由格鲁特布姆案透视南非住房权的司法保护

南非宪法法院在格鲁特布姆案的判决中首次确立“合理性审查标准”，并对立法者科以即刻实现的积极义务，在绝对权利与相对权利的博弈中基于现实选择相对权利，在对住房权的政府积极义务进行审查时持妥协与退让立场。法院的做法虽然备受批评与指责，但却是在充分考虑了南非社会现实和法院自身能力后的明智选择，显示了宪法法院高超的平衡技巧，也为住房权等社会经济权利的司法保护提供了大量可资借鉴的经验。     

Failed aid: how development agencies are neglecting and marginalising Rwandan genocide survivors

This Viewpoint argues that international development aid agencies have failed adequately to address the rights and needs of genocide survivors in Rwanda. It illustrates that genocide survivors remain impoverished and marginalised, and that development aid agencies only tangentially, if at all, acknowledge their vulnerability and take steps to empower them to realise their rights. It provides examples of aid programmes that are reaching genocide survivors and urges development aid agencies in Rwanda to design and implement programmes explicitly for genocide survivors.     

New investment,old challenges. Land deals and the water constraint in African agriculture

Foreign investment in agricultural land acquisition in sub-Saharan Africa has been viewed primarily as driven by a set of linked ‘crises’: in financial capital markets, in security of energy and food supply, and in global environmental governance. This paper argues that a focus on the ‘buyers’ of land risks overlooking the dynamics that operate on the side of the land ‘sellers’. Accordingly, the first part of the paper argues that it is important to view the current ‘land grab’ as the latest stage in a longer historical process of competition for control of land and other natural resources by different ‘domestic’ economic and political actors within African countries. While such struggles are often characterised as the ‘state versus the peasantry’, with the state acting on behalf of ‘urban elites’, the paper argues that processes of accumulation and associated enclosure of natural resources need to be examined more critically in specific contexts if the role and impact of foreign capital investment are to be understood. The second part of the paper seeks to identify the ways in which questions of scale (in the sense of greater capital intensity) can be considered to be constraints to the development of African agriculture. Particularly, it considers the extent to which the production models most frequently mentioned in connection with foreign investment (large-scale mechanised farms and small-scale outgrower contract farming) respond to current productivity constraints. The paper argues that current debates about foreign investment in agricultural land underplay the importance of water resources needed to overcome production risks associated with irregular rainfall. Bringing the water dimension of land deals more clearly into focus is necessary if the scope for positive and negative impacts of new investment on existing land users is to be fully understood. The paper concludes by considering the implications of such challenges in the current context of foreign investment in agriculture in Africa.     

Governance and youth unemployment in Africa

ABSTRACT

The objective of this study is to identify governance indicators that can reduce youth unemployment in Africa. Thereby, the authors incorporated governance indicators into the growth model. The dynamic panel estimation of the model, based on data from the World Bank, the IMF and UNCTAD for the period 2002–2016 found that some governance indicators such as control of corruption and political stability have a negative influence on youth unemployment in Africa. Moreover, political stability does not reduce youth unemployment in highly corrupt countries which are rich in natural resources. Similarly, other governance indicators such as government effectiveness, regulatory quality, the rule of law, voice and accountability are not yet producing the expected effects in African countries. As a result, political authorities must improve governance indicators, including the control of corruption and political stability.     

From Guangzhou to Yiwu: Emerging facets of the African Diaspora in China

ABSTRACT

Yiwu, known as the largest commodities market in China and in the world, is becoming the destination of choice for Africans doing business in China. In this article we compare how Africans are received in Yiwu and Guangzhou, home to the largest community of Africans in China. We argue that the relatively negative reception of Africans in Guangzhou, compared to the more efficient and civil treatment of Africans in Yiwu, is one reason why Yiwu is eclipsing Guangzhou. How the state interfaces with Africans on migration matters has consequences for broader Africa-China relations.     

21世纪东盟与非盟合作的必要性分析

21世纪非盟与东盟为彼此之间共同利益加强合作是全球一体化趋势的结果。分享发展理念和科学技术交流已成为双方合作的重要领域,也是保持社会经济持续发展的关键。因此,要优先考虑东盟国家和非盟之间的合作,两个区域组织的国家要充分利用彼此资源和人力资本,融入技术进步和产业发展中,利用知识创造的产品和服务,有效地解决各自发展中所面临的挑战,以进一步保持经济持续增长。此外,东盟中新加坡和马来西亚的发展经验证明,可通过采取有效的发展战略促进社会经济的持续增长。因此,这为面临类似的发展挑战的非洲所借鉴,可促进其经济的快速增长。     

从认同视角看卡扎菲的非洲外交政策

卡扎菲时期的利比亚持有多重身份认同。其中，阿拉伯认同、伊斯兰认同以及非洲认同在不同时期对利比亚外交政策发挥着不同程度的影响。从认同视角看，卡扎菲时期利比亚对非洲外交政策大致可以分成两个阶段：在卡扎菲执政的前20多年时间里，利比亚对非政策主要受到阿拉伯和伊斯兰认同的影响；从20世纪80年代末开始到卡扎菲政权垮台，利比亚对非政策的重点转移到了撒哈拉以南非洲，主要受到非洲认同的影响。卡扎菲政权垮台的结局说明，对于非洲各国来讲，国家认同是首要的核心认同，而非洲认同是相对次要的认同。     

中国农业发展对非洲的启示

中国和大多非洲国家是基于小农家庭经营为主体的农业国家,但近30年来中非农业发展成就迥异。影响中非农业发展的主要因素有:历史文化背景;农业技术生产模式;农业发展战略、政策和执行能力;农业科技推广组织系统;外部学习机制和外部支持状况。中国农业发展在农业生产模式、农业发展战略和政策、农业科技推广和技术扩散体系等方面,值得非洲国家借鉴。在未来中非农业合作层面,中国应帮助非洲国家加强农业研究与推广支持体系建设;加大对非洲农业发展领域的投资;探索中-西-非三方合作新模式。     

The potential perils of forest carbon contracts for developing countries: cases from Africa

The importance of law, and investment contracts in particular, has been noted in recent discussions around ‘land grabbing’. This paper extends a legal analysis to what has been termed ‘green grabbing’ in this special issue and argues that the contracts that shape foreign investment in carbon sequestration projects can pose substantial material risks for governments, local communities and even the environment. Investment contracts also present a formidable obstacle to the implementation of initiatives aimed at recognising the rights of forest-dwelling peoples, particularly the right to participate in decision-making. The paper draws on the experience of developing countries with the negotiation of investment contracts in traditional natural resource sectors and a small number of contracts from Sub-Saharan Africa that specifically deal with carbon sequestration to illustrate the problems that may arise in this new area of foreign investment.