司法独立:为什么

本文试图在理论上系统回答司法独立的理论渊源。认为司法独立是由三方面原因所引起的:一是司法对社会起作用的方式;二是司法在现代宪政秩序的结构性关系中所扮演的角色;三是司法的根本价值即保护人的基本权利。在根本上,司法独立还是现代国家发展起来的司法中立性和自主性的必然要求。     

试析我国高校内部学术管理行政化倾向

高校是学术性机构 ,学术管理是高校管理的中心内容之一。我国高校的学术管理存在着明显的“行政导向” ,高校应按照自己独有的规律 ,把重点放在基层 ,进行有效的学术管理 ,赋予广大教师充分的学术自主权 ,以促进高校更好地发挥其培养人才、发展科学的职能     

Tracing the terrain of Indigenous food sovereignties

Food sovereignty scholars are increasingly re-conceptualizing sovereignty by accounting for its diverse expressions across space according to specific histories, identities, and local socio-ecological realities and dynamics. In grappling with the multiple bases of sovereignty, attention has been directed toward Indigenous food sovereignty in North America. Specifically, food scholars are examining how the regeneration of Indigenous food harvesting and sharing practices shapes movements for decolonization and self-determination. While this is a crucial and much-welcomed intervention, much more is needed to understand the diverse Indigenous political and legal orders and authorities that shape how multiple Indigenous food sovereignties are lived every day across diverse landscapes. In this contribution, I examine how Anishinaabe people in and beyond the Treaty 3 territory in Ontario, Canada, protect and renew their food harvesting grounds, waters and foodways through everyday acts of resurgence that are rooted in their law of mino bimaadiziwin.     

对苏维埃联盟的成立和苏联宪法的历史分析

沙皇俄国遗留给苏联的民族问题是一份沉重的历史遗产。苏联的成立过程中充分体现了列宁的民族平等、自愿和民族自决的原则。1924年颁布的苏联宪法是人类历史上第一部社会主义宪法,它的历史意义无疑是巨大的,它以法律的形式巩固了十月革命和社会主义建设的成果。但是这部宪法也遗留下致命的缺陷,为日后苏联的解体埋下了隐患。     

‘Look to yourselves,that we lose not those things which we have wrought.’ What do the proposed changes to the purpose limitation principle mean for public bodies' rights to access third-party data?

This article analyses the proposed changes to the purpose limitation principles contained in the draft Data Protection Regulation adopted by the European Commission in January 2012. It examines the historical motives for the introduction of the principle as part of the 1995 Data Protection Directive, and looks at the constitutional framework under which it operates both at EU and member state level. It considers the risks and long-term consequences that EU citizens may face if the principle is eroded or substantially abandoned.     

‘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.     

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.     

The future of self-determination and territorial integrity in the Asian Century

Abstract

The twentieth century saw the rise of two important and interrelated norms. The first is the norm of self-determination, which advances the right of stateless nations to govern themselves. The second is the norm of territorial integrity, which upholds the principle that political borders should be respected. A consequence of these norms has been an increase in secessionism, a decline in conquest, and a proliferation of states. This paper will examine the development of these norms, their interrelationship, and their prospects for the future. Attention will be given to three important questions: (1) Under what conditions does a norm endure beyond a power transition? (2) How likely is an ascendant China or India to support the norms? (3) What does a power transition and the corresponding support of these norms augur for the future of secession, conquest, and the number of sovereign states?     

Will the North’s secessionist winds blow South? The past,present, and future of self-determination and border change in Africa

World politics tend to go through cycles of long periods of stable borders followed by bursts of secessionist movements. For this reason, it is important to examine whether the two recent cases of secessionism in the Northern Hemisphere symbolise such a turn in world politics. After reviewing the Catalan and Kurdish secessionist movements, the article turns to the history of secessionism in order to distil comparative insights and lessons. The main part of the article examines six categories of secessionism in Africa. In particular, the emphasis is on highlighting the various historical patterns of self-determination and border change in Africa. The final part is a comparative reflection on the future of secessionism in Africa.     

Regionalism and Colonialism in Contemporary Oceania

Abstract

Regionalism in Oceania emerged in a context shaped both by the decolonisation movement as well as the Cold War, the dynamics of which are still being played out today. This article considers two cases of particular interest in current regional politics which illustrate a number of important contradictions in conventional approaches to the analysis of colonialism. The first involves the two larger French territories in the region – New Caledonia and French Polynesia – which have recently been admitted to full membership of the Pacific Islands Forum despite falling short of the technical requirements for such membership, namely independent status. The second concerns Indonesia’s claim to sovereignty over West Papua. Although this claim has been recognised in international law since 1969, its basis is highly suspect and Indonesia’s record from the start is arguably tantamount to a repressive form of colonialism enabled by the United Nations itself. Placed in comparative perspective, these cases invite us to reconsider just what colonialism on the one hand and self-determination on the other really mean in the contemporary period.