国际海上武装冲突法形成的标志——1856年《巴黎海战宣言》

国际海上武装冲突法是国际法中国际武装冲突法的一个子法,是指以条约和习惯的形式,规范海军兵力合法使用武力,以及在海域发生的武装冲突中冲突方之间、冲突方与非冲突方之间权利义务关系的原则、规则及制度的总体.     

国际海洋法与维护国家海洋权益

海洋权益是指沿海国对属于自己的管辖海域享有国际海洋法所赋予的特定主权权利。《联合国海洋法公约》奠定了现代国际海洋法制度的基础,为各国维护正当的海洋权益提供了基本法律依据,但也有不完善甚至严重缺陷之处。认真研究其利弊,以切实维护国家海洋权益和公正合理的国际海洋法律秩序。     

物权行政法保护之问题及对策探讨

行政法授权国家行政机关进行物权的行政管理,具体行政行为可以有效地保证物权的安全,为物权的充分行使提供良好的法治条件。保证行政机关更加科学有效地保护物权,则必须坚持“公共利益”界定法律化、行政行为程序法制化、行政救济制度法治化,必须建立全国统一的物权登记制度、完善国家行政补偿制度、大力推进物权行政保护制度化建设、完善行政监督制约机制。     

Law Enforcement and Delphi: An Exercise in Strategic Intelligence Research

Strategic intelligence is the product of various means to ascertain threat/s and action, including the evolution of responses to threats, perspectives of threats, and assessments of successes and failures of such actions. This article promotes the idea that good intelligence enables good policy, and examines how the Nevada Division of Investigation, a state-level investigative agency with general law enforcement responsibilities engaged in strategic intelligence research. The research methodology is an adaptation of the Delphi Technique. It employs a three-round iterative process seeking to generate the strongest possible consensus, after expressing opposing views, to potential resolutions (policies and programs) on major criminal justice issues. Serving as a model for futures research, this study rests on the premise that the decision-maker is primarily interested in having informed individuals present options and supporting evidence for consideration.     

加强有关国际环境与国际政治斗争的教育

在对外开放不断扩大、国际斗争日益复杂的情况下 ,深入研究世界战略格局和政治、军事斗争的新变化新特点 ,注意分析和把握引起部队思想变化的国际因素 ,对于正确认识和解决思想政治建设中的有关问题 ,增强工作的预见性和主动性 ,比以往任何时候都显得重要。因此 ,当前加强有关国际环境与国际政治斗争方面的思想教育 ,研究军队思想政治建设中国际因素的影响和作用显得十分重要。对国际问题关注的“大众化”趋势在部队同样日益明显。根据我们的调查 ,部队广大官兵对国际问题十分关注 ,充满强烈的求知欲。特别是对一些国际热点问题 ,事关中国的…     

Justice empowered or justice hampered: The International Criminal Court in Darfur

It came as a surprise to many international observers when, on 31 March 2005, the United Nations Security Council passed resolution 1593, which referred the situation in Darfur to the jurisdiction of the International Criminal Court. Some celebrated this event as initiating a new era in which international criminal justice would prevail, but they might have done well to consider the objections immediately raised by the representatives of the Sudanese government, which was not a party to the ICC, a point that created a series of impediments to the implementation of the resolution. For all that the ICC has been charged with investigating crimes against humanity in Darfur, its investigators are being prevented from seeking the evidence on the ground essential to any successful prosecution. The Sudanese government has so far maintained its obstructive position, arguing that it is capable of handling such cases within its own sovereign jurisdiction. The imperative of excluding the ICC from Darfur has contributed to Khartoum's objections to the deployment of a UN force to replace the African Union mission there. In sum: the challenges faced by the ICC in Darfur demonstrate that international criminal justice does not operate in a political vacuum.     

Building the Rule of Law: A Model of Police-Military Relations in Latin America

United States policy makers and academic researchers have neglected the deep institutional rivalries between police agencies and military services in Latin America. The problems of police/military coordination have complicated US national goals of democratization, strengthening the rule of law and combating the production and trafficking of illicit drugs in the region. Police agencies stand at the epicenter of dysfunctional criminal justice systems. Although the US policy of engagement with Latin American military services is intended to reorient their roles and missions towards supporting democratically elected civilian governments, US counternarcotics assistance programs have encouraged a wider Latin American military role in drug interdiction. This article develops an analytical model to identify the dimensions of police-military conflict in the context of the fundamental reform of criminal justice systems in Latin America.     

我国消防法制建设的理论探讨

结合消防执法实践,深刻分析了消防法制工作的现状,剖析了消防法制建设中存在的诸多问题。同时,就如何转变传统观念,健全消防法规体系,改善消防执法现状,加强执法队伍建设,实践执法为民,尤其对建立健全监督制约机制,规范消防行政执法行为等方面提出了创新性的对策。     

Walking a tightrope: the International Criminal Court and conflict prevention in Africa

Many African countries gained political independence in the 1960s. This era of independence came with promises and great expectations of economic, political and social development. Fifty years later, it is certain that the promises and expectations of independence have not been easily realised. Perennial violent conflicts have continued to ravage many countries in Africa, causing the catastrophic breakdown of law and order. Therefore, one of the major issues in conflict resolution discourse in Africa is how to develop functional mechanisms for the prevention of violent conflicts. This article examines the capacity of the International Criminal Court (ICC) to act as a mechanism for conflict prevention in Africa. Notwithstanding the doubts and uncertainties associated with the impact of law on conflict transformation, this article argues in the main that the ICC contributes to conflict prevention in Africa by expressing global norms of international law, challenging the culture of impunity in some countries, contributing to general deterrence, speedily intervening in some violent conflicts, and contributing to building some records of atrocities by identifying who did what.     

International Involvement in Restructuring and Creating Security Forces: The Case of Haiti

The controversy over banning landmines in the past decade has removed matters of military technical expertise to the purview of civilian interest groups. According to a Huntingtonian perspective, this could be an indicator of unhealthy civil-military relations. Evidence of this includes political leaders' disregard of senior military advice and the initiation of a program to develop landmine alternatives after having already committed to banning them. The desire to ban landmines may represent a pragmatic revision of pacifist attempts to ban warfare altogether. Because of the development of self-destructing or deactivating mines, the landmine ban movement intrudes on technical military matters without redeeming humanitarian value. This intrusion may have further ramifications for civil-military relations.