美国的伊拉克困局及伊拉克战争的遗产

2003年,美国发动伊拉克战争,虽然美国赢得了最初的军事上的胜利,但是四年过去了,布什政府在伊拉克问题上陷入一种"撤不得、留不得、打不赢"的尴尬境地。美国之所以在伊拉克陷入困境,主要是由于布什政府在国家安全战略和对伊拉克占领政策的制定、执行方面出现了偏差。为了应付国内和国际社会的双层压力,在过去几年中,布什政府不得不不断调整其对伊拉克和中东地区的政策,改组其外交决策团队,排除新保守主义分子,逐渐向现实主义回归,但却始终未能稳定伊拉克的局势。伊拉克战争已经并将继续对美国、中东格局和世界格局产生深远的影响。     

环境侵权侵害排除责任方式研究

侵害排除是环境侵权民事责任的方式之一。承担环境侵权侵害排除责任的法律构成要件除权利受到侵害外,还须同时具备侵害的不合理性,而判断某种侵害是否具有不合理性的标准是进行利益衡量。适用环境侵权侵害排除责任方式应借鉴国外的相关理论和实践经验,完善我国相关法律制度,并注重在司法实践中对利益衡量原则的正确适用,以真正实现侵害排除责任方式对环境侵权行为的抑制和预防功能。     

Building foundations for the comparative study of state and non-state terrorism

In this article, we argue that a comparative study of state and non-state terrorism that uses the minimal foundationalist definition of terrorism as its central analytical framework offers a unique and instructive approach for answering the question: “what is terrorism?” To date, most recent comparative case study analyses of terrorism focus on ideologies, political/governance models, structural/contextual enablers, practices, organisational structures, and/or the basis of issues such as trust, belonging, and membership. We uniquely contribute to the growing literature on comparative terrorism studies by comparing and contrasting state and non-state terrorism on the basis of strategic communication vis-à-vis the preparation, execution, and outcomes of political violence (the “terrorism attack cycle”), the instrumentalisation of victims, and fear management. We argue that state and non-state terrorism are co-constituting and co-enabling phenomena, possibly best conceptualised as two bounded and coiled strands of the political violence DNA.     

A Neoliberal Rentier System: New Challenges and Past Economic Trajectories in Iraq

The Islamic State’s conquest of swathes of Iraqi territory, combined with falling oil prices, revealed the fault lines of a model of economic development that made the country extremely vulnerable to the events of 2014. Over the last 13 years, the consolidation of the rentier economy in parallel to the promotion of a neoliberal model – a neoliberal rentier system – has not initiated a process of sustainable economic development. The main factors explaining this missed opportunity can be found in the tensions that exist between the two models and, in particular, between the relative roles of the state and the private sector as drivers of economic development.     

Culturalism and the rise of the Islamic State: faith,sectarianism and violence

This paper looks at the ways in which culturalist discourses have influenced our understanding and representation of the rise of the so-called Islamic State. It argues that, in keeping with older narratives on the motives of ‘bad’ Muslims, its political and economic objectives have been overlooked and/or downplayed. Instead, I propose, there has been a strategically efficacious focus on its appeal to Islam, on its sectarian rhetoric and on its use of violence. By continuing to emphasise the ethical over the political in these ways, the culturalism that underpins the dominant representation of the Islamic State’s emergence has, I conclude, served three key purposes – the mobilisation of the ‘good’ Muslim, the exculpation of Western foreign policy and the legitimisation of force.     

EVOLVING TOWARD NORMALCY AMID ANOMALY: NORTH KOREA’S MIDDLE EAST POLICY SINCE THE DEMISE OF KIM IL-SUNG

North Korea's engagement in the Middle East is a six-decade long narrative. Neither the DPRK nor its Middle Eastern partners have remained still over this time; each region has undergone significant changes. In particular, the leadership of the North Korea is now in the hands of the third generation. No matter how stagnant and monolithic the country may seem at first sight, each generation has had to deal with differing commitments and adapt to changing realities. As such, each generational change of leadership in Pyongyang has arguably had repercussions on the DPRK's relationship Middle Eastern partners, which may at times have been misattributed to a fundamental change of approach. This study attempts, therefore, to probe the twists and turns in the DPRK's interactions with the Middle East since the death of Kim Il-sung, beginning with an appraisal of each leaderships’ priorities in North Korea, and how they could potentially influence Pyongyang's overall orientation toward its different partners in the region.     

Back to the future: the Arab uprisings and state (re)formation in the Arab world

This article contributes to debates that aim to go beyond the “democratization” and “post-democratization” paradigms to understand change and continuity in Arab politics. In tune with calls to focus on the actualities of political dynamics, the article shows that the literatures on State Formation and Contentious Politics provide useful theoretical tools to understand change/continuity in Arab politics. It does so by examining the impact of the latest Arab uprisings on state formation trajectories in Iraq and Syria. The uprisings have aggravated a process of regime erosion – which originated in post-colonial state-building attempts – by mobilizing sectarian and ethnic identities and exposing the counties to geo-political rivalries and intervention, giving rise to trans-border movements, such as ISIS. The resulting state fragmentation has obstructed democratic transition in Syria and constrained its consolidation in Iraq.     

论侵害他人权益型不当得利--兼析侵权损害赔偿请求权与不当得利返还请求权的竞合

侵害他人权益型不当得利作为一种非给付型不当得利,其制度基础在于违背权益归属。侵害他人权益型不当得利的构成除具备不当得利的一般构成要件外,尚有其特殊性。不当得利返还请求权与侵权损害赔偿请求权均基于公平理念而产生,但两者在规范目的、构成要件、责任范围、举证责任、时效期限等方面不尽相同。     

从伊拉克战争看战争法前景

伊拉克战争突破了战争法的许多规则,但战争法的作用不容置疑。战争法发挥作用的社会基础、思想基础等各种主、客观条件仍然存在。随着全球化程度的提高、高技术武器装备的大量运用及相关学科领域的影响,战争法在未来战争中必将发挥越来越重要的作用。     

伊拉克战争的国际法思考

本文从国际法角度分析伊拉克战争的法律依据及其引起的法律后果 ,探讨国际法在这场战争中面临的挑战。作者认为 :美英对伊动武没有合法的依据 ,它引起相应的国际法律责任 ;不能因为这场战争而否认禁止使用武力原则的作用 ,而是应进一步加强该原则的实施。