Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

Why Do States Commission the Truth? Political Considerations in the Establishment of African Truth and Reconciliation Commissions

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice.

Asylum,welfare and civil society: a case study in civil repair

This paper examines a civil society challenge to UK government legislation withdrawing welfare support from asylum seekers who do not claim on entry to the country. Drawing on the work of Habermas and Alexander, it considers the role of the courts as a deliberative space and elaborates the scope for civil repair in the case of a group rendered marginal by the law. In so doing, it also suggests how links could be made with the broadened conception of citizenship proposed by Isin and Turner.     

The quest for inclusion and citizenship in Ghana: challenges and prospects

Ghana's tortuous journey to democracy received a major boost in the year 2006 with the enactments of two human-rights-related pieces of legislation. In this article the author contends, on the one hand, that the recent enactments of an amendment to the law on representation of the people and the persons with disability law in Ghana constituted a noteworthy landmark in the search for inclusive citizenship. On the other hand, the relation between society and the political authority during the processes of the enactments highlighted characteristics of a post-colonial African state. The author explores the antagonisms that surrounded the enactments of these laws. The article concludes that although the Ghanaian experience represents a new wave of re-thinking of rights in Africa, it also underscores the deep-seated issues of contestation and negotiations that unavoidably accompany the expansion of democracy and extension of rights to the excluded and the marginalized.     

Five Challenges to Legalizing Economic and Social Rights

In recent years, dozens of human rights non-governmental organizations (NGOs) across the globe have begun to advocate for economic and social rights, which represents a significant expansion of the human rights movement. This article investigates a central strategy that NGOs have pursued to realize these rights: legalization. Legalization involves specifying rights as valid legal rules and enforcing them through judicial or quasi-judicial processes. After documenting some of the progress made toward legalization, the article analyzes five unique challenges involved in legalizing economic and social rights. It is important to identify these challenges because they must be overcome if the human rights movement wishes to refute the notion that economic and social rights are inherently non-justiciable (and therefore, to some, invalid as rights). These challenges also point to the possibility that legalization is not the only, or even the best, strategic pathway to realize economic and social rights effectively.

从冲突走向合作:政府与民众的利益关系解析——以浙江省青田县滩坑移民为例

政府与民众的关系是政治领域的永恒主题。多少王朝的兴替,多少政权的更迭,都与此相关,都由此决定。本文试从利益的视角,民众的心态与诉求,政府的行事与作为,解析市场经济条件下政府与民众的关系,如何从冲突走向合作。     

马克思主体性理论对"空巢"村农民主体建设的启示

马克思以实践为基础的主体性理论认为人只有在对象性活动中才能确证自己的主体地位和主体性：人的主体性具有能动性、创造性和自主性特征。这一理论要求“空巢”村农民主体建设要理清农民劳动力结构,定位新农村建设农民主体;宴尊重农民意愿,凸显农民主体能动性和创造性;要改变农民社会关系,确保农民主体自主性的发挥。     

加强高职院校文化艺术教育的若干思考

切实加强大学生文化艺术教育,是全面推进素质教育、促进大学生全面发展和健康成长的重要途径。本文在简要分析高职院校文化艺术教育现状的基础上,论述了高职院校开展文化艺术教育的作用和意义,进而提出了加强高职院校文化艺术教育的策略。     

The Public Management of Risk: The Case for Deliberating among Worldviews

This article argues that the public management of risk faces inherent "wicked issue" problems which are further accentuated in the context of the contemporary regulatory state. It is suggested that in order to overcome these limitations and inevitable trade-offs, there needs to be a more conscientious effort in setting out distinct components of any public management of risk, which should be considered and discussed through the lens of distinct worldviews contrasting interpretations and solutions, as well as potential "black-spots." It is only by acknowledging limitations of any one strategy and by considering plural solutions that there is less likelihood of disappointment when dealing with crises and disasters.     

试论日本据台与闽粤移民之中挫——以《清国人入境台湾条例》为中心

1895年台湾沦为日本的殖民地,海峡两岸关系发生了重大变化,台湾住民被认定为所谓“日本国民”。随着《清国人入境台湾条例》的颁布实施,传统闽粤移民渡台历史进程遭致中挫。日据后迁徙台湾的闽粤民众被称做“华侨”,成为侨居者。此后,台湾社会历史进入以内生性发展为主的新阶段。