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1.
国际法律程序包含了司法程序和仲裁程序。在上述程序中,国际司法程序中的法官和国际仲裁程序中的仲裁员的个人因素都或多或少会在法律活动中产生一定影响。国际司法程序的法官具有独立性,需宣誓只效忠法院或法庭,但其独立性是相对的,选举阶段的政治因素以及当选后法官的国籍、思想、观念都会影响他/她对案件的处理;国际仲裁程序的仲裁员的独立性较之国际法院和国际海洋法法庭等国际司法机构的法官更显不足,争端当事方指定的仲裁员往往代表其利益,维护其立场。在国际法律程序中,法官和仲裁员会在程序规则的制定、传唤证人或专家及视察涉案地点、收受证据、查明事实和法律、对判决结果发表个别意见和反对意见等诸多法律环节拥有一定权利并发挥一定作用。了解和掌握上述法律程序以及法官和仲裁员的个人作用,对于中国已卷入的菲律宾发起的强制仲裁案件以及未来的潜在案件会有所帮助。在中国暂未参与仲裁程序,而且放弃指派仲裁员的情况下,对仲裁员因素的研究有利于监督和避免不利于中国的人为因素的影响,同时一旦中国在未来以某种形式参与到仲裁程序时,需在规则范围内去发挥和制造有利于中国的人为因素的影响。  相似文献   

2.
随着气候地缘对世界格局变迁影响的不断增强,气候安全逐步成为霸权护持的新型塑造变量,即霸权国以气候威胁识别与安全保障为抓手,全面提升自身在全球低碳转型中的军事、经济、制度和话语霸权。经过二十余年的气候议题安全化进程,美国已形成较为完备的气候安全战略。拜登政府将应对气候危机全面嵌入内政外交之中,通过多种路径推进其气候安全战略,包括凝聚盟友气候危机共识并启动北约气候安全框架;增强军队气候韧性以推进全球气候地缘敏感地区的军事部署;强化美国在绿色技术联盟与清洁能源供应链中的主导地位;提升自身在全球气候安全治理中的议题设置权与话语权;在“印太”框架下主导符合气候安全与人权规则的可持续基建标准等。但美国这种“国家安全至上”的全球气候安全拓展路径难以在国家安全目标和人类安全目标之间达成平衡,气候危机应对需要兼顾广大发展中国家的权益,在“发展—安全”理念基础上推进平衡、协调、包容的全球气候安全治理新秩序。  相似文献   

3.
This article explores whether and in what sense there is a "United Nations policy," a topic unexplored in the literature. The UN's universal character provides legitimacy, a precious asset in formulating global public policy. It is thus the forum of choice for regime negotiation and norm promotion for contested contemporary challenges, reflecting its comparative advantage and its unique ability to formulate policies that aspire to universal application and relevance. This essay explores the UN's particular contribution to global problem solving for terrorism, sustainability, and controlling pandemics in order to show, through these three illustrations, how the United Nations contributes to the advance or retreat of global governance.  相似文献   

4.
作为对华海上竞争的工具,美国在南海的\"灰色地带行动\"很大程度上利用了《联合国海洋法公约》的模糊性,其中包括《公约》下军事活动界定的标准不明。事实上,海上军事活动的界定作为《公约》的遗留问题,一直备受理论界关注,但时至今日在国际司法实践中仍然争议不断,加之当下还面临着传统海洋强国与以中国为代表的新兴海洋大国的利益冲突加剧、主权国家的海上活动形式日益丰富等新挑战,导致海上军事活动的界定变得更加错综复杂。根据国际司法实践,在军事活动的界定中法庭或仲裁庭主要关注主体因素、行为方式和活动目的,这三个要素构建起了以海上活动的主体为初步证据、重点考察行为方式、在有限范围内兼顾活动目的的界定思路。对中国而言,以实证视角审视作为美国南海典型\"灰色地带行动\"的\"航行自由行动\",有助于客观全面认识其法律性质,进而从国际法层面有力回击美国的海上霸权行为,助力完善应对美国南海\"灰色地带行动\"的中国方案,最终在实现强化南海维权执法的同时,避免冲突失控,妥善处理波谲云诡的南海局势。  相似文献   

5.
    
ABSTRACT

Three main drivers underlie states’ intent to expand gas supply: energy security, geopolitics and climate goals. Such considerations also drive Greece’s expansive gas policy, but come with significant caveats. First, pipeline politics entails geopolitical costs and inflated anticipated gains. Second, while gas supply has yielded energy security for Greece, its cost-effectiveness is contentious. Third, the gas option obscures the transition to smart, clean energy sources and systems. A rational actor model within a rationalist-weak cognitivist framework can account for Greece’s gas policy. Yet, its limited success points to the need for a clean energy policy promising higher climate, energy and geopolitical gains.  相似文献   

6.
Voting behavior in international organizations, most notably in the United Nations General Assembly (UNGA), is often used to infer the similarity of foreign policy preferences of member states. Most of these measures ignore, however, that particular covoting patterns may appear simply by chance (Häge 2011) and that these patterns of agreement (or the absence thereof) are only observable if decisions are reached through roll-call votes. As the relative frequency of roll-call votes changes considerably over time in most international organizations, currently used similarity and affinity measures offer a misleading picture. Based on a complete data set of UNGA resolution decisions, we demonstrate how taking different forms of chance agreement and the relative prevalence of consensus decisions into account affects conclusions about the effect of the similarity of member states’ foreign policy positions on foreign aid allocation.  相似文献   

7.
    
This preliminary study traces how climate change came to be viewedas a security issue in the United States through a review of policy documents andreports prepared for and by the US security sector. The paper draws upon the ideasof constructivist schools of security studies to provide an analytical framework forunderstanding the meaning of the securitization process as it has occurred in theUnited States. It then refl ects upon the adequacy of those frameworks to interpret thesecuritization of climate change. In the US, new knowledge of the phenomenon ofclimate change was fi rst constructed in the research sector, in the fi elds of meteorologyand atmospheric science. Environmental and Earth sciences then became a locus ofresearch, and climate change fi rst entered security discourse as a topic of environmentalprotection. As the implications of climate change and its potential impact on waterresources, food production, diseases, infrastructure, and human migration came tothe attention of the security sector, this knowledge stimulated an internal discourse,where each new document functioned both as a new securitization statement and as apolicy response to prior documents in a chain of discourse. Actors in this securitizationprocess included not only “speakers” making a securitization claim (knowledge claim)and “audiences” that accept or reject a claim. Importantly, it also included actors whowere instrumental in translating knowledge between research and security sectors. Thisbrief consideration suggests that social science theories that center on practice are morerobust than those that center on discourse for interpreting the securitization of climatechange. Improved analytic frameworks need to better account for actors whose role isto transfer and translate knowledge from one sector to another.  相似文献   

8.
    
《Japan Forum》2012,24(3):399-416
Abstract

This article analyses the various motives behind Japan's response to the December 2004 Asian earthquake and tsunami. There was no mono-causal explanation for Japan's tsunami aid policy. The various state, non-state and private actors involved in the policy-making and implementation process each had their own motives but were united by a genuine spirit of humanitarian goodwill. Nevertheless, the tragedy did provide the Japanese government with an opportunity to promote a security agenda by enhancing the legitimacy of the Self-Defence Forces (SDF) and strengthening military relations with the US. Tokyo also took advantage of the tsunami to pursue politico-diplomatic objectives. Prominent among these were two interrelated goals: the bid for a permanent seat on the United Nations Security Council (UNSC) and a desire to diplomatically outshine China.  相似文献   

9.
    
In a complex and multilevel regime, countries' national and international strategies to address climate change may considerably differ. Adopting an actor‐centered approach, the aim of this article is to outline and understand the potential difference between a nation's domestic climate policy and its position in the international climate regime. We adopt social network analysis focusing on actors' identification, their relational profiles, interests, and resources. Through survey data and content analysis, we focus on those actors' positions within Swiss national and foreign climate policy. Results show that it is crucial to identify actors that participate in both the national and foreign policymaking. But participation on two levels seems to be a necessary but not sufficient condition. Actors should play a central role in both processes, and defend similar policy interests on the two levels, in order for them to be able to coordinate actions and produce coherent outputs in overlapping subsystems.  相似文献   

10.
通过分析安全研究领域中人们普遍采用的几种建构主义安全化研究理论,来解读美国气候变化问题安全化的过程,可以发现:在诠释气候变化问题的安全化过程这个问题上,以实践为核心的社会科学理论或分析性框架比注重话语分析的社会科学理论或分析性框架更加有效。强调将实践上的变化作为成功构建安全的标准,这就将目标指向了如何将科学认识加以社会构建这一理论工作。把安全化当做一种更为普遍的认识构建过程的一个具体案例,这将可能将我们导向一种理论的改良,这种改良的理论所要描述的是一个更为广大的由行为主体和网络构成的整体构架,一个随时间推移产生的新兴现象的知识演变过程,一个文件与言论发挥多重作用的复杂话语体系。此外,要想更好地理解气候变化问题在国家层面上的安全化进程,一个很有价值的做法就是进行比较案例研究,特别是同以中国为代表的国家进行对比,因为中国在气候政策决策上推行的是一种经济发展框架。中美在气候政策方面的关系缓和推动了2015年巴黎气候大会的召开,这一事例将为比较案例研究提供一个有趣的框架。  相似文献   

11.
联合国安理会内气候变化与安全的辩论已经持续十几年之久,但是这些辩论并未达成有关气候变化与安全的普遍性决议。既有的研究文献大多利用安全化理论来描述和解释这个过程,但是缺乏解释力和叙事的完整性。安全化理论的一个重要局限是忽视安全化进程中听众的能动性,因此无法对安理会气候变化与安全辩论的整个进程和结果提供令人信服的解释。作者建立了一个新的比较分析框架,据此对这些辩论的逐字会议记录进行了较为完整的分析,并提出辩论中其实存在着两种话语实践,代表着对气候变化的安全风险和应对途径的两种认知和逻辑,而不仅仅是安全化的途径和逻辑。从政策的角度看,安理会内气候变化与安全辩论虽然存在有限的共识,但面临着巨大的认知差异、话语竞争和逻辑分歧,通过具有约束力的普遍性决议的政治可行性较低,以《联合国气候变化框架公约》为基础的全球气候变化治理机制是应对气候变化问题的最具权威性、合法性、普遍性和专业性的治理安排。中国作为安理会常任理事国,不仅应维护该机制的主渠道地位,也应在安理会气候变化与安全辩论中发挥更大作用。  相似文献   

12.
    
The European Union (EU) post-COVID-19 investment and reform programme, the Recovery and Resilience Facility (RRF), has been hailed as novel and ambitious, both as a fiscal instrument and as a lever for accelerating progress towards EU climate commitments. Yet, its design also exhibits strong path dependency, drawing on existing processes and commitments. Adapting theories of institutional change and models of hard/soft governance, we argue that the RRF is an example of significant yet gradual change – of evolution rather than revolution – taking place via layering and conversion of existing frameworks, and alteration of their logics of action. We show how the RRF repurposes the European Semester and track continuity and change in climate policy, a key priority area. Our findings suggest that the literature on institutional change should give greater consideration to the interplay between layering and conversion as a mechanism of gradual yet transformative evolution.  相似文献   

13.
    
The EU is reputed to be a climate pioneer. However, the EU has been beset by crises, with potentially negative consequences for climate ambitions. The coding and analysis of EU climate legislation between 1998 and 2015 reveal that while the rate of creating climate policy has increased since the onset of the crisis, the ambition of these policies has waned. Technical policy instruments (comitology) at the EU level, namely delegated and implementing acts (DIA), are analysed alongside the legislation adopted under the ordinary legislative procedure (OLP). If they were applied as indicated in the treaties, the technical DIA measures should not influence the EU's policy ambitions, but in fact, during the crisis era, DIA measures were used more frequently than during the pre-crisis era, and used in three out of the four cases that weaken policy, suggesting that a minor dismantling of climate policy is taking place at EU level, but via the back door.  相似文献   

14.
    
In recent years, statements by al Qaeda leaders have included references to topics often associated with global-governance proponents’ critique of the state. This article examines the organization's attitude toward symbols of global governance, giving particular attention to its view of the United Nations as the foundation for global governance, and to the manner in which al Qaeda approaches the central questions of environmental threats and human rights. The organization is seeking to insert itself into the discourse of global governance and use it in an instrumental manner; it focuses on anti-Western narrative and seeks to expose the existing order as designed by Western powers, particularly the United States, for self-serving reasons. However, the article argues, notwithstanding al Qaeda's reputation for sophistication in manipulating public opinion, the organization's references to global governance underscore the limitations its rigid ideology imposes on its messaging efforts. Even though adopting the global governance discourse is in line with the group's effort to improve its image, al Qaeda's extremist ideology limits its ability to take full advantage of the benefits this discourse offers.  相似文献   

15.
ABSTRACT

Increasingly, a diverse set of policy communities, including those with defence, development and environmental mandates, frame climate change as a security threat. Most often this discursive formation labels climate change as a ‘threat multiplier’. This framing, however, is vague, linear and leaves many questions unanswered regarding how institutions can develop and implement policy that addresses the joint challenges of climate change, conflict and security. Utilising a mixed-methods approach, and grounding data collection in US policy communities, this article examines how policy actors and institutions integrate climate-security discourses into policy processes. The objective of this research is to provide direct insight into how the discourses and technical understandings of climate-security transition into policy priorities and implementation realities. This research identified three common approaches to climate-security: (1) A challenge of adaptation and resilience; (2) A potent political argument; and (3) An issue of limited importance and feasibility. These approaches, however, are inconsistent across sectors and within organisations, suggesting a lack of cohesion and considerable challenges in identifying and responding to climate change as a ‘threat multiplier’.  相似文献   

16.
    
This paper examines how mainstreaming of urban climate change resilience – a crucial consideration in an increasingly urbanised world – is occurring at both the city and national scale, using the case of an internationally-funded resilience-building initiative in India. Surat city's newly-established Climate Change Trust illustrates the importance of an institutionalised mechanism for coordinating and sustaining climate initiatives. Concurrently, climate resilience is being mainstreamed into the national urban development agenda, through a network of Indian institutions. These two nascent mechanisms offer avenues for local city-level experiences to inform national directives, driving and sustaining the urban climate adaptation agenda across India.  相似文献   

17.
    
Negotiation analysis of climate change–related issues has largely focused on public dispute resolution mechanisms that are typically applied in the face of specific environmental crises, or on multiparty diplomacy relating to international climate agreements. Mayors and other municipal leaders, however, are increasingly taking steps to negotiate urban planning efforts with stakeholders to implement policies for managing the intensifying impact of climate change. In this article, we analyze negotiations in Houston, Texas, and Fort Lauderdale, Florida, to identify which methods municipal leaders employed to conduct negotiations to implement climate adaptation policies and also consider whether those methods were effective. The two cities present two differing city management structures: Houston has a strong mayor‐driven system, while Fort Lauderdale uses a city commission and city manager system. In this article, we examine the barriers that leaders must overcome and consider their options for negotiating lasting agreements.  相似文献   

18.
    
This research contributes to the literatures of Europeanization and European public administration by investigating EU rule advancement outside Europe. The article argues that the European Commission requires professional networks to advance the European Union (EU) acquis in Morocco and Algeria regarding climate change mitigation. However, certain conditions determine its network‐building efforts outside Europe. Functional interests and sectoral interdependence provide the Commission with increased bargaining power in Morocco. Thus, market access and expertise offers trigger Morocco to develop technical dialogue over renewable energies. Instead, a Commission‐led technical network over renewable energies creates antagonistic relations with the Algerian state elite. An alternative energy relationship with Europe beyond conventional resources could incur revenue losses for the state and a shift towards a different economic model. As a result, state hierarchies intervene in network‐building and lead professionals to stagnant outcomes. The study takes an actor‐centred approach, opting for proximity in network operations.  相似文献   

19.
    
To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos.  相似文献   

20.
    
Bangladesh is one of the first least developed countries (LDCs) to develop a long-term climate change strategy, the Bangladesh Climate Change Strategy and Action Plan (BCCSAP). Two funds were set up after developing the BCCSAP, one using government resources (BCCTF) and the other using donor resources (BCCRF). This paper uses the “building blocks” framework to analyse changes that occur when progressing from planning to finance and implementation by comparing the BCCRF and BCCTF. This analysis reveals how governance enablers are influenced by political economy dynamics that steer funding decisions and implementation outcomes, and provides lessons for countries pursuing climate resilience.  相似文献   

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