暴力与屠杀:刑法上的“敌人”还是刑法上的“不人道”

法律对屠杀问题的回应,始终在两种模式之间徘徊:一种是以国家刑法为给养来源的刑法上的敌人模式,另一种是源于国际刑法的刑法上的不人道模式。后者更适合屠杀的定性标准,它暗示了在大量死难者面前,对人性的否定。建立刑法上的不人道模式需要回应三个方面的问题:第一,罪的含义;第二,归责;第三,惩罚的实质。首先,根据《国际刑事法院规约》第7条,我们至少可以认为反人道模式中被保护的人性包含着两个相辅相成的要素:每个人的特殊性,以及每个人都平等地归属于人类共同体。其次,在归责问题上,我们不能满足于只制裁处于权力链条最顶端的人,还必须考虑等级体系的所有级别。最后在惩罚实质上,我们不仅要在刑罚制裁上考虑惩罚的本质,而且还需要从修复以及协商的角度看待这一问题。文章最后指出,刑法上的不人道模式成为一个可以实现的、普世的理想,尚需国际法与国内法的合作以及各个学科之间的协力。     

论“平安世博”视域下治安复杂地区长效管控机制建设

加强对治安复杂地区的管控是世博安保工作"从严从紧,以面保点"总体思路和原则的重要内容。公安机关要以世博安保工作为契机,建立与完善治安复杂地区长效管控机制,维护好社会稳定。     

抗日战争与中国共产党的现代化进程

抗日战争时期,中国共产党及其领导的抗日军民是全民族抗战的中流砥柱。中国共产党在根据地的局部执政与领导抗日战争胜利的实践过程中,得到了多方面发展,推进政治民主化,政治上逐渐走向成熟;党的指导思想的确立和整风运动统一了全党的思想和意志;提出持久战的战略方针与制定人民战争的路线使得组织上取得了有效地发展和壮大。这对中国共产党的现代化进程具有深远的历史影响,中国共产党在抗日战争时期的成熟、壮大,是中国共产党现代化进程中的很重要的转折点。     

“发现汉语”及其“天下精神”

19世纪末期,以西方国家为中心和参照的现代化进程的铺展和中国国家制度的疾速衰竭,使汉语在世界语言的中心地位也发生了颠覆式的位移,逐渐滑落到边缘地位,"汉字文化圈"也呈现出破裂的态势。21世纪,中国在政治、经济、文化各方面的现代化实践及其重大转型,为汉语的复兴和精神重建提供了一种可能性。在这种全新的时代语境和历史背景下,将重新"发现汉语"及其"天下精神"作为一种新的文化命题,这意味着以西方文化为轴心的单向度的世界文化秩序,面临着巨大的危机。以汉语复兴为切入点,中国文化将成为解构文化帝国主义的重要力量,并提供了一种可能性。同时,在重新"发现汉语"的过程中,我们应该在吸收其他语言文化资源的同时,坚持汉语及其文化形态的输出立场,摒弃中西文化之间的二元对立思维模态,建构一种语言的"天下精神",从而使汉语在文化全球化中发出中国的声音。     

Environmental effects of GATT/WTO membership: an empirical evaluation

ABSTRACT

One of the great questions for scholars of international relations and economics concerns the relationship between the World Trade Organization (WTO) and the natural environment. Does membership in the multilateral trade regime constrain environmental regulation and increase the environmental burden of national economies? Do countries pay a heavy environmental price for trade liberalization? Although this question has been debated extensively, there is little statistical evidence to contribute the debate. We provide a comprehensive statistical analysis of the environmental effects of joining the multilateral trade regime. We collected data on a variety of environmental policies, institutions, and outcomes that should be influenced by the General Agreementon Tariffs and Trade (GATT)/WTO membership if the predictions of environmental pessimists or optimists are valid. A wide range of statistical models designed to identify the causal effect of the GATT/WTO on the environmental indicators shows that joining the GATT/WTO does not have negative effects on environmental quality.     

The Political Economy of Developing Country Antidumping Investigations against China

This article draws on industry-level data to analyze the political economy of the use of the antidumping statute by 10 less developed countries (LDCs) against China. Test results suggest that Chinese import competition is an important factor explaining the pattern of LDC antidumping initiation against China. Macroeconomic factors such as gross domestic product growth rate also play some role in influencing the pattern of LDC antidumping determination against China. Importantly, statistical analyses did not yield any evidence suggesting that China's membership in the World Trade Organization has disciplined developing countries' use of the antidumping policy. The paper conjectures that China's Most-Favored-Nation status under the World Trade Organization, the designation of China as a nonmarket economy in antidumping investigations until 2016, and the retaliatory incentives generated by the growing deflection of Chinese exports to developing country markets may have overwhelmed the institutional effect of the trade organization in shaping the pattern of LDC antidumping decision making toward China.     

Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Reliability and validity of cross-national homicide data: a comparison of UN and WHO data

Data reliability and validity are methodological concerns in cross-national analyses of crime, but there is little agreement on which source of data provides the most reliable estimates. Moreover, few studies have examined the potential threat to validity posed by unclassified deaths. The current study aims to (1) assess the reliability of cross-national homicide data from the United Nations (UN) and the World Health Organization (WHO); and (2) investigate the impact of unclassified deaths on the validity of WHO data. Findings indicate that UN and WHO homicide rates (n=56) differ in magnitude, but produce similar outcomes. The UN data produce more robust results and statistical models with less error. The WHO data are more stable and reliable over time, and better suited for longitudinal analyses. Analyses drawing on WHO data should not disregard unclassified deaths because their inclusion provides a more accurate estimate of the true number of homicides.     

Ghosts in the Shell: On South Africa,the USA and Japan

This article surveys American literary responses to the rise of Japan as an economic power during the period from the late 1970s to the early 1990s, and examines how these responses were anticipated in the writings of the South African author Laurens van der Post. Paying particular attention to van der Post’s autobiography, Yet Being Someone Other (1982), I suggest that the author’s formative experiences aboard a Japanese trading vessel in 1926, coupled with South Africa’s close-knit trading relationship with Japan in the 1980s, enabled a perspective on Japan’s economic ascendancy that was markedly less reactionary than those in the USA. By emphasizing the historical contexts that held true at the time of publication, I situate Yet Being Someone Other in a framework that deliberately circumvents—without necessarily confronting—van der Post’s preferred version of his life story. Rather than “recovering” the author’s ‘place in the canon of South African literature, this article is intended to incorporate the author’s work into ongoing discussions of the representation of Japan and the Japanese in twentieth-century Anglophone writings.     

The Revolution and its Discontents: Grenadian Newspapers and Attempts to Shape Public Opinion during Political Transition

Abstract

What role did the newspaper play in attempting to influence public opinion in the early stages of the Grenada Revolution and what are the terms in which printed discourses on the revolution were conceptualised? The Grenada Revolution was a discursive political process where branding and narration were necessary elements in securing the revolution’s authority and legitimacy. This paper argues that Cuba functioned as a metonym through which the revolution was translated in Grenadian periodicals. Even before the coup of 13 March 1979 Grenadian media represented the New Jewel Movement—the revolutionary party—as Cuban-inspired and socialist. In order to examine how socialism in general, and the socialist character of the People’s Revolutionary Government (PRG) in particular, was narrated, a comparison is staged between two newspapers—the government-run Free West Indian and the privately owned The Torchlight. Competing discourses on Cuban communism are analysed for the ways in which they stood-in for the Grenadian people’s hopes, aspirations and anxieties in the midst of radical political change. Issues including race, gender equality, property ownership, freedom of religious practice and freedom of travel are examined in relation to capitalism and socialism, and the PRG’s efforts to maintain narrative authority of the revolution.