论联合国经济制裁中的人权保护——兼评联合国对朝鲜的经济制裁

联合国经济制裁是安理会依据《联合国宪章》第41条为维持国际和平与安全采取的一种强制措施.战后安理会实施的经济制裁一方面给受制裁国发出了要求或强迫其遵守国际法的警告,而另一方面,在实施制裁过程中给受制裁国带来人道主义灾难,妨碍而不是促进人权,从而削弱了经济制裁的效力.因此,联合国在经济制裁中也应遵守国际人权法和国际人道主义法.     

Sanctions and Democracy

How do economic sanctions affect democratization, and should the former be used to promote the latter? Imposing economic pain on large swaths of an already vulnerable population in order to nudge democratic change poses thorny issues. Does it work, in terms of securing democratic outcomes? Even if it did, is this way of achieving change justifiable? We explore the connections between the normative and positive sides of the argument for sanctions in light of theoretical and normative progress in two decades of post-Cold War research on democracy. We argue that some sanctions policies used under specific conditions are more justifiable, but there are other sanctions policies that are less justifiable.     

Hearing the Noise: Economic Sanctions Theory and Anomalous Evidence

Our understanding of economic sanctions has progressed significantly over the past three decades. Sanctions scholars have done a remarkable job at using empirical anomalies to guide theoretical developments and then using these to guide the next iteration of data collection and empirical testing. Here, I argue that mounting empirical evidence suggests it is time to develop a new theoretical perspective. I identify a number of empirical results, some unpublished, that are hard to reconcile with existing theory, and I argue that there is enough consistency in these results to suggest which way to turn.     

Managing Victim Confrontation: Auto Theft and Informal Sanction Threats

Objectives. This paper explores how offenders manage the prospect of victim confrontation during auto theft. Methods. Data were drawn from in-depth, semi-structured interviews with 35 active offenders recruited from the streets of a large Midwestern US city using snowball sampling methods. Results. Two contextual domains figured prominently in the offenders’ decision-making calculus: The area around the target and the target itself. The first galvanized the offenders’ attention to, and management of, informal social control. The second enjoined offenders to balance speed and stealth in breaching the target. Conclusions. Victim confrontation is an informal sanction that is distinct from both retaliation and traditional extralegal sanctions. The rarity with which it occurs in auto theft is likely due to confrontation avoidance measures offenders adopt at the front end of the offense and during the enactment process itself. The conceptual implications of victim confrontation in crime are explored in relation to the following five areas: (1) sanction celerity and present orientation; (2) sanction certainty and ambiguity aversion; (3) sanction interdependence; (4) violence avoidance; and (5) directions for future research.     

Unpaid debt to society: exploring how ex-felons view restrictions on voting rights after the completion of their sentence

The Supreme Court has asserted that ex-felon disenfranchisement is not a punishment. Regardless of the Court’s interpretation, however, many ex-felons perceive restrictions on voting rights as punitive. Therefore, felony disenfranchisement should be examined in terms of criminological theories of sanctions. In Florida, ex-felons are prevented from voting after the completion of their sentence until they go through a lengthy and in some cases impossible process of rights restoration. The consequences of this policy have resulted in hundreds of thousands of Floridians who have completed their sentences, but are unable to vote. This research employs 54 semi-structured interviews with men convicted of felonies in Florida who have lost the right to vote, but have completed their sentencing obligations to the state. Our purpose is to better understand the meaning former offenders attribute to the loss of their civil rights. Findings from this study suggest that many former offenders view this type of punishment as illegitimate and are angered by both the complex system of restoration and the inability to participate in democratic life. Other ex-offenders are embarrassed or fatalistic about their loss of rights. The implications for criminal justice policies and practices are discussed.