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.     

疾病防控与地域社会政治变迁——以余江血吸虫病防治为中心

1958年余江县在全国率先消灭血吸虫病，树立了全国“第一面血防红旗”，创造了世界血防奇迹。作为地域社会发生的重大历史事件，血防对余江县域政治演变产生了深刻影响。研究表明:高层领导对血防持续不断的关注和督促，为余江血防注入了源源不断的政治压力和政治变迁动力；历届县委、县政府都把血防作为“一把手工程”，视为“最大的政治”，使余江县域政治带有浓厚的“血防”色彩；县党政机构也发生相应变化，完成了血防领导机构的常规化和党政机构的血防化；余江是我国出台血防政令最多的县份之一，血防在余江县政治生活中占有极其重要的地位。血防塑造了余江地域政治特色，它使得余江县域政治带有明显的血防化特征。     

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.     

从学理到实践:爱国主义定义的结构性解析

如何界定爱国主义这一定义一直是学术界讨论的问题。《〈中共中央宣传部教育部关于进一步加强和改进高等学校思想政治理论课的意见〉实施方案》实施后,《思想道德修养与法律基础》教材不再运用列宁关于爱国主义的定义,而用了一个新的定义。科学地理解爱国主义不仅是爱国主义本质的内在要求,而且是理性爱国主义教育的前提。从“非人民群众”的爱国情感、“祖国”与“国家”的关系、爱国主义“理性”与“非理性”的关系三个角度进行探讨,认为社会主义国家应倡导理性爱国主义。     

思想自觉与制度规范：保持党员干部清正廉洁的两个基本维度

遏制腐败，保持清正廉洁，是化解执政危险的必然要求。保持清正廉洁需要党员干部发挥主观能动性，加强自我修养，经得起来自权力、制度漏洞、利益、贪欲等多方面的考验。当然，由于人类谋求私利的本性，决定了靠人的自我修养并不能完全克服掌权者利用公权谋求私利的倾向，因此，防止腐败，还要加强制度规范的外部约束，完善制度体系建设，减少诱发腐败的“灰色地带”，做到“伸手必被捉”。     

Action,Technology, and the Homogenisation of Place: Why Climate Change is Antithetical to Political Action

According to Hannah Arendt, the concept of ‘political action’ is a fundamental component of the human condition because it encapsulates how the uniqueness of each human being intersects to create unpredictable political initiatives and effects. Recently, despite being one of the most daunting political challenges ever faced by humanity, there has been a noted collective action failure, or inaction, concerning the global threat of anthropogenic climate change. Why? This article seeks to explain this political inaction in a new way: by examining the metaphysical role that technology plays in disclosing the climate as a thinkable and global object. After applying the philosophy of Martin Heidegger to the complex mathematical general circulation models (GCMs) used by the Intergovernmental Panel on Climate Change (IPCC), this article details how the metaphysics underlying GCMs manifests the perceivable world by ‘enframing’ it, or by implicitly representing subjects, objects, and Nature itself, as a predictable, calculable, and orderable relation of static forces. When this metaphysical and mathematical uniformity constructs the climate as a calculable object that is globalised through the IPCC, it is ultimately found to be contradictory to the distinctness and unpredictability necessary for distinct human action to occur. Paradoxically, therefore, political action is argued to be metaphysically antithetical to the technologically enframed science, politics, and discourse, of global climate change itself. The importance of distinct and plural human places, when filtered through GCMs, becomes subsumed by the climate as a homogenous, calculative, and politically inactive, global object.     

Partners,Institutions and International Currencies: The International Political Foundations for the Rise of the Renminbi

The use of an international currency is not just a natural market phenomenon; it relies heavily on international political foundations. The historical lessons of the four major international currencies—the pound, dollar, euro and yen—show that a strong partner network and a favorable international institutional environment are the two major political foundations for the formation of a stable international currency. The rise of the renminbi, as a late starter looking to become a major international currency, depends not only on the requisite economic conditions but on governmental diplomacy aimed at attracting more monetary cooperation partners and creating international institutions that support its worldwide use. This strategy reinforces the political foundations for the rise of the renminbi. Building a network of partners supporting the renminbi as an international currency and creating a system of international monetary institutions are the real tests of the issuing country’s political leadership. This political leadership capacity has three dimensions: public trust founded on reputation building; a centripetal force driven by provision of benefits; and coercive force applied through sanctions. Comparatively speaking, the renminbi is still in the early stage of its ascent, so the development of its political infrastructure should concentrate mainly on gaining public trust through reputation-building and employing centripetal force involving provision of benefits.