论人道主义干涉及其严格限制--一种侧重于伦理和法理的阐析

人道主义干涉往往成为大国霸权主义的政治工具,所以必须对这类干涉予以符合伦理和法理的严格限制.本文认为,一项人道主义干涉要能够是合理与合法的,就须同时具备至少六项限制性的先决条件,特别是必须有严格限定的正当理由,必须由联合国作为唯一合法的国际干涉权威来发动、进行或监管,必须仅仅将武力的使用当作不得已的最后手段,而其使用方式和预期后果必须是适当的.     

Humanitarian Intervention and Communal Civil Wars:

How do policymakers in democratic nations mobilize support for hard-line strategies? Existing answers to this question emphasize the exaggeration of external threats. Yet this overlooks an important dilemma: because democratic citizens expect their leaders to explore peaceful solutions or less aggressive alternatives when foreign dangers are ambiguous, the same conditions that make threat inflation necessary also make it difficult to employ successfully. To mobilize support for hard-line measures when the public wants its leaders to demonstrate restraint, policymakers may therefore attempt to shift blame onto an adversary by using “counterfeit diplomacy.” Specifically, democratic leaders may adopt more cooperative or less coercive options than they believe are necessary, but which they anticipate will fail. This approach can be a risky one, however, because an opponent might accept a nation's demands, accede to its conditions, or offer counterproposals in the hope of diffusing support for more confrontational measures.     

浅议人道主义干预的立法规制

在国际伦理上 ,人道主义干预是有其存在意义的 ,但在现实中它却与强权扩张结下不解之缘 ,被称作“潘多拉的盒子”。理想与现实冲突的困境 ,根源于人道主义干预的制度化缺失。本文针对学界研究的薄弱之处 ,着墨于现行国际法框架下的人道主义干预的立法规制 ;主张将人道主义干预纳入联合国集体安全机制 ,明确规定单方面人道主义干预的非法性 ,并从原则、实施条件、程序设计三个层次对立法规制进行探讨 ,其中对个别程序作出设计 ;试图在理想与现实的夹缝里寻求一条将人道主义干预引向理性与制度化的道路。     

Moral Agency and Moral Responsibility in Humanitarian Intervention

This paper sets out a preliminary taxonomy of potential collective moral agents in humanitarian intervention, based on six recent cases involving international organisations. The settings for the cases are Northern Iraq, Somalia, Bosnia-Herzegovina, Haiti, Rwanda, and Kosovo. Attributing moral responsibility to a group actor requires first discovering whether its characteristics are enough like an individual moral agent's to support an analogy. Groups in humanitarian intervention that appear to choose between one course of action and another, and have a clear structure of leadership and a capacity to control their collective activities, meet criteria that characterise individual moral agents. If they can also distinguish between policies using the language of morality we can call them collective moral agents, and hence subject to some moral responsibilities.     

现代强权政治背景下的人道主义干涉

干涉主义的“复兴”作为苏联权力集团突然解体的结果 ,世界地缘政治版图发生了深刻变化。以相互威慑保持军事力量平衡为特征的两极体系 ,转变成一种美国作为唯一超级大国的单极秩序。在 2 1世纪开始时 ,一国拥有不受挑战的全球霸主地位的全球秩序已经成形。这种情形导致大国统治的复兴。行使“帝国”权力重新成为现实 ,以帝国规则为特征的意识形态概念即19世纪的“人道主义干涉”概念遂得以复兴。在一种帝国规则体系中———以完全缺乏权力分配为特征 ,霸主可以在不受潜在竞争者挑战的情况下追求其利益 ,创造它自己的意识形态 ,并借这种意识…     

Humanitarian Intervention After Iraq: Legal Ideals vs. Military Realities

The theory of humanitarian intervention has received new attention since the humanitarian crises of the 1990s and the United States’ becoming the world's sole superpower. The actual practice of humanitarian intervention, however, has declined. It is difficult to forge the political will for it when the countries composing the global organizations that could provide the political legitimacy disagree on an intervention, and with so few countries—mainly the United States and Great Britain—capable of providing the required expeditionary forces. Moreover, the Afghanistan and Iraq wars have diminished the United States’ political will, military capability, and diplomatic credibility to conduct future humanitarian interventions. In particular, those wars precluded its intervention in the current genocide in Darfur. Regional bodies such as the African Union may be the only entities that can, with aid and training, undertake effective interventions.     

Multilateral agencies,NGOs, and policy reform

This article examines the growth in relations that have occurred between multilateral agencies (MLAs) and non-governmental organisations (NGOs) during the past decade. It identifies three substantive debates in the MLAs on participatory development, value for money, and the role of the public sector in social service delivery that have served to promote greater interest in NGOs for efficiency reasons. The article reviews the experience of NGOs in the Bolivian Emergency Social Fund and the first attempt to create a Social Investment Fund in Guatemala. It concludes by identifying some of the obstacles that prevent the full integration of NGOs into MLA projects, even when good will exists to do so.     

The Effects and Limitations of Humanitarian Intervention from the Perspective of the No-fly Zone Practice

正In April 1991 and August 1992,with their victories in the Gulf War,the United States,the United Kingdom,and France set up thesafe areato protect the Kurdish people,and theno-fly zoneto     

"Do Ourselves Credit and Render a Lasting Service to Mankind": British Moral Prestige, Humanitarian Intervention, and the Barbary Pirates

This paper raises the issue of moral credibility in international relations and shows that considerations of preserving moral prestige can become crucial for armed humanitarian intervention. It contrasts realist and constructivist explanations about the causes of humanitarian intervention and demonstrates that traditional accounts do not provide a complete understanding of the phenomenon of intervention. In the case studied here, Britain engaged in a relatively costly humanitarian intervention against the Barbary pirates, slave trade in Christian Europeans due to her willingness to defy moral criticism and exhibit consistency with her professed moral principles. No material incentives and/or constraints influenced the British decision, and neither was it affected by a sense of felling, with regard to the Christian slaves. Instead, allegations that Britain urged Europe to abolish the black slave trade out of selfish interests, while at the same time turning a blind eye toward the Christian slave trade of the pirates, undermined British moral prestige and became the cause of the Barbary expedition.     

Humanitarian Intervention in the 19th Century: The Heyday of a Controversial Concept

This article dwells on the state of play of armed humanitarian intervention in the long 19^th century. It starts with the birth of the idea in previous centuries by jurists of the naturalist school. It then presents the behaviour of the great powers in three celebrated humanitarian cases of the 19^th century (the Greek independence struggle, the Lebanon-Syria massacres and the Bulgarian atrocities)with emphasis on their initial reluctance to intervene and their motives for intervening, as well as the role of public opinion in spurring intervention. The overall situation will be appraised with emphasis on the Christian bias and the Orientalist approach towards the Ottoman Empire. Then the views of international jurists (publicists) will be presented, followed by the attitude of major political philosophers. The overall picture that emerges in the 19^th century is one of striking relevance to today's concerns as seen by six concluding propositions.     

冷战后的人道主义干预:安全研究的视角

安全是国际政治的首要关切。随着安全情势的变迁,人道主义干预在以往三个世纪的国际事务中有着从进入到过时并在冷战时期的国际政治中一度消失的经历。冷战后全球安全形势的变化推动了人道主义干预这一该时期国际关系领域最重要的理论思潮与实践的兴起,安全与人权的联结对于理解人道主义干预的复兴至关重要。各种干预理论的提出与同期安全理论的拓展具有高度的关联性,把握安全概念及其理论研究的演化是理解人道主义干预从理论到现实之全面复兴的中心环节。然而,对安全的人本化改造在复兴了人道主义干预的同时也形成了传统的国家间安全困境外国家安全与人的安全之间新的安全两难。就人道主义干预本身的价值两难而言,这一新的安全困境的形成在于国际维度下的哪些陌生人值得拯救和国内维度下能够容忍本国士兵以何种程度的生命代价去拯救不存在共同体义务的陌生人。     

Humanitarian futures and adaptive failures

Scientific and technological change will intensify over the next two decades, profoundly affecting the global economy and the environment, as well as demographic trends and political and security structures in most parts of the world. An unintended consequence may be an exponential rise in human exposure to disasters and emergencies. Such humanitarian crises may, in no small part, be due to planners’ inability to anticipate potential hazards and to appreciate their significance, and to decision-makers’ inability to reconcile competing demands for resources. This article suggests that most disasters and emergencies are the result of an individual and institutional failure to respond effectively to change, new information and contending interests. It explores various psychosocial approaches to individual and group dynamics, and utilises a range of organisational and political-science models to evaluate potential constraints on adaptive capacities. Ultimately, it proposes a five-point strategy to assist both policy-planners and decision-makers in thinking in a more ‘non-linear’ fashion and in being more responsive to the direction and implications of change.