国际法上的大国问题

大国问题是国际法实践中的一个老问题。近年来,国际关系民主化与国际法治成为日益重要的国际议程,一批新兴大国也正在崛起,这些新发展既为处理大国问题提供了历史机遇,也使得处理这一问题变得更为复杂,具有鲜明的时代特点。大国问题涉及大国拥有与作为国际法基础的主权平等原则相冲突的法律特权,但法律特权并非是导致大国问题的惟一原因;被赋予法律特权的大国应当承担特殊的法律义务,但获得法律特权并非是大国承担特殊义务,包括特殊法律义务的惟一依据。为了有效约束大国的行动,国际社会一方面应当限制大国可以获得的特权、强化大国应当承担的特殊义务尤其法律义务,另一方面应当寻求建立监督大国依法善意行使特权、履行义务的程序法机制。     

Core self-evaluations in the military context： Relative effects on job satisfaction and organizational commitment

This study validates the construct of core self-evaluations （CSE） and examines the relationship of CSE with global job satisfaction and organizational commitment in the military context. Analytical results from 114 sergeants in the military school are summarized as follows： （1） Analytical results validate the convergent and discriminant validity of the constructs; （2） CSE has significant positive relationships with global job satisfaction and organizational commitment. This study provides practical implications for management in both business and military organizations and suggestions for future studies.     

Change and Continuity in the European Union's Political Conditionality: Aims,Approach, and Priorities

The EU's political conditionality has acquired increasing importance with successive enlargements; this also goes for the period since 2004 compared with that before. The focus here is on change and continuity in conditionality policy with respect to its aims, approach, and priorities. The article presents and applies a three-dimensional analysis concerning the challenge to, the process of, and the management of that policy. Given the need for assessing it in a broad and dynamic context, the discussion revolves around three relationships: between conditionality and post-communist democratization; between conditionality and the enlargement process; and between conditionality and the EU itself in terms of institutional responsibility for enlargement and conditionality matters. This explains how the policy since 2004 has been driven by four factors: more difficult democratization cases from the West Balkans; lessons from the earlier 2004 enlargement involving East–Central Europe; the policy outlook of Commissioner Olli Rehn; and ‘enlargement fatigue’ and stronger pressures from EU actors other than the Commission. As a result, political conditionality has become broader in its scope, much tighter in its procedures, and less easy to control within a less enlargement-friendly environment in the EU and against less certainty about enlargement prospects.     

The land grab and corporate food regime restructuring

Land grab appears to be a phenomenal expression of deepening contradictions in the corporate food regime. In particular, the end of cheap food (signaled in the 2008 ‘food crisis’) has generated renewed interest in agriculture for development on the part of the development industry, matched by a rising interest in offshore land investments, driven by governments securing food and fuel exports and financiers speculating on commodity futures and land price inflation. This paper interprets these developments as illusory solutions to a fundamental accumulation crisis of the neoliberal project. While this new (and final?) enclosure registers a restructuring of the food regime, as its geopolitical relations and productive content re-centers on Southern land and an emergent bioeconomic imperative, it is likely to only buy time (and space) in the short run for political and economic elites and a global consuming class. In the longer run, the attempt to resolve food regime contradictions by a spatial fix may well be catastrophic.     

The politics of consensus: al-Nahda and the stability of the Tunisian transition

Abstract

Tunisia&s transition away from authoritarianism has been shaped by a politics of consensus, which has brought together representatives of the former regime with their historic adversary, the Islamist movement al-Nahda. This article argues that consensus politics was a legacy of the authoritarian regime that was re-produced during a democratizing transition. The politics of consensus was encouraged and enabled by al-Nahda, which prioritized its inclusion within this elite settlement to provide political security for itself and the broader transition. However, this came at a cost, engineering a conservative transition, which did not pursue significant social or economic reform. The Tunisian case shows that historical legacies, such as consensus politics, can shape a transition as much as contingent, pragmatic decisions by political leaders.     

The Deep Roots of Libya’s Security Fragmentation

Abstract

Six years after the 2011 revolution that toppled the Gaddafi regime, the political transition in Libya is at a standstill. The fragmented security landscape fuels chronic local conflicts, lawlessness, and insecurity, and paralyzes the political transition with destabilizing consequences on its neighbors. What explains the rapid, profound, and lasting security fragmentation that affected post-Gaddafi Libya? Notwithstanding the manifest failures of the international intervention during and after the 2011 conflict, this article argues that the security fragmentation in post-Gaddafi Libya is deeply rooted in domestic economic, cultural, and political factors. In particular, the Libyan economy offers almost no employment opportunities, and the country lacks a unitary government and functioning state institutions that it needs to redistribute its oil wealth. Under these circumstances, Libyans attempt to cope with economic hardship, insecurity, and lawlessness by turning towards their family, tribe, neighborhood, or ethnic group, thereby fueling the fragmentation of security. Libya’s current security fragmentation and instability can be seen as part of the messy historical process of state formation. During this phase, political and security agreements are brokered and institutionalized through localized processes of rebel governance whose realm of possible arrangements are determined by contextual economic, political and cultural constraints.     

人权入宪对我国行政法民主化发展趋势的影响

本文就行政法民主化发展与宪政建设和法治政府建设的关系作了简要分析 ,指出行政民主是宪政建设和法治政府建设的重要内涵 ,人权入宪是 2 0 0 4年修宪的最大亮点 ,在此基础上分析研究了人权入宪对行政法民主化发展趋势的影响 ,旨在从行政民主的角度为我国宪政建设和法治政府建设提供参考     

从全球女性主义到跨国女性主义--兼论跨国女性主义的知识生产

当前,全球化正以摧枯拉朽之势,冲破民族国家的疆界,迅速改写着地方、国家和地区的意义。对妇女而言,全球化的发展,一方面使超越国家边界的妇女问题迅速攀升,如贫困的女性化,女性移民人口的增长,等等;另一方面也增强了妇女运动在全球范围里的连接,比如联合国的世界妇女大会,跨国NGO妇女组织和因特网。为界定这些全球化的新发展,推动全球范围内妇女运动的发展,自上世纪后期,“全球女性主义”,“跨国女性主义”的概念先后出现。本文将以上世纪70年代之后历次联合国世界妇女大会的实践为开端,进而转入对全球女性主义的思想理念——全球姐妹情谊(globalsisterhood)的分析,然后通过对跨国女性主义的实践和理论的介绍,进一步考察跨国女性主义的知识生产过程的特点。     

全球环境治理的有效性

全球环境治理经过三十多年的发展,已经形成了一个体制。然而,这个体制是有效的吗?为了回答这个问题,本文首先界定了全球环境治理有效性的概念和前提,然后分析了全球环境治理体制的功能与要素,随后根据确立的分析框架,评估了现有全球环境治理体制的有效性,并且认为该体制的有效性得分是中等偏低的。这也表明了该体制进行改革的必要性。论文最后提出了相关的政策建议。