中美东亚冲突管控:第三方的角色与选择

第三方在中美东亚博弈中发挥着特殊的作用,其政策选择对于管控中美冲突具有重要的意义。根据主要国际关系理论的逻辑推演,第三方通过在一定条件下的选边站、推动制度构建和协调、促进双方间良性认知,能够在管控中美冲突方面发挥一定的作用。在国际社会仍处于无政府状态以及国家间实力对比总是处于变化之中的背景下,基于实力考虑的"选边站"政策容易导致新的安全问题,第三方在中美间扮演制度推动者和观念沟通者的角色更加值得倡导,东盟系列机制以及新加坡的实践提供了这方面的经验与教训。当前的问题是,日、韩等国对与美同盟体系的坚持,东盟系列机制效能的降低以及新加坡一度将重心转移到实力平衡者而非观念沟通者的角色,都反映出许多东亚第三方的选择正在与管控中美冲突的目标背道而驰。为了地区的和平与自己的长远利益,东亚国家需要采取更加明智和有远见的政策。     

“C’est comme ça que cela pourrait recommencer” : L’épineuse question foncière au Burundi

In recent years, research on land conflicts in war-affected countries has seen a significant increase in the literature on conflict resolution. Land grabbing coupled with the return and repatriation of thousands of refugees and internally displaced persons (IDPs) after the end of civil wars constitute major challenges for peace and reconciliation in many African countries. Drawing on a case study of Burundi, one of Africa’s most densely populated countries, this article analyses the complex issues related to land conflicts. Burundi is currently facing thousands of land disputes following the return of refugees and IDPs stemming from the different politico-ethnic crises that this Great Lakes country has endured since independence. The current instrumentalization of the land issue by political entrepreneurs highlights the risks for the fragile peace and reconciliation process that Burundi has known in recent years if the land conflicts are not addressed in a sensitive and equitable manner.     

Great effort,little help? Peace and conflict resolution organisations in Northern Ireland and Turkey

This article offers a comparative analysis of the role played by peace and conflict resolution organisations (P/CROs) in Northern Ireland and Turkey in negotiating solutions to ethno-nationalist conflicts in these countries. It argues that P/CROs have been instrumental in de-escalating violence and encouraging conflicting parties to resolve conflict peacefully. Examining both the elite and grass-roots levels, the article assesses P/CROs that have advanced middle-range approaches and track-two dialogue towards peace. Drawing on data from multiple sources, including semi-structured interviews, archival material and official documents, the analysis indicates that P/CROs have a range of tools at their disposal to influence political decision-makers. These include public (and closed) conferences, forums and events attended by current or former politicians, representatives of the conflicting parties and prominent figures and intellectuals in the conflict-affected society, as well as other grass-roots initiatives. The article finds that P/CROs provided help shaping and promoting non-violent processes of conflict resolution between the British Government and the Irish Republican Army (IRA), and the Turkish Government and the Kurdistan Workers’ Party (PKK).     

The past in the present: time and narrative of Balkan wars in media industry and international politics

In this article, we explore various forms of travel writing, media reporting, diplomatic record, policy-making, truth claims and expert accounts in which different narrative perspectives on the Balkan wars, both old (1912–1913) and new (1991–1999), have been most evident. We argue that the ways in which these perspectives are rooted in different temporalities and historicisations and have resulted in the construction of commonplace and time-worn representations. In practical terms, we take issue with several patterns of narratives that have led to the sensationalism of media industry and the essentialisation of collective memory. Taken together as a common feature of contemporary policy and analysis in the dominant international opinion, politics and scholarship, these narrative patterns show that historical knowledge is conveyed in ways that make present and represent the accounts of another past, and the ways in which beliefs collectively held by actors in international society are constructed as media events and public hegemonic representations. The aim is to show how certain moments of rupture are historicised, and subsequently used and misused to construct an anachronistic representation of Southeast Europe.     

Between resistance and negotiation: indigenous organisations and the Bolivian State in the case of TIPNIS

A government-driven road-building project, crossing the national park and demarcated indigenous communitarian native land Isiboro Sécure (TIPNIS) in the Bolivian Amazon, has caused considerable debate, divisions and conflict. Based on extensive fieldwork in Bolivia, I examine the conflict between 2011 and 2013, focusing on specific cases of micro-politics with examples of changing strategies, local negotiations and strategic framings in the interactions between the indigenous organisations and the state involved in the conflict. I show that the evolution of the conflict has been affected by these micro-political issues, as well as strategic state projects. Secondly, I focus on how discursive framings have legitimised advanced or marginalised certain solutions, ideas and interests.     

泰国的涉外民商事管辖权制度

在泰国,对不涉及不动产或与此相关的权利和利益的诉讼,由被告住所地或诉因发生地能行使地域管辖权的法院管辖;有关不动产或其他与不动产有关的权利的诉讼,由有地域管辖权的被告住所地法院或不动产所在地法院管辖.外国国家不能成为泰国法院的当事人;当事人不能自主地选择管辖法院;在外国法院待审的案件还可向有管辖权的泰国法院提交;泰国法律制度中没有不方便法院这一概念.     

论工会工作者的角色冲突和义务层级

工会及其工作者的角色规范和基本义务,直接源于工会的本义、地位、功能等事理逻辑,与人权法、宪法和工会法等法律直接关联;其义务具有道德属性和法律属性。在规范意义上,这种角色和义务具有法定性、强制性和排他性,不得以约定的义务对其形成妨碍或排斥。工会工作者接受雇主的聘任或委托,成为雇主的代表或代理人,并因此从雇主处获得利益,承担约定义务,是不正当、不合法的劳动行为,产生了逻辑性、结构性的矛盾或冲突,应当在立法上予以规范和矫正。即使不考虑这些现象的不法、消极性质,依据义务的规范依据,也足以论证工会工作者因这种兼职而产生的约定义务,在地位、效力、顺序上低于人权法、宪法、工会法给工会所直接规定的法定义务。     

山东与日本贸易合作的特点及发展对策

日本是中国最大的贸易对象国,也是山东重要的贸易伙伴,近几年贸易合作发展势头强劲,并呈现出明显的特点,主要表现为:产品互补性强;贸易不平衡发展;贸易摩擦增多等。为此,在今后的进一步合作中,山东应根据鲁日贸易特点和贸易缺陷,寻求相应的对策,从关注和把握日本贸易政策调整变化动态、增强产品逾越技术壁垒的能力、打造出口非价格竞争优势、加大农产品生产扶持力度等方面做出积极的努力,推进鲁日贸易健康平稳发展。     

Beyond the Target State: Foreign Military Intervention and Neighboring State Stability

Despite the abundance of research on the consequences of foreign military intervention for target countries, scant research has been devoted to the possible regional externalities of intervention. This article examines whether large-scale armed operations affect the likelihood of civil conflict onset in countries neighboring the target of intervention. We posit that interventions against the target regime reduce the government's ability to maintain full control over the entire national territory by diminishing its coercive and administrative capacity. This might, in turn, result in safe haven possibilities for neighboring rival groups in the target and facilitate the transnational spread of arms and other illicit activities that increase the risk of civil conflict onset in the contiguous countries. Armed interventions supportive or neutral toward the target state, on the other hand, bolster the government's coercive capacity and mitigate ongoing crises in the target. Such armed intrusions might therefore undermine the likelihood of internal armed conflict in neighboring countries triggered by the factors associated with “bad neighborhoods”: safe haven possibilities, transnational spread of arms, and refugee flows. To substantiate these claims, we use time-series, cross-national data for the 1951–2004 period. Results indicate that hostile interventions increase the probability of civil conflict onset in connected countries while supportive interventions have a regional pacifying effect, reducing the likelihood of domestic unrest in countries neighboring the target state. Neutral interventions, on the other hand, are unlikely to have any discernible effect on regional stability. Further, the primary motive of intervention, whether for humanitarian or other purposes, has no statistically significant impact on the stability of neighboring countries.     

Metamorphosis in Hans Kelsen's Legal Philosophy

Two major questions stem from the fundamental shift in Hans Kelsen's legal philosophy that takes place in 1960 and the years thereafter: first, the scope of the shift and, second, its explanation. On the first question, I argue that the shift is not limited to Kelsen's rejection of the applicability of logic to legal norms. Rather, it reaches to his rejection of the entire Kantian edifice of his earlier work. On the second question, I argue that the explanation for the shift has a conceptual dimension as well as a historico‐biographical dimension. That is, I argue that Kelsen's rejection of the principle of non‐contradiction vis‐à‐vis legal norms reaches to the Kantian edifice in that the principle was presupposed in Kelsen's earlier work and appears, expressis verbis, in his ‘Kantian filter’. And I argue that certain historico‐biographical data are germane, including, quite possibly, the earlier revolution in Kelsen's thought, that of 1939–40.