whether it is suitable in any event to these sensitive court decisions.     

司法鉴定机构管理和改革探讨

2005年2月28日,十届全国人大常委会第14次会议通过了《关于司法鉴定管理问题的决定》(以下简称《决定》),这对完善和统一我国司法鉴定制度将产生重大影响。《决定》赋予司法行政机关对鉴定人和鉴定机构的登记管理权,国务院《对确需保留的行政审批项目设立行政许可的决定》(国务     

The Civil Service under One Country, Two Systems: The Cases of Hong Kong and the People's Republic of China

Under the principle of "one country, two systems," Hong Kong's and China's civil services are changing, but they clearly are not converging. The civil service reforms made in Hong Kong and China appear to be heading toward two logical extremes: one toward strengthening political authority over the civil service, and the other instituting greater institutionalization. What appears to be a problem in Hong Kong may be seen as a solution in China. Not only reform problems, but also reform options, are defined in relation to wider political institutions and changing socioeconomic dynamics. The study shows that while some things do need to be uniform, such as loyalty to the state and central government, a great deal of flexibility regarding administrative systems within one country is possible. There can be a modern nation without a truly national civil service.