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。     

The Ethical Challenges of Socially Responsible Science

Social responsibility is an essential part of the responsible conduct of research that presents difficult ethical questions for scientists. Recognizing one’s social responsibilities as a scientist is an important first step toward exercising social responsibility, but it is only the beginning, since scientists may confront difficult value questions when deciding how to act responsibly. Ethical dilemmas related to socially responsible science fall into at least three basic categories: 1) dilemmas related to problem selection, 2) dilemmas related to publication and data sharing, and 3) dilemmas related to engaging society. In responding to these dilemmas, scientists must decide how to balance their social responsibilities against other professional commitments and how to avoid compromising their objectivity. In this article, we will examine the philosophical and ethical basis of social responsibility in science, discuss some of the ethical dilemmas related to exercising social responsibility, and make five recommendations to help scientists deal with these issues.     

Anticipating modernity: the Jewish ‘welfare state’ in biblical and medieval times

The impact of religion on social policies and its role in the development, structuring and functioning of welfare states has only recently attracted significant attention. Studies of the relationship between religion and the welfare state have given little consideration to whether the religious precepts and values of the major religions, and the ways of life which they have shaped, are consistent with the idea of the welfare state. This paper shows that the elements of the definition of the modern welfare state were reflected in Jewish communal life as either prescribed by Jewish law (halakha) or lived during both ancient and medieval times, and that communal life was ‘welfare‐state‐like‘. In doing so this paper demonstrates that the idea of the welfare state is consistent with Judaism.     

Effects of attributed responsibility and response strategies on organizational reputation: A meta-analysis of situational crisis communication theory research

Scholars utilizing situational crisis communication theory (SCCT) mainly examine how attributed responsibility affects organizational reputation and how response strategies matched with the amount of attributed responsibility protect reputation. The findings on these 2 important questions have been mixed. A meta-analysis of 35 investigations from 24 studies published between January 1990 and March 2015 was conducted to explain the mixed findings and reveal average correlations. Attributed responsibility was strongly associated with reputation at –.54, and response strategies were only weakly associated with reputation at .23. Equally important, crisis vignette choice moderated the responsibility-reputation association. Crisis clusters, reputation measurements, sample choice, and crisis vignette choice moderated the match-reputation association. Theoretical, methodological, and practical implications were discussed.     

同意观念的历史谱系与当代困境

通过提出明示同意与默示同意这两个不同的同意概念并强调有别于集体同意之个体同意的重要性，特别是通过对默示同意的分析和说明，洛克使得近代意义上的同意理论逐渐浮出水面。同意理论在颠覆君权神授理论、确认人民主权思想的过程中有着无可置疑的历史价值。虽然在现当代，同意理论因遭遇到越来越多的诟病而逐渐步入困境，但同意理论并非一无是处。对于当代中国社会来说，强调政府及政府行为必须经过人民的同意这一点，对于政治体制的改革以及政治秩序的合法构建来说仍然具有极为重要且深远的意义。     

试论民族地区建立“环境侵权责任社会分担机制”的必要性

环境侵权责任社会分担是一种将因环境侵权行为所造成的损失转移到社会,由侵权行为人以外的主体完全或部分分担损失金额的侵权赔偿责任机制。社会连带理论为其提供了正当性基础。从伦理学、经济学、政治学和社会学角度均能证明民族地区建立环境侵权责任社会分担机制的必要性。     

Young adults’ hopes for the long-term future: from re-enchantment with technology to faith in humanity

Recent scholarly research has claimed that young people are predominantly concerned with their immediate ‘horizon of planning’, resulting in an outlook upon the future that is dominated by present-day concerns. By distinguishing between choices and plans, on the one hand, and hope and faith, on the other, this article analyses how young people relate to the future through their attitudes about responsibility and technology in order to complicate this narrative. The data are drawn from an interview project in which 28 young adults (aged 18–34) discuss both their own future and a general idea of the future of society. Two key findings are discussed. Firstly, respondents are found to place faith in the potential of technology to mitigate future predicaments, and secondly, respondents are found to ascribe mystical or magical qualities to technology. Drawing on these findings, this article suggests that the oft-cited attitude that technology will develop in time to meet the needs of the future does not simply signify a deferral of responsibility onto future generations. Instead, by drawing on scholarship on re-enchantment it is argued that for young adults technological development can represent a refuge of faith and hope for the future.     

Children's participation in foster care placements

This article presents results from a study of the birth children of foster carers and their experiences of growing up with foster siblings. Data were gathered from focus groups (17 participants), discussion groups (16 participants), a questionnaire (684 responses) and eight individual interviews. The children's participation in the fostering placements is in focus. Accounts from the children show that several of them participate in care-giving activities in everyday life. Their participation in the official assignment is however limited and can lead to children taking on responsibility with no support from adults. The tension between children's agency and position in society is addressed. The study shows how power relations between children and adults come into play, how both children and adults (re)-produce positions where children's rights to have a say in questions that concern them are not reflected within fostering processes.     

The Cat and the Cloud: ACT for LGBT Locus of Control,Responsibility, and Acceptance

Advocating acceptance, committed action, and value-guided behavior over experiential avoidance, Acceptance and Commitment Therapy (ACT) may aid lesbian, gay, bisexual and transgender (LGBT) clients affected by hetero/homonormative social pressure. By conceptualizing LGBT paradigms of internal/external control/responsibility (IC-IR; EC-IR; IC-ER; EC-IR), ACT may be adapted to a myriad of multicultural worldviews. This article presents locus of acceptance as the attributed worth of internal/external cues perceived necessary by the client to achieve self-acceptance. Recognizing visibility and isolation as recurrent LGBT issues, locus of acceptances balances identity as individual (internal acceptance) with identity as community (external acceptance).     

《铁路法》第58条与《民法通则》第123条的冲突与适用

《中华人民共和国铁路法》第58条与《中华人民共和国民法通则》第123条存在冲突。从厘清“基本法律”与基本法律以外的“其他法律”的位阶问题、铁路交通事故中对弱势群体利益的保护以及企业社会责任等角度考量,《民法通则》第123条应当优先适用。