探索征地制度改革 确保农民合法权益

征地工作事关国家经济建设和农民切身利益。随着工业化和城市化进程的加快,大量土地被征用。目前土地还是农民生存保障之本,征地过程中如何确保农民合法权益已成为迫在眉睫的问题题。该文通过分析中国征地制度存住的问题,从保护失地农民权益的角度,提出了要严格规范土地征用、完善补偿机制及规范土地交易市场等建议。     

Is a Federal European Constitution for an Enlarged European Union Necessary? Some Preliminary Suggestions using Public Choice Analysis

In order to guarantee a further successful functioning of the enlarged European Union a Federal European Constitution is proposed. Six basic elements of a future European federal constitution are developed: the European commission should be turned into a European government and the European legislation should consist of a two chamber system with full responsibility over all federal items. Three further key elements are the subsidiarity principle, federalism and the secession right, which are best suited to limiting the domain of the central European authority to which certain tasks are given, such as defense, foreign and environmental policy. Another important feature is direct democracy, which provides the possibility for European voters to participate actively in political decision making, to break political and interest group cartels, and to prevent an unwanted shifting of responsibilities from EU member states to the European federal level.     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Projecting the Arena of Inclusion: The Case of South Korea in Pursuing a Phased Inclusive Growth Process

South Korea created a mechanism that fuels inclusive growth, a process that coevolves economic growth and social well‐being. This study attempts to elaborate on the context and preconditions for development that would manifest salience policy implications for moving up the industrial value chain and attain inclusive growth. We contend against the view of simplified growth cum equity that is used to elucidate the success of Korea's socioeconomic development (economic miracles). Our findings informed us that there were intense measures taken throughout different phases of Korea's industrial development. In addition, we observed in many occasions intense negotiations between the state, firms, and civil society for social welfare and a better working environment. This led to a pursuit for inclusive growth in the post catching‐up phase that blended together many inclusive agendas, realizing growth that coevolved industrial upgrading and social welfare. This article seeks to explain how Korea populated its arena of inclusion in the process of pursuing rapid industrialization. The overview of different phases of development provides normative principles that are useful as a guide for other economies which aspire to attain similar development.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.     

Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.     

Understanding contested women’s rights in development: the Latin American campaign for the humanisation of birth and the challenge of midwifery in Mexico

This article builds on the recent debates on human rights and development to discuss the case of reproductive rights and midwifery activism as part of the broader mobilisation for the humanisation of birth and against obstetric violence in Latin America and Mexico. Drawing on extensive fieldwork, the analysis shows how human rights continue to form a significant contentious and constructed terrain among women in the global South. The mobilisation for the humanisation of birth and against obstetric violence indicates how the clinical developmental view of reproductive rights is challenged by these activists as not necessarily safeguarding the rights of women during birth. In Mexico this campaign is essentially linked to the struggle to bring back and strengthen midwifery as a way of ensuring improved human rights in birth. The article concludes, however, that this campaign might be challenged by Indigenous rights in the near future.     

Birth Registration and Protection for Children of Transnational Labor Migrants in Indonesia

ABSTRACT

Policies on transnational labor migration do not consider workers' needs as parents or the rights and welfare of their children, including a child's right to an official identity through birth registration. A study of birth-registration decision making by migrant parents in Lombok, Indonesia underscored the need for targeted responses to uniquely challenging circumstances and priorities of migrant parents. Free birth registration through birthing and health centers and village-level leaders can overcome problems of decentralized implementation of national strategies and an exploitive registration brokerage industry, mitigating risks of de facto statelessness for children and a multigenerational pattern of undocumented and unsafe migration.