Determinants of a regional organisation's role in peace and security: the African Union and the European Union compared

This article presents the determinants of the influence of regional organisations in the area of international peace and security. It is aimed at initiating and provoking debate on the preponderant factors shaping that influence. The factors or determinants treated include (1) the willingness of the regional organisation to act, (2) the acceptance of its actions and (3) its capacity to discharge such peace-related tasks. The determinants are contingent on nine sub-determinants. The article uses a comparative approach, focusing on the African Union and the European Union after placing the discussion in the context of the relationship between regional organisations and the United Nations in international peace and security efforts.     

Setting a new framework for co-operation between the Commonwealth and the European Union

This paper proposes a new approach to understanding the relations between the European Union (EU) and the Commonwealth. There has been a long-standing lack of mutual insight between the Commonwealth and the EU, chiefly due to a general lack of knowledge of the modern-day Commonwealth and its role on the international stage. The relations between both organisations are currently limited, despite the fact that there are areas of common interest, where cooperation would not only be feasible, but also beneficial. An agreement, such as that proposed in this paper could contribute significantly in the fight to eradicate poverty and uphold human rights.     

Norm dynamics and international organisations: South Africa in the African Union and International Criminal Court

Over the past two decades, South Africa has sought to perform several roles on the world stage, such as the economic dynamo of Southern Africa, a diplomatic heavyweight representing the African continent, and a norm leader on the world stage as a so-called ‘middle-power’. Although South Africa's evolution and rise as an important player in global affairs has generated a welcome body of critical scholarly literature, comparatively little analysis has been allocated to understanding how norm dynamics and the country's ever-evolving international identities have enabled it to construct and reconstruct its ‘interests’. Social constructivism is best suited for such an analysis because it can operationalise norms, commitments, identities, and interests, and it provides the epistemological tools to map the increasingly multilateral connections between global, regional, and domestic forums. By employing a rationalist approach to constructivism, this paper remedies the aforementioned gap in the literature by illustrating how South Africa constructs and reconstructs its identities and interests in relation to membership in international organisations (IOs). To that end, the paper examines the evolution of South Africa's participation in the African Union (especially ‘peacekeeping’ contributions) and the International Criminal Court. The paper concludes by assessing the theoretical implications and practical ramifications of the norm dynamics involved in South Africa's commitment to these two IOs.     

The Impact of the European Union on Sub-National Mobilization in A Unitary State: The Case of Estonia

The discussion of multi-level governance and sub-national mobilization has become a critical case for those concerned with the political and institutional consequences of European integration. The evidence so far indicates that the EU impact on the empowerment of the sub-national level has not been as uniform within member states as the multi-level governance concept traditionally would assume. This article explores the Europeanization impact on sub-national mobilization in Estonia. The results of the study address the factors affecting the emergence of multi-level governance and provide a foundation for the analysis of the possible wider applicability of these manifestations to a wider set of countries with similar territorial and political structures.     

Africa and its Diaspora: The principal reciprocal benefits to be derived from the amended Constitutive Act of the African Union

Abstract

Under article 3(q) (Objectives) of the Protocol on Amendments to the Constitutive Act of the African Union, we read the following: ‘invite and encourage the full participation of the African Diaspora as an important part of our continent, in building the African Union (AU)’. According to the AU, ‘The African Diaspora are peoples of African descent and heritage outside the continent, irrespective of their citizenship and who remain committed to contribute to the development of the continent and the building of the African Union’. Not only is this posture entirely consistent with the African development agenda and Renaissance, but it is also congruent with the recent and first-ever AU African Diaspora Summit which was convened on Friday, 25 May 2012, at the Sandton Convention Centre, Johannesburg. This is so because the Summit provided us with an excellent opportunity to continue to reflect on, and engage with, issues relevant to the development of the continent and, by extension, its multilingual and globally dispersed Diaspora. In this public lecture, it is argued that the current Amendment to the Constitutive Act of the AU in which the African Diaspora is now considered the sixth Region of the AU – an Amendment which has not yet been ratified by the requisite number of African states and one which might still be in need of some degree of disambiguation – provides the framework within which some fundamental and reciprocal benefits can be derived from an ongoing interaction between Africa and its Diaspora – especially its Older or Historic Diaspora. In essence, it is my contention that the principal reciprocal benefits that can accrue from this interaction between Africa and its Diaspora might best be captured in the language of pan-Africanisation and re-Africanisation respectively.     

东盟规范的演进及其对外部规范的借鉴:规范传播视角的分析

规范是建构主义兴起后国际关系研究的热点问题,其中,规范传播是规范研究的重要内容。现有的规范传播研究多集中于规范在组织内的纵向传播以及由发达地区向不发达地区的横向传播,并在这两个维度上探讨规范的传播机制与传播战略。东盟规范根源于东南亚地区的历史文化传统与本地经验并借鉴了部分外部经验,伴随着东南亚地区合作的形成与发展而逐步生成和不断演化。东盟规范的演进过程同时体现了规范的纵向传播以及横向传播;从"小"东盟到"大"东盟,体现出东盟规范的纵向传播;东盟规范在东亚地区主义中的作用和影响则体现了东盟规范在更大范围内的横向传播。此外,20世纪90年代以来,东盟在借鉴的基础上对部分欧洲安全规范进行了本地化,体现出外部规范对东盟的横向传播。无论是东盟规范的向外传播还是东盟对外部规范的本地化,都体现出东盟不断适应形势变化、解决自身发展问题的需要。     

Reforming sacred institutions: the Communist Party of the Soviet Union and the Roman Catholic Church compared

The Communist Party of the Soviet Union and the Roman Catholic Church (RCC) are both conceptualized as sacred institutions, with many features of ideology/theology, hierocratic structure, and policy process in common. After periods of exclusion, they both also faced strong pressures to adapt to changes in the modern world, both internal and external, and to reduce status differentiation within the hierarchy and between the clergy/apparatchiki hierarchy and the laity/population. The present article compares and contrasts de-Stalinization under Khrushchev (1956–1964) with the results of Vatican II (1959–1965), and Gorbachev’s reforms (1985–1991) with the efforts of Pope Francis to reform the RCC (2013–present). The comparisons validate the explanatory power of the noted similarities between these sacred institutions, while also highlighting significant differences in structure, mission, and process, which explain why Pope Francis has adopted an incremental strategy for reform of the RCC, in contrast to Gorbachev’s revolutionary strategy for reforming the CPSU.     

The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

The African Commission on Human and People's Rights and the future African Court of Justice and Human Rights: Comparative lessons from the European Court of Human Rights

This article focuses on two regional human rights systems — the system that exists in Africa and the mechanism that exists within the Council of Europe. It examines the development and specifics of each system to determine what lessons the African Commission and the future African Court of Justice and Human Rights can learn from the European model and its Court of Human Rights. The article also examines what can be learnt from the role of the African Commission on Human and Peoples’ Rights and the role of the present human rights court: the African Court of Human and Peoples' Rights. It examines the strengths and weaknesses of each system and the challenges that exist for each. The article also examines the experience of the European Commission, which is no longer in existence, in addition to European Court on Human Rights, which has taken over the functions of the Commission, to determine what can be drawn from their experiences. Issues examined include the institutional strengths and weaknesses of these bodies, state compliance with the decisions of the human rights institutions and the resources available to these bodies.     

白礁岛、中岩礁和南礁案的国际法解读

不久前,国际法院主要依据实际控制原则和禁止反言原则对新加坡和马来西亚之间的白礁岛、中岩礁和南礁争端作出判决,这进一步延续了国际法院在解决领土争端中运用有效控制原则的趋势.但是,应当明确的是,有效控制原则、时效原则、先占中的有效占领原则、时际法原则、关键时刻等的适用场合及条件是有区别的.根据我国对钓鱼岛、南沙群岛等享有主权的历史事实,以及对有关国家非法占有我国岛礁等行动的持续反对,实际控制原则并不适用于钓鱼岛、南沙群岛等有关领土争端.此外,我国并未接受国际法院的管辖,有关争端不会诉诸国际法院解决.但为防止有关国家利用有效控制原则,通过向无人岛屿移民等行为企图造成有效控制事实,我国应对有关争端领土加强管理和控制,而对被他国控制的无人岛屿等应采取多种手段及早解决.