论中国区际法律冲突

当前,中国各法域之间的法律冲突应属于区际法律冲突,结合其特点,用实体法规则方法与冲突法规则方法解决中国区际法律冲突各有其利弊和可能性,但中国目前应由各个法域自行制定各自的区际冲突法规则。     

The judiciary and post-election conflict resolution and democratic consolidation in Ghana’s Fourth Republic

ABSTRACT

In recent times most elections in Africa have been fraught with post-elections conflicts that have had dire consequences on citizens. Kenya, Ivory Coast and Zimbabwe are few of these cases. This makes post-election conflict resolution a very important aspect of the electoral process deserving enormous attention. However, extant literature has not accorded it the needed attention. It is as a result of this, that this study investigates the nature of post-election conflict resolution in Ghana’s Fourth Republic. The study, based on a qualitative case study approach, found among others that, the Courts have been instrumental in consolidating democracy in Ghana, and stakeholders are devotedly operating within the legal framework governing elections, despite logistical, law enforcement and justice delivery challenges. The study being conscious of the progress made over the years concludes that, where democratic institutions are consolidating, the use of unconventional means to resolve conflicts is usually not an option.     

What explains the rise of majority–minority tensions and conflict in Xinjiang?

ABSTRACT

In the past few years there has been a rise of inter-ethnic violence in China. While ethno-cultural repression and ineffective state policies are correctly attributed as key culprits behind this reality, this article suggests that socio-economic factors play a fundamental contributory role as well. Using the Xinjiang case, the article maps ethnic tensions and violence as a manifestation and expression of a growing and heightened ethno-cultural consciousness stemming from ethnic minorities’ low socio-economic status due, in part, to internal Han migration, and a labour market process – involving agency and structure – that has shaped a split and segmented labour market.     

The veterans’ gala: the use of tradition in an industrial labour conflict in contemporary Kazakhstan

ABSTRACT

Since its privatization in 1995, Kazakhstan’s largest steel mill has been in a restructuring process characterized by workforce reduction, augmented pressure on remaining jobs and labour conflict over wages, work conditions and corporate social responsibility. In 2013, in an attempt to re-establish harmonious relationships with workers, management invited the mill’s former labour aristocracy to join a newly established veterans’ council, a forum resembling traditional aksakal councils, to discuss the company’s difficult situation. In the context of a banquet in honour of the veterans, tradition became the contested terrain over which labour and capital struggled to endorse their own visions of the industrial future. As corporate capitalist visions of efficiency and professionalism, ethno-national concerns for harmony and stability, and practices rooted in the Soviet labour legacy clash, tradition is staged by actors as a practice which can either affirm or challenge industrial leadership in a labour conflict.     

世贸组织法律框架下贸易自由理想与贸易保护现实的冲突

贸易磨擦事件数量的上升是当今世界经济全球化发展的一种“不和谐音” ,是各国基于自身利益的考虑而推行贸易保护主义所引发的贸易冲突的集中表现 ,而这绝大部分冲突又恰恰是在以推行和实现世界贸易自由化为宗旨的世贸组织法律框架内所发生的。我国已经加入世贸组织 ,对这一问题作一反思 ,积极迎接挑战 ,具有特别的现实意义     

Assembling security in a ‘weak state:’ the contentious politics of plural governance in Lebanon since 2005

Lebanon is most often depicted as a ‘weak state’ lacking territorial sovereignty and thus fostering the proliferation of violent non-state actors that generate political instability and regional insecurity. In contrast, this essay explores the dynamics of security politics in Lebanon since 2005 through the lens of hybrid sovereignty. It shows how an assemblage of state and non-state actors has been able to navigate between rival understandings of insecurity, producing at times shared, but still contested, understandings which have sustained a system of plural governance over security that has been able to respond to a shifting geography of threats.     

Turkey and Russia in a shifting global order: cooperation,conflict and asymmetric interdependence in a turbulent region

The current global political economy is characterised by the intensifying economic interaction of BRICS and ‘near BRICS’ economies, with emerging powers increasing their influence in neighbouring regions. The growing partnership between Turkey and Russia constitutes a useful case study for examining this transformation, in which Western supremacy and US hegemony are under increasing challenge. Turkish–Russian relations shed light on broader themes in global political economy. First, significant economic interdependence may be generated among states with different political outlooks, in the form of loose regional integration schemes driven by bilateral relations between key states and supporting private actors or interests. Second, growing economic interdependence may coexist with continued political conflict and geopolitical rivalry, as indicated by the Syrian and Ukrainian crises. An important strategy that emerges is the tendency to compartmentalise economic issues and geopolitical rivalries in order to avoid negative spill-over effects. This facilitates the coexistence of extensive competition with deepening cooperation, as reflected in relations in the field of energy.     

Just the Two of Us? Civil Conflicts,Pro-State Militants,and the Violence Premium

Quantitative literature discussing violence in civil conflicts tends towards a typical model of engagement between governments and revolutionaries. Whilst recent work has shown the significant impact of multiple anti-government groups, a further feature remains understudied—the role of pro-state militants. This article theorizes a “violence premium” when such groups arise, which leads to all connected groups devoting greater energy to conflict than they would in isolation. Employing duration analysis and data from The Troubles in Northern Ireland, where Republicans act as revolutionary insurgents, Loyalists as pro-state militants, and the British Army as government forces, the violence premium is empirically confirmed. Both Loyalists and Republicans deviate from their underlying strategies to attack more frequently when violence by their rivals increases, with Republicans and the British Army engaging in the same way. An extended analysis, accounting for the status of the victim, shows that the violence premium resulting from interaction between Loyalists and Republicans targeted only the civilian population of Northern Ireland, elucidating the sectarian component of The Troubles. These results show that including all conflict parties and considering how they are linked are important features in studies that aim to determine the net level of violence in civil conflicts.     

高等教育责任实现视域下的高校德育探讨

我国高等教育承担着对国家与个人的责任，责任之间及其内部存在一定冲突，并给高校德育工作带来了一定的影响。高校德育工作必须坚持将“培养什么人”放在首位，注意平衡个人价值与社会价值，改进德育方法，着力引导学生认识伦理道德素养对自身生存与发展的重要价值，从而有效解决冲突，更好地实现自身对国家与个人的责任。     

我国恐怖主义犯罪与普通刑事犯罪冲突研究

由于我国《刑法》对恐怖主义犯罪没有明确的法律界定,导致与相关普通刑事犯罪在法律适用上产生冲突,给司法实务中的定罪与量刑工作带来了很大的不便,也不利于对恐怖主义犯罪的惩治和预防。因此,论述恐怖主义犯罪与相关普通刑事犯罪之间的冲突、分析冲突产生的原因、提出解决冲突的具体对策具有重大的理论和实践意义。