国际组织与成员国法律责任多重归属问题研究

国际组织和成员国的法律责任归属问题一直以来都是国际法争论的话题。政府间国际组织作为一类国际法主体,应独立承担法律责任。但在实践中,成员国在执行国际组织决议的过程中往往滥用国际组织法律人格,其行为不仅是国际组织法律人格的体现,还代表了自己的意志,造成法律责任归属不明。以此种争议情形为研究对象,结合1999年的使用武力合法性案,2007年欧洲人权法院的拜拉米案和萨拉马提(Behrami/Saramati)案、阿尔吉达(Al-Jedda)案以及2014年海牙法院关于斯雷布雷尼察(Srebrenica)诉荷兰案的相关判决,借鉴国外学者近几年的相关研究,认为应当坚持国际组织和成员国法律责任的多重归属。围绕责任多重归属原则的确立过程,通过对2011年《国际组织责任条款草案》相关条文的分析,明确了行为归属与责任归属的关系:只有确定行为归属之后,才能确定责任归属;为了最终确定责任的多重归属,提出以有效控制为标准认定行为归属,并明确这种有效控制是对具体行为的事实控制。     

Discovering hidden statistical issues through individual-level models in ecological studies

ABSTRACT

In ecological studies, individual inference is made based on results from ecological models. Interpretation of the results requires caution since ecological analysis on group level may not hold in the individual level within the groups, leading to ecological fallacy. Using an ecological regression example for analyzing voting behaviors, we highlight that the explicit use of individual-level models is crucial in understanding the results of ecological studies. In particular, we clarify three relevant statistical issues for each individual-level models: assessment of the uncertainty of parameter estimates obtained from a wrong model, the use of shrinkage estimation method for simultaneous estimation of many parameters, and the necessity of sensitivity analysis rather than adhering to one seemingly most compelling assumption.     

Dynamics of Young Children's Socially Adaptive Resolutions of Peer Conflict

How do young children negotiate conflicts with peers that result in mutually beneficial resolution and peaceful interaction after conflict? A few studies suggest that when children use conciliatory strategies in conflict, socially adaptive outcomes are more likely to be achieved. The present study explores the relative associations of types of children's conciliatory conflict resolution strategies (i.e., prosocial, compliance‐oriented, solution‐oriented, and verbal clarification/apology) with conflict outcomes to contribute to knowledge of the discrete behaviors that might have salience for conflict resolution training. Socially adaptive conflict outcomes were expected to strongly relate to children's resolution strategies of a prosocial nature as well as to teacher or peer interventions encouraging prosocial behavior or empathy. Sampled conflicts (N = 521) were collected through field observations of 107 ethnically/racially and socioeconomically diverse four‐ to seven‐year‐old children. Logistic regression analyses with bootstrap‐based inference suggested that children's prosocial behaviors in conflict were most strongly tied to mutually beneficial resolution and peaceful postconflict interaction, when controlling for relevant covariates. Other conciliatory strategies varied in their association with socially adaptive outcomes. The hypothesis regarding third‐party interventions encouraging prosociability or empathy could not be examined due to infrequent occurrence. Insights for future research on children's socially adaptive conflict negotiations are discussed.     

Gambling-related problems across life domains: an exploratory study of non-treatment-seeking weekly gamblers

This study uses content analysis to provide a qualitative exploration of how life roles are affected by frequent (i.e. at least weekly) gambling, based on in-depth interviews with a community sample of 161 non-treatment-seeking frequent gamblers. Over half (51.6%) of the participants indicated problems associated with gambling and 131 examples were identified. The majority of problems were relational (50.4%), followed by financial (19.8%), work (13.7%), and school related (8.4%). Slightly less than half of participants (41.7%) reported losses due to gambling and 92 examples were provided. The most frequently reported loss was identity related (54.3%), which included self-esteem/shame (38.0%), estrangement from family (34.0%), estrangement from friends (16.0%), and estrangement from work colleagues (6.0%). Additional losses included health (29.3%) and financial (8.7%). Almost two-thirds of participants (64.6%) reported difficulty concentrating in family (18.4%), work (16.8%), and school (9.6%) activities, whereas general concentration problems comprised an additional 48.8% of the examples provided. Half of participants (49.1%) discussed behavioral withdrawal due to gambling, which included withdrawal from work (44.3%), relationships (24.5%), school (15.1%), and personal (6.6%) activities. These findings paint a complex picture of how gambling interferes with different life roles for some frequent gamblers, identifying important areas for future research and practice.     

“We’re Disgusted With Queers,not Fearful of Them”: The Interrelationships Among Disgust,Gay Men’s Sexual Behavior,and Homonegativity

ABSTRACT

Using a combination of personal reflections, published literature, and original empirical research, we argue that the disgust triggered by gay men’s sexual practices (specifically, anal intercourse) is a critical, though overlooked, contributor to heterosexual men and women’s homonegativity (i.e., negative attitudes and behaviors directed toward men who are or are perceived to be gay). We conclude our article by articulating several directions for future inquiry that we believe will advance current understanding of prejudice and discrimination directed toward gay men.     

小学校长服务型领导对教师知识分享行为的影响研究

以山东省248名小学教师为有效样本，探讨了服务型领导、教师同事信任、情感承诺和教师知识分享行为之间的关系。研究结果显示：服务型领导与教师知识分享行为显著相关；教师同事信任部分居间联系了服务型领导与知识分享行为之间的关系；教师同事信任部分居间联系了服务型领导与情感承诺之间的关系；情感承诺对服务型领导与知识分享行为关系的中介作用不显著。     

Vagal modulation of 1‐month‐old infants to auditory stimuli is associated with self‐regulatory behavior

During infancy, cardiac vagal modulation has been associated with attentional and social engagement behaviors. While studies have shown that infants display a behavioral repertoire that enables them to interact with others by being able to regulate themselves in order to attend to and to discriminate emotional and social cues, vagal modulation to sensory stimuli and its association with behavioral outcomes at early ages remains to be addressed. In this study, we analyzed the cardiac vagal response of 1‐month‐old infants to two auditory stimuli intensities and whether vagal response was associated with social interactive and self‐regulatory abilities. Therefore, we recorded cardiac and respiratory physiological responses in 28 infants using a Biopac System. Neurobehavioral assessment was performed using the Neonatal Behavioral Assessment Scale. We observed increased respiratory sinus arrhythmia (RSA) amplitude to both auditory stimuli intensities when compared to baseline. No intensity effect was found for the RSA response. Additionally, we observed that higher RSA amplitude to both auditory stimuli was positively correlated with adjusted self‐regulatory behaviors, suggesting a convergence between multiple measures assessing infants' state regulation. Results are discussed in light of 1‐month‐old infants' auditory stimuli processing and its implications for regulatory behaviors and the emergent social‐like behaviors.     

Majority size and conformity behavior in charitable giving: Field evidence from a donation-based crowdfunding platform in Japan

A charitable donor typically imitates the majority contribution of other donors. This study examines the relationships between majority size and this so-called donor’s conformity behavior, by empirically investigating the impacts of multiple earlier donations on the donation of a subsequent donor to JapanGiving, a donation-based crowdfunding platform in Japan. This analysis is possible because the platform’s webpage displays the previous donation amounts in chronological order, thus allowing us to examine the modal amount of more recent donations. By using data on 9989 actual donations, our dynamic panel analysis suggests that when the number of most recent continuous modal donations increases, the likelihood that a subsequent donor matches the modal amount increases. This result supports the notion that a donor’s conformity behavior is more likely to occur when a greater proportion of other donors give a similar amount. Furthermore, the effects of continuous modal donations are strongly observed for low monetary ranges. We interpret that initiating further cooperation among a large number of less cooperative other donors would become harder, or individuals would obtain an excuse for less cooperation due to the others’ behaviors. Finally, we discuss how our findings connect economic studies of charity and social psychology studies of conformity and could help improve the effectiveness of fundraising by charities.     

What makes hybrid insourcing successful: A new public–private partnership model for social welfare services

Outsourcing has been a key policy tool for delivering a range of social services, and regarded as more effective than insourcing or direct government provision. At the same time, it has also caused many delivery issues such as principal‐agent problems, a lack of policy coordination, and poor‐quality welfare services. While the pendulum continues to swing between insourcing and outsourcing, we aim to propose a new public–private partnership model called the “hybrid insourcing model” and examine which factors influence the performance of the model. In South Korea, around 2010, the local government in Namyangju City was the first to implement the “Hope Care Center model,” a kind of hybrid insourcing model, which has been praised for its innovation and widely emulated by central and local governments. Our analysis utilizes data collected between December 2017 and January 2018 from public sector employees and civilian staff in Namyangju and a comparable city, A. From this, we draw a number of implications, both for theory and for policy. We argue that, for public–private partnerships, active cooperation and equality are the biggest factors in contributing to positive performance. These work alongside leaders with a clear vision and with employees' positive attitude.