菲律宾对外国法院判决的承认与执行

在国际民事司法协助中 ,外国法院判决有其特定的含义。菲律宾《法院规则》明确规定了外国法院判决的效力。一位在判决的承认与执行方面倍受尊敬的菲律宾权威列举了承认与执行外国法院判决的要件。对外国判决的承认不需要提起任何诉讼 ,但一项外国判决的执行需要提起单独的诉讼     

菲律宾政治集团在南海问题上的共识、分歧及成因

菲律宾国内各政治集团对菲律宾南海政策的制定产生程度不一的影响。基于维护本国利益的国家本位意识和立场,菲律宾各政治集团在南海问题上的共识有:坚持菲律宾所占据的南海岛礁的“主权”;要求以《联合国海洋法公约》为依据来解决南海争端;坚持南海仲裁“裁决”,等等。而硬实力的不足、美国安全承诺的不确定、中国在南海问题上的克制与和平立场以及菲律宾民情等因素导致菲律宾各政治集团在一定程度上达成通过和平方式解决南海问题的共识。除了对策略手段运用的不同理解导致的分歧,菲律宾各政治集团在南海问题上的分歧主要体现在对于菲美同盟及菲美双边军事协议存在着认同与强烈反对的不同声音,其深层原因来自于要求独立自主的反美民族主义与菲律宾国家安全需要之间的矛盾。菲律宾后续仍可能试图以南海“仲裁”结果对中国进行“软”抗争;菲美军事安全合作仍有强化的可能;中菲南海双边谈判以及共同开发协议有可能会随着菲律宾国内政治形势的变动而受到影响,存在较大变数。     

The human development puzzle in Kerala

Participatory approaches to development have been implemented increasingly. One form is the World Bank's community-driven development (CDD) programme. Participation has, also, become increasingly securitised since 2001. One instance of these trends was the Kapit-Bisig Laban sa Kahirapan (KALAHI) project in the Philippines. This paper examines the implementation of CDD and the problems of its securitisation, using the Philippines as a case study. A composite conceptual framework is advanced that draws upon the international analyses of development. Adapting the concepts of securitisation and de-politicisation, it argues that a new hegemonic-development framework has appeared: the Securitised-Washington consensus. The analysis assesses these trends through the examples of KALAHI and Philippine politics and economics. It suggests that securitised CDD projects result in token efforts at political reform and poverty alleviation that often are contradicted by counter-trends towards development decline and militarisation. Unless these deep-rooted problems are confronted, localised participation is likely to remain ineffectual.     

菲律宾对东盟政策中的美国因素

在菲律宾对外政策中,对美国和对东盟的政策是其中最重要的两大组成部分.这其中,美国对菲律宾东盟政策的影响是巨大的.本文考察了菲律宾建国以来,在其制定和实施对东南亚(东盟成立前)/东盟政策时,美国所起的巨大作用以及同时期的菲美关系.     

Ashes from the phoenix: state terrorism and the party-list groups in the Philippines

An ongoing theme in Filipino history has been the exclusion of the left from electoral politics. Something that may provide an aperture facilitating left-wing participation are the provisions of the 1987 Constitution providing for the election, based on proportional representation, of representatives from traditionally marginalized sectors of society. Since the implementation of these provisions, six party-list groups have become the visible face of the left in Philippine politics. However, since 2001, the Philippines have experienced a wave of assassinations targeting leftists. These killings, an emulation of the Phoenix Program implemented by the United States in Vietnam, are designed to destroy organizations used as ‘fronts’ by the Communist Party of the Philippines and the progressive party-list groups have been specifically targeted. These killings, and the fear they generate, are an example of state terrorism and, eventually, will prove themselves to be flawed counterinsurgency doctrine because, by precluding left-wing participation in electoral politics, they force the left into armed opposition.     

安全与发展：菲律宾对华政策研究

20世纪40年代末以来的中菲关系大致可以分为四个时期：20世纪40年代末到60年代末的对华“隔离”；60年末到90年代初期马科斯和阿基诺总统期间的缓和、建交与发展时期；拉莫斯以及埃斯特拉达总统期间中菲关系的反复与进步，以及21世纪以来中菲关系的黄金时期。半个多世纪的中菲关系经历了一系列戏剧性的变化，虽然屡受一系列问题的困扰，但始终向前发展。从意识形态到实用主义，从重安全到重发展，这既是菲律宾外交政策的转变，又反映了菲律宾对华政策的脉络。     

THE MODERN CREATION OF CHINA’S ‘HISTORIC RIGHTS’ CLAIM IN THE SOUTH CHINA SEA

The overlapping territorial and maritime claims in the South China Sea threaten to spark conflict in East Asia. On several occasions in recent years, disputes over the right to extract oil and gas have caused clashes between Chinese and Southeast Asian vessels. The United Nations Convention on the Law of the Sea (UNCLOS) was agreed by almost all countries in 1982 to try to resolve such disagreements. However, the People's Republic of China is currently trying to claim rights that go beyond UNCLOS and infringe on the UNCLOS-based rights of the other claimants. It deploys two arguments in particular: that the archipelagos in the South China Sea collectively generate rights to maritime resources and that China enjoys ‘historic rights’ in the sea. Neither of these arguments is found within UNCLOS, however. This article explores the origin of these Chinese arguments and finds that the ‘historic rights’ claim can be traced to a single Taiwanese academic writing in the 1990s during a period of intense debate in Taiwan over its relationship with the PRC.     

Migration,citizenship, and the problem of moral hazard

Recent literature on international migration focuses on the benefits it confers on migrants in the form of better opportunities and living conditions, as well as on households receiving remittance. Although legal migrants in OECD countries often enjoy more rights than they would at home, this paper also looks at some of the negative aspects for sending countries. The paper uses two cases, the Philippines and Morocco, countries that have elaborated large-scale and successful policies to facilitate the export of labor and the flow of remittances. Despite decades of massive migration abroad, Morocco still has surprisingly poor social indicators, whereas the Philippines, despite much higher social indicators, has significant levels of poverty. Despite the long-term use of this development tool, migration, while opening up opportunities for people who leave home, maybe less positive for those who remain behind. Citing the views of migration experts as well as local voices, this paper examines some downsides of migration, including its use as a safety valve for discontent that may actually delay demands for needed domestic reforms that would broaden social rights at home.     

台湾当局对菲律宾华文教育的影响（1949-1975）

1949年国民党退据台湾后,利用国际环境的“有利”因素,极力促进菲律宾华文教育,意在达到影响和控制华侨社会、与中国大陆争夺东南亚华侨的文化阵地等目的。为此,台湾当局积极发展菲律宾华文教育事业。战后菲律宾华文教育的发展表明：一方面台湾当局对中华文化在菲律宾华侨社会的传承做出了积极贡献,但另一方面也导致了当地的华文教育在台湾当局的影响下带有许多消极因素。关于战后台湾在菲律宾华文教育的研究,可以为当前大陆汉语国际推广战略的实施提供许多借鉴。     

Building Neo-liberal Markets and Other Agendas: The Politics of Risk Management at AusAID

Abstract

This article analyses emerging approaches by donors to risk management, focusing on the case of the Australian Agency for International Development (AusAID). It suggests that AusAID's understanding and management of risk are expressions of particular political and social interests and, subsequently, that its approach to risk management is inherently political in nature. While AusAID's policies and guidelines on risk management identify a wide range of risks as being relevant to the agency's work – including risks to poverty reduction and sustainable development – in practice it has focused on managing risks to the building of neo-liberal markets, both within Australia and in developing countries, and the Australian government's foreign policy objectives. To illustrate these points, we present an analysis of AusAID's approach to risk management in a major economic governance project, the Philippines-Australia Partnership for Economic Governance Reforms. We conclude by indicating ways in which donor approaches to risk management can be revised to give greater attention to the needs of the poor and civil society, while acknowledging that such revisions may be contingent upon prior changes in the structure of power and interest and/or institutional characteristics of aid policy-making processes in donor countries.