Assessing the reset: successes and failures in the Obama administration's Russia policy, 2009–2012

Critics of the Obama administration's ‘reset’ with Russia claim that it has failed to improve bilateral relations and has conceded too much to Russia at the expense of American interests. In fact, the reset has delivered significant improvements in key areas and established the institutional basis for continued cooperation in the future, benefiting both states. Although disagreements remain on several important issues including missile defence, humanitarian intervention, and democracy, the reset has been broadly successful on its own terms, which were always limited in scope and based on a pragmatic recognition of the limits of possible cooperation. Future progress is uncertain, however – obstacles include differences of national interest; the complicating effects of relations with third party states and the impact of domestic politics. A continuation of the pragmatic approach underpinning the reset represents the best chance for stability in the US–Russia relationship.     

Framing hostage negotiations: analysing the discourse of the US government and the Islamic State

Since August 2014, there has been a marked increase in the violence perpetrated by the Islamic State against Western hostages. Videos released by the Islamic State depicting the brutal executions of hostages have been circulated widely on social media. This has prompted a dialogue about governments’ policies regarding negotiation with terrorist organisations to secure the release of their citizens held overseas. The United States and Britain, two non-negotiating countries, have faced significant criticism for this policy, which has led to the beheadings of several American and British citizens. This article analyses the discourse of two spokesmen – White House Press Secretary Josh Earnest, and British hostage John Cantlie – in framing the issue of hostage negotiations on behalf of their organisations. A grounded theory approach informed by framing analysis is utilised in order to identify dominant discourses employed in White House press briefings and John Cantlie’s videos and articles. This article concludes that, through the deliberate use of discourse, the US government and the Islamic State shape public perception of hostage negotiations in pursuit of distinct policy goals.     

The terror/counterterror edge: when non-terror becomes a terrorism problem and real terror cannot be detected by counterterrorism

On the basis of cases such as the recent ban on the building of minarets in Switzerland or the prohibition on wearing a burka in France and the Netherlands, and the passage of terrorism legislation in various European countries in which there has never been a terrorism problem, as well as the recent history of counterterrorism in the United States, this paper examines how non-terror can become a terrorism problem and non-risk ideologically risky, while at the same time the real threats go undetected. The international prominence gained by Spanish Prime Minister Jose María Aznar when the George W. Bush administration declared a worldwide ‘War on Terror’ shows the political capital attached to terrorist risk. Countries may act as if afflicted by a case of ‘terrorism envy’ when non-risk may be perceived as political irrelevance. This paper argues that the dynamics of terrorism/counterterrorism should be seen in the cultural context of taboo while displaying the qualities of the Lacanian edge: a self-generating process that simultaneously links and separates them in a ‘non-relationship’ that is constitutive of the entire phenomenon.     

美国选举安全问题:以2016年和2020年总统大选为例

2016年美国总统大选暴露了长期存在于该国选举体系中的风险,"选举安全"迅速成为当代美国国家安全与国土安全领域的重要议题。美国选举安全涉及网络安全、社会安全、政治安全与军事安全,体现出"复合安全问题"的特质。美国联邦与各州政府试图从降低关键基础设施风险、重建选民信任、减少部门壁垒以及填补机制缺失四个层面入手,系统性化解存在于选举系统的各类安全威胁。2020年美国大选期间,原有选举安全风险得到一定程度的缓解,但美国国家安全体制及文化与其选举安全体系的运行逻辑之间仍存在多层矛盾,特别是美国选举体系的产业市场与创新之间的矛盾、国家安全与"言论自由"之间的矛盾、"全政府"与"地方权"之间的矛盾、"网络自由"与"网络主权"之间的矛盾。这些矛盾会长期存在,将使利益攸关方不断发生龃龉,阻碍相关政策深入推进,最终导致美国在选举安全治理上将一直面临难以克服的困境。     

论犯罪心理概念的发展对当代美国刑法的影响

从法律发展史的角度,犯罪心理概念在英美法系的发展可以初步概括为三个发展阶段,它的发展与成熟代表了普通法发展和现代化的过程。同时,犯罪心理概念的主导地位的确立直接导致了英美法系主客观相统一原则的形成。当代美国刑法学界对其进行了合理的改造,改造的结果使主客观相统一原则在美国刑事司法实践中更现实,并且致力于平衡公平与效率的关系。因此,主客观相统一原则在英美法系同样扮演着重要角色。     

Global dollar standard: challenges for Asian financial integration

Current international financial system is characterized by the global dollar standard where the US dollar plays an essential role in many aspects of international usages. This is particularly the case in Asia where the dollar remains as a major reserve, vehicle and anchor currency. The paper deals with the challenges of dollar over-reliance in the world in general and in Asia in particular, with emphasis on the fact that Asia being a creditor to the US has to cope with the problems and instability that the dollar standard brings about. Asia needs to have further regional financial integration and to strengthen regional financial cooperation supported by a strong institutional arrangement, a sound regional financial market and a collective regional monetary regime.

我国目前不宜全面引入辩诉交易制度

辩诉交易一直以来被广泛讨论 ,在实践中也有少量案件开始采用辩诉交易的方式结案。通过分析美国辩诉交易发展的内在原因和我国的现状 ,认为我国不宜全面引入辩诉交易制度。     

美国性骚扰法律制度及其借鉴意义

性骚扰是不受欢迎的带有性色彩的言行,是一种非法的性歧视。依美国判例,性骚扰不必源于性的目的,其内容不必是直接的表示;同时,性骚扰行为者在主观上应当是有过错的,受害者在主观上须为不欢迎骚扰行为。构成可诉的性骚扰行为其损害后果须达到严重的程度。依美国最新判例,同性之间也可以构成性骚扰;雇主对员工中的上级职员的性骚扰行为承担民事责任。美国的性骚扰法律制度对我国的立法具有一定的借鉴意义,如公法上的规定并不排除私法的适用,性骚扰的含义应当包含性别歧视,雇主责任应当在立法上得以确立,立法者应当在道德规范和法律规范中寻找平衡点。     

Trump and the End of an Era? The Liberal International Order in Perspective

ABSTRACT

The liberal international economic and political order which the United States created from the ashes of World War II and has since led is in trouble. To United States President Donald Trump, the order which provided the framework under which sovereign states agreed to follow a rules-based system of economic and political cooperation and shared multilateral governance, has not only allowed other nations (in particular, China) to take advantage of US ‘magnanimity’, but also weakened the United States economically, while asymmetric alliances compromised its military advantages. Given the sustained assault this cosmopolitan order is facing, many fear that it may not survive if Trump is re-elected in November 2020. Indeed, if the United States response to the COVID-19 pandemic is any guide, an ‘America First’ agenda, especially a hard-line approach to China, will shape US policy if Trump wins a second term.     

Representation and district magnitude in plurality systems

Despite the widely accepted theoretical prediction that high district magnitudes should yield less proportional results in plurality systems, empirical evidence is surprisingly mixed. We argue that these mixed results are ultimately due to a lack of clarity about the counterfactual being considered. We use a simple model to show that an increase in district magnitude reduces expected proportionality in a plurality system only if it is accompanied by a reduction in the number of districts. This conditional prediction helps to explain the diversity of existing findings and is consistent with our own analysis of both U.S. congressional delegations and local councils in Britain.