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This article analyzes the obligations under the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two Protocols related to the protection of cultural property in occupied territory. It goes on to provide practical examples of the return of cultural property from Iraq to Kuwait following the entry of Iraqi military forces into Kuwait in August 1990 and the legal framework of the return of Iraqi cultural property under operative paragraph 7 of the United Nations Security Council resolution 1483, adopted on 22 May 2003.  相似文献   

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喻中 《攀登》2001,20(2):1-4
列宁在第一个无产阶级政权初创时期,提出了一系列克服官僚主义的法律思想,邓小平官僚主义的法律思考则是建立在数十年社会主义实践基础之上。比较两位历史巨人依靠法制克服官僚主义的基本思想,有助于更好地把握克服官僚主义的思想武器。  相似文献   

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以往的研究,除了因俗而治的解释之外,均未清楚地指出苗例何以出现在《大清律例》中,亦未对其适用范围加以深入分析,更无苗例司法实践的翔实案例。本文在提供此类案例之后,认为清王朝在湖南乾州、凤凰、永绥三厅新开苗疆地区,依据苗民原生活状况和当地异于改土归流的开辟方式,采用苗例作为处理苗民内部纠纷的法律规范,并配合苗例建立了一套有特色的法规体系。不过,在司法实践中,苗例之外,官法亦被地方官府适当运用于其中,从而显示出清王朝在苗疆的法律权威。乾嘉以降,新开苗疆地区不断走向化内,加上清末法律西方化,苗例终于被彻底从《大清律例》中废除。  相似文献   

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This study advances a comprehensive model of urban service distribution based upon types of urban services, to which little concern has been paid in the study of service distribution. By introducing an integrating typology of urban services, it shows how the pattern of service distribution varies depending on service type. By doing so, this study demonstrates that polarized discussions about the primacy of different explanatory models are inadequate and artificial, and that seemingly contradictory models are not necessarily mutually exclusive when the effect of service type on the distribution of services is taken into consideration.  相似文献   

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In documenting the merging of the State Committee for the Protection of the Natural Environment (Goskomekologiya) into the Ministry for Natural Resources (Minresursov), Peterson and Bielke (2001) made several predictions as to the merger's impact on environmental protection within the Russian Federation. Utilizing research undertaken approximately two years after the merger, this paper examines the reaction and response to these federal changes from a variety of actors at the regional level, using Samara Oblast as a case study. In so doing, it highlights the potential disparity and distance between decisions made at the federal level and their implementation locally. Journal of Economic Literature, Classification Numbers: H10, O13, Q20. 1 figure, 26 references.  相似文献   

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This paper seeks to extend geographic thinking on the changing constitution of the UK welfare state, suggesting the need to supplement ideas of the “shadow state” with an analysis of the blurring of the bureaucratic practices through which welfare is now delivered by public, private and third sector providers alike. Focusing on the growing convergence of the bureaucratic practices of benefits officials and food bank organisations, we interrogate the production of moral distance that characterise both. We reveal the ideological values embedded in voucher and referral systems used by many food banks, and the ways in which these systems further stigmatise and exclude people in need of support. Contrasting these practices with those of a variety of “ethical insurgents”, we suggest that food banks are sites of both the further cementing and of challenge to the injustices of Britain's new welfare apparatus.  相似文献   

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The essay examines a prominent normative defence of nationalism, which links shared nationality with the attainment of the goods of liberal justice and democratic governance. The essay first considers the argument that liberal values, and especially the value of social justice, will best be promoted in states whose members share a common nationality. In its strong form, this argument is vulnerable to counter‐instances. A weaker version, which claims that in states divided in terms of national identities, social justice may be precarious over the long term, is more plausible. The second part of the essay argues that there is a close relationship between democracy and shared national identity. This section spells out precisely how a common national identity is helpful both for representative institutions to function properly and for widespread participation on the part of ordinary citizens.  相似文献   

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This article explores the relations between infrastructures, labour, and internal colonialism in Lerma, Mexico. Drawing on archival and ethnographic research of two hydraulic projects there, the article argues that infrastructures are productive of the racial, environmental, and political relations that constitute internal colonialism both historically and contemporarily. I show how these infrastructural projects imagined and produced colonial relations between the environment, racialised workers, and the nation-state, and how these colonial logics endure today through infrastructures and the forms of racialised labour that maintain them. In doing so, this article contributes to literature that interrogates the relations between infrastructure and coloniality by focusing on how infrastructural labour makes internal colonialism enduring. The article concludes by reflecting on how the labour practices that make internal colonialism enduring also point to ways of producing infrastructures otherwise.  相似文献   

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