论责令限期改正在消防执法中的适用

从消防执法的视角,分析了责令限期改正的法律属性及立法变化,指出了消防法中责令限期改正的立法缺失和执法问题,并就此提出了相应的立法建议和执法意见,以解决消防执法中如何正确适用责令限期改正的问题。     

公安现役部队执法能力培养与法学教学

公安现役部队是列入武警序列由公安部门管理的部队。对其执法能力的要求具有特殊性。公安现役院校担负着为公安现役部队培养人才的任务,教学过程中应对公安现役部队执法能力的涵义、执法能力的内容和因执法能力不足而产生的问题以及解决问题的途径作了探讨。提出创新法学教学模式是提高公安现役部队执法能力的有效方法。     

关于完善消防执法监督制约机制的实践与构想

结合南京消防支队的工作实践,从科学分解权力、优化操作程序、细化裁量标准、强化监督措施、深化警务公开等方面,就如何完善消防执法监督制约机制,进行了有益的思考和探索。     

试论构建我国可持续发展法律制度体系

环境问题由来已久,人们基于对环境问题的认识,提出了可持续发展思想。我国基于自己的环境问题,也提出走可持续发展之路。在可持续发展的大背景下,我国如何构建与之相适应的法律制度体系,以保障和推进可持续发展的进程,是当前需要面临的重要问题。     

消防联合执法工作中存在的问题及对策

阐述了当前消防联合执法的形式、作用和背景,深入分析了消防联合执法工作中存在的执法主体职责不明确、执法依据不准确、执法程序不合法、执法协调工作不到位等问题和不足,并从依法治理和长效管理的角度提出了明确执法权限、落实执法责任、严格按照法定程序开展消防联合执法活动、积极探索长效管理机制等进一步改进和完善消防联合执法的思路和措施。     

防御矩阵满足乘法交换律的证明

在使用马尔柯夫链分析多层防御系统的防御效用值时,发现防御矩阵是否满足乘法交换律将关系到多层防御系统变换部署后的防御效用值,因此有必要对防御矩阵是否满足乘法交换律进行证明。首先介绍了防御矩阵的概念、物理意义、重要性质及计算方法,分析了防御矩阵满足乘法交换律的重要意义,最后综合运用数学归纳法和随机矩阵性质证明了防御矩阵满足乘法交换律的事实,此结论无论对于多层防御系统的防御效用值研究还是矩阵理论研究都有一定的指导作用。     

Peacekeeping and civil–military relations in Uruguay

ABSTRACT

There have been over 90,000 UN peacekeepers deployed around the world to 78 peacekeeping operations (PKOs) in over 125 countries since 1948. Some scholars have made the case that these missions have had a positive impact on the relationship between the military and the civilians they work for. However, other scholars have identified a negative impact on civil military relations (CMR). This paper contributes to this debate by investigating how peacekeeping has impacted civil-military relations in Latin America's most prolific contributor to peacekeeping: Uruguay. This paper finds that PKOs in Uruguay have facilitated post-transitions attempts by civilians to build first-generation control, but not second-generation control. Further, PKOs have marginally improved military effectiveness, but we find that they do not improve societal trust in the armed forces.     

Becoming a disarmament champion: the Austrian crusade against nuclear weapons

ABSTRACT

The making of the Treaty on the Prohibition of Nuclear Weapons (TPNW) has put Austria and its involvement in nuclear disarmament in the spotlight. This study highlights several factors that led Austria to become a prominent voice in nuclear-disarmament debates. First, its involvement dovetails with the emphasis on humanitarian disarmament it has promoted since the 1990s. Second, a strong antinuclear identity pervades Austrian society. This “nuclear allergy” combines antimilitarism inherited from the Cold War and, more broadly, an aversion to nuclear power, including for energy purposes. These two considerations form the background to the increased activism of the Austrian Foreign Ministry on nuclear disarmament in international fora. But, equally, Austria’s crusade for the TPNW can be attributed to the engagement of a small team of diplomats implementing personal as well as national preferences in favor of disarmament.     

Legitimate Authority as a Jus Ad Bellum Condition: Defense of a Procedural Requirement in Just War Theory

ABSTRACT

Today, it is widely held that while authorization may be helpful in assuring that the other jus ad bellum criteria are met, legitimate authority is not itself a condition for just recourse to war. Or, if it is necessary, it is said to be a trivial requirement, as mobilization for war requires some political authorization. Those who would retain the legitimacy requirement have differing views about who the proper authority is. I argue that, reasonably understood, legitimate authorization is necessary for jus ad bellum. Considerations of agency and consent in force combine with the social contract to commit us to deferring to recognized authorities. These obligations are strengthened by the epistemic reliability and pragmatic value conferred by governing institutions and procedures limiting recourse to war. These same rationales imply that the U.N. Security Council should regulate the international use of force. I qualify that if higher authorities fail to act, other subsidiary authorities may then authorize force. However, the move to each subsequent level of authorization must be justified. Understood in this way, the requirement that wars not be fought without legitimate authorization is a non-trivial, necessary procedural jus ad bellum condition.     

Tarnishing victory? Contested histories & civil–military discord in the U.S. Navy, 1919–24

ABSTRACT

As the First World War came to an end, the U.S. Navy's leadership engaged in a bitter fight over the “lessons” of the war. Admiral William S. Sims and Secretary of the Navy Josephus Daniels fought against each other's irreconcilable positions. Sims argued that the Navy Department's inexpert civilian secretary had hamstrung mobilisation, impeded the anti-submarine campaign, and ostracised capable officers in favour of friends upon whom he bestowed medals. Daniels countered that his administration had masterfully responded to the crisis of war. The Navy's record, Daniels insisted, could best be summarised as “a great job greatly done.” Only disloyal nit-pickers could find fault in its accomplishments. The Sims-Daniels controversy raged in congressional hearings, the press, and in partisan histories written by the protagonists. The heart of the dispute and its uncertain resolution rested in radically different understandings of American civil–military relations, naval heroism, and the determinants of victory.