R2P: “State of Play”

Abstract

Is R2P the most effective tool the international community has to prevent genocide, or the newest neo-imperial norm perpetuated by the most powerful states? In a dramatic performance of the key debates within R2P, each of these views is presented before Aristotlean and Tocquevillean insights are drawn upon to find a middle ground rooted in citizen resistance against mass atrocity crimes. R2P can both become a more effective tool of prevention and gain needed political legitimacy by drawing on the rich historical tradition of citizen resistance to empower local actors defying regimes engaged in mass atrocity crimes.     

表达自由的法理价值与法律保障

表达自由作为宪法赋予公民的一项基本人权,外延显然宽于言论自由.表达自由不仅是思想自由的外在化、公民知情权的延伸,而且也是公民监督权的表现.表达自由的价值形态主要表现在自由、民主、控权和自治等多向度.表达自由的保障主要从完善以宪法为核心的立法保护、强化程序保障、正确界定政府限制表达自由权行使的的界限、维护公民的结社自由、落实宪法诉讼制度等方面着手.     

Active in Not Being Active (AINBA): how East Asian powers accept R2P

This article explores and compares the positions of two major powers in East Asia—China and Japan—towards the ‘Responsibility to Protect’ (R2P) norm. R2P calls for collective international responsibility in the event that states are unwilling or unable to protect their people. Evaluating the mainstream argument in the literature that China and Japan have recently been welcoming the R2P norm, we ask the following questions: To what extent have China and Japan aligned themselves with R2P? How do international and national factors play out to influence their R2P stance? To summarize our findings up front: unlike what much of the current literature says, China and Japan's acceptance and practice of the R2P norm are largely pro forma. We argue that they both appear active in participating in the debates but only in order to remain inactive. In other words, they are active participants in the debates and discussions on R2P, but their aim is not to further its usage but to contain its effects. Their current stance on R2P is characterized by what we will call ‘Active in Not Being Active’ (AINBA). The article discusses the key sources and rationale for their AINBA policy with regard to R2P.     

安南联合国改革报告评析

安南秘书长2005年3月21日提出的题为《大自由:实现人人共享的发展、安全和人权》的改革报告,试图为联合国应对新世纪国际和平与安全面临的威胁“建立一个全球合作和具体行动的新时代的蓝图”。报告提出了不少新的概念和建议,但主要反映美国为首的西方大国的观点和主张。从各方反应看,各国对报告的分歧意见和提出的问题很多,主要集中在7个方面:什么是当前世界面临的主要威胁、把所谓“集体保护的责任”作为“新的(国际)规范”问题、使用武力的合法性标准问题、防止大规模杀伤性武器扩散问题、恐怖主义定义问题、设立小规模的人权理事会问题和安理会改革问题。     

刑事和解后续工作之浅探

刑事和解后续工作对于完善刑事和解机制、促进冲突彻底解决和社会和谐具有非常重要的意义。我国对刑事和解后续工作的探讨还需深化。刑事和解后续工作可从刑事和解协议的效力确认，加害人的犯罪预防和社会化，被害人的保障和保护三个方面具体展开。     

Security challenges and institutional responses: An Austrian perspective

Common wisdom is that NATO's future hinges solely on the outcome of the International Security Assistance Force mission in Afghanistan. While the state of Afghanistan will impact the future of the Alliance for better or for worse, it will not be the sole or even primary factor to influence the future of NATO. In many ways, Afghanistan has become an excuse for the Alliance to ignore some of the in-built problems of the organisation. The allies' inability to define clearly the nature of the Alliance and its core missions, a lack of capability and poor funding, topped off by exceedingly weak and troubled relations with other international organisations, particularly the European Union, all pose significant challenges that the alliance must address to remain relevant, coherent, and equipped to engage effectually in future operations.     

Onwards and Sidewards? The Curious Case of the Responsibility to Protect and Mass Violence in Africa

This article approaches Responsibility to Protect (R2P) from the ground up. Selecting African cases of mass atrocity in the age of R2P, it identifies key general features of contemporary violence. The article goes on to consider the nature and extent of R2P practice in each case. The argument is that R2P engagements in these conflicts display a mixture of weakness and irrelevance. The result of this is that R2P has failed significantly to reduce human suffering in any of the cases dealt with. The article notes that this clear failure does not seem to perturb the mainstream of academic R2P discourses, which, although critical at times, remain confident that R2P is making some difference and represents the best way forward. The article explores how this kind of discourse is propounded in the scholarly work on R2P. This leads us towards an argument that R2P as a discourse and international project can run in parallel with continuing mass suffering in African civil wars without being profoundly troubled.     

The European Union's human security discourse: where are we now?

The language of human security has been prominent in the European Union's (EU) official discourse for a number of years. However, whilst it has been promoted as a new approach for the EU in the development of its security and defence policy, the aim of this article is to assess the extent to which it actually features in the EU's contemporary strategic discourse and practice. It seeks to uncover where and how the concept is spoken within the EU's institutional milieu, how it is understood by the relevant policy-makers in the EU and the implication of this across key areas of human security practice. It is argued in the article that human security has not been embedded as the driving strategic concept for Common Security and Defence Policy (CSDP) in an era of crisis and change in Europe and beyond and that the prospects for this materialising in the near future are rather thin.     

保护的责任:利比亚问题的国际法实践研究

自从2001年干预及国家主权委员会的《保护的责任》报告问世后,保护的责任理论在国际社会引起广泛的关注.经过多年的发展,保护的责任有比人道主义干涉更为丰富的内涵与外延.2011年多国部队对利比亚的军事打击被称为保护的责任理论的首次实践.保护的责任理论对安理会军事干预的合法性提出了六个标准,若运用该方法来对利比亚问题进行实...