晚清领事保护的发展及其局限

对于领事保护的推动,就融合有政治与人权双重因素。当然,这一双重因素的影响又是随着历史的发展而有所不同的。尽管世界最早的领事保护实践可以追溯至古希腊城邦时期,而中国最早的领事保护实践却只能追溯至晚清时期。当时的清政府迫于内外压力,逐步转变对华侨的"叛民"、"罪民"和"弃民"等观念,从而展开了"立约保护"、"领事机关的调查与交涉"等形式(甚至还包括军舰巡航等军事方式)的领事保护。晚清政府领事保护的发展是与其华侨观念及政策的转变密切相关的。清政府华侨政策和领事保护的变化,根本上还是以巩固和发展清朝的统治为出发点的,政治因素在其中居于主导地位。这也就是"家国一体"型国家的局限性所在。     

The Presumption of Proportionality

This article challenges the assumption that the burden of demonstrating that a limitation of a fundamental right is proportionate rests on the public authority seeking to justify the limitation. After considering the operation of burdens and presumptions in European human rights case‐law it notes the difficulties British domestic courts have had in rigorously applying proportionality tests. It suggests that the concerns which lead judges to weaken the requirement of proportionality would be better met by recognising that certain circumstances give rise to a presumption of proportionality, where the burden of demonstrating disproportionality rests on the right‐holder. Five categories of case in which this applies are proposed, and one which has recently been judicially accepted is rejected. Clarifying the types of case in which a presumption of proportionality applies is a preferable strategy to blurring the standards of justification to be met by those seeking to limit the enjoyment of rights.¹     

加快贵州民族地区的人力资源开发

重视民族地区的人力资源开发是加快民族地区经济社会发展的必然要求 ;以能力建设为核心 ,不断提高民族地区人力资源的综合素质 ,努力培养更多的少数民族建设人才 ;要加强培养少数民族干部。     

社会资本:民族区域自治的元制度分析--兼谈民族区域自治的善治问题

社会资本作为民族区域自治的元制度,其信任、规范和网络是建立和维护民族区域自治社会秩序的一种极为重要的工具,也是整合民族区域自治的社会"粘合剂".然而,社会资本也会在一定层面上阻碍民族区域自治的良好发展.民族区域自治善治的根本在于引导社会资本的再生产.     

Chinese Eastern Industrial Zone in Ethiopia: unpacking the enclave

Abstract

This paper examines China’s engagement with Africa through economic zones (EZs). It moves beyond the conceptualisation of EZs as undifferentiated enclaves of foreign investment to a dynamic perspective on the locally negotiated process of zone development. Such a perspective entails critical unpacking of the specific zone regime to understand the diverse and evolving relationships among different state and non-state actors. Drawing upon empirical research on the Eastern Industrial Zone (EIZ) in Ethiopia, we explore the complex process of learning and adaptation by government, developers, investors, and workers throughout the development of a zone regime, with specific attention to capital–labour and expatriate–local relations. We find that despite the EIZ being a state-level cooperation project, private Chinese developers work diligently with the Ethiopian government to improve the institutional support for EZs. Chinese investors also collectively generate a management regime to enhance their overseas operational capacity and experiment with various tactics to transform local recruits into an industrial workforce. Local workers, with limited protection by official labour unions, turn to individual- and group-based agency to improve their working conditions. Despite the momentum created by multiple stakeholders, there are concerns regarding the long-term contributions of EZs to engender sustained industrial transformation and skills development.     

A mob for hire? Unpacking older women’s political activism in Kyrgyzstan

This article explores the politics of older women in post-Soviet Kyrgyzstan, who have emerged as informal leaders in urban neighbourhoods to ‘speak for the poor’ to the state. Their mediating role is crucial for understanding community micro-politics, women’s political agency and more broadly state–society relations in the post-Soviet context. Drawing on in-depth interviews with older female informal leaders, the paper examines their political legitimacy and modes of mediation with the state and elites. Using Bourdieu’s concepts of political capital and ‘double dealings’, the paper argues that older women are important informal mediators, whose representational practices involve communal leadership, protest activism, bargaining and vote mobilization. Their multitasking roles are necessitated by their legitimation struggles and elites’ strategies of state capture. The article challenges the dominant media representation of older women activists as ‘a mob for hire’ and offers a more nuanced account of older women’s politics, addressing a blind spot in the literature on politics in Central Asia.     

Criminalizing human trafficking in Latvia: the evolution and implications of human trafficking policies

This article explores the development and evolution of human trafficking policies in Latvia and the measurable outcomes of these policies. An analysis of policy development revealed that Latvia has three different types of human trafficking policy: criminalization statutes, national action programs, and victim service provisions. These policies have produced outcomes such as criminal cases against traffickers, rehabilitation services for victims, and the formation of anti-trafficking institutions. The results revealed direct causal links between human trafficking policies and anti-trafficking institutions are evident with the National Coordinator and social services for victims. Indirect causation is also present with specialized police and prosecutor units and anti-trafficking institutional policy development by the anti-trafficking working group.     

Labor market integration of returned educational migrants in Turkmenistan

Turkmenistan has experienced increasing educational migration, and many of these students hope to return home after graduating. The ability of returned migrants to succeed in Turkmenistan’s labor market is complicated by a variety of factors, including variation in educational quality across countries, intrusive state regulation of foreign education, and Turkmenistan’s large informal sector. Based on a survey of 98 Turkmen citizens, this study compares the career trajectories and perceptions of the labor market of people educated in Turkmenistan to those educated elsewhere. Because men and women undertake different strategies of educational migration, it also compares patterns of labor market integration by gender. Country of education does appear to matter for employment in Turkmenistan, but the effect is most prominent immediately after graduation. Women were less likely to be employed in Turkmenistan, partly because they were more likely to have been educated abroad, and more likely to have a partner abroad.     

Victim-warriors and iconic heroines: photographs of female combatants in Aceh,Indonesia

Analyzing photos and narratives of the “widows’ battalion” in Aceh, Indonesia that appeared in international and local print media between 2000 and 2002, this article traces how images of female combatants initially provided evidence of a uniformed, armed ethno-nationalist movement motivated by past state violence and linked to historical legends of women involved in armed resistance to colonialism. Subsequently, the heroines were recast as immoral young women pursuing inappropriate sexual relationships with the occupying military. The problems of intelligence gathering, double agents, and the indeterminate zone of overlap in which male soldiers collaborated in the past were rewritten as a problem of sexual or intimate relations that violated religious and cultural norms. In Aceh, the affective power and complexity of women’s positioning as both victim and combatant is fueled by the invocation of the iconic heroines of the anticolonial resistance and ideas about international human rights. Images and narration of the widows’ battalion appear to champion female combatants past and present, but in fact, contribute to the consolidation of the power of male commanders and combatants in the resistance movement. Analyses of human rights photography must consider the affective power of images beyond engaging the empathy of distant spectators to consider their role in conflict dynamics.     

Transnationality and diaspora advocacy: lessons from disaster

A number of catastrophic disasters in the last decade have raised questions about their transnational impacts and about the role of the diaspora. The 2010 Haiti earthquake, the focus of our study, provided a lens to further our understanding of evolving conceptualizations about transnationalism, transmigrants, and social capital. We hypothesize that sustained ‘intensive transnationalism’ by diaspora and linking forms of social capital between diaspora, other civil society organizations and advocacy groups, and government institutions are critical during post-disaster recovery in affected nation states and in countries to which survivors turn for refuge. We conducted 103 in-depth, semi-structured interviews with a wide range of civil society actors in South Florida, Boston, New York, Atlanta, and Washington DC between June 2010 and June 2015. We found that linking forms of social capital were more important after the earthquake than in previous disasters. Overall, the longevity and variety of Haitian diaspora advocacy work, particularly in immigration, have resulted in broader social networks and alliances, work groups, task forces, interfaith coalitions, and support groups to address complex social and policy issues.