国际人权公约与人权保护——国内司法实施的分析

国际人权公约设定了国家对个人的义务。在国内层面上 ,缔约国应采取立法、司法等措施履行国际人权公约规定的义务。缔约国国内层面的实施是国际人权公约实施的基础和关键。国际人权公约能否在缔约国国内法院得到直接适用 ,是由各国国内法予以决定的。按照我国法律 ,国际人权公约基本上不能在国内法院得以直接适用。     

Transnational Terror and Human Rights

Do terrorist attacks by transnational groups lead governments to restrict human rights? Conventional wisdom holds that governments restrict rights to forestall additional attacks, to more effectively pursue suspected terrorists, and as an excuse to suppress their political opponents. But the logic connecting terrorist attacks to subsequent repression and the empirical research that addresses this issue suffer from important flaws. We analyze pooled data on the human rights behavior of governments from 1981 to 2003. Our key independent variable of interest is transnational terrorist attacks, and the analysis also controls for factors that existing studies have found influence respect for human rights. Repeated terrorist attacks lead governments to engage in more extrajudicial killings and disappearances, but have no discernable influence on government use of torture and of political imprisonment or on empowerment rights such as freedom of speech, assembly, and religion. This finding has important implications for how we think about the effects of terrorism and the policy responses of states, non-governmental organizations, and international institutions interested in protecting human rights.     

Terrorism and Human Rights: A Defence Lawyer's Perspective

ABSTRACT

The author of this article is one of the attorneys appointed to represent Zacarias Moussaoui in the United States. Mr. Moussaoui is the only person facing criminal charges for alleged involvement in the September 11 plot. The author describes the system of government in the United States with a specific emphasis on several terrorism cases pending in the United States. He seeks to assure the readers that the rule of law is paramount in the United States. Recent decisions of the Supreme Court—in the Hamdi and Guantanamo cases—that confirm the constitutional rights of even the most dedicated enemies of the United States, which decisions post-date this submission, only affirm the writer's theme.     

对人权的系统诠释--《人权:概念与标准》一书评介

20世纪末 ,人权经常被冠之以人类的“共同遗产”或“共同语言”。在人权国际化的大潮下 ,联合国体系和地区组织通过的人权文书数目繁多 ,人权教育面临新挑战。联合国教科文组织近年来组织出版了一系列关于人权的书籍来满足不同需要 ,2 0 0 0年出版的《人权 :概念与标准 (ＨｕｍａｎＲｉｇｈｔｓ :ＣｏｎｃｅｐｔａｎｄＳｔａｎｄａｒｄｓ)》是该组织出版的一本力作。该书由联合国教科文组织和平、人权、民主和宽容部主任贾努兹·西蒙奈德思 (ＪａｎｕｓｚＳｙｍｏｎｉｄｅｓ)主编 ,作者来自美国、挪威、乌拉圭、俄罗斯、奥地利、土耳其、波…     

亚洲区域性人权机制:理念与构建

本文从归属认同、利益依赖、救济便利等方面,对区域性人权机制与联合国人权机制进行了比较。文章认为,亚洲区域性人权机制缺乏实质性制度安排,其根源在于政治、经济、历史、文化差异的障碍,冷战的消极影响,跨区域组织的“离心力”,次区域组织的“越位”,统一性、综合性区域组织的缺位等因素的综合作用。文章还对亚洲人权合作制度性建设等问题提出了看法。     

Mismatched Deterrents: Preventing the Use of Nuclear, Biological, and Chemical Weapons

The basic logic of graduated deterrence worked fairly well against the Soviet Union, as each level of aggression was to be deterred by a matching response. But this logic has now been undermined vis-à-vis future rogue state chemical and biological attacks by the spread of dual-use technologies that can be diverted to weapons, and by decisions of the United States and other democracies to forego possession of chemical or biological weapons. This article identifies some of the serious difficulties of alternative approaches to deterring chemical or biological attacks, ranging from nuclear escalation to a reliance on supposed American advantages in conventional weapons. Lumping chemical and biological weapons together with nuclear weapons into a new category of weapons of mass destruction is a very imperfect solution.     

论苏联解体后的“核遗产”及核扩散危机

苏联解体后其庞大的核武库也一分为四,在核武器系统、核材料、核科学家及核技术等三个层次都出现了失控的核扩散危机。以美国为首的国际社会从各个方面给予了大力援助,使前苏联庞大的"核遗产"得到了妥善的处理。因苏联解体而一度出现的核国家增多的问题得以解决,核扩散危机也基本得到消除。这不仅有效地捍卫了国际核不扩散体制,而且在实践上也是对国际核不扩散机制的补充和发展,对人类社会的和平与安全也是重大的贡献。当朝鲜和伊朗核问题屡成危机而长期困扰国际社会时,我们重温这段历史,也具有深刻的现实意义。     

Chinese National Oil Companies and Human Rights

China's efforts to secure foreign oil and natural gas to meet its growing energy demand are contributing to massive human rights violations in Sudan and Burma. These human rights conflicts, significantly influenced by abundant oil and gas reserves, have strained U.S.-China relations and complicated international efforts to create a more effective architecture to address both rights crises and conflict management over energy resources. The United States and its allies should not only engage Beijing but also bring Chinese national oil companies into the international energy market as stakeholders. Failure to address these matters could encourage other parties seeking scarce energy supplies to take similar compromises on human rights as they court questionable oil regimes, a development that would be detrimental to international peace and security.