Legitimacy,self-determination,and conditional cooperators

ABSTRACT

This article critically examines the account of collective self-determination and state legitimacy developed by Stilz in her book. Central to this account is the idea that for a state to be legitimate it must reflect the shared will of the people over which it governs. I argue that the normative taxonomy Stilz employs to develop this criterion of legitimacy ignores the possibility of conditional cooperators: groups who are alienated from society due to the injustices they experience but are willing to affirm their participation in state institutions if these injustices are rectified. I then demonstrate that since there are no grounds for discounting the dissent of conditional cooperators, their presence significantly increases the threshold for state legitimacy that follows from Stilz’s theory. As a result, Stilz is forced to abandon her claim that basically just states generally enjoy a qualified ‘right to do wrong’.     

The spaces of intervention for Mali and Guinea-Bissau

ABSTRACT

This article focuses on interventions by the African Union and the Economic Community of West African States in Guinea-Bissau and Mali. In the literature, these are often approached in a ‘top-down’ manner, focusing on formal institutions, not accounting for the complex dynamics in and around conflict intervention. This article argues that adopting space as an analytical lens allows new ways to address these issues. It highlights how interventions by different actors and their interactions are influenced by spatial perceptions and framings, which result in the making of different ‘spaces of intervention’ through different practices. The two described here, ‘scaling’ and ‘establishing reach’, enable strategic and continuous formation and negotiation of spaces for action, according to actors’ needs and interests. Thus, shedding light on specific actors and their practices, the article contributes to a better understanding of the complex dynamics in conflict intervention in West Africa.     

The Responsibility to Protect at Ten: Glass Half Empty or Half Full?

Abstract

Far from having faded away, ten years after its formal adoption, the responsibility to protect (R2P), is arguably more relevant than ever. In the current overall context of protection crises, heightened in severity by the emergence of violent extremists, R2P has changed the way in which the international community characterises situations that involve protection failures, and has raised expectations about what should occur when atrocity crimes have been committed or are imminent. UN member states now agree that prevention is at the core of R2P, that international action should employ the full range of diplomatic, political and humanitarian measures, and that military force should only be considered as a measure of last resort. While there is continued contestation about particular aspects of R2P – as there is over much older normative advancements, such as human rights – R2P has helped to forge political consensus and build new institutional capacity to prevent and respond to atrocity crimes.     

In Defense of the Responsibility to Protect: A Response to Weissman

This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia.     

关于行政法的哲学思考

一门法学学科只有走向法哲学,才能趋于成熟和发达。行政法学作为一门年轻的法学学科,尤其应该加强其法哲学层面的研究。本文对行政法哲学的对象、性质、范围、体系及其现状等问题进行了初步研究。     

Are Public-Led Arts Incubating Programs a Double-Edged Sword? A Case Study of the Arts Council Korea’s Performing Arts Grant Program

A nation’s cultural policy is derived from its political and governance history, and its past practices. Taking the genealogical traits of South Korean cultural policies into account, the authors examine the contributions and risks of a public-led arts incubator program. One of the Arts Council Korea’s grant programs in the arts-incubating structure was involved with a public funding scandal of political intervention during the grant review process. Consequently, questions were raised about the current bureaucratic system for cultural policy. This article discusses the legitimacy of state intervention in the arts, and analyzes the case with relevant collected documents and interviews.     

Autonomous weapon system: Law of armed conflict (LOAC) and other legal challenges

The legality of autonomous weapon systems (AWS) under international law is a swiftly growing issue of importance as technology advances and machines acquire the capacity to operate without human control. This paper argues that the existing laws are ineffective and that a different set of laws are needed. This paper examines several issues that are critical for the development and use of AWS in warfare. It argues that a preemptive ban on AWS is irrelevant at this point and urges the appropriate authorities to develop a modern legal framework that is tailored to embrace these state-of-the-art weapons as the Law of Armed Conflict (LOAC) develops. First, this paper explores the myriad of laws designed to govern the potential future development and deployment of artificial intelligence and AWS in the context of International Humanitarian Law or LAOC. Second, the paper argues that it will be challenging for AWS to fulfill the requirements laid out under the International Committee of the Red Cross and LOAC for the rules of humanity, military necessity, distinction, proportionality and precaution, especially as it is related to noncombatants. Third, the paper discusses command responsibility and argues that states should establish accountability for wrongful acts committed by the AWS. Finally, this paper contends that there is an urgent need for a new legal framework to regulate these AWS and presents different solutions for the legal framework of AWS.     

Early detection and early intervention in prison: improving outcomes and reducing prison returns

Our aim was to investigate whether early detection was feasible in prison and whether it could improve mental health outcomes in young prisoners. A secondary aim was to explore whether it can reduce returns to prison. Between 2011 and 2014, a total of 2115 young prisoners were screened, 94 (4.4%) met criteria for ultra-high risk for psychosis and were offered an intervention, 52 actually received it. Return to prison data were sought on the 52 participants, receiving a formal intervention. Of the 52 prisoners who received an intervention, 30.8% returned to custody compared to national average reconviction rates of between 45.4 and 66.5%. Our results suggest that early detection is a feasible option in a prison setting, improving mental health outcomes and reducing returns to prison. Mental health outcomes were recorded for a sub-sample of those receiving the intervention. The results indicated statistically significant improvements on measures of depression, anxiety and psychological distress.     

浅谈对家庭暴力的法律干预

家庭暴力是我国一个严重的社会问题,它泛滥的重要原因之一是法律对家庭暴力的干预力度不够和家庭暴力立法的滞后。尽快出台《家庭暴力防治法》,完善我国预防和制止家庭暴力的法律体系是控制家庭暴力最迫切而有效的手段之一。     

政府干预与劳动者权益--兼与王一江先生商榷

最低工资制度在中国的实施是有效的,并不会出现劳动经济学理论规范分析得出的"获益者是被覆盖部门,损失者是未覆盖部门"这种现象.主要原因是,中国规范部门的工资高于均衡工资,更高于最低工资;中国不规范部门,实际上是雇主垄断型劳动力市场.政府应该干预劳动力市场、劳动关系的运行,政府干预的价值取向是,确立劳动者主体地位、追求经济效率.