State transformation and cross-border regionalism in Indonesia’s periphery: contesting the centre

Abstract

This article examines how the decentralisation and fragmentation of the Indonesian state and resultant central–local dynamics affect cross-border regionalism in Indonesia’s periphery. It argues that cross-border regionalism projects are best understood as sites for scalar contestation over regulatory control between central and local government. Moreover, scalar contestation around cross-border regional projects is characterised by the struggles to control relationships with transnational capital between elites operating at different tiers of the state. When elites at different scales have conflicting interests and strategies, this can cause policy incoherence, inhibiting the development of cross-border regionalism. Conversely, when they align, and intersect with the interests of transnational business, cross-border regionalism can succeed. To illustrate the argument, this article utilises the comparative case studies of the Batam free trade zone and West Kalimantan–Sarawak cross-border cooperation.     

德国国际私法关于识别的理论和司法实践研究

德国国际私法认为，识别源于对冲突规范所使用之“体系概念”的解释，发生识别冲突的原因在于内、外国实体法存在体系差异，内国实体法体系中存在漏洞，内国实体法和国际私法之间存在体系差异。在识别冲突的解决上，存在法院地说、准据法说和独立识别说等三种主要理论。在德国国际私法的司法实践中，法院地说占据主导地位，但法院在一定程度上也采纳独立识别说，作为法院地说的必要补充。采用独立识别说时，法院一方面要对冲突规范中的体系概念进行广义解释，突破其在内国法律体系中的内涵范围，兼容外国法的相关制度；另一方面要从法律体系、文化背景等方面对外国法制度进行比较法分析，以确定其功能和目的。如果能够确认该外国制度和内国某一体系概念在目的和功能上具有对应性，就可以将该外国制度纳入该概念，从而拓展冲突规范的适用范围，否则就必须发展新的冲突规范加以应对。     

Negotiating peace in Kosovo

We systematically analyze and forecast key developments before and during the Kosovo Crisis. Prior to the air campaign, we anticipated the breakdown of negotiations at Rambouillet and the subsequent initiation of hostilities. Without Russia as a mediator, we predicted that Milosevic would engage in military activity and strengthen his domestic control. As the war was being waged, we took a second look at settlement opportunities. Russia was identified as the key mediator needed to reach a settlement We show that a European‐led settlement offered promising prospects for peace. Finally, we demonstrate that the settlement achieved after the air war was not much different than the settlement that could have been achieved at Rambouillet The settlement on Kosovo offers only short‐term stability. To gain long‐term stability, the Serbians must either agree to the existing ethnic makeup in Kosovo or allow it to be partitioned. Otherwise, conflict in this region will likely revive.     

行政法哲学中的公共利益本位论

在公共利益本位论的立论过程中,行政主体被不恰当地直接等同于公共利益主体,而且存在着价值判断与事实判断的混淆问题,这些弱点使得该理论没有给个人利益与权利留下应有的空间.在倡导者为之提供的理论根据中,唯有公共利益与个人利益的一致关系是一个合理的、但却需要进一步明确的论点.基于对这种利益一致关系及其有限性的具体分析,行政法中公共利益本位论的合理性与必要性可以得到真正的说明.     

Applying Stone in a Western Landscape: Ranchers,Conservationists, and Causal Stories in the “American Serengeti”

As the emergence of nongovernmental conservation efforts generates conflict among various stakeholders, the causal story that each party articulates regarding conservation and the causes of land degradation reflects their unique interests. This study uses existing literature to evaluate causal stories surrounding a contemporary conservation effort: Montana's American Prairie Reserve. Through qualitative review of web‐based documents and newspaper articles, it generates a preliminary account of key stakeholders' causal stories. The case study suggests that parties who might be disadvantaged by ascribing responsibility for environmental harms in an adversarial fashion may instead elect to articulate causal stories that are more neutral than existing approaches might forecast. The study concludes by suggesting that further development of causal story literature may enable it to better address contemporary conservation efforts.     

胁从犯的不合理性

胁从犯是我国刑法共同犯罪人分类中的一种独特类型。我国刑法按照行为人在共同犯罪中的作用大小将共同犯罪人分为主犯、从犯、胁从犯。无论是从保护人权的角度考虑,还是从立法科学性的视角考量,都应当取消胁从犯的概念,对因受胁迫而实施了危害社会的行为的主体不作罪犯处理。     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.     

Violent attacks on education in the tribal areas of Pakistan and the role of NGOs in providing educational services

Education is no longer safe from attacks during times of armed conflict. In many regions of the world, armed groups intentionally target schools, teachers and students and violate the right of children to get an education. Such is the case in Pakistan, where militant violence and continued armed conflict has disrupted the education of hundreds of thousands of children, particularly girls. The present study addresses a call for a better understanding of how non-governmental organisations (NGOs) function and contribute to peace-building and development through the provision of educational services in conflict zones. Based on field research, the study finds that in spite of challenges, NGOs have been playing a vital role in providing educational services to the conflict-affected communities. Disseminating information, solutions for resuming education, improving school enrolment, psychosocial support and promoting quality education lies at the forefront of NGOs’ battle in the tribal areas of Pakistan. However, the state needs a comprehensive policy to protect education from violent attacks.     

China–Japan interaction in the Middle East: a battleground of Japan's remilitarization

As most studies on Middle East–East Asian relations focus on the interregional dimension, the manner in which relations between East Asian powers influence, and are influenced by, their policies in the Middle East are largely overlooked. Attempting to add another layer to the study of Sino-Japanese relations, this article explores whether Sino-Japanese rivalry extends to the Middle East. This undertaking requires a conceptual distinction between measures related to Sino-Japanese competition in the Middle East and measures which are related to their rivalry. Building on a minimal definition of interstate rivalry, the article argues that neither the effort to secure energy supply nor their economic or political competition there is shaped by their rivalry. The only field that can be associated with that rivalry is Japan's quasi-military activity in the Middle East, which may enhance its security policy's revision. That, in turn, causes much concern and criticism in Beijing, thus assigning the region a certain role in their relations.