对领海中的外国船舶的管辖权

沿海国对领海中外国船舶的管辖权在国际习惯法中早已存在,并为1958年《领海与毗连区公约》和1982年《联合国海洋法公约》所确认。本文主要通过剖析两公约的有关规定来系统论述这一问题,以求为我国海洋立法工作有所贡献。     

Comparing colonial differences: Baltic literary cultures as agencies of Europe’s internal others

ABSTRACT

The article discusses the Baltic colonial experience in historical and comparative perspective. It sketches the ways in which Baltic societies are best linked to theoretical discussions on postcolonial issues, and whether they might be looked upon in a more global context. The main question posed by the article is in what ways Baltic identity has been determined by processes of foreign settlement, occupation and colonization of the territory of each respective country and whether we can see Baltic societies as potential agencies of Europe’s internal others.     

Liberalism and geopolitics in EU–Russia relations: rereading the “Baltic factor”

Contrary to some expectations, the Baltic states’ accession to the EU in 2004 was not followed by an improvement in their relations with Russia. Instead, the Baltic states became known as the “troublemakers” of EU–Russia relations. This was commonly explained by their history and national identity, which contributed to an understanding of the Baltic concerns as marginal. The Ukraine crisis brought a reaction of “I told you so” by the Baltic states that for many years had been warning the West about Russia’s expansionist ambitions. This article explores the ideational underpinnings of the gap between the Baltic states’ perceptions of and relations with Russia on the one hand and mainstream views in Europe on the other. It identifies liberal interdependence, democratic peace, and realist geopolitics as key ideas that have framed the EU’s and Baltic states’ perceptions of Russia. In the vein of constructivist foreign policy analysis, these ideational structures are seen to condition the EU’s and Baltic states’ interests and policies vis-à-vis Russia. An analysis of the “Baltic factor” helps to illuminate the contradictions and shortcomings in the EU’s Russia policy and review its ideational basis which is now in need of a strategic rethink.     

The technological gap: Proposals and documents

ABSTRACT

The gap between discourse and practice which has so far prevented the EU and China from implementing the ambitious security agenda developed within the framework of their strategic partnership is caused by two main sets of impeding factors: practical, stemming from existing policies, and normative, deriving from fundamental divergences regarding the nature of an actor’s role in the international arena. Moreover, obstacles to EU-China security cooperation also stem from and are magnified at the EU member states level. Key member states lack normative and practical synergy in their understanding of security policy and the role the EU and China play in it, thus severely complicating any attempt at bridging the discourse/practice gap.     

Weak States,State Failure,and Terrorism

It is common to hear the assertion that weak or failed states are fertile ground for terrorism. Yet terrorist groups have emerged from, and operated within, countries which have strong, stable states and a variety of systems of government. Terrorist organizations operate in weak and failed states but it is not necessarily the condition of weak or failed statehood which explains their presence. Moreover, it is not necessarily the weakest states which do host such groups. Therefore, this condition is not a sufficient explanation for their presence. While weak or failed states might provide an enabling environment for certain types of terrorist groups to operate, additional explanatory variables need to be identified.     

The 1881 census in the Russian Baltic provinces: An inventory and an assessment

The 1881 census of the Russian Baltic provinces of Livland, Estland, and Kurland was the first modern-type systematic population enumeration in the Baltic area. It had been preceded by enumerations of other kinds—land cadastres that included aggregate population counts (during Swedish control of the area) in the 17th century, and fiscal revisions (during Russian control of the area) that did list residents by name but did not follow any principles of modern census-taking. The Baltic German politico-economic elite, which controlled public affairs in the Baltic provinces, decided to carry out a census of a modern kind, and produced the 1881 count. Although initially the initiative was coordinated by the statistical specialists of the three provinces, the publication of results was decentralized, resulting in a series of volumes that supplied different tables for each province. The article analyzes the contents of the census, some of its shortcomings, as well as its strengths.     

PUBLIC ADMINISTRATION REFORM IN POST‐CONFLICT SOCIETIES: LESSONS FROM ACEH,INDONESIA

Post‐conflict reconstruction programs increasingly include components designed to strengthen the performance of the public service and to support public sector reform. Although there is a growing body of literature on the relationship between public administration, and peace and development, there have been few case studies of donor efforts to strengthen public administration as part of post‐conflict reconstruction. This study examines efforts to strengthen the civil service in Aceh, Indonesia, following the province's first post‐conflict elections in 2006. It examines the impact of a donor‐funded program designed to assist Aceh's first post‐conflict administration (2007–2012) to reform its personnel management practices. The case study sheds light on weaknesses in current donor approaches to public administration reform in post‐conflict situations. Copyright © 2012 John Wiley & Sons, Ltd.     

Regulation‐by‐information in areas of limited statehood: Lessons from the Philippines' environmental regulation

This research examines conditions under which environmental regulatory disclosure is more versus less likely to work, with focus on the case of the Philippines. Two major findings arise out of a case study. First, we observe a mismatch between the nature of information and the main addressees of the disclosed information, which led the operation of the subject disclosure program to deviate from its targets. Second, this institutional deficiency has to do with the organizational culture and routine practice of the implementing agency. The second finding challenges a major justification of information‐based environmental regulation (IBER) administered in weak states and underscores the role that administrative capacity plays in making novel regulations come into effect. Contrary to the popular belief that IBER creates non‐governmental forces that offset a limited statehood, it may be less likely to work where state administrative capacity is weak.     

Analysis of current events: “towards the rule of law in Kosovo: EULEX should go”

Strong civil society provides individuals with arenas to bring their interests to the attention of policymakers. In so doing, civil society organizations (CSOs) can support state policies, but can also criticize policies. This paper argues that most minority rights advocacy CSOs in the Baltic states have little say in the crafting of policy and are compartmentalized into the existing agendas, with only a few groups able to evaluate policies independently. It concludes that the Baltic civil society is weak because the CSOs working on minority issues ask policymakers either too much, or too little. The findings suggest that policymakers quell criticism of their work from the side of the CSOs by ignoring their activities. Alternatively, by funding the CSO that shores up the state agenda, policymakers delegate their responsibilities to civic actors, keep critical voices from public debates and claim that their policies have the full support of a vibrant civil society. This paper investigates the options available for civil society actors to relate to policymakers in a nationalizing state by drawing on the data collected in 77 semi-structured interviews with the CSOs working with Russian and Polish minorities in the Baltic states between 2006 and 2009.     

Another Baltic Postcolonialism: Young Latvians,Baltic Germans,and the emergence of Latvian National Movement

This article looks at the emergence of Latvian nationalism in the mid-nineteenth century from the intercultural perspective of postcolonial theory. The writings of early Young Latvians, and the reaction to them from the dominant Baltic German elite, show that the emergence of a modern Latvian nationalism is to a large extent due to postcolonial mimicry, as described by Homi Bhabha. Attempts to imitate German cultural models and to develop a Latvian high culture lead to hostile reactions from the German side, which, in their turn, lead to increasing consolidation of Latvian nationalism. Since the Baltic German elite increasingly legitimized its rule in terms of cultural superiority, the Young Latvians' alliance with the Russian Slavophiles led it to treat the Latvian nationalists as culturally inferior and partly Asiatic, like the Russians.