韩日独岛争端及其借鉴意义

中国面临的岛屿争端与独岛争端有诸多相似之处。同样具有诸多重要价值的岛屿,同样存在法理之争,二战后遗留问题,一方实际控制且拒不承认存在争议,同样对海洋划界存在影响等。从韩日独岛的博弈中,总结分析韩国和日本围绕独岛的相关条约、主张及应对策略,从而为中国岛屿争端提供借鉴意义。     

新马岛屿争端之判决:依据与启示

2008年5月23日,国际法院对新马岛屿之争做出判决,将白礁岛判给了新加坡.国际法院的判词表明:有力的证据,即官方在争端事项上代表政府权力行使的言词及行为是新加坡赢得白礁岛主权的关键.因此,进行相关研究,为通过法律途径解决中国与他国之间的领土争端解决提供充分的理论和事实依据,具有重要的意义.国际法院对一些证据效力的判定也启示我们:在涉及领土争端的问题时,国家间关系的利益权衡固然重要,但在权衡时,也要尽可能地考虑这种权衡将来在法庭上可能产生的证据因素和影响.     

东盟国家间领土争端的解决:做法、争论与启示

在遇到领土争端问题时,东盟成员国没有诉诸于《东南亚友好合作条约》规定的高级委员会,而是诉诸于国际法院.虽然这一举措并没有违背《东南亚友好合作条约》的规定,但却引起了学者们关于东盟机制作用的争论.国际法院的判决就东盟国家间领土的主权归属做出了明确的判决,但也激起了失利一方强烈的民族情绪.东盟国家间解决领土争端的做法及其结果启示我们:解决复杂国际问题的最好办法还是在于政治解决.而这正是东盟所一直倡导的原则和做法.     

African Indigenous Knowledge Systems and Human Rights: Implications for Higher Education,Based on the South African Experience

ABSTRACT

Africa has rich traditions and knowledge systems founded on the principles of caring for one another and the spirit of mutual support embedded in the African philosophy of Ubuntu. These collective values tend to be marginalised in international human rights standards built on western values. The standards were developed without broad-based consultation of the different value systems in Africa. Therefore, in order to inspire sustainable implementation among diverse cultures, dialogue to develop universal human rights and obligations based on the diversity of cultures and ways of knowing is needed. Using South Africa's experience at two universities, the extent to which these institutions have attempted to incorporate African indigenous knowledge systems (AIKS) and human rights into the higher education curriculum is investigated. The implications for higher education and the human rights and development paradigms built on western knowledge systems are investigated. North-West University has been the pioneer of integrating AIKS into higher education in South Africa and is the only higher education institution in South Africa with an accredited IKS Teaching Programme at both undergraduate and postgraduate levels – which has been notably successful, albeit with some challenges. AIKS has also been integrated into research and teaching at the University of KwaZulu-Natal and has registered significant successes since 2012. The need to embed AIKS in the curriculum of higher education institutions is affirmed.     

‘This time it’s different’ – the European lead candidate procedure of 2014 and its historical background

The 2014 elections for the European Parliament (EP) witnessed a novel procedure: the lead candidate (or Spitzenkandidaten) procedure, which was to (and did in fact) link the polling results to the nomination of the new European Commission President. This article investigates the procedure’s historical background from a long-term parliamentary perspective. It points out that there were three factors or developments that explain its introduction: the EP’s assertive political culture, increasing attention for the EP’s representative function and the support of prominent political actors who were able to make a difference.     

国际法视角下的柏威夏寺领土争端及其对我国的启示

柬埔寨、泰国间的柏威夏寺领土争端吸引了全世界的关注.联合国国际法院曾于1962年对柬埔寨与泰国间的柏威夏寺领土争端案进行裁判,该裁判对国际领土争端的相关原则进行了阐释和重申,在国际法上产生了广泛的影响.对这一裁判进行回顾和解析,不仅有利于我们更好地了解当前柬埔寨与泰国间关于柏威夏寺的争端,也可对我国边界争端的解决提供某种借鉴.     

Role conflicts in foreign policy: Nigeria’s dilemma over Bakassi Peninsula*

ABSTRACT

Post independence President of Cameroon, Ahmadou Ahidjo, a Fulani, like his kith and kin in Northern Nigeria, was quite supportive of Nigeria in her war with the separatist Biafra. At the end of the war, he laboured to convince Nigeria to a boundary demarcation that would place Bakassi Peninsula firmly on the side of Cameroon. Nigeria as at 1975, ensured to remain grateful to an African country that helped her during the civil war. The show of gratitude from Nigeria triggered eventually, a bellicose relation with Cameroon. Though un-confessed, Nigeria was beset with several role conflicts in her border dispute with Cameroon, since the peninsula had been inhabited by Nigerians from the pre-colonial times. This paper examines the causes and manifestations of these conflicts. To do this, the role theory framework is used. It is revealed that Nigeria’s cognitive assertions were in conflict over her material interests on Bakassi Peninsula.     

The Sri Lankan Transitional Justice Process: Too Little,Too Late?

ABSTRACT

Three years after Sri Lanka committed to a comprehensive transitional justice (TJ) process through the co-sponsoring of UN Human Rights Council Resolution 30/1, progress on the TJ front has not been satisfactory. In fact, delays in decision-making have hindered progress on transitional justice. First, the nation-wide consultations that were supposed to precede the establishment of the proposed TJ mechanisms lasted for nearly a year. This prevented swift progress at a time when political conditions for TJ were arguably most favourable. In addition, decisions were made to implement the 2015 reform agenda in a way that would not give priority to TJ as a whole and would further delay the implementation of its most controversial measures. These delays have been constructed or exploited by those—including within government—who do not support the TJ agenda. In fact, since 2015, the President as well as ministers have made statements that cast doubt on their commitment to TJ. The government’s lack of genuine interest in TJ was further evidenced by its failure to present a comprehensive plan for the implementation of UNHRC Resolution 30/1 and carry out a public outreach campaign based on such a plan.     

Good governance and democratic leadership for an African Renaissance: A reflection on AU member states’ compliance with the AUCPCC

Abstract

After decades of corrupt post-colonial governance, African leaders collectively acknowledged that good governance was a prerequisite for African renewal and required an unprecedented fight against corruption prevailing on the continent. The Constitutive Act of the African Union (CA-AU) features good governance among its objectives and principles. Good governance was stressed further in subsequent AU instruments adopted within the framework of the New Partnership for Africa's Development (NEPAD) and its African Peer-Review Mechanism (APRM). AU leaders’ commitment to fighting corruption culminated in the adoption of the African Union Convention on Preventing and Combating Corruption (AUCPCC).

As Africans prepare to commemorate the first decade since the adoption of the AUCPCC, this article reflects on AU member states’ compliance with this instrument, the challenges, and the prospects for a successful fight against corruption. It argues that despite some progress made, this scourge remains unabated and has even aggravated. Most African states have failed to comply fully with the AUCPCC. However, the fight against corruption should be strengthened with the participation of all the stakeholders at national, regional and international levels. Partnerships have to be built and consolidated without neglecting the crucial contribution of the people under a democratic leadership committed to good governance in order to achieve an African Renaissance in the 21^st century.     

In search of international criminal justice in Africa: What role for the United Nations?

The International Criminal Court (ICC) ran into considerable controversy almost immediately after its creation. More than 10 years later, the tension between the court and the AU is palpable. The court’s perceived political prosecutions as well as procedural flaws in light of the power bestowed on the UN Security Council under Article 13(b) of the Rome Statute are some of the areas of contention. However, despite the obvious flaws of the ICC, there is also widespread scepticism that the AU can be trusted to mobilise sufficient political will to deliver justice on the continent, more so in cases where the perpetrators are sitting heads of state or government. In lieu of cooperation with the ICC and the UN, can the AU deliver justice to victims of gross human rights abuses? Are extraordinary African Chambers such as the one created in Senegal to try the former Chadian dictator Hissene Habre an alternative to the ICC? This article argues that it is only through a partnership of convenience between the AU and the UN that victims of human rights abuses on the continent can access justice. Furthermore, the article opines that calls for African states to withdraw from the ICC en mass must be vigorously opposed.     

A historical and dignity‐centred perspective on Haiti's struggle for justice

Abstract

In 1804 Haitian and African revolutionaries defeated their French former masters to achieve the only successful slave revolt in history. In C. L. R. James's (1963, 391) standard account of this event, it is described as the moment West Indians first became aware of themselves as a people. Slavery was abolished and Haiti was transformed to a legal sanctuary for all Africa ‐ descended people seeking freedom; a great justice milestone. However, the country's subsequent 200‐year history has been dominated by the struggle for justice; crippled by a dysfunctional judicial system with ‘justice’ bought and sold to the highest bidder. What justice? Better yet, whose perspective of justice? This article attempts to explicate a Haitian conception of justice by looking at the historical underpinnings of justice theories in Haiti, the ‘inside‐the‐court formal system and the outside‐the‐court form of community justice’ (Moore 1992, 15). It argues that for any system of justice to work it must be based on a Haitian perspective of justice grounded in Haiti's history and its dignity‐centred approach to justice.