论建筑物抛掷物、坠落物致害道义补偿责任——兼论建筑物抛掷物、坠落物强制责任保险制度的建立

《侵权责任法》第87条规定的建筑物抛掷物、坠落物致害补偿责任的性质不是侵权责任,也不是公平责任,而是道义补偿责任。该道义补偿责任的适用范围,受到“建筑物”、“抛掷物”或者“坠落物”和“难以确定”三个方面的限制。其责任限制又主要通过抗辩举证、数额确定及责任分担来实现。另外,建议将该道义补偿责任纳入强制责任保险的范畴,并由法定责任主体通过物业费代为征收的方式予以缴纳。     

办好党建网站的三维路径选择

办好党建网站,是提高党的建设科学化水平的内在需要,是以科学方法提高党的建设科学化水平的时代选择。办好党建网站的基本原则是坚持正确导向;办好党建网站的核心所在是坚持内容为王;办好党建网站的坚实基础是着力提供保障。     

基于中国—东盟自由贸易区发展需求的口译听辨教学

随着中国—东盟自由贸易区的建成和进一步发展,对高水平口译人才的需求也在日益增长。为了满足自由贸易区发展对口译人才的需求,提高学生的口译听辨能力成为口译教学亟需解决的问题。本文提出从加强东盟国家语言变体听辨训练和加强背景知识积累两个方面,有针对性地解决口译员在中国—东盟自由贸易区背景下出现的听辨障碍。     

Anchoring the Peace: Civil Society Actors in Peace Accords and Durable Peace

Is peace more likely to prevail when the peace accord includes civil society actors such as religious groups, women's organizations, and human rights groups? This is the first statistical study that explores this issue. The article develops key claims in previous research regarding the role of civil society actors and durable peace, and proposes a set of hypotheses that focus on legitimacy in this process. The hypotheses are examined by employing unique data on the inclusion of civil society actors in all peace agreements in the post–Cold War period. The statistical analysis shows that inclusion of civil society actors in the peace settlement increases the durability of peace. The results further demonstrate that peace accords with involvement from civil society actors and political parties in combination are more likely to see peace prevail. The findings also suggest that inclusion of civil society has a particularly profound effect on the prospects for overall peace in nondemocratic societies.     

NGO Interventions in the Post-conflict Memoryscape. The Effect of Competing ‘Mnemonic Role Attributions’ on Reconciliation in Cambodia

ABSTRACT

Non-governmental organisations (NGOs) are a constituent part of post-conflict Transitional Justice interventions and as such their projects shape but are also constrained by various narratives about the past. This article introduces the concept of mnemonic role attributions defined as the sum of how actors, their roles, their responsibility and their suffering are categorised as they are remembered regarding a certain period of time. The article analyses how different mnemonic role attributions that are propagated during interventions by Transitional Justice experts in civil society influence the potential for reconciliation in post-conflict Cambodia.     

‘High Resolution’ Indicators in Peacebuilding: The Utility of Political Memory

This article explores the use of political memory in examining, and providing indicators for, everyday processes of peacebuilding in divided societies, using Northern Ireland as a brief case study. Adopting a position critical of many formal peacebuilding indicators, the article argues for the utility of informal, ‘high resolution’ indicators that can be supplied by examining localized and everyday forms of post-conflict memory. In so doing, the article views the ‘dealing with the past’ and reconciliatory paradigm of social memory in identity driven conflicts as being inadequate for this purpose, and instead posits a more nuanced form of examining memory as a political arena. A case study of political memory in east Belfast is introduced to illustrate both the need for nuance in highlighting localized activity, and need to better reflect a complex and ambiguous peacebuilding environment. Suggestions for methodological approaches geared to capturing processes of everyday political memory, and how these processes can inform praxis, concludes the study.     

Building a Repressive Peace: The Case of Post-Genocide Rwanda

Abstract

Security, economic recovery, democracy and statebuilding are seen as tenets of post-conflict peacebuilding in the academic literature. In Rwanda, 15 years of post-genocide peace were built through security, economic recovery and statebuilding, but without democratisation. The result was a repressive peace. The Rwandan case suggests that post-conflict peacebuilding does not require democracy; that elections can reinforce authoritarian tendencies; and that statebuilding can lead to a repressive peace. It also suggests that the repressive peace can be durable, at least in the short to medium term.     

Statebuilding in Divided Societies: The Reform of Dayton in Bosnia and Herzegovina

Abstract

Drawing from the literature on conflict regulation and other plural society theories, this paper provides a framework of analysis to explore the dynamics involved in the external statebuilding process in Bosnia and Herzegovina (BiH). The analysis is based on a three-level framework whereby patterns of conflict regulation are analyzed at the inter- and intra-ethnic levels, as well as what this article terms the ‘supra-national’ ethnic level, where interactions between domestic and external actors are considered. In order to explore these issues empirically, this paper examines the process of constitutional reform in BiH over the course of 2005–6, drawing from personal interviews. The paper concludes that, while the assistance provided by external actors has proven substantial, the neglect of intra-ethnic dynamics and other related considerations have often rendered external actors’ efforts at shaping the statebuilding process in BiH ineffective.     

Privatization in Kosovo: ‘Liberal Peace’ in Practice

This article examines internationally led privatization in Kosovo as an example of international statebuilding. It concentrates on the period from 1999 to 2008, when privatization was planned and implemented under formal international management. International statebuilding is typically sought justified with the idea of ‘liberal peace’, and this article shows how the tension between the political and economic tenets of the idea of liberal peace manifested itself in Kosovo's internationally led privatization.