超越GATT／WTO：美国对外贸易法中双边主义的复兴

双边主义是由两个国家(或地区)参加并协商解决问题的一种理论和主张。自20世纪60年代中后期以后,随着美国世界经济霸主地位的丧失,美国已不能从GATT/WTO规则中获取更多的优惠,转而谋求一种更为直接、快捷、有效的贸易体制来扩大进出口,发展经济。双边协定,特别是双边自由贸易协定满足了这种要求,但也对GATT/WTO多边贸易规则产生深远的负面影响。     

Technology spillovers and stability of international climate coalitions

Cooperation in international environmental agreements appears difficult to attain because of strong free-rider incentives. This paper explores how different technology spillover mechanisms among regions can influence the incentives to join and stabilise an international agreement. We use an applied modelling framework (STACO) that enables us to investigate the stability of partial climate coalitions. Several theories on the impact of technology spillovers are evaluated by simulating a range of alternative specifications. We find that spillovers are a good instrument to increase the abatement efforts of coalitions and reduce the associated costs. In our setting, however, they cannot overcome the strong free-rider incentives that are present in larger coalitions, i.e. technology spillovers do not substantially increase the success of international environmental agreements. This conclusion is robust with respect to the specification of technology spillovers.

Cross-cultural conflicts within sports teams

Since sports are increasingly used a way to bring formerly conflicting parties together post-conflict, more work needs to be done to ensure that sports are actually conducted in a way that promotes peace rather than exacerbates the conflict. Since many sports-for-peace programs cross cultural boundaries, this exploratory study was conducted to gain insights into interpersonal and cross-cultural conflicts within sports teams. This research was accomplished with three very culturally diverse teams of college-level athletes in a public university in the United States and focused on the types of conflicts, where those conflicts occurred, how the conflicts developed, who was involved, how the conflicts ended, and their effects on team cohesion. The findings of the study give valuable insight into how cultural differences and their resultant ramifications were viewed and worked through by the athletes involved. The authors also considered some ethical issues that resulted when groups of athletes were brought together from different cultures. This study is a first in a series of studies that examine the types of cross-cultural conflicts that occur within sports teams. The findings in this study are of interest to physical education instructors, coaches, peace education teachers, and professionals using sports to promote peace.     

60年时代主题的重大变革——从“战争”到“和平”的大局统筹

统筹国际与国内两个大局,关乎国家在建设时期"中心任务"的抉择,是建国60年经验总结中不可回避的课题。在十一届三中全会之前与之后,对国际和国内两个大局的不同统筹观(即从"战争格局论"到"和平与发展论";从"要准备打仗"到"集中力量搞经济建设"的巨大变革),对国际政治、尤其国内的建设格局以及台湾问题的处理方针都产生了极其重大的影响。抚今思昔,在改革大势下,我们全面肯定邓小平的全局统筹观;继往开来,在历史镜鉴中,不等于轻率地否定1978年改革以前毛泽东的大局统筹观,这是历史的否定之否定,是历史的辩证法。     

Japan＇s ＂unsettling＂ past： Article 11 of San Francisco Peace Treaty and its ramlncatlons

Article 11 of the Treaty of Peace with Japan （San Francisco Peace Treaty） has become a rallying point for some activists and historians in their endeavor to have Japan recognize its ＂war responsibility＂ and redress its ＂unsettled past＂. The provision stipulates Japan＇s acceptance of the ＂judgments of the International Military Tribunal for the Far East and of other Allied War Crimes Courts both within and outside Japan＂. The wording of this provision, which is ambiguous enough to leave a room for its re-interpretation later, was a result of a compromise among the World War lI Allies. Yet, neither archival investigation of the article＇s drafting process nor a survey of the opinions of U.S. legal experts in the public international did not prove the validity of the revisionist thesis. Nevertheless, the treaties Japan signed with its former colony （Korea） and belligerent （China） left the settlement of war-related issues obscure, creating a leeway for initiating later controversies. The end of the Cold War heralded the re-evaluation of World War I1 settlements. The subsequently created agitated environment surrounding the historical discussion of Japan＇s so-called ＂unsettled＂ past has been ＂unsettling＂ enough to prevent the Japanese leaders from establishing a uniform interpretation of Article l l, and has added impetus to the movements pressuring Japan to recognize its ＂war responsibility＂. Although interested parties have so far cited Article 11 mainly to demand ＂inaction＂ from Japan, such as to discourage Japanese political leaders from visiting the Yasukuni Shrine, there is a growing indication that some may well utilize it to demand Japan＇s ＂action＂--to pay indemnities to the victims of Japan＇s alleged atrocities through various forms of redress movements.     

论国际法的财产权逻辑

财产权与主权的关系、财产权与国际和平及发展的关系、全球化背景下国际法实践的基本趋势,以及财产权内涵的确定性都表明,在理解国际法方面,财产权逻辑可以构成传统主权逻辑之外的另一进路。迄今为止,国际法的财产权逻辑在权利主体、规制标准以及保护手段方面发生了重要变化,而在财产权观念方面并未发生明显变化,这对于以往以及未来的国际和平与发展都具有重要的影响。财产权逻辑的进路促使人们认识到国际法实践在主权之外还存在着或许更为绵长的动力,即财产权,从而有助于国际社会借鉴国内成熟的财产权法律经验,以国际法基本宗旨为基本依据,解构并重构现行国际法财产权逻辑,以切实实现并长期维护国际和平与发展,进而推动国际法治。     

A Weberian approach to citizenship in a divided community

In the British Isles, traditional accounts surrounding the concept of citizenship usually develop along liberal or neo-liberal pathways. That is to say the study of citizenship in these Isles derives from the work of the late T.H. Marshall. While the importance of his work deserves its time-honoured acknowledgement in the literature, various writers such as Giddens, Heater, and Turner have taken issue with his argument that citizenship rights were handed down or that they ‘re-evolved’ over the eighteenth, nineteenth and twentieth centuries. However, their main differences with Marshall are not along theoretical lines but rather the applicability, or otherwise, of his model to other societies. Roger Brubaker points out that the nation state is the final arbiter of who is, or is not, a citizen which in the modern world is an act of social closure. This paper will discuss the efficacy of a sociological approach, based on social closure theory, as a means of understanding the struggle that has accompanied the granting of citizenship rights. Northern Ireland will be used as a case study to assess the effectiveness of social closure theory as a sociological explanation for the expansion of citizenship rights in a divided community.     

Maastricht Treaty in the Shaping and Development of the Common Foreign and Security Policy （CFSP）

For the European Union （EU）, it discusses how to deliver （great project） European unification. Motivated by the idea that the association of European countries is a far better alternative to the previous mutually confronted Europe, a project in the following decades led to the emergence of a new and unprecedented work on European soil--EU. Its present form is the product of more than 50 years of evolution of European integration, which today despite initial six Western European countries including the former main rivals Germany and France include 27 member countries of the union, as well as many other countries with candidate status for membership in the EU. Seen in the development context, the union is not a preconceived model of the association of European countries, but is the product of a complex multiple decade-long process of integration in which different actors are involved. Within this process, depending on the achieved level of integration, the union received a different shape. In its present form and name as the EU, it occurs even in the early 90s of the last century, long before it passed through small-scale forms of integration.     

Negotiated settlements and peace referendums

Institutional innovations in conflict management have received considerable academic attention in the past decades. Yet few studies have considered the design of referendums in peace processes and the role of popular mandates in catalysing negotiated settlements. Drawing evidence from divided societies, particularly the contrasting cases of South Africa and Cyprus, the article points to the importance of ratification sequence and early mandate referendums. Specifically, it demonstrates how mandate referendums focusing initially on domestic constituencies enable leaders to pre‐empt ethnic outbidding challenges while concluding a peace agreement. An early ratification process could safeguard the peace process from unavoidable reversals in public opinion, increase flexibility as to the timing of critical decisions and maximise the credibility of leaders aiming for a negotiated settlement. The study of mandate referendums has important implications for broader research on international mediations since it suggests mechanisms by which political actors could ensure the ratification of significant treaties in global or regional politics.     

Ownership in Theory and in Practice: Transfer of Authority in UN Statebuilding Operations

The language of ‘ownership’ is commonly used in statebuilding operations, but it is not clear that the term has either consistency or substance. It certainly does not have its literal meaning, in the sense of rights of possession either of property or a formal stake in an organization, such as shares in a corporation. Instead ownership tends to be used figuratively – much as ‘buy-in’ in this context usually does not suggest an actual financial transaction – to refer in a more vague way to the relationship between stakeholders, with meanings ranging from a sense of attachment to a programme or operation, to (rarely) actual controlling authority. This essay explores how ownership emerged as a shibboleth of the development community and how it has influenced UN statebuilding operations. The emphasis will be on rule of law institutions, but the critique of ownership applies to post-conflict operations more generally.