论自决权的性质——一种国际法与国内法的综合分析

在国际政治和国际法领域里,自决权是一个难以明确界定的有争议的概念。它的内容、主体和适用范围始终在不断适应国际政治的变化和发展,它的重心也必将随着其内容、主体和适用范围的发展变化而发生相应的转移。这一重心转移的过程,既是自决权从外部自决向内部自决回归的过程;也是自决权由以国际法原则为重心转移到以国内法原则为重心的过程;同时也是自决权自身内涵不断扩大的历史过程。在这一过程中,自决权先后主要是独立权、国家主权、人权、发展权、人民主权和自治权。自决权的内涵及其重心转移说明,台湾当局企图分裂国家,搞“独立公投”的所谓“自决”,既违背国际法原则,也违背国内法原则,实际上是行不通的。     

光辉思想 与时俱进--中国共产党民族理论与政策80年

中国共产党成立以后,以毛泽东、邓小平、江泽民为核心的三代领导集体把马列主义民族理论与中国民族问题的具体实践相结合,根据中国革命和建设各个时期的不同特点,制定了解决我国民族问题的方针和政策,丰富和发展了马列主义民族理论.     

The Shifting Tides of Pacific Regionalism

Abstract

The current state of Pacific regionalism is faced with a range of external and internal factors that are acting to reshape the region and which call for a rethinking of Pacific regionalism. Within this context a range of new and in some cases reinvigorated groupings of political actors have emerged, seeking to influence and shape the region. Interpretations of this plurality of political groupings differ, with some authors seeing it as a direct challenge to the previously existing regional order, while others argue it signals a return to a foundational Pacific voice in regional politics. This article suggests that the present plurality is more than resituating a ‘Pacific voice’ and is not necessarily a challenge to the existing order. Rather, the Pacific’s experience mirrors global trends in the evolution of regionalism as a practice, in which network diplomacy or coalition-building across the plethora of actors will become a predominant feature of new regionalism. Further, the authors argue that the Framework for Pacific Regionalism provides the platform for effectively navigating this new context through facilitating the politics of networks and coalitions to drive the shared interests of the region, and presents a shared platform to test paradigm-shifting ideas.     

Global equality of opportunity and self-determination in the context of immigration

David Miller’s political philosophy of immigration employs two complementary argumentative strategies to challenge open border theories. The first strategy is to defeat the principled case for open borders, such as the global equality of opportunity argument for more lax immigration control. The second strategy is to establish the democratic community’s prima facie right to determine the shape of its future, including membership and the right to exclude. First, I argue that Miller’s conception of global equality of opportunity is overly narrow and that his objections to the principle, to the metric and to what counts as feasible political action misfire against other, more plausible, accounts. Second, I argue that his democratic interpretation of collective self-determination does not solve the pressing question concerning the morally justified scope and content of self-determination and the moral limits of the right to exclude. I conclude by questioning Miller’s general strategy: whether theories of immigration should be engaged in an exercise of shifting the burden of proof between open and closed borders. By contrast, I argue that a more desirable task for the political philosophy of immigration is to find ways in which the joint requirement of global equality of opportunity and collective self-determination can be coherently upheld.     

论我国基因信息不知情权的确立

基因信息对健康状况具有强烈的预测性,出于诸种原因当事人未必想知晓基因信息.为充分尊重自我决定权,比较法上承认权利人享有基因信息不知情权.基因信息不知情权指权利人有权预先决定是否接受基因信息的披露,其核心要义为“知情拒绝权”.基因信息不知情权旨在保障权利人对基因信息的自主控制,在我国隐私权与个人信息区分规制的立法模式下,...     

Human security of the Sámi in the new Sámi Arctic Strategy

ABSTRACT

Recent plans and enterprises of the Arctic States of Sweden, Norway and Finland – such as the Finnish plan to build a controversial rail line from Rovaniemi to Kirkenes in Norway, relocation of Swedish Kiruna (already in progress), building Markbydgen windfarm in Sweden or construction of a copper mine in Kvalsund, Norway - have put into question the human security of the Sámi. In this paper, the author examines the contents of the new document The Sámi Arctic Strategy. Securing enduring influence for the Sámi people in the Arctic through partnerships, education and advocacy adopted in 2019. Special emphasis is put on the reflections and references to human security of the Sámi. Then the author briefly examines the above examples and how they may or already affect human security of the Sámi. The research questions are: which parts of the new Sámi Arctic Strategy refer to human security? What is the importance of self-determination to human security of the Sámi? Could this Strategy facilitate implementation of the right of the Sámi to self-determination, and as a result improve their human security? The paper attempts to answer these questions in Concluding Remarks.     

Decolonisation and comparative land reform with a special focus on Africa

Abstract

One of the principles guiding the establishment of the Organisation of African Unity (OAU) in 1963 was the need to eradicate colonialism and to ensure the total emancipation of African territories and its peoples. The African Charter on Human and Peoples Rights adopted in 1981 grants all peoples the right to self-determination, through which to freely determine their political status and pursue their social and economic development. The last two African countries to gain independence from apartheid and white minority rule, namely Namibia and South Africa, have taken different approaches to land and tenure reform. The year 2013 marked 100 years since the enactment of the Natives Land Act 27 of 1913 in South Africa that led to the indigenous majority population having access to only 13% of the land while the white minority had access to 87% of the land. The year 1913 is also the current cut-off point for recognising land claims. The South African government has recently taken initiatives aimed at improving the pace of land reform, which currently stand at 5% of the land being transferred to black South Africans against a target of delivering 30% by 2014. While the government has called for patience in this regard, some urgent intervention is required, lest South Africans lose patience and undertake land invasions on a sustained basis.     

‘I wanted a Communist philosophy,but I wanted us to have a chance to organize our people’: the diasporic radicalism of Queen Mother Audley Moore and the origins of black power

Abstract

This article charts the extraordinary life and legacy of ‘Queen Mother’ Audley Moore (1898–1997). She was one of the most revered figures in twentieth-century black nationalism, Pan-Africanism, and Communism. A life-long Garveyite and a leading personality in the World War II-era Harlem Communist Party, she understood black women across the diaspora as the vanguard in struggles for self-determination. She broke from the Communist Party in 1950, reinventing herself into an ardent black nationalist. Creatively formulating an idiosyncratic politics combining Garveyism, Marxism, Third Worldism, and feminism, she was central in forging 1960s-era Black Power and the modern reparations movement. Recovering her life reveals the underappreciated importance of black women in building radical, diasporic movements, the legacy of Garveyism and Communism in framing Black Power, and the contours in twentieth-century black radicalism, black internationalism, and black women's activism.