Violence in development: the logic of forced displacement on Colombia's Pacific coast

A progressive piece of legislation in 1993 granted collective land rights to Colombia's black communities living in the rural areas of the Pacific coast region. This measure aimed partly to support sustainable development strategies in the region through territorial empowering of local communities. Yet 14 years later, the escalation of the country's internal conflict into the Pacific region has created unprecedented levels of forced displacement among rural black communities. Once referred to as a ‘peace haven’, the Colombian Pacific coast is now characterised by new spaces of violence and terror, imposed by warring guerrilla and paramilitary groups, as well as the armed forces. This article examines the nature of the externally induced violence in the region and shows how specific economic interests, in particular in the African Palm sector, are colluding with illegal groups that are used to spread fear and terror among local residents, to make them comply with the requirements of these economic actors.     

电子提单冲突法问题研究

电子提单主要用于国际海上货物运输和国际贸易与融资中,这注定了电子提单交易中会产生大量的法律冲突。电子提单的发展尚处于初级阶段,各国法律对其规定多处于空白状态,即使少数已有规定的,彼此间也大相径庭,更何况电子提单除了海商法外,还要涉及电子商务法、电子证据法等问题,这些都使得电子提单的法律冲突问题相对于传统提单而言要远为复杂。     

The Issue of Ethics and Authority for Licensed Mental Health Professionals Involved in Parenting Coordination

We examine the ethics of licensed mental health professionals accepting the authority inherent in binding arbitration when acting as parenting coordinators (PCs). PCs execute their duties under the umbrella of their professional identity and standards of practice. Fundamental differences exist in how the law and the behavioral sciences conceive human behavior and authority, in particular, authority by role and authority by status. Ethical concerns arise when licensed mental health professionals accept the authority to render binding judgments and ask clients to surrender their autonomy through informed consent. We offer recommendations for PCs to avoid these ethical complications.     

从欧盟经验看地理标志与商标的冲突及解决

尽管地理标志与商标均是在市场中使用的商业标识,但是地理标志强调产品特征与其来源地在自然、人文因素或声誉上的联系,而商标法对此不予以保护。欧盟以专门立法模式强化地理标志的保护,从制止不正当竞争及避免误导消费者的双重视角处理在先地理标志与商标之间的关系。当地理标志与在先商标存在冲突时,欧盟除了遵循“时间在先,权利在先”基本原则外,综合考虑在先商标的声誉和知名度,以及已经使用的时间等因素,以不使消费者混淆为前提,允许地理标志与合法有效的在先商标有限共存,TRIPS协议规定的商标权例外之描述性合理使用为共存方案提供了正当性基础。欧盟正在通过签订双边贸易协定的策略将其内部地理标志与商标冲突处理规范融入国际贸易法领域。欧盟相关经验为我国解决地理标志与商标冲突关系在立法模式的选择、具体规则的细化和符合国际贸易协定要求方面有一定的借鉴意义。     

There is No Pill for Deliberation: Explaining Discourse Quality in Post‐conflict Communities

Recent experimental research suggests that ordinary citizens are capable of behaving in a democratic and deliberative way in controversial political debates, when given the right instructions. In this study, we test the potential of such instructions in contexts where levels of polarization, conflict and social marginalization are high. Using a randomized controlled experimental design, we test the effect of encouraging members of marginalized and conflict‐affected communities in Colombia to live up to the deliberative ideal, including free participation, mutual respect, justification of arguments, and contributing to the common good. Results indicate that deliberative instructions have a positive effect on intervention levels, but fail to increase discourse quality. We also find that socio‐economic differences (especially education and gender), as well as inter‐group trust dynamics, explain much of the variation in discourse quality. Promoting deliberative democracy under unfavorable conditions might therefore require a combination of short‐term policy measures aimed at increasing communal trust, long‐term efforts to improve schooling levels, and ensuring constraint‐free participation. There is, however, no treatment yet that can ensure deliberation success.     

Violence,displacement and democracy in post-conflict societies: evidence from Mali

This article examines the political crisis in Mali, 2012–2013, to test the impact of violent conflict on public attitudes to democracy. In post-conflict situations, democracy building depends on interim steps to restore trust among citizens and to address national reconciliation and transitional justice. According to the results of a custom-designed opinion survey, recent experiences of violence and displacement in Mali have undermined both interpersonal and interethnic trust as well as public confidence that elected governments can resolve national conflicts. While internal displacement is frequently accompanied by violence against property, violence against persons increases popular demand for a retributive brand of transitional justice. Nonetheless, the Malian experience suggests that citizens in post-conflict societies – including those displaced from their homes – still yearn to live in a peaceful and unified country and have not abandoned a widespread preference for democracy.     

限制使用集束弹药的国际法规制问题

集束弹药的使用问题,越来越受到国际社会的关注。与旨在全面禁止使用集束弹药的“奥斯陆进程”相对应,《特定常规武器公约》缔约方启动了限制使用集束弹药的谈判进程。中国政府认为,应在现有公约框架内解决集束弹药的国际法规制问题。为此,需要各方平等协商、共同努力。     

Endogenous development in Somalia: bridging the gap between traditional and Western implementation methodologies

This practical note examines the implementation approach of African Development Solutions (Adeso) in Somalia, a country which is recovering from over two decades of conflict. It discusses how their endogenously derived targeting method, known as ICBT, is implemented and the way it challenges social norms for positive outcomes. Cash-based response is analysed as a recovery method as well as a way to engage community participation, particularly with marginalised groups. Implementation challenges are highlighted to explore the relationship between traditional and globalised (Western) values.     

Shifts in perceptions of NGOs with the creation of the Palestinian National Authority

This article explores perceived shifts in roles for NGOs and religious actors after the creation of the Palestinian National Authority with the 1993 Oslo Accords, using original data from a survey of more than 1,000 community members in the West Bank and Gaza. The survey data show a centralisation of requests for assistance from the Palestinian National Authority, with a decrease in requests from local government, NGOs, and religious actors after the creation of the Palestinian National Authority. The support the empirical findings lend to theories of government and voluntary failure is discussed.     

Networked and Polycentric Governance in South Korea: The Case of Dam Politics after Devolution

The South Korean intergovernmental environment has undergone drastic changes after the reintroduction of local autonomy in 1995. This study investigates how and why the governance has changed in terms of its structure and processes after devolution using the case of dam politics in South Korea. It also addresses the accountability implications of the changed governance. This study analyses two cases of dam construction initiative, which are the Youngwol dam project (1990–2000) and the Hantangang dam project (1998–2004). The analysis of these cases reveals that the governance structure concerning water resource supply has changed from a form of policy community, which can be characterized by its closed membership and stability in relationships, to a form of issue network, where the membership is enlarged to include various participants. More specifically, there are three important findings. First, the cancellation of the Youngwol dam project served as the moment to establish and empower a network of opposition against dam building, which had long been advocated and led by the policy community comprising the Ministry of Construction and Transportation, Korea Water Resources Corporation, engineering experts, and some private companies related to dam construction. Second, as the central government plans to build 12 more dams including Hantangang dam, the network of opposition tends to be further vitalized with heated participation from local activists, some water resource management experts, and environmental activists. Third, as the pro-dam policy community and the network of opposition initiate dialogue among themselves, they are forming an issue network which works as a governance mechanism in the area of water resource supply management.