Fuel for thought? South Africa's position on the multilateralisation of the nuclear fuel cycle

The proponents of international nuclear fuel banks maintain that these banks will contribute to nuclear non-proliferation, whereas those opposing it maintain that nuclear weapon states support these banks in order to control and multilateralise the nuclear fuel cycle, thus preventing developing states from developing nuclear energy for peaceful purposes. Global inequalities pertaining to nuclear energy continue to persist despite developing states’ efforts to reform the international nuclear energy regime. Moreover, some developing states maintain that these nuclear fuel banks perpetuate inequality in international relations. This is one of the reasons why some leading developing states, such as Brazil and South Africa, oppose these banks. South Africa, for example, intends to re-establish its nuclear fuel cycle and has declared uranium a strategic resource. Against the aforesaid, this article, following a constructivist approach, analyses the emergence and social construction of nuclear fuel banks as a practical expression of nuclear non-proliferation norms. The discussion also considers the inter-subjective understanding of these banks, as well as South Africa’s opposition to them. The article concludes with an analysis of the implications of these opposing views for global equity, equality, nuclear non-proliferation and the peaceful uses of nuclear energy.     

隐名代理探微

隐名代理是一种客观存在的社会现象,但我国立法却对此放弃了必要的规范,使其处于一种无序状态。认识隐名代理与显名代理不同的运行机理,审视隐名代理与行纪关系不同的法律构成,并在此基础上提出隐名代理的法律规范,是本文研究的三个重点问题。     

On the Normativity of Expressing the Belief in a Just World: Empirical Evidence

There is a large body of evidence that the belief in a just world (BJW) affects people’s behaviors and attitudes, either through secondary victimization of innocent victims or the promotion of helping behavior. In this article, we aim to address the normativity of the very expression of BJW. Results of two experimental studies show that the expression of a higher degree of BJW is more socially valued than that of a lower one. We argue that this pattern should not only be seen as deriving from intrapersonal motivation to see the world as a predictable place, but also as a norm which seems to be perceived as having both social utility and desirability. The research reported in this article was supported by grant SFRHD/BD/10816/2002 awarded to Hélder Alves by Fundacao para a Ciência e Tecnologia. We thank Jorge Vala, Melvin Lerner, and Sven Waldzus for their suggestions during this research and to Kees van den Bos, José-Miguel Fernández-Dols and Cícero Pereira for their comments on previous versions of this article.     

Social Norms and the Feeling of Justice about Unequal Family Practices

After briefly retracing the origins of the present day unbalanced division of family work, this paper article summarizes results from three studies conducted with married adults and unmarried young adults from northern Portugal. The data support the idea that (a) unequal family practices do not change because traditional practices are social norms that orientate individuals’ behavior; (b) individuals do not comply passively to these social norms but consider that the normative practices are fair; (c) normative family practices are considered to be fair because women, as well as men, seem to gain benefits from traditional family organization. The social consequences for women of the maintenance of normative family practices are discussed.

公正审判权的宪法性论说

从公正审判权在法律中的地位来看,公正审判权属于宪法性权利。公正审判权作为宪法性权利在许多国家的宪法中已经得到直接或间接的体现。公正审判权符合宪法权利的几个基本特征:公正审判权是公民所享有的重要的基本权利之一;公正审判权规制国家权力与公民权利之间的关系;公正审判权具有母体性;公正审判权是其他权利无法替代和不可转让的一项权利。     

Convention Plus as a Norm-Setting Exercise

This article reflects upon UNHCR's Convention Plus initiative,a multi-lateral process established in order to contribute tothe development of a normative framework for global burden-sharing.Although the substantive achievements of the initiative havebeen limited, the article argues that Convention Plus has helpedto develop significant new ideas relating to UNHCR's potentialrole in norm-creation within the refugee regime. Based on aregime theoretical perspective, and drawing on the wider literaturerelating to the role of norms in the refugee regime, the paperexamines the procedural and conceptual innovations of ConventionPlus, and how these might be adapted in future in light of theinitiative's shortcomings. In particular, the article sets outtwo models for UNHCR's role in facilitating norm-creation, bothdeveloped in the context of the Convention Plus experience:firstly, a ‘top-down’ institutional bargaining modeland, secondly, a ‘bottom-up’ good practice model.The former model emerges from the interests–linkages–normsapproach implicit to the so-called ‘generic’ workof the initiative; the latter, from the situational work ofthe initiative, developed through the revival of ‘comprehensiveplans of action’ and the use of pilot projects. The modelsare argued to be mutually supportive. The paper suggests thatadapting these ideal-type models in light of the ConventionPlus experience has implications for UNHCR's role in norm-creation,with regard both to developing a normative framework for globalburden-sharing and also to developing other norms in responseto other emerging challenges.     

Interests,passions and politics: business associations and the sovereignty dispute in Turkey

This paper examines business associations in a context where the state is being contested from below, focusing on Diyarbak?r, a major Kurdish city in Turkey. Against the backdrop of armed conflict, reform processes triggered by the country’s EU candidacy and socio-economic change, Diyarbak?r has become a contested zone over which the Turkish government and the Kurdish movement have been competing for control. Local business associations have also been implicated in such contestation. Considering the situation of dual power and moral economy at the local level, the paper examines how these associations deal with an adverse situation that is characterized by political instability and uncertainty. The analysis shows that business leaders have been able to make the ‘best’ of the situation.     

Virtuous power Turkey in sub-Saharan Africa: the ‘Neo-Ottoman’ challenge to the European Union

European officials veer towards exceptionalism in their policy communications concerning the EU’s global role, particularly in terms of African development. This article poses a rejoinder to such tendencies through examination of the rise of ‘virtuous power Turkey’ in Africa. It examines how Turkish elites constructed a moralised ‘neo-Ottoman’ foreign policy in wake of stalled EU accession. It then underscores how elites framed humanitarian interventions in sub-Saharan Africa in contrast to the perceived neo-colonialism of an EU ‘other’. In this vein, the article explores the meaning of normative ‘neo-Ottomanism’ for ostensible beneficiaries in Africa, for the EU, and for Turkey itself.     

犯罪本质反思——兼论规范违反说之提倡

在我国刑法理论中,社会危害性一直被视为犯罪的本质特征.进入21世纪以后,人们对该提法展开了全面的反思和批判,社会危害性也在争议声中走过了十多年.应当说,对社会危害性的反思,是犯罪论体系进一步完善的需要.但从整体上看,社会危害性并非无懈可击,在说明犯罪的实质方面,它必须借助于规范违反说才能得以说明.因此,直接将规范违反说作为犯罪的本质特征,是解决这一争议的最终出路.     

Comparing the legitimacy and effectiveness of global hard and soft law: An analytical framework

The international norms that are developed as tools of global governance can be placed on a continuum from traditional “hard law” treaties to the vaguest and voluntary “soft law.” In this article we develop an analytical framework for comparing norms on different positions along the continuum, thus for comparing international hard and soft law. We root the framework in both the rationalist and the constructivist paradigms of international relations by focusing on two overarching evaluative criteria: effectiveness and legitimacy. These broad concepts are divided into smaller building blocks encompassing mechanisms through which norms can exert influence; for example, by changing material incentives, identities, and building capacity, and by contributing to building source‐based, procedural, and substantive legitimacy. We illustrate the applicability of the framework with three norm processes of varying degrees of “softness” in global climate governance.