职务犯罪秘密侦查制度比较研究

域外各国职务犯罪秘密侦查的立法情况及其基本特点,给我国职务犯罪中秘密侦查手段的使用提供了许多有益的启示:一是要排除职务犯罪不能使用秘密侦查手段的观念;二是要通过立法明确授权职务犯罪侦查部门使用秘密侦查手段;三是要严格适用条件;四是要建立对秘密侦查手段使用的监督体系。     

Visions of Tsafendas: Literary Biography and the Limits of “Research”

Abstract

Research seminar, research cluster, research output. The word is almost a fetish within the contemporary academy—but what does “research” actually mean in a discipline like literature? And what happens when a research project overspills its bounds, or pushes up against disciplinary limits and protocols? In this piece, I explore such questions via the figure of Demetrios Tsafendas, the "mad Greek" who assassinated apartheid Prime Minister Hendrik Verwoerd in 1966, supposedly acting on instructions from a tapeworm inside him. It is one of the strangest facts in South African history; it is also, of course, a kind of fiction, and one that has been refracted into a range of literary and artistic works. Reading across both official and “creative” archives, I address a range of methodological problems that I encountered in attempting an academic treatment of Tsafendas and his (as the presiding apartheid judge put it) “useless life”.     

Dancing with Difference: Hugh Tracey on and in (African) Music

Hugh Tracey (1903–1977) founded the International Library of African Music (ILAM) and is well known for his recordings of traditional African music. This paper examines Tracey’s written representations of African music and of the musical interactions involved in the formation of his archive, finding contradictory repressive and collaborative elements in his work and an ambiguous stance toward musical difference. In doing so, it reveals Tracey’s implication in racialized colonial and apartheid power structures and challenges the celebratory view of him as a champion of indigenous culture.     

Looking back,thinking forward: Understanding the feasibility of normative supranationalism in the African Union

The creation of the African Union (AU) in 2002 was seen as a significant paradigm shift in the course of continental integration. Unlike its predecessor, the Organization of African Unity, the AU has a normative framework that espouses supranational aspirations. Various aspects of the AU framework, such as the nature of some of the AU institutions, the declared right of intervention, and the objective of harmonising the policies of Regional Economic Communities under the AU umbrella, are allusions to supranationalism. Furthermore, it appears that normative supranationalism is the goal, in that these aspects indicate the intention on the part of the architects of the AU to create a regime under which AU laws and policies are superior to national and sub-regional rules. The fact that, after a decade of the AU's existence, little or no progress has been made in this regard requires serious introspection. Therefore, the aim of this paper is to explore some of the factors that militate against the effective operation of normative supranationalism in the AU and proffer recommendations on how to address those constraints.     

Outsourcing a partnership? Assessing ACP–EU cooperation under the Cotonou Partnership Agreement

Since 2000 the cooperation between the European Union (EU) and the African, Caribbean and Pacific (ACP) states has been governed through the Cotonou Partnership Agreement. This article complements existing research that focuses on Brussels-based stakeholders with an analysis drawing on the existing literature and on stakeholders' perceptions of ACP–EU cooperation and ACP institutions gathered via interviews in nine ACP countries. The findings presented observe a social disconnect between, on the one hand, the Cotonou Partnership Agreement's institutions and Brussels-based representatives, and, on the other hand, the broad-based and multistakeholder partnership they are tasked to promote. The article points to low levels of support in ACP countries, particularly in Africa, to continued ACP–EU cooperation in its present form, and stresses the need for an open and participatory process of reviewing and reshaping ACP–EU relations.     

ANC foreign policy making during the Mbeki period: More democratic or less?

The African National Congress, as an entity distinct from government, served during the 1994–2008 period as an independent forum for debate about South Africa's foreign policy, particularly in the National Executive Committee's Subcommittee on International Relations. This debate retained the oligarchic character of the movement in exile, with few voices – Thabo Mbeki's most prominent among them – dominating the discussion, inputs from subnational party structures almost non-existent, and dissenters expected to keep quiet publicly. That said, participants in these discussions largely dismissed characterisations of Mbeki as a dictator in the foreign policy debate, noting that the predominance of his views stemmed mostly from his strong argumentation and knowledge rather than bullying. Senior ANC leaders also claimed that limited interest in foreign policy, outside of national party structures, hindered efforts to broaden participation in foreign policy formulation.     

The regional brand: collective image consciousness in Africa and Southeast Asia

States in the same region are bound together by the ways in which the world imagines them as a collective. One distinguishing feature of post-Cold War regionalism is its outward orientation – the importance of the external dimension of regional cooperation. By and large, though, existing analysis of regional institutional development in the Global South does not explicitly conceptualise and theorise collective image consciousness and management. This paper works to address this conceptual gap. Making use of two cases of regional image crisis – post-1980s Africa and post-1997 Southeast Asia – it draws out two primary logics of regional image consciousness: the logic of influence and the logic of resources. A region’s ‘brand’ with respect to (dys)function and international norm (non-)compliance matters to regional actors because it affects the region’s political influence in international arenas and the region’s ability to attract resources from donors and investors.     

African Union and Intra-State Conflict Resolution: A Return to the Libyan Crisis (2011)

This paper looked at the performance of the African Union (AU), in the resolution of intrastate conflicts in Africa. The study necessitated a revisit to the Libyan crisis. It is acknowledged in the study that conflicts pervade human relations. In the case of Africa, the study further shows that Africa has never experienced a lasting peace. The theoretical framework of games theory has been adopted in the study, to describe the character of African conflicts and to proffer solutions for the minimization of the level and number of such intrastate conflicts. The Libyan conflict typified the character of intrastate conflicts in Africa and was used for illustration in the study. The study concluded that the AU has made significant contributions toward the resolution of intrastate conflicts in Africa but there are still shortcomings of the AU and impediments to the efforts of the African Union, toward the resolution of such crises.     

When Art and Commerce Collide: Colorization and the Moral Right

ABSTRACT

This article challenges the dominant framework that drives US public diplomacy initiatives and insists that, short of major structural changes, US public diplomacy lacks ethical legitimacy. Based on a review of past US public diplomacy practices, the article finds that these efforts were mainly characterized by a one-way flow of information and an emphasis on image management. Using the theories of hegemony, American exceptionalism, Orientalism, and cultural imperialism, the author lays a theoretical framework for analyzing public diplomacy. The author suggests that, for public diplomacy to move beyond propaganda, it needs to incorporate two-way communication and symmetry.     

Art,Artists' Associations,and the State in Norway

Conservation of indigenous heritage is closely associated with the political and social position of the indigenous people in society. In order to understand the ongoing debate and changing perspectives on indigenous heritage, study of the growth of American Indian communities and their relationships with the U.S. government is crucial. Therefore, this article examines the federal policies and programs and the political dynamics presented in conserving indigenous heritage by reviewing Indian policy developments within the past two decades. American Indians did not possess ownership of their own cultural heritage and could not participate in the administration and formation of legal protection for heritage conservation. Policy changes have been influenced by the evolving roles of American Indian communities; this article explains how tribes finally became a partner in heritage conservation efforts.