印度尼西亚宪政制度初探

印尼的宪政始于1945年通过的宪法，宪法历经1999年、2000年、2001年和2002年四次修正。印尼现行宪法规定了国家性质、政权组织形式、国家结构形式、公民基本权利与义务、国家机构等宪政制度。印尼宪政制度呈现出受传统观念影响较大、总统权力集中和军警影响政治发展的三大特点。     

Norms,Behavioral Compliance,and Status Attribution in International Politics

Extant work on status attribution has largely focused on major powers or state capabilities as key explanatory factors driving these social processes and suggests that status considerations increase conflicts between states. We argue for a more comprehensive approach to status attribution that considers international norms as another major factor that is weighed in the attribution process. We contend that states (policymakers) evaluate one another not only on the basis of economic and military capabilities but also on the extent to which there is behavioral conformance with normative expectations and reward one another dependent upon whether these expectations are met. However, this attribution of status is dependent upon the level of contestation pertaining to that norm. Using a data set that assesses consistency with six different norms (resource transference, multilateralism, economic liberalism, democratic governance, respect for human rights, and peaceful dispute resolution), we find that status attribution is associated with norm-consistent behavior but only when these norms are uncontested at the global level.     

Proportionality and balancing in WTO law: a comparative perspective

This article discusses the concepts of proportionality, necessity and balancing in the World Trade Organization (WTO) legal framework. These concepts are increasingly important in the context of services and establishment regulated by the General Agreement on Trade in Services. The role and meaning of proportionality, necessity and balancing are not clear. The emerging WTO case law is analysed in this article, which adopts a comparative approach, drawing upon proportionality and balancing tests in different national and international legal orders. It discusses how these tests could influence the interpretation and application of WTO law. A main argument is that trade-offs among competing norms and values are unavoidable in WTO dispute settlement, and that the proportionality analysis could contribute to making this process more transparent, rational and predictable.     

Identity,Individualism, and Activism beyond the State: Examining the Impacts of Global Citizenship

The concept of global citizenship has risen to prominence through its use by policy makers, activists, and scholars, who employ the idea of global interconnectedness to encourage individuals to actively engage with transnational issues. Proponents of global citizenship claim that it will promote greater global unity and equality of rights, and even generate a new, post-national identity. Yet self-professed global citizens operate in a transnational realm marked by extreme disparities in power between the members of different states and economic classes. This article assesses whether global citizenship can live up to the claims of its adherents, or whether it will replicate the existing inequalities and moral hazard currently manifest in global policy-making. The article uses the work of T.H. Marshall to identify the conditions under which citizenship has generated equality and unity in the national realm and examines whether these conditions are present beyond the state. It then compares the resulting theory with global citizenship's observed impacts in transnational activism. It concludes that unity and equality of rights cannot be achieved globally in the absence of a commonly shared pool of social and economic resources and that, ironically, global citizenship may worsen existing power imbalances by legitimating elites' use of power.     

The Political Economy of Intellectual Property Protection: The Case of Software

The end of the twentieth century was marked by a sea change in global governance in the realm of intellectual property rights (IPRs). Whereas countries historically retained substantial autonomy with regard to what they defined as intellectual "property" and the rights granted to the owners of intellectual property, the 1990s witnessed the establishment of new global obligations regarding national practices. This paper focuses on the case of software "piracy" to assess the mechanisms by which the new global obligations for the treatment of IPRs are transmitted from the international to the national levels. We first consider a set of national-level factors that many scholars have shown to be important determinants of IPR policy. We then supplement the standard emphasis on domestic factors with an analysis of new transnational factors: countries' multilateral obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral pressures from the United States to increase the protection of IPRs. Population-averaged panel data models are used to assess the effects of these national and transnational determinants on levels of software piracy in 80 countries from 1994 to 2002. Our results indicate that membership in the WTO and bilateral pressures from the United States—particularly pressures that offer reciprocal concessions—lead to substantial increases in levels of protection in rich and poor countries. There is, in short, a new international political economy of intellectual property.     

In the name of king,country, and people on the Westminster model and Bhutan's constitutional transition

In 2008 Bhutan inaugurated a written constitution thereby instituting the state as a constitutional monarchy. The constitution is almost unanimously described as democratic by international media and academics. The ease with which this apparent consensus on its democratic character has been achieved, however, raises the important question of how best to approach the theory of constitutional democratization. In approaching the issue of democratization as a move towards popular control, this article discusses the ambivalence of the Bhutanese constitution towards this principle in a cultural context where social order is seen as constituted within the unity of king, country, and people. Curiously, this language is not as unique to Bhutan as one might expect, but influenced by the Westminster legacy in its emphasis on the principle of “Crown in Parliament”, its ritualization, and ideas of political inequality. It raises the question whether this model is suitable as a blueprint model for countries with different historic and cultural trajectories from the European ones? The article advocates a novel approach to the analysis of constitutional transition that transgresses the dichotomy between an institutional and linguistic approach, thus opening up interesting new insights on the waxing and waning of processes of expanding popular control.     

Emerging Powers in the World Trading System: Contestation of the Developing Country Status and the Reproduction of Inequalities

ABSTRACT

This article investigates discursive struggles over the boundaries of the categorisation of developing countries in the world trade regime. A key principle of the World Trade Organization (WTO) grants special rights to the group of developing countries. Recently, it has become highly contested whether emerging economies such as China can legitimately claim to belong to the group of developing countries. This article uncovers how old and new economic powers have tried to strategically (re)frame the boundaries of the developing country categorisation in the WTO. I argue that ongoing contestation reproduces inequalities because many developing countries are unwittingly negatively affected by the lack of formal criteria for classifying emerging economies—even if emerging economies themselves may benefit. In doing so, I illustrate how informal practices of classification may undermine the original intention of categorisation in International Organizations that aims to address inequality among its members.     

Democratization and Transitional Justice

Any country which attempts to establish accountability for past abuses of human rights during the process of democratization faces political, judicial, and ethical problems. With regard to politics, the question of which transitional justice measures are appropriate, functional, and feasible has to be decided for every individual case. A judicial approach has to decide which judicial standards to apply and how to justify prosecution. Finally, the ethical dilemmas of dealing with historical injustices have to be understood. There are no ready-made concepts to define guilt and justice. In many cases it is even difficult to tell the victims from the perpetrators. This study examines the different strategies subsumed under the term ‘transitional justice’ used by emerging democracies to deal with a legacy of human rights abuses. It explores the problems and challenges posed by different mechanisms of reconciliation and societal reintegration. While existing analyses of the contribution that transitional justice measures make to the process of social re-integration stress the importance of consensus among citizens and social groups for the emergence of trust and solidarity, this study suggests also thinking about how conflicts over competing ‘truths’ can help to build social capital and reconciliation. Noting a global diffusion of international legal norms, which means at least formal universal acceptance of basic rights and judicial procedures, it is argued that international justice cannot be a substitute for transitional justice measures taken by the domestic regime itself.     

China and the WTO: the theory and practice of compliance

Since China joined the World Trade Organization (WTO) in December2001, attention has turned to the issue of whether or not Chinais a responsible member of the organization and how compliantChina is with WTO rules. This article discusses the difficultiesfaced by China, as a responsible rising power, in trying toadjust itself to global trading norms. It examines the theoryof compliance in international relations from the perspectivesof neo-realism, liberal institutionalism and social constructivism,and then tests these perspectives by examining the mechanismsused to gauge China's compliance, both bilaterally by the UnitedStates and multilaterally through the Dispute Settlement Mechanismand the Transition Review Mechanism of the WTO. The result ismixed: different opinions exist as to how compliant China hasbeen but, on the whole, most monitors agree that China has triedhard to comply with WTO requirements in various areas, thoughmuch remains to be done. The most severe tests will come inthe next few years when China's financial and service sectorswill have to face fundamental changes to the way they operate.     

Trade unions and NGOs: the need for cooperation

The challenges posed by economic globalisation make it imperative that civil society organisations break down the barriers that have traditionally divided them, in order to ensure that the rights of those who are marginalised or vulnerable are kept firmly on the international agenda. In particular, globalisation brings fresh impetus to the need to forge alliances between the trade union movement and NGOs concerned with social and economic development. While there is plenty of evidence of successful cooperation, major problems, fears, suspicions, and at times hostilities remain between them. Some of these are substantial and sharp policy differences, but others are the consequence of colliding political or organisational cultures, prejudices, financial competition, and a mutual lack of understanding of respective roles and objectives. Debates surrounding the organisation of workers in the informal economy, including the ILO discussion in June 2002, provide a useful case study.     

Homo Nationis: The Psycho-social Infrastructure of the Nation-state Order

The central argument of this article is that the global expansion of sovereign nation- states has been accompanied by the emergence of a particular type of modern individual, homo nationis. The general significance of this argument lies in the fact that this personality type, which is either taken for granted (untheorised) or ignored, constitutes an integral component of modern social order. That is, in addition to the constitutional and institutional foundations of the state and its political economy, the nation-state has a psycho-social foundation--a "national habitus". The concepts of homo nationis and national habitus underscore the notion that modern individuals are historical individuals, i.e. they have personality structures that are unlike those of individuals in other historical epochs, and that they should be explicitly conceptualised as such, rather than as a transhistorical homo oeconomicus or homo sociologicus. Many fundamental social processes, including those discussed under globalisation, can be better explained with such a conception. The historical- structural context for homo nationis is the world order of nation-states that has only recently finished formally incorporating all other social formations from tribes to the remnants of empires, as well as the specific state-society to which the individual belongs. The article notes the interest that Durkheim and Weber had in habitual behaviour and draws on the exemplary work of Norbert Elias on national habitus to sketch its conception of homo nationis. The article then assembles further evidence for the existence and significance of national habitus by perusing a diverse set of scholarly literatures, including national culture in business studies, national economies and economic nations, nationalism, comparative sociology, and normative political theory.     

The psychological effects of state socialization: IGO membership loss and respect for human rights

We present an interdisciplinary theory that considers how loss of membership in international organizations affects states’ human rights practices. Drawing mostly from social psychology and international relations research, we argue that states are socialized into the international community through a process of social influence, whereby they are incentivized to comply with group norms by the promise (threat) of social rewards (punishments). Social influence occurs when states form social bonds through interactions with other states. When social bonds are severed, fewer opportunities for social influence occur due to lower information to both the remaining states and the state that lost those social bonds. Thus, we hypothesize that the loss of membership from IGOs reduces incentives to comply with group norms and adversely affects human rights practices at home. A combination of propensity score matching/regression and autoregressive distributed lag (ADL) models on a global cross-section across the years 1978–2012 supports the theory. Specifically, losing at least one IGO membership leads to a long-run drop in human rights respect of about one quarter to one half standard deviation.     

战后日本国家战略演进及岸田内阁战略走向

二战后日本不得不放弃武力扩张的国家战略,但伴随形势变化,日本不同当政者的治国方略则不相同。围绕是维护宪法、优先发展经济、重视国际协调,还是修改宪法、增强军事力量、成为政治军事大国等,存在两种不同国家战略倾向。其背后则是两种不同的历史观。战后,日本在《日本国宪法》下走和平发展道路,经济、科技取得令世界瞩目的成就,但外交则受制于美国而缺乏自主性。日本成为经济大国后,开始借助美国,努力成为亚洲领导国家和联合国常任理事国,而非所谓摆脱美国的"正常国家"。21世纪以来,安倍晋三的国家战略目标是对内推动修宪,使日本成为"能战国家";对外构筑"自由开放的印太",制衡中国。菅义伟内阁继承了安倍的国家战略。岸田文雄执政后在延续同一国家战略的同时,会展现何种特色,值得关注。     

Evaluating the influence of international norms and shaming on state respect for rights: an audit experiment with foreign embassies

ABSTRACT

How do international norms affect respect for human rights? We report the results of an audit experiment with foreign missions that investigates the extent to which state agents observe international norms and react to the potential of international shaming. Our experiment involved emailing 669 foreign diplomatic missions in the United States, Canada, and the United Kingdom with requests to contact domestic prisoners. According to the United Nations, prisoners have the right for individuals to contact them. We randomly varied (1) whether we reminded embassies about the existence of an international norm permitting prisoner contact and (2) whether the putative email sender is associated with a fictitious human rights organization and, thereby, has the capacity to shame missions through naming and shaming for violating this norm. We find strong evidence for the positive effect of international norms on state respect for human rights. Contra to our expectations, though, we find that the potential of international shaming does not increase the probability of state compliance. The positive effect of the norms cue disappears when it is coupled with the shaming cue, suggesting that shaming might have a ‘backfire’ effect.     

全球化视野下的女性跨国流动——以1978年以来中国女性迁移东南亚为中心

国际移民女性化（the feminization of migration）成为全球化时代国际人口迁移活动的一个重要表现与特征。改革开放以来，中国女性的跨国迁移活动日益活跃，并呈现出移民目的地全球化、移民结构多元化、移民方式多样化的特征。本文以中国女性迁移东南亚为中心，考察并分析了中国女性新移民迁移东南亚的结构与类型、存在的问题与影响，指出重视中国女性移民浪潮中的问题与负面影响，对维护中国女性跨国迁移的正常秩序，促进中国与东南亚民间交流的发展以及推动中国与东南亚关系发展都有积极的意义。     

Legal Harmonisation in Africa: Taking Stock and Moving Forward

Despite the lofty objectives set out in the treaties of African intergovernmental organisations, such as the African Union, ECOWAS, SADC and the East African Community, legal harmonisation in Africa is still underdeveloped. Apart from a push towards harmonisation in the protection of human rights and the environment, mainly driven by a global agenda, some progress has been made with regard to legal harmonisation linked to economic integration at the sub-regional level. However, the process is slow and measures to ensure implementation of agreed norms at the national level and ensure consistent interpretation are still underdeveloped. This is illustrative of the lack of political will and the big gap between political rhetoric and reality on the African continent.     

建构碳金融运行机制支持吉林省低碳经济发展

发展低碳经济乃全球社会经济发展的大势所趋,是未来应对气候变化的国际制度背景下各国形成竞争优势的新平台。吉林省在向低碳经济转型过程中存在着重化工业比重大,能源压力大,距离低碳经济目标差距较大,碳金融框架制度安排匮乏,缺少碳金融的有力支持等问题;目前吉林省发展低碳经济的主要手段还是行政手段,市场机制尚未建立起来,作为碳市场重要组成部分的碳金融机制也处于萌芽阶段。因此,需要建构碳金融运行机制实现经济发展方式的转型,出台建构碳金融机制的配套政策。     

Using the principle of non-discrimination to reconcile the national contract with the global compact

The argument of this article is that the best way to reconcile the national social contract with the global compact is to ensure that the terms of the national social contract are compatible with the principle of non-discrimination. It suggests that if national societies were seriously guided by the principle of non-discrimination, the response to the rights claims of non-citizens would be a lot different from the present situation, without, in fact, requiring more of any of us than we, as ordinarily self-centred human beings, are capable of delivering.     

Perceived human rights and support for new democracies: lessons from Mexico

Political elites in emerging democracies are likely to promise improvements on human rights. From an empirical perspective, however, emerging democracies tend to perform rather poorly in this domain. Given this tension between elite rhetoric and performance, it is important to examine the extent to which citizens in emerging democracies evaluate democracy and new democratic leaders' performance on the bases of their perceptions of respect for human rights. This topic remains largely unexplored and conventional wisdom suggests that economic satisfaction, not human rights concerns, drives individuals' support for democracy. We aim to fill this gap in the literature by investigating the extent to which specific and diffuse political support is related to individuals' perceptions of respect for human rights in the context of an emerging democracy. Taking advantage of two representative survey data sets from Mexico from 2003 and 2010, our empirical findings suggest that citizens are more likely to support their president, their government and democratization when they believe that human rights are respected. By examining the relationship between democracy and human rights protections at the individual level, our research is a pioneering effort to better explain the interaction between the prospects of democratic consolidation and perceptions of human rights.     

Human Rights and Trade: Beyond the “Spotlight”

Human rights concerns figure prominently on the global economic agenda. Yet little empirical analysis has addressed the prospective impact of human rights for global economic interactions. To gain insight into this linkage, we assess the empirical relationship between human rights and an important facet of the global economy, dyadic trade flows. Traditional arguments posit that respect for human rights and trade are uncomfortable bedfellows at best, and that repression may provide a foundation for increased trade activity. We posit that, alternatively, respect for human rights and trade may be a pragmatic coupling. In addition to the normative value of promoting and protecting human rights, there may be a “business case” as there are ways in which respect for human rights may encourage trade. Using a cross-sectional time-series research design, we test the relationship between human rights and trade for the years 1989–2000. Our results show that human rights conditions have a significant influence on dyadic trade.