Ethnic Origins and the Disposition of Delinquents in Israel

Theoretical considerations lead to the hypothesis that the dispositions of juvenile cases affecting Oriental Jews will be harsher than those affecting European Jews in Israel. Further, that Arab juveniles will be dealt with more harshly than will either European or Oriental Jews. Analysis of official delinquency data reveals that this is the tendency. However, the authoritarian structure of the Arab community rather than prejudice explains the difference in handling Jewish or Arabic cases.     

民事法律监督视野中的“先法后检”模式

"先法后检"模式及相关立法造成两次再审,在国家利益和社会公共利益的保护、对恶意诉讼的打击等方面未予以例外规定,拉远了检察院与当事人间的"距离"。为此,检察院应树立科学的执法理念,严格执法,积极与法院合作,确保该模式得以贯彻落实,并取得良好的成效。     

新刑事诉讼法视阈下诱惑侦查的理性运用

诱惑侦查是实践中经常运用的一种侦查方式,由于诱惑侦查没有明确的法律地位以及在实施过程中伴随着侵犯人权的风险,导致诱惑侦查的争议不断。随着新刑事诉讼法的出台,尊重和保障人权作为一条基本原则出现,在诱惑侦查的使用过程中如何平衡惩罚犯罪与保障人权之间的关系成为一大难题。因此,只有根据新刑事诉讼法的相关规定来研究诱惑侦查的法律规制,才能致使诱惑侦查有效打击犯罪的同时又不致侵犯人权。     

Regionalist governance and transnational collective action in Latin America

Abstract

New forms of regionalism are now a central element in global governance. It is sometimes suggested that new regionalism represents an opportunity for transnational civil society activism. I explore this argument through a comparison of processes of collective action in two emerging frames of regionalism governance in the Americas, the FTAA/Summit of the Americas and Mercosur. I show that, while civil society activism has regionalized to some extent in relation to both hemispheric regionalism and sub-regionalism, this process is far more marked in the former. I suggest, further, that the influence of civil society actors in regionalist governance in the Americas is extremely limited. This is due to persistent institutional barriers to inclusion, the practical obstacles for many groups of scaling up to the regional/transnational level and the particular difficulties associated with accessing trade-based negotiations.     

Religion and inter-ethnic violence in Indonesia

Commentators have long struggled to understand state-society relations in Asia within the framework of the dominant liberal-democratic conceptualisation of civil society. This article examines the relevance of Antonio Gramsci's theory of civil society for understanding contemporary Cambodia and Vietnam, with reference to both legal and social frameworks. Such an analysis illuminates important aspects of state-society relations in Southeast Asia that tend to be overlooked by dominant liberal and Marxist perspectives. This article argues, however, that the utility of Gramsci's conception of civil society for understanding state-society relations in Cambodia and Vietnam, by retaining the notion of civil society as a realm associatively separate from the state, is limited.     

The US and the Asian Development Bank: Origins,structure and lending operations

The dominant discourse related to the establishment of the Asian Development Bank revolves around its structure, functions and lending operation. But the self-serving role played by the US during its formative years has been largely neglected. This article focuses on the early years of the Bank (1967–1972) and American efforts to make it a subservient tool of American foreign policy. A close examination of American role and influence within the Bank during its formative stage illustrates how multilateral institutions, funded by rich countries, can be used to force poor nations adopt methods for dealing with their problems, at odds with their own interest.     

State,identity, and the politics of music: Eurovision and nation-building in Azerbaijan

Albeit often – and fairly – degraded in the world of high culture as a populist and politicized representation of music, the Eurovision Song Contest (ESC) – by sheer virtue of the populist and politicized nature of its essence – stands among the most consequential cultural encounters to which post-independence Azerbaijan has been exposed, in that the extent to which Baku's victory in the ESC-2011 – and the further developments this victory has generated – can potentially impact on, and contribute to, the very process of nation-building and national identity formation, with which this post-Soviet Muslim-majority country is currently struggling, is unparalleled by any of the state's earlier encounters of the kind. This paper focuses on, and examines, four intimately related ways in which the ESC and Azerbaijan's successful involvement with the latter worked to interfere with the country's nation-building: as a dubious factor in the evolution of the Western sense of self among Azerbaijanis; as a unifying force within the structure of the country's rapidly maturing civil society; as a medium working to open up a channel through which Western popular cultural elements could interfere with the evolving dynamics of, and work to globalize, indeed de-endogenize, indigenous Azerbaijani culture, on one hand, and unify the discursive realm within which the country's cultural domain is to further evolve, on the other; and, finally, as an important element serving to decouple the evolving processes within the country's cultural domain from the unfolding dynamics of conflict settlement and hence conducive to the diversification of public discourse in Azerbaijan.     

Whose world? Development,civil society,development studies and (not only) scholar activists

The current international development discourse focuses much on the Millennium Development Goals (mdgs) as part of a global social contract in support of international cooperation and governance, with the debate on the post-mdgs and the Sustainable Development Goals (sdgs) indicating a shift. These goals are at least in part addressing developmental constraints confronting the world as a result of the effects the dominant growth models have had on limited resources and global goods. Rio+20 was a forum which brought to the fore the conflicting issues at stake and the challenges for any development paradigm seeking to enhance global justice and equality. This article explores the discrepancies between dominant paradigms cultivated in official discourses, on the one hand, and alternatives for another development presented as anti-hegemonic counter-models for survival strategies. It considers the role of civil society agencies and scholar activists in development studies.     

The Short‐Term Effects of Mediation on Low‐Intensity Civil Wars

International diplomacy, to the extent it is effective, should not only prevent escalation of low‐intensity conflict, but should also facilitate de‐escalation. This article focuses on the short‐term effects of managing low‐intensity civil wars through third‐party mediation. Specifically, we compare the efficacy of third party‐mediated direct (face‐to‐face) and indirect talks in low‐intensity civil wars from 1993 to 2004 using the Managing Intrastate Low‐Intensity Conflict data set. We argue that a focus on short‐term success is valid because of the relationship among mediation, short‐term success, humanitarian aid access, and peacebuilding. We also assess the roles of mediator identity, mediation strategy (behavior focus versus incompatibility focus), peace agreements, war type, per capita gross domestic product, level of democracy, and conflict duration. Our overarching finding is that direct forms of mediation in which all parties meet face to face were the most likely to yield short‐term success in the sample of civil wars that we analyzed.     

Defining Civil War by Examining Post-Soviet Conflicts

Great many violent events happened during 1991–2005 in the 12 states that emerged after the collapse of the USSR but only a few civil wars are registered in the major datasets. That brings up a number of questions about the operational definitions of civil war that generally point in the direction of shifting the research attention from refining the quantitative parameters to grasping the essense of the phenomena in question. It is proposed that civil war partially overlaps with several other type of violent crisis: inter-state wars, civil unrest and revolutions, internal repression, military coups and mutinies, banditry and organized crime, and terrorism. These overlaps create six ‘gray zones’ where only very nuanced examination rather than application of rigid criteria could help in distinguishing civil wars from other crises. Therefore, data collection based on a single “robust” definition, which incorporates several verifiable parameters, is not necessarily the only path to scientific knowledge about civil wars.