伪满洲国的法律文本与人权实态

伪满成立后,颁布了殖民史上独一无二的《人权保障法》。通过对法律文本的解读,本文批驳了日本右翼史学家美化《人权保障法》的观点,还以结社权和通信自由为例,揭示了日本殖民统治下人权实态与法律规定的严重背离。可以说,伪满洲国任何冠冕堂皇的法律文本都掩盖不了三千万东北同胞生存权受到根本威胁的事实。     

Explaining lustration in Central Europe: a ‘post-communist politics’ approach

Lustration, the vetting of public officials in Central Europe for links to the communist-era security services, has been pursued most systematically in the Czech Republic, Hungary and Poland. Prior attempts to explain the pursuit or avoidance of lustration focused on the differing experiences of communist rule or transition to democracy. A closer examination finds that although the three countries in question had very different histories, there were identical demands for lustration in the early 1990s. These demands were translated into legislation at different times and varied considerably in the range of offices affected and the sanctions imposed. This article offers an explanation of this variation by focusing on the dynamics of post-communist political competition. We find that the passage of a lustration bill depended on the ability of its most ardent advocates to persuade a heterogeneous plurality of legislators that the safeguarding of democracy required it.     

Presidential mandates and ministerial institutions: Summitry of the Americas, the Organization of American States (OAS) and the Inter-American Development Bank (IDB)

The periodic Summits of the Americas are the highest form of regional multilateralism in the Western Hemisphere, but summits lack their own means to implement their mandates. Hence, Summit Plans of Action assign many initiatives to existing regional institutions, especially the Organization of American States (OAS) and the Inter-American Development Bank (IDB). But a notable difference exists in the character and degree to which these two institutions have responded to their unfunded mandates, in that the OAS has become “nested” under the hierarchy of summitry, while the IDB has eschewed subordination in favor of a “parallel” relationship pursuing largely convergent activities. Relying on extensive interviews and reviews of open source and internal documents, six variables are found to explain this differential response: ministerial authorities, competing mandates, institutional missions, internal structures, membership and leadership. Yet for both regional institutions there remains a wide gap between the directives emanating from the Summits and what the two regional institutions have been—and could be—accomplishing. The study concludes with recommendations to improve institutional design. JEL codes L31 · F42 · F02 · D73 · F1     

Power Preponderance and Domestic Politics: Explaining Regional Economic Integration in Latin America and the Caribbean, 1960-1997

As the global economy expands, there is an increasing opportunity for trade between diverse regime types. Simultaneously, human rights have become an increasingly important issue as regimes are faced with greater pressure to adopt democratic policies. As a result, it is common for contemporary western political rhetoric to advocate the use of trade policies in an attempt to deter human rights violations. Within the political science literature, the liberal position asserts that increased trade will lead to improved human rights practices. Critics of this view, on the other hand, argue that trade policies do not alter a regime's treatment of its citizens. The extent to which the level of trade in a country affects human rights remains a point of contention. This paper sets out to empirically test the liberal perspective regarding the effect of trade on human rights practices. A pooled cross-sectional time series analysis is utilized to investigate the effects of trade on human rights. We examine developing countries from 1976 to 1996. We find support for the liberal position, specifically that trade is negatively related to human rights violations.     

Sometimes You Just Have to Leave: Domestic Threats and Forced Migration, 1964-1989

In this study we explore why persons flee their homes to become refugees and internally displaced persons. We contend that individuals will tend to flee when the integrity of their person is threatened. Further, we argue that they will flee toward countries where they expect conditions to be better. We conduct statistical analyses using fixed effects least squares, on a pooled cross-sectional time-series data set, consisting of data from 129 countries for the years 1964-1989. Our findings support the conclusion that threats to personal integrity are of primary importance in leading people to abandon their homes. Measures of state threats to personal integrity, dissident threats to personal integrity, and joint state-dissident threats each have statistically significant and substantively important effects on migrant production. We also find that countries making moves toward democracy tend to have greater number of forced migrants, once other factors are considered. We conclude the analysis by identifying several lucrative areas for further investigation.