旅游活动对景区视觉环境的影响——以嵩山风景区为例

传统的综合评价指数模型在对定量化的客观事物进行评价时比较准确,但在评价景区视觉环境时由于存在着主观影响因素,这时传统模型就显出了较大的局限性。利用韦伯-费希纳定律改进后的新综合评价模型则显示出了优越性。利用层次分析法确定各指标的权重,向专家、旅游专业学生、游客发放调查问卷获得评分,采用新综合评价模型,以嵩山风景区为例,针对该区开展旅游活动后景区视觉环境受到的消极影响进行了研究评价。     

试论在美国的中国公民权益受侵犯及其保护

针对目前在美国的中国公民权益受侵犯案件时常发生的现状,结合对从美国回来的华侨进行的社会调查,从国际法的视角,分析了在美国的中国公民权益受侵犯的主要现象和原因;指出了侵犯在当地的中国公民权益,是对国际法上关于国际人权保护和反种族歧视原则的践踏;并就如何保护在美国的中国公民权益问题提出了自己的看法。     

我国社会结构的变迁与社会法的完善

因社会结构不合理而产生的城乡差别、贫富分化、"三农"问题等一系列"社会病"开始显现,社会立法的缺失成为构建和谐社会的制度瓶颈。完善社会法,保障公民的社会权利,对建设和谐社会具有重大的理论和现实意义。     

证据的属性在刑事技术证据运用中体现的特殊性

在司法实践中,尤其是在公安办案实践中,如何合理、充分地运用刑事技术证据尤为重要。这就要求公安和司法机关要从证据法学的角度出发,充分认识刑事证据的属性,认真研究该属性在刑事技术证据的运用中所体现的特殊性。     

Books Received

In this article, I discuss the role of the three Scandinavian central banks in the establishment of the Bank for International Settlements (BIS) in 1930, and in the international lender of last resort operation towards Austria in 1931. I argue that small central banks were reluctant supporters in the establishment of the BIS and free riders in the Austrian crisis, even though there were marked differences in their attitude to international cooperation. These results run counter to the views of those International Political Economy (IPE) theorists who argue that small states should be in favour of international cooperation. On the other hand, the evidence seems to confirm Kindleberger's hypothesis that small countries were free riding during the international financial crisis of 1931, and that therefore there is a need for some coordinating mechanism, or a hegemon, in such crises.     

Island Despotism: Trinidad,the British Imperial Constitution and Global Legal Order

Narratives of the history of international law in the early and middle decades of the nineteenth century have emphasised the role of global humanitarian movements in establishing international norms and institutions. The abolition of the slave trade and the amelioration of slavery feature prominently in this account as reform movements that supposedly laid the groundwork for human rights law. Using controversy about the constitution of the island of Trinidad and the excesses of its first governor, Thomas Picton, as a case study, we argue instead that attempts to reform slavery formed part of a wider British effort to construct a coherent imperial legal system, a project that corresponded to a different, and at the time more powerful vision of global order. As experiment and anti-model, Trinidad’s troubles provided critics with an advertisement for the necessity of robust imperial legal power in new and old colonies. Such a call for imperial oversight of colonial legal orders formed the basis of an empire-wide push to reorder the British world.     

‘Order’-ing Excavations: Constitution of Archaeology as Legal Evidence in the Ayodhya Case

This paper examines the case of the court-ordered excavations at Ayodhya to understand the process by which archaeological evidence as expert opinion was reconfigured into judicial evidence in a civil lawsuit. Being an exceptional site of enquiry where two institutions of the Indian state — the High Court of Allahabad and the Archaeological Survey of India — come together, the Ayodhya case allows us to complicate the uses and abuses of archaeology. An examination of the orders and documents related to the excavations and the judgment made by the Allahabad High Court shows the production of archaeological knowledge at Ayodhya as highly mediated. The paper argues that this process is determined by the notions shared by both the institutions about archaeology-as-science and about scientific/archaeological expertise, regulated at each stage through judicial interventions and informed by the role that the Archaeological Survey of India and the archaeology profession has played in the production of a nationalist past in India. The employment of archaeology as legal evidence in the Ayodhya case is contingent upon the masking of these mediating roles.     

Between containment,confinement and dispersal: the evolution of the Italian reception system before and after the ‘refugee crisis’

In this article, I will analyse how the Italian reception system has been transformed after the ‘refugee crisis’, showing how the change cannot be reduced to a mere expansion of the reception capacity. I will do this by tracing a genealogy of the Italian reception system and highlighting its main features before and after the ‘refugee crisis’. My hypothesis is that the ‘refugee crisis’ and the sense of emergency it created has stimulated the emergence of distinct segments within the Italian reception system functioning according to radically different philosophies and objectives. This, in addition to increasing the overall lack of consistency of the system, is having a profound impact on the rights of asylum seekers, greatly increasing the risk of their spatial and social segregation within Italian society.     

Scientific whaling and how philosophy of science can help break the international deadlock

Despite widespread public interest on the topic of whaling, there is at present relatively little work on how philosophy might contribute to analysis of the status of whaling in international law. When philosophers have looked at the topic of whaling, they have confined their attention to a fairly narrow set of ethical questions, such as whether international law should permit certain forms of traditional indigenous whaling or extend legal rights to whales themselves. However, there is another important issue which has so far been largely neglected by philosophy, even though it is at the forefront of current international legal disputes over the status of whaling: the issue of so-called ‘scientific whaling’. This article considers the international legal dispute between Australia, New Zealand and Japan over the latter’s lethal harvesting of whales in the Southern Ocean, and the recent attempt at resolution by the International Court of Justice. On its face, this required that the Court demarcate ‘scientific’ from ‘unscientific’ activity; however, it effectively baulked at this task. The authors argue that this approach of the Court was unfortunate, and that demarcating science from commerce is not only achievable in philosophy, but might also inform international legal practice. Resolving this issue is important for genuine progress to be made in the current international stand-off over Japanese whaling in the Southern Ocean.     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.