离散变结构系统的组合控制策略研究

对离散变结构控制系统的趋近律方法进行研究,提出了4种组合控制策略,它们可以明显改善系统的动态性能,并给出应用例子加以验证．     

对消防行政处罚法律依据适用冲突的思考

消防行政处罚是消防执法中大量运用的一种执法行为,在处罚时存在法律依据的适用冲突。对“过失引起火灾,尚未造成严重损失”的消防行政处罚在适用时的法律冲突进行了思考,以便能够更好地执行处罚法定的原则。     

论法治进程中的正当程序

法治的实现有赖于法治要素的具备,而正当程序有助于法治要素的满足。法治社会应具有的正当程序理念是:正当程序是对人权的尊重和保护,是实现正义的重要途径,程序正义优先于实体正义。     

论刑法一般原则在军事刑法中的实现

军事刑法是普通刑法的特别法,因而,刑法的一般原则对军事刑法具有当然的指导意义,但是这些原则在军事刑法中会有特殊的体现。军事刑法保护的是国防利益、国家军事利益。但是,为了保护国防利益、国家军事利益而不当的牺牲个人权利是罪刑法定原则不允许的。法律面前人人平等原则要求,对任何人犯罪,在适用法律上一律平等。但是,由于军人具有特殊的身分,刑法对军人和非军人加以区别对待。罪刑相适应原则要求,刑罚的轻重,应当与犯罪分子所犯罪行和承担的刑事责任相适应。战时缓刑是刑罚个别化原则在军事刑法中的体现。     

电子产品在振动环境中的损伤效应研究

在分析电子装备结构特点及冲击振动环境影响因素基础上,阐述了电子产品在冲击振动环境中的损伤机理与模式。以某型雷达装备为试验对象,选取该装备某型组合体与电路板进行冲击振动与扫频振动试验,分析了电子产品在振动环境中的损伤规律。试验表明:电子产品在振动环境中的损伤不仅与振动类型及幅值有关,也与其自身结构有着密切的关系。     

Proportional use of force in asymmetric military operation

This paper studies a strategic conflict between a state and a non-state military organization. The non-state military organization decides whether to attack or not to attack the state, while the state decides on its counter-measure. If the state uses a high level of violence against the non-state organization, it may be accused by the international community of ‘non-proportional’ use of force, and both sides of the conflict take this possibility into account. The model predicts that it may be rational for the non-state organization to attack the state, even if as a reaction the state will militarily destroy this organization, due to a positive probability the state will be punished by the international community for non-proportional use of violence.     

Africa's toy soldiers,non-state armed groups,and ‘voluntary’ recruitment

Armed conflict on the African continent has witnessed increasing recruitment of child soldiers, often at the hands of non-state armed groups. Unfortunately this practice continues unabated in the face of legal obligations prohibiting the recruitment of child soldiers under international humanitarian law, and international and regional human rights law. While international condemnation of the practice has led to attempts to increase the minimum age for recruitment to 18, a disjuncture persists between the legal obligations states sign up to, and the actual enforcement of these prohibitions at a domestic level.

International criminal law jurisprudence emanating from the Special Court for Sierra Leone and the International Criminal Court is being monitored closely, as these courts seek to enforce the prohibition in all armed conflicts, and against both state actors and non-state armed groups. International humanitarian law only protects child soldiers who have been unlawfully recruited. In this piece, the authors take a closer look at what amounts to unlawful recruitment in light of customary international humanitarian law, since this body of law also binds non-state actors, even without further criminalising legislation at a domestic level. Moreover, the article briefly explores whether a child can ever void this protected status by volunteering to participate directly in hostilities.     

THE EXERCISE OF NATIONAL SOVEREIGNTY

Skeptics of the Bush administration have castigated its strong aversion to formal international agreements in responding to the threat of the proliferation of weapons of mass destruction (WMD), citing unilateral actions as the default alternative. Yet this critique misses the growing emergence of a conscious framework guiding the administration's actions: an emphasis on the exercise of national sovereignty and the corollary principle of sovereign responsibility. Rejecting the paradigm of arms control as the answer to WMD proliferation, the current administration instead advocates a toolkit of alternative mechanisms based on the full exercise by individual nation, states of their domestic authorities and rights under international law, acting in their capacities as responsible citizens of the global community. This paper will examine that philosophical approach and its concrete application through the following policies: (1) the Proliferation Security Initiative; (2) enforcement of national laws and regulations as exemplified by United Nations Security Council Resolution 1540 and the U.S. proposals for consideration by Biological Weapons Convention signatories; and (3) preemptive warfare to disarm the WMD programs of a threatening state.     

Reforming the notion of national sovereignty by external intervention

In principle, national sovereignty is the right of a nation to govern its internal affairs without foreign interference. In practice, it is defined by one's interpretation of international law, which may permit legal external intervention under some circumstances, ultimately removing a nation's sovereignty. This paper will examine the current system of international law outlined by the United Nations, analyse the ambiguities contained within its Charter and elaborate on how external intervention can be justified. The case-study of recent developments related to Libya will demonstrate that the manner in which international law is interpreted is changing the notion of principles of sovereignty.     

The practice and theory of British counterinsurgency: the histories of the atrocities at the Palestinian villages of al-Bassa and Halhul, 1938–1939

This article details two largely unreported atrocities by British forces operating against Arab rebels during the Arab revolt, 1936–9, at the Palestinian villages of al-Bassa and Halhul. It then examines the military-legal system that underpinned and authorised British military forces operating in aid of the civil power, suggesting that the law in place at the time allowed for a level of reprisals and punitive actions, such as happened at al-Bassa and Halhul. The article does not conclude that the law allowed for atrocities but it does argue that it gave a basic form and understanding to an operational method that was brutal and could lead to atrocities. It thus tests the idea in much of the literature on counterinsurgency that the British were restrained and used minimum force when compared to other colonial and neo-colonial powers fighting insurgents.