论国家主权在国际私法领域中的新发展

主权是国家的根本属性,国家主权原则在现代国际关系中起着举足轻重的作用。国际私法中的国家主权有其独特之处。本文对国家主权进行对比分析后,将其在国际私法中的体现予以介绍,并指出在当代国际私法领域中国家主权必须摆脱“主权优位”理论的束缚,树立“平位协调”前提下的主权合作观念。     

台湾参与国际活动问题的再思考

两岸长期的敌对隔绝,使双方缺乏有效的政治沟通,无法建立足够的政治互信,从而使台湾参与国际活动问题成为双方难以解决的结构性矛盾.当前,两岸如何以新视角重新审视台湾参与国际活动问题,已成为双方必须着力研讨的课题.为营造两岸民主、平等的协商氛围,扩大双方在政治议题上的共识,本文提出以"中华两岸共同委员会"的政治沟通模式为过渡,并在两岸完全统一的政治架构下对台湾参与国际活动问题作出终局安排.     

安徽省贸易投资一体化实证分析

80年代以来,安徽省国际贸易和利用外商直接投资（FDI）迅猛发展。该文利用协整检验（Co-integra-tionTest）和格兰杰因果关系检验的方法,运用安徽省1985-2008年数据检验了国际贸易与FDI之间的长期相互关系。实证结果表明：安徽省国际国际贸易与FDI之间的关系是贸易投资一体化。在此基础上,提出安徽省应该注重国际贸易投资政策的协同关系。     

Chronicling the Complexification of Negotiation Theory and Practice

The essay reviews the content of twenty-five years of Negotiation Journal , identifying themes and issues explored on its pages in the past, the current issues challenging the field's scholars and practitioners, and the issues likely to confront us in the future. It argues that while we in the field hoped for simple, elegant, and universal theories of negotiation and conflict resolution, the last twenty-five years have demonstrated the increasing complexification of negotiation theory and practice, from increased numbers of parties and issues, and dilemmas of intertemporal commitments, ethics, accountability, and relationships of private action to public responsibility.     

Legitimising liberal militarism: politics,law and war in the Arms Trade Treaty

Post-cold war efforts to knit together human rights and international humanitarian law in pursuit of tougher arms transfer control reached their apogee in the UN Arms Trade Treaty (ATT). In contrast to dominant accounts based on human security norms, I argue that a key effect of the ATT is to legitimise liberal forms of militarism. During negotiations the US and UK governments justified their arms export practices in terms of morality, responsibility and legitimacy. More broadly their arms transfer practices are explained away by reference to national regulatory regimes that exceed the standards set out in the ATT. Arms transfers to Egypt and intra-Western transfers illustrate the way these justifications and regimes serve to shield US–UK weapons transfers and use from scrutiny and accountability. Rather than signalling the victory of human security, the ATT is better understood as facilitating the mobilisation of legitimacy for contemporary liberal forms of war fighting and war preparation.     

On fighting for global justice: the role of a Third World international lawyer

Abstract

The life of a Third World international lawyer is devoted to resistance to the norms of international law designed by agents with power to promote the interests of the powerful sections of the international community. Increasingly the instrumental norms of international law are fashioned through the use of private power, making the positivist claim that public international law is a law between states illusory. The task of this paper is to identify a framework of common concerns so that a collectivity of Third World lawyers can work together, examine how mechanisms of power can be countered, and devise a confrontational strategy.     

Disrupting civility: amateur intellectuals,international lawyers and TWAIL as praxis

Abstract

This paper is a reflection on the role of intellectuals in engaging with Palestinian solidarity movements and liberation discourses, and on the place of international lawyers specifically within that context. The paper considers ‘the question of Palestine’ as a rigorous test for intellectuals in the Global North today, and examines particular debates over free speech, civility and balance that unfolded in the wake of Israel’s 2014 war on Gaza. It considers the interventions of international lawyers in these debates with reference to Edward Said’s ‘amateur’ and ‘professional’ intellectuals, and explores ways in which anti-colonial international lawyers (as amateur intellectuals) can transcend prevailing professional orthodoxies to deploy language, arguments or tactics that rupture liberal legal processes and narratives on Palestine.     

International Trends in Prison Upsizing and Downsizing: In Search of Evidence of a Global Rehabilitation Revolution

Abstract

Our review of global trends in the use of incarceration reveals that both the number of people incarcerated worldwide and the global rate of incarceration continue to increase in every global region. In addition, there have been sizable global increases in the use of pretrial detention, the proportion of female prisoners, the proportion of foreign prisoners, prison privatization, and prison crowding. After reviewing these global trends, we examine the available data on correctional performance, focusing on global crime trends in the subgroup of countries (n = 20) where three-quarters of the world’s prison population is currently located. While most (17/20) of these countries continued to increase their prison population despite decreases in most crime categories, three countries—the Russian Federation, South Africa, and Pakistan—have reduced their reliance on incarceration (number and rate) while also reducing their crime rates. Compared to other countries with large prison populations, the United States’ overall increase in both the prison population (+14.4% since 2000) and incarceration rate (+2.2) can be described as modest. Our review of global trends in corrections and sentencing policy reforms revealed an emerging focus on offender rehabilitation in both prison and community corrections settings and a growing recognition of the link between community development and crime. Focusing on the potential impact of rehabilitation-rich policy reforms in the United States, we highlight the results of a recent simulation modeling study (Taxman & Pattavina, 2013 Pattavina, A., & Taxman, F. S. (2013). Using discrete-event simulation modeling to estimate the impact of RNR program implementation on recidivism levels. In F. S. Taxman & A. Pattavina (Eds.), Simulation strategies to reduce recidivism (pp. 267–281). New York, NY: Springer.[Crossref] , [Google Scholar]) designed to estimate the impact of expanding our institutional corrections treatment infrastructure. This study reported significant, but relatively small, long-term reductions in prison populations when treatment capacity and treatment quality are increased. These findings suggest that even major improvement in the quantity and quality of prison programming—by itself—will not fundamentally change the life course of prisoners, resulting in continued high return-to-prison rates for these offenders. We conclude that for the United States to significantly reduce its reliance on incarceration, we will need to rethink our approach to crime and punishment. Our global review of corrections and sentencing strategies identified a number of possibilities. Using the global incarceration rate and the global crime rate as benchmark performance “tipping points,” we call for the development of corrections and sentencing policies—and the hiring of corrections personnel—based on the new goal of corrections: individual and community rehabilitation.     

The European Union's role in networks on removal of fossil fuel subsidies and disclosure of climate change information

This article deals with newly emerging international collaborative initiatives around two issues connected to climate change: removal of fossil fuel subsidies and improving climate information disclosure practices in the business sector. While networked initiatives on the gradual removal of fossil fuel subsidies and a multi-actor network on disclosure of climate change information do not explicitly mobilize collective actions around climate change, they supplement and reinforce a wide array of other transnational initiatives and partnerships around climate change mitigation efforts. Analysed networks equip transnational policy processes around the climate change issue, initially formed by the United Nations Framework Convention on Climate Change's member states, with new policy tools to mitigate human-induced climate change and hugely expand the membership of policy-making at the international level. Newly emerging transnational networks in the area of fossil fuel subsidies removal and improving climate change information disclosure practices in the corporate world also strive for harmonization of policy methods and instruments across international boundaries. The experience of the European Union (EU) in promoting climate change actions among its member states and in sustaining collaboration with private actors can serve as an exemplary and learning tool for transnational policy networks across continents. And the size of the EU's market together with its governance structure provides it with a common legitimate voice at the international arena for climate change decision-making.     

The benefits of norm ambiguity: constructing the responsibility to protect across Rwanda,Iraq and Libya

Over the past two decades, International Relations scholars have highlighted the importance of efforts by hegemonic states and norm entrepreneurs to foster norm clarity when promoting the establishment, institutionalisation, and internalisation of norms. Yet, such analyses obscure the benefits of norm ambiguity in facilitating consensus, flexibility, and compliance. The authors offer a framework positing that hegemonic and institutional ambiguity can help create consensus and facilitate incremental reform necessary to sustain that consensus. Empirically, the authors then show how such ambiguity has facilitated the development of the responsibility to protect norm, tracing Rwanda-era debates over humanitarian intervention, Iraq-era backlash over interventionist abuses, and Libya-era norm implementation.