境外行政主体制度研究

行政主体理论自行政法成为公法重要组成部分时便成为行政法几个核心理论之一。自《中华人民共和国行政诉讼法》实施以来,行政主体理论研究成为我国行政法理论研究的重点之一。我国关于行政主体的内涵及外延,学术界各抒己见,至今缺乏统一的论断。境外一些行政法理论发达国家和地区的行政主体制度对于我们具有借鉴意义。     

“Flectas non frangas”: revisiting early twenty-first century UK–US defense relations (2000–2005) after five years

Adopting the analytical framework of the established interpretive “schools” of Anglo-American relations, this article offers several reflections on UK–US defense relations as they occurred over the significant years of 2000–2005. During those years, trajectories were established on which UK–US defense relations continue to travel today and outcomes emerged which are still being navigated. This article concludes that the Latin phrase, “Flectas Non Frangas” (essentially translated as: “Bend not Break”), is the most appropriate to adopt to characterize the developments undergone in recent UK–US defense relations. Many historical and strategic lessons with contemporary relevance are drawn.     

French intervention in Mali: strategic alliances,long-term regional presence?

The March 2012 coup in Mali opened the door to expanded territorial occupation in northern Mali by Tuareg separatists and subsequently armed Islamist extremists. French forces intervened at the behest of the interim government in Mali. This article examines how various actors frame the conflict to their advantage. While the Malian government and France are allies, the position of various Tuareg actors shift over time as they strategize and weigh the value of allegiance with the French. Local extremist organizations are labeled as terrorists and are targeted as enemies. This article argues that the conflict has been decontextualized and framed within the ‘war on terror’. France’s decision to intervene and to expand their regional military presence, rather than exit, is legitimized by the framing of their intervention as integral to counterterrorism efforts.     

Colombian Military Thinking and the Fight against the FARC-EP Insurgency, 2002–2014

This article attempts to place in historical perspective the latest effort by Colombia’s military (Colmil) to defeat the now half century old insurgency of the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo (FARC-EP). It argues that the ‘surge’ initiated under President Álvaro Uribe in 2002 with the assistance of the United States can only be fully analyzed in the context of the Colmil’s intellectual framework for counter-insurgency. Specifically, this article will explain how the protracted engagement with counter-insurgency has shaped the Colmil’s understanding of the nature of the conflict, as well as its attitudes towards its adversary, civil authority and the instrumentality of force. An understanding of the Colmil’s strategic tradition can also help to explain their apprehensions about the ongoing peace negotiations with the FARC-EP.     

Testing or fault-finding for reliability growth: A missile destructive-test example

A new piece of equipment has been purchased in a lot of size m. Some of the items can be used in destructive testing before the item is put into use. Testing uncovers faults which can be removed from the remaining pieces of equipment in the lot. If t < m pieces of equipment are tested, then those that remain, m₁ = m − t, have reduced fault incidence and are more reliable than initially, but m₁ may be too small to be useful, or than is desirable. In this paper models are studied to address this question: given the lot size m, how to optimize by choice of t the effectiveness of the pieces of equipment remaining after the test. The models used are simplistic and illustrative; they can be straightforwardly improved. © 1997 John Wiley & Sons, Inc. Naval Research Logistics 44: 623–637, 1997     

Keeping David From Bathsheba: The Four-Star General’s Staff as Nathan

Readers of reports on ethical failures by four-star general officers must wonder, “Don’t they have staffs to ensure that the general follows ethics rules?” The Department of Defense publishes robust ethics guidance in several documents; however, a staff’s best efforts to implement this guidance may fail to make an impression on a senior leader who is susceptible to the “Bathsheba syndrome,” an allusion to the biblical account where the prophet Nathan rebuked King David for his moral failings. This paper proposes a methodology to enable senior headquarters staffs to play the role of Nathan in supporting ethical behaviors by high-level officers. It examines the mechanisms that embed ethical behavior within members of those staffs in carrying out their three principal roles of advising, scheduling, and transporting the four-star officer. The authors offer a framework based on an ethical infrastructure of organizational climate that focuses the staff’s daily efforts to mitigate risk across seven ethical “danger areas” that threaten ethical failures by senior officers.     

Two‐agent scheduling on a single sequential and compatible batching machine

We study two‐agent scheduling on a single sequential and compatible batching machine in which jobs in each batch are processed sequentially and compatibility means that jobs of distinct agents can be processed in a common batch. A fixed setup time is required before each batch is started. Each agent seeks to optimize some scheduling criterion that depends on the completion times of its own jobs only. We consider several scheduling problems arising from different combinations of some regular scheduling criteria, including the maximum cost (embracing lateness and makespan as its special cases), the total completion time, and the (weighted) number of tardy jobs. Our goal is to find an optimal schedule that minimizes the objective value of one agent, subject to an upper bound on the objective value of the other agent. For each problem under consideration, we provide either a polynomial‐time or a pseudo‐polynomial‐time algorithm to solve it. We also devise a fully polynomial‐time approximation scheme when both agents’ scheduling criteria are the weighted number of tardy jobs.