理解南海共同开发与航行自由问题的新思路——基于国际法视角看南海争端的解决路径

南海共同开发与航行自由问题的明确与解决,直接关系到中国的海洋权益以及南海的未来法律秩序。尽管泰国湾地区的共同开发经验能够为中国提供借鉴,但南海主海的情况与之有很大区别。共同开发方式在国际范围内接受程度不广泛,实际效果不理想,其对南海争端的可适用程度较低。因此,应对共同开发方式在南海争端解决中的作用予以重新定位。从长远的角度出发,共同开发不能成为解决南海争端的优先选择和主要方式,即便在短期内以共同开发方式为处理南海争端的权宜之计,也应当注重构建一个合理的共同开发机制。中国对南海的"历史性权利"并未被后来的有效国际法律规范所更改或取消,这一权利不能按照《联合国海洋法公约》的架构来解读,也并不存在妨碍南海航行自由的问题。相反,倒是其他南海周边国家滥用《联合国海洋法公约》规定所提出的意在分割、控制南海的种种主张更加妨碍南海的航行自由。比较之下,中国的主张更加符合南海水域本身的性质及其适用当代海洋法之后的应然状态。     

民主选举与社会分裂——东亚民主转型国家与地区的政治与政局

东亚民主转型国家和地区发生的社会分裂与其实行的民主制度之间存在较强的关联性。在经济发展不平衡、贫富差距大、民族国家意识淡泊及选举文化有欠成熟的情况下,参与选举的政治势力和社会群体倾向于将投票及相关活动视为扩大自身利益和削弱对方力量的机会,导致不同政治势力和社会群体之间的对立和冲突超出可控范围。     

The rise of the Jama'at al Tabligh in Kyrgyzstan: the revival of Islamic ties between the Indian subcontinent and Central Asia?

After two centuries of close relationships, especially under the Mughals, Islamic ties between India and Central Asia have been considerably weakened, first after the Tsarist colonization and then by Soviet religious repression and ideological isolation. However, when Central Asian post-Soviet republics became independent in 1991, they renewed all kinds of links with the Indian subcontinent. Moreover, the revival of Central Asian Islam benefited from inspirational international Islamic sources from Turkey, the Arab countries and India. The latter drew less attention from analysts than other sources of influence, although it has gained ground all over the region in past years, particularly in Kazakhstan and Kyrgyzstan, where the India-based Jama'at al Tabligh has achieved significant success. This Islamic organization, established in British India in the 1920s, defines itself as a non-radical and non-political movement, promoting ‘basic’ Islamic faith and practice. So far, the Jama'at al Tabligh has been tolerated by local authorities who would rather use them as a shield against the more radical Islamic groups that are openly opposing the regime.     

‘Good neighbours or distant relatives?’ Regional identity and cooperation in the South Caucasus

Conceptualization of the South Caucasus as a distinct regional unit is a relatively new development. Notwithstanding geographic proximity, the three states of the region face different political, economic and security realities, precipitating different strategic orientations. Conflicting dynamics complicate relations between states and serve to undermine efforts, both internal and external, to establish a sense of regional identity and advance inter-state cooperation. This paper argues that the concept of a distinct ‘South Caucasus’ region is an externally generated, geographical label, which implies a certain degree of unity and positive interdependence that does not exist. The three states may be geographical neighbours, but they are not ‘good neighbours’, as the complex web of enmities that has developed over the centuries means the three states tend to look externally to ‘distant relatives’, undermining both regional cohesion and awareness.     

新中华法系的诞生?--从三大法系到东亚共同体法

中华法系曾以其独特性屹立于世界法系之林,虽然它在清末就基本解体了,但它数千年积淀下来的法律传统和观念,对东亚诸国的影响仍是深刻的.近年来,在新的时代背景下,既反映西方法律传统,又符合东亚诸国利益及其历史文化传统的东亚共同体法开始形成.新世纪的东亚共同体法是一种全新的法律体系,不能将其简单地看作中华法系的复兴,它是中华法系死亡之后,在更高层面上的一种再生,在某种意义上,我们可以将其称为新中华法系.     

Gender,Ethnicity, and Education as Privileges: Exploring the Generalizability of the Existential Guilt Reaction

Two cross-sectional questionnaire studies were conducted to replicate and extend previous research on the existential guilt reaction. In Study I, gender was considered as a privilege. Male student participants (N = 141) were confronted with the low proportion of women in high-ranking positions and asked to appraise this situation. Self-reported behavior, behavioral intentions, and appeal to authorities aimed at advancing equal opportunities for both genders served as criterion variables. Path analyses were performed to explore the correlation structure among the variables. Self-reported behavior depended most strongly on behavioral intentions and on belief in control. Behavioral intentions depended most strongly on existential guilt. This effect accords to previous existential guilt research. Ethnicity and education were considered as privileges in Study II. Privileged Paraguayan students (N = 80) were confronted with the disadvantageous living conditions of Indians and Campesinos. They were asked to appraise the situation. Behavioral intentions and appeal to authorities directed at improving the living conditions of Indians and Campesinos served as criteria. As in Study I, existential guilt was the strongest predictor of behavioral intentions. Study II revealed the role of values in the process of existential guilt and prosocial behavior. This is a new research finding. Indirect effects of the two values of universalism and benevolence on behavioral intentions were obtained. The effect of universalism was mediated by existential guilt and moral outrage, the effect of benevolence was mediated by injustice and existential guilt. Tradition had a negative indirect effect on behavioral intentions. This effect was mediated by justification of deprivation and probably means that adherence to tradition eases the justification of traditionally existing social inequalities in a society.     

论中国法、伊斯兰法和印度法对东南亚的影响

东南亚地区是一个具有相当特殊性的法域,古老的习惯法、古代中国法、伊斯兰法、印度法在这一地区混合,其情形十分复杂、混乱。概括起来,有如下特点:中国作为东亚和东南亚文明的轴心,中国古代法对所有东南亚国家均产生了普遍、深远的影响,但越南、新加坡等国受古代中华法系的影响要大一些;马来西亚、印度尼西亚和文莱等以信仰伊斯兰教为主的国家及菲律宾南部地区则受伊斯兰法的影响较大;三是在地理位置上靠近印度的缅甸、柬埔寨、老挝和泰国则受印度法的影响较大。     

Australian climate policy and the Asia Pacific partnership on clean development and climate (APP). From Howard to Rudd: continuity or change?

This article explains, first, why Australia’s government under John Howard, together with the United States Bush administration initiated the Asia Pacific Partnership on Clean Development and Climate (APP) and, second, why the succeeding Rudd government continued to support this initiative. Climate policy under the conservative Howard government (1995–2007) in Australia was largely dictated by fossil fuel and mineral sector interests, and reflected a close alliance with the Bush administration. The Howard government shunned the Kyoto Protocol, refused to set national binding greenhouse gas reduction targets and preferred voluntary cooperative measures with industry. The APP was part of the Howard government’s strategy to demonstrate some policy movement on climate change while postponing serious action. Climate change was a key issue in the election of the Rudd Labor government in Australia in December 2007. The Rudd government quickly ratified Kyoto, adopted emission reduction targets, and moved to introduce emissions trading. The Rudd government’s decision to continue involvement with the APP, albeit with diminished funding, was a pragmatic one. The APP was supported by industry and provided bridges to China and India—both key countries in the post-2012 UNFCCC negotiations. Finally, in order to assess the long-term outlook of the APP, the article provides a preliminary assessment as to whether the APP advances technology transfer.

The Incidence and Impact of Family Violence on Mental Health Among South Korean Women: Results of a National Survey

This representative national survey examined incidence of husband-to-wife violence in the past year, lifetime exposure to parental violence, and the relationships between victimization experiences of family violence and mental health among South Korean women (N = 1,079). The major findings were that incidence rate of husband-to-wife violence among Korean women was 29.5%, which was much higher than those of other nations, and that their experiences of physical violence by husbands in the last year and lifetime verbal abuse by parents had strong associations with the mental health of victims. The findings suggest that preventive intervention programs for male perpetrators as well as domestic violence victims with mental health problems and comprehensive interventions for Korean couples are urgently needed. In addition, parents should be educated about how to modify their children’s behavior without physical punishment or verbal abuse.

Kidnap for Ransom in South East Asia

Kidnapping for ransom is not a new phenomenon. According to the Control Risk Group, an international risk consultancy, kidnappings of foreign nationals globally have increased by 275% over the past 10 years. High profile incidents such as the tourist kidnappings in 2000 by the Abu Sayyaf group, operating out of the troubled southern region of the Philippines, show that South East Asia has its own regionalised kidnapping hotspots. It is suspected that a high proportion of kidnappings are perpetrated by economically motivated crime groups but it is not possible to estimate with any degree of accuracy what percentage can be attributed to organised crime. This article will provide an overview of the problem, drawing upon existing literature available in the public domain. A typological discussion will show the critical differences between the various categories of kidnapping. The reliability of existing statistics, categorisation and recording of kidnapping for ransom will also be scrutinised, in particular for their variability across the region, to see whether this presents a barrier to a better understanding of the size and seriousness of the problem. As kidnapping for ransom incidents are becoming increasingly transnational in character, the final section will highlight the desirability of formulating and agreeing upon regional standardised definitions and counting rules for kidnap.