Cold War brotherhood contested: KATUSAs,slicky boys,American G.I.s,and the Status of Forces Agreement in post-armistice South Korea, 1954–1966

ABSTRACT

As the largest contingent of Americans in postwar South Korea, the G.I. best represented the United States’ Cold War objectives. Their deployment was an emblem of hard power containment, but the G.I. also embodied soft power integration, and through both, G.I.s helped to promote Pax Americana. This article focuses on the militarized masculinity of these ambassadors of America and their people-to-people diplomacy in South Korea between 1954 and 1966. These American G.I.s constructed their militarized masculinity vis-à-vis the Korean male Other, their “lesser” counterparts – the hapless houseboy, the inferior partner soldier, and the menacing slicky boy. At the same time, this liberal imperialism did not go uncontested. Violent imaginaries of the American G.I. from the borderlands were used by Koreans to demand a new bilateral framework – the Status of Forces Agreement in 1966 – to replace the outmoded wartime extraterritorial jurisdiction wielded by the American military after cessation of hostilities on the Korean peninsula in 1953. The militarized masculinity practiced in everyday encounters, thus, became the basis of a critique of American liberal imperialism in one of the United States closest Cold War “brother” nations.     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.

Key Points for the Family Court Community
• This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
• It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
• Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
• However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
• Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.

     

Will International Investment Rules Obstruct Climate Protection Policies? An Examination of the Clean Development Mechanism

Rules governing the global environment and the international economy are currently decided in separate arenas. Yet, environmental agreements can have strong economic implications, particularly with the growing use of market mechanisms. Economic liberalization rules, meanwhile, may limit the effectiveness of environmental agreements. This paper assesses the potential interaction between one important market-based environmental mechanism – the Clean Development Mechanism of the Kyoto Protocol on climate change – and the framework of international investment law.     

侵犯商业秘密罪的立法不足及其完善探析

我国《刑法》对侵犯商业秘密罪的规制,在"商业秘密"概念、罪名体系、构成要件、刑罚配置以及诉讼制度等方面存在缺漏,不便于司法认定,也不符合TRIPs协议中有关规则.因此,笔者建议:制定专门的《商业秘密保护法》、将侵犯商业秘密罪规定为类罪名、取消第三人的过失犯本罪、设立证据转移制度、完善刑罚配置等,以便有效地对商业秘密实施刑事保护.     

电子商务仲裁法律问题研究

电子商务的迅速发展使仲裁解决其纠纷成为必要,但和一般的民商事仲裁相比,电子商务仲裁有许多法律问题需要解决。本文即对电子商务仲裁所面临的若干法律问题,诸如电子仲裁协议的法律效力、电子商务证据效力、电子商务仲裁适用的法律等进行了深入的研究。     

Macedonia after the 2001 conflict: towards social cohesion and reconciliation?

The paper aims to contribute to the on-going debate in the literature about reconciliation after an armed conflict through presentation of the Macedonian experience. It focuses upon the following questions: Is the Ohrid Framework Agreement (OFA), which put an end to the armed conflict in the country, supported by the process of reconciliation? Has the state found the right way to deal with the past? In order to answer the questions, the paper describes briefly the Agreement and the process of its implementation. In this context, it identifies the type of power-sharing system established by the OFA through analysis of the Agreement within the integrative and consociational theory. Then, the paper examines how the state dealt with the past. Further, it discusses the impact of the amnesty for grave crimes on reconciliation in the country using the existing literature. The paper argues that it is questionable whether the state chose the best approach to dealing with the past.     

One global deal from Paris 2015: Convergence and contestations on the future climate mitigation agenda

This article analyses the 2015 Paris Agreement of the UN Framework Convention on Climate Change, with a focus on mitigation. The history of climate negotiations and the mitigation agenda shows the divide between developed and developing countries, with the latter insisting that the former, having caused the problem, need to do more to reduce carbon emissions to address climate change. However, as some emerging economies had continued to emit more carbon, there were calls to treat these as developed countries, requiring increased mitigation measures. The article examines the record of these emerging economies, and establishes that there was some convergence in Paris, a positive element that resulted in a single global climate treaty. However, the Paris negotiations also witnessed contestations, with the final agreement insufficient to keep global warming within advised limits, and in any case only partly legally binding, leaving its implementation success to good will.     

药品数据保护的比较分析与立法选择

TRIPS协议第39.3条首次在国际层面规定了数据保护的义务。我国是否履行了该义务的入世承诺,是中美之间重要的争议。为缓解相关的国际压力,需要构建合理的数据保护制度,梳理世界各国如何实施第39.3条具有重要的借鉴意义。从数据保护的属性来看,包括禁止占用（商业秘密）、数据专有权和市场专有权等立法模式。在具体制度上,依据TRIPS协议第39.3条,各国详细规定药品数据受保护的条件,重点界定新型化学成分与新药的关系及其范围,明确数据保护的权利内容和保护期限,构建保障公共健康的数据保护限制制度。我国应借鉴这些规定,修订《药品管理法》以完善药品数据的保护。     

The theme of indivisibility in the post-war struggle against prejudice in the United States

Whitfield's essay seeks to identify and explain a tendency that emerged in the United States in the 1940s and extended through the 1950s. It was then that a notion became commonplace, especially among liberals, that the victims of prejudice were interchangeable and that bigotry was undifferentiated. Before the 1940s, the problem of prejudice was not widely believed to be urgent; but the war against the Third Reich heightened awareness of the price of an irrational hostility to minorities. American liberals in particular came to the understanding that bigotry was indivisible; and, for its objects, the cards of identity could easily be shuffled. Whether the victims were Jews or Negroes or homosexuals, the hatred that they elicited appeared to be formed without making any distinctions among them. Evidence can be found in the culture of those two decades, in novels, plays and films. The unitary view of the character of prejudice had some support in social science, including in the authoritative volume The Authoritarian Personality. The theory would also be reflected in a major shift in the agenda of Jewish civil rights organizations, which redefined their mission as promoting the democratic rights of all minorities rather than the particular interests of American Jews. This distinctive tendency vanished in the 1960s, however. One reason for the change was a fuller appreciation of the hostility that minorities could harbour towards other minorities. The realization also deepened of the singular vulnerability of black Americans under the pressure of racism, which demonstrated a tenacity as well as a proclivity for violence that had been largely absent from other forms of bigotry. Finally, a broader legitimation of difference itself emerged in the 1960s to bury the notion that minorities were fungible.     

IRA 2.0: Continuing the Long War—Analyzing the Factors Behind Anti-GFA Violence

Despite an increasing number of attacks by violent anti-Good Friday Agreement (GFA) Republicans from 2009 there is still relatively little understanding of the nature of these organizations or the likely longevity of their campaign(s). This analysis argues that the current upsurge of violence is likely to continue for the foreseeable future, due to a combination of factors that entrench republican ideology. The fractured nature of anti-GFA groups and the declining stature of the Provisional movement are key factors that energize anti-agreement sentiment. In particular, this study identifies the Internet as one of the most significant emerging drivers in that it has the potential to sustain social networks that create and reinforce a traditional minded Irish Republican constituency implacably committed to using violence in pursuit of its goals.