论冷战后联合国人权保障机制

冷战后,国际人权保护成为国际社会广泛而深刻的议题,人权争议变得更加激烈,联合国人权保护作用和国际人权干预能力遭到质疑。联合国人权保障机制面临着诸多难题,其原因主要是体制的非平衡性、天然的妥协性、价值的工具化倾向。     

Financial Institutions between Effectiveness and Legitimacy – A Legal Analysis of the World Bank,Global Environment Facility and Prototype Carbon Fund

Environmental financing is one of the crucial issues of international environmental law and its implementation. From an environmental perspective a prerequisite for success is that financial resources are used in an environmentally effective way. Whether the World Bank, the Global Environment Facility (GEF) and the Prototype Carbon Fund (PCF) can be perceived as effective environmental actors has to be measured by their objectives, their potential to promote accepted environmental standards and their relevant funding practices. After significant improvements of their environmental policies, the World Bank must be considered the most important institution for environmental financing due to its involvement in environmental trust funds but also in regard to its regular lending practices. The GEF remains exceptional due to its institutional structure and scope, whereas the PCF is an example of public–private partnerships that might be a model for future financing via trust funds. Since acceptance of institutions can only be created if they are considered to be legitimate, legitimacy is closely tied to effectiveness. The main criteria for legitimacy are state consent and the equality of states as well as supplementary considerations such as transparency and public participation. From this perspective the World Bank, GEF and PCF structures of voting and participation have come a long way, and despite their particularities and deficiencies they reflect to a varying degree elements of legitimate decision making.     

从民族宗教文化信仰到全球旅游文化符号--以香格里拉为例

在西部藏民心目中,"香格里拉"是指一种原创理想的生活境界.香格里拉的信仰作为当地藏民的文化资源有其内在的合理性.但从20世纪末期以来,中国西部旅游资源开发的经济理念与全球化浪潮两相结合,香格里拉已成为全球文化旅游者消费的商品,香格里拉从少数民族的一种宗教文化信仰转型为全球化背景下全球游客消费的文化符号.     

“先发制人论”与国际法的发展方向

美国"先发制人"的新国家安全战略以"预防性"自卫理论为其国际法依据,极大地动摇了传统的国家自卫权理论和和平解决争端原则,而其他国家相继采用"先发制人"的国家安全战略则有可能使"预防性"武力攻击成为一般国际习惯法,并使二战以后被抛弃的战争权重新取得合法地位,以和平为宗旨的现行国际法体系面临严峻考验.     

新时期青年外宣工作创新思维刍议

随着全球化进程的加快、非政府组织的兴起和全球公民社会的逐步形成,外事外宣已经成为全球治理的重要内容,而交往关系调节则成为外事外宣工作的新的增长点。交往力也是一种综合国力,这种观点有利于开拓新时期青年外事外宣工作的创新思维。在新时期、新形势下,“大国外宣”将成为青年交往的创新阵地。     

The Ethics of Plea Bargaining in International Criminal Trials

The paper argues that contemporary theoretical and philosophical concerns relating to the practice of plea bargaining in international trials for crimes such as genocide should be seen in the broader context of the perceived legitimacy of international trial justice. The paper questions the capacity of international trial structures to deliver a form of truth which contributes to justice suggesting that the legitimacy of the truth available is conditioned by ideology and normative practice. The paper suggests that the key to transforming international trial justice lies in promoting the link between trial ideology and the perceived moral legitimacy of its outcomes through the exercise of judicial discretionary power. Ralph Henham is Professor of Criminal Justice, Nottingham Law School, Nottingham Trent University.     

The logic of competitive influence-seeking: Russia,Ukraine, and the conflict in Donbas

The crisis in Ukraine since late 2013 has seen four successive internationally mediated agreements that have been at best partially implemented. Drawing on extensive fieldwork and 42 key informant interviews sides, we explain this outcome with reference to the logic of competitive influence-seeking: Russia is currently unable to achieve a friendly and stable regime in Kyiv and thus hedges against the consolidation of an unfriendly pro-Western and stable regime by maintaining its control over parts of eastern Ukraine and solidifying the dependence of local regimes there on Russian support. This gives Russia the opportunity to maintain the current status quo or settle for re-integration terms through which Russia can sustain long-term influence over Ukraine’s domestic and foreign policy. We conclude by reflecting on the consequences of competitive influence-seeking in the post-Soviet space: the likely persistence of low-intensity conflict in Ukraine; the further consolidation of territorial divisions in other post-Soviet conflicts; and the need for policy-makers in Russia and the West to prioritize the management of the consequent instability.     

‘An act of faith’ or a new ‘Brown Empire’? The dismissal of India’s international anti-Racism, 1945–1961

At the inaugural UN session in 1946, an Indian-sponsored resolution was passed with a two-thirds majority against South Africa’s racist treatment of Indians. India continued its activism over racism and apartheid throughout the 1950s, though the issue was increasingly seen as a painful yearly ritual. Still, Indian diplomats persisted in raising the issue every year, despite diminishing results. The British settler-colonies were particularly offended by India’s campaign, as it challenged the discursive justification for their existence. They rejected what they saw as India’s emotional, hypocritical, even imperialist, campaign against racism. By tracing the construction and rejection of anti-racist politics, we examine the dismissal of racism as a ‘legitimate’ international issue.     

Education for whom? Engineering multiculturalism and liberal peace in post-conflict Kosovo

ABSTRACT

This paper traces the changing relationship between the state and its education system at the intersection of diverging visions and agendas of local and international actors in post-war Kosovo in the period 1999–2014. Specifically, it explores why and how externally driven reforms that carry the ideals of an inclusive multi-ethnic polity clashed with domestic actors’ visions of education as a locus of national resistance and independent statehood. To critically inquire into the direction of education reforms in the post-war context, the empirical part of the analysis identifies critical historical junctures through which these competing ideas and relevant actors changed and/or gained traction. Accordingly, the paper focuses mainly on the post-war period, but also considers the pre-war period in order to highlight the predominant vision of local actors on the roles of education, its intertwinement with unfolding conflicts, and its central role in processes of state formation and nation-building, in particular in a post-war context. The analysis is based on genealogical historical narrative, textual analysis of key official documents related to the education sector in Kosovo, and semi-structured interviews conducted in Pristina in November 2013 and October 2016. The analysis demonstrates that the role of education in post-war Kosovo reflects tension between multicultural ideals promoted by international actors, on the one hand, and nationalist, often exclusive concerns of local actors embedded in an unfinished and contested process of state- and nation-building, on the other hand. The paper finds that by over-emphasizing equal collective rights, extensive autonomy for the different communities and ethnic-based decentralized governance, international actors have unwillingly contributed to further education separation along ethnic lines.     

国际碳交易机制复杂化及中国应对

目前,国际碳交易机制网络群体呈现复杂化态势,碳交易机制复合体、碳交易机制集群与碳交易机制联结相互渗透,同时其内部也进行着良性协同、建设性合作与功能性竞争的有序互动。在无政府状态、利益认知差异以及全球气候治理体系转型等普遍性因素影响下,国际碳交易机制复杂化的成因有着自身的特殊性,是其发展进程中的必然产物。另外,国际碳交易机制间的互动具有双重效应,其协同合作将会带来经济发展与气候保护的双赢结果,而如果互相掣肘则会增加碳交易成本甚至造成负减排。因此,中国在复杂化的国际碳交易机制中推进新型碳外交并实现碳中和目标,既需要充分发挥自身团结国际力量的优势以及国内和国际双循环新发展格局的核心作用,促进碳交易机制间的协同与衔接,又要积极践行《巴黎协定》关于碳交易机制整合的倡议,与各国及相关国际组织共同将碳交易机制整合的规范推广到整个国际社会以及其他议题的全球治理之中。