章公祖师佛像跨国追索诉讼国际私法问题研究

从章公祖师佛像跨国追索诉讼主体资格问题切入,分析佛像的法律性质,探讨涉案物权准据法的确定及适用问题。该案原告应由阳春村全体村民担任。涉案佛像属于文物,建议村民在荷兰法院提起原物返还之诉。受案法院应当适用物权冲突法确定准据法,即可能适用中国内地、中国香港或荷兰法律。被告在购买时应当对涉案佛像来源产生合理怀疑,因此不构成“善意”;原告应尽可能搜集证据证明《荷兰民法典》规定的20年消灭时效因起诉而中断。依据《香港货品售卖条例》和中国内地物权法理论与实践,被告均不能取得系争佛像的所有权。     

Generational conflict and provisions for the elderly in Hong Kong: The relevance of position‐based interest and values

Respect for the elderly and hence the associated rights support a generational contract. Nevertheless, the case of the recent debate on the universal retirement scheme in Hong Kong has raised concerns about its strength. We identify relevant items from the sixth wave of the World Values Survey to explore the orientations of different generations toward others. The analysis shows differences between younger and older generations. Regression analyses show that values are not significant in explaining the differences, but various positions, including sex, marital status, and education, and perceptions of the elderly are relevant. Such differences across generations might weaken the generational contract and potentially engender conflicts as shown in the recent debate about the retirement scheme. We suggest short‐ and long‐term interest calculations, informed by their positions, play a more significant role in policy discussions and decisions, rather than simply appealing to values.     

Challenges and dilemmas working with high‐conflict families in child protection casework

Social workers within child protection services report that families marked by high levels of conflict between separated parents are among the most challenging cases to handle. Few studies however have focussed on how social workers themselves experience and meet with parents involved in hostile martial interactions. This article reports on a qualitative study involving 31 social workers and provides an analysis of their experiences and dilemmas in working with such families. Findings demonstrate that social workers struggle to find ways to help high‐conflict families and often find themselves at an impasse. Parents involved in such conflict are highly resistant to change, and social workers struggle to engage with them over concerns about their children. Furthermore, findings suggest that social workers lack organizationally allotted time to assist the parents. I conclude by discussing ways in which emotional support, empowering interventions, and strength‐based approaches enable social workers to manage relationships with high‐conflict families. More research on this topic is needed to support and promote better practices for social workers to be more effective in assisting high‐conflict families.     

The paradox of illicit economies: survival,resilience, and the limits of development and drug policy orthodoxy

ABSTRACT

The illicit drug crops opium and coca are conventionally regarded as sources of instability, an ‘evil’ that breeds fragility and violence. Fragile states are supposed to be most vulnerable to their production and consequent harms. Yet by looking into the local contexts of the world’s leading opium and coca producers – Afghanistan, Myanmar, Colombia and Bolivia – these illicit crops are found to also be sources of stability, even drivers of economic growth. They enable marginalized communities and territories abandoned by the state to be reinserted into national and global markets. Within so-called ‘fragile’ and conflict-affected areas are displaced and dispossessed households adopting innovative and unorthodox strategies for coping and survival in changing and insecure environments. This paper maps out an approach, useful for examining the resilience that has emerged amidst violence and uncertainty in illicit-crop-producing territories, and which can hopefully tackle the continuing disconnect between drugs and development policy.     

Behavioral Determinants of Nonprofit Board Performance

There is an increased awareness that the performance of boards (good governance) is not only determined by structural determinants but by behavioral determinants as well. These behavioral determinants might be particularly important for public and nonprofit governance, where the role of the board is more diffuse and heterogeneous than in corporate governance. Here we investigate how social dynamics within boards in secondary education influence their performance. We follow a concise model that includes cognitive conflict, the use of expertise, effort norms, and social cohesion as determinants of board task performance. A survey among all secondary schools in the Netherlands serves as the empirical underpinning for this process‐oriented model of good governance. We show that the behavioral determinants have different effects on the control task and advice task of boards. Also, we find that cognitive conflicts in supervisory boards do not lead to less but rather to more social cohesion within boards. Building on these findings, we suggest a revised model of the behavioral determinants of nonprofit board performance.     

Absent bodies and present memories: marking out the everyday and the future in Eastern Sri Lanka

Drawing from ethnographic work carried out between 2005 and 2007, this article considers the ways in which a women’s network has developed strategies to find meaning around the absences of loved ones, killed or ‘disappeared’ during the decades of conflict in Sri Lanka. For most of these women, the fate of their husbands, brothers, sons and fathers is not known and the lack of answers means that they are unable to fully grieve and find closure. In order to survive, they must find ways to deal with the absent bodies and present memories of those who may never be located and accounted for. These strategies include tree-planting ceremonies carried out as a way of not only remembering and mourning loved ones but also asking questions about how one makes sense of loss and what it means to carry the burden of unanswered absences through everyday life and into the future.     

Why do newcomers vote for a newcomer? Support for an immigrant party

This article studies the voters of DENK, the first immigrant party to gain seats in a national parliament. It builds further on the existing literature on how immigrants and people from immigrant descent vote in Western European countries. From the literature we derive seven expectations about the kind of voters that are likely to vote for an immigrant party in terms of their political cynicism, attitudes towards economic, globalisation and moral issues. We find that DENK voters are younger Muslims, who have conservative views on moral matters, cynical attitudes towards politics, right-wing views on economic matters and progressive views on issues that pertain to the globalisation dimension, such as immigration, integration and Islam and in particular discrimination. This article uses VAA data to construct a matched sample that in terms of key variables is representative for voters with and without a migration background.     

Explaining Italian “exceptionalism” and its end: Minimum income from neglect to hyper-politicization

Traditionally at the margins of the political debate, minimum income protection has recently become a key issue in Italian politics. After decades of social and political “neglect” letting Italy the only European country (with Greece) still lacking an anti-poverty minimum income safety net in the 2010s, finally a national programme called Inclusion Income was introduced in 2018, then replaced by a more robustly financed scheme, the Citizenship Income in 2019. The introduction of these new programmes was the object of an intense political debate, which raises two main puzzles. Why a policy field characterized by the low political resources of would be beneficiaries and low incidence on the overall welfare budget has become so important in the political debate? How did it occur in Italy, where minimum income protection had been absent in political discourses for at least five decades after World War II? To answer these questions, this article first elaborates a novel theoretical framework which combines the main properties of socio-political demand and political supply in order to explain the scope and direction of minimum income reforms. Second, it provides an analytically oriented reconstruction of MIS policy trajectory in Italy in the three different phases: the phase of MIS “neglect” (1948–1992) characterized by inertia; the period of political “contentiousness” (1993–2012), marked by attempts of path departure followed by policy reversals; the more recent phase leading to the introduction and institutionalization of a MIS. Third, the article provides a theoretically framed interpretation of the overall MIS trajectory in Italy.