跨WTO体制的规则冲突及其解决路径

越来越多的国际条约包含贸易限制措施,这些贸易限制措施被用来追求各种非贸易目标或价值,比如环境、人权、劳工标准等,这种做法将增加WTO规则与其他国际法规则之间相互冲突的可能性。但是,国际法中还找不到任何明确的方法以确定贸易法与人权法、环境法或海洋法等的关系。不过,WTO规则与其他国际法规则之间跨体制的规则冲突仍可通过协调一致的解释而避免,这是因为WTO的规定中经常使用一般的、广泛的条款,为其解释留下了余地,使WTO裁决机构得以考虑到其他国际义务。在解释WTO的规定时,可采用国际法推定为不冲突的方法避免冲突;在明显可看出一个WTO协定的用语具有演变的意义、带有一些内在弹性时,还可以考虑使用演变解释的方法。     

晚近国际投资争端解决实践之评判:“全球治理”理论的引入

晚近国际投资争端的性质已由以往的政治性争端转变为现行的管理性争端,相应地,国际投资争端的传统外交保护解决方式也已为国际仲裁方式所取代,而且国际投资争端仲裁实践出现了明显的偏袒外国投资者,损害东道国权益之倾向。就此,已难以用传统的南北矛盾理论框定,而现有的商事仲裁理论和国内公法理论则存在着不同程度的缺失,需要引入一种视野更为宽广的全球治理理论予以弥补。     

Strategy and Selection in International Relations

It is widely recognized that many of the samples we use for statistical analysis in international politics are the result of some selection process. Not surprisingly, selection models are becoming increasingly popular. At the same time, the role of strategic interaction has begun to play a more important role in statistical analyses. However, it has not been clear how statistical strategic models and selection models relate to each other, or what the effects are of employing one when the other is the more appropriate model. In this article, I 1) clarify why international relations scholars cannot shield themselves from selection bias simply by assuming their results are limited to a given sample; 2) show how recent statistical strategic models relate to traditional selection models and generalize the two sets of models by deriving a correlated strategic model; and 3) examine the effects of misspecifying either correlated errors or strategic interaction. My results indicate that failure to model the strategic interaction produces worse specification error than failure to account for correlated disturbances. In fact, traditional bivariate probit models appear to be superior only when states are almost completely uncertain about each others' preferences.     

Conflict dynamics and agonistic dialogue on historical violence: a case from Indonesia

This article contends that the type of high-level political consensus needed to reach a peace agreement is often insufficient for rebuilding and transforming wider social relations. Consensus-focused processes tend to suppress divergent views and experiences of conflict, particularly among grassroots conflict actors, and risk deepening social divides by homogenising diverse memories of past violence, with potentially dangerous consequences. In response to these concerns this article advances an understanding of agonistic dialogue and explores an example of such dialogue in communal conflict in Indonesia. Building on an understanding of effective dialogue as sustained, intensive and relational, this article also underscores the need for effective dialogue to have politico-institutional support and to be locally driven and owned by actors who are legitimate and trusted in the eyes of conflict protagonists.     

Editor's Note

An evaluation approach that is collaborative and elicitive may well serve as a catalyst for transforming relationships of power, standing in stark contrast to more conventional and staid evaluation practices that are technical in nature and actuarial in intent. Election of an orientation is the most decisive and strategic choice that is made in approaching evaluation and articulating value imperatives in fieldwork, coloring as it surely does the pragmatic stages of evaluation and good practice for the peacebuilder.     

Narrative accounts from the citizens,victims, and offenders restoring justice program

This paper describes the Citizens, Victims, and Offenders Restoring Justice (CVORJ) program, a prison-based program conducted as a pilot study at the Washington State Reformatory. The program brings together offenders and victims - though not involved in the same crime - in the company of interested community members to discuss restorative justice principles. The program focuses on the sharing of personal narratives of crime to explore how the harms resulting from crime can best be addressed and justice achieved. Of interest was how a restorative justice model that highlighted community participation could be incorporated into a correctional setting and whether healing could result from the use of surrogate offenders, victims, and community members. The restorative nature of the program, its method of operation, results from the qualitative evaluation, and key implementation challenges are presented.     

Reconciliation: I Know It When I see It 1

States emerging from conflict increasingly seek ways in which to address the violence and human rights abuses of the past in order to move forward into a more peaceful future. The initial responses to mass atrocities were based in legal processes focused on the punishment of the person responsible for the harm. The inadequacy of such an approach resulted in the introduction of a variety of new goals in the transitional period, including the abstract notion of reconciliation which is increasingly advanced as the central goal in dealing with the legacy of the past. This article argues that the failure to examine the relationship between a discourse originally based on human rights and legal approaches and the introduction of reconciliation has only added new challenges rather than resolved existing ones and therefore must be re‐examined. The article also argues that no single approach should take prominence in addressing mass atrocities. Rather a range of options should be available to victims, in particular given the relative youth and inexperience of approaches to violent conflict.     

Explaining Taiwan's policies in the South China Sea, 1988–99

The current paper discusses Taiwan's policies in the South China Sea during the period 1988–99. These policies are discussed with reference to ‘realist’ and ‘non-realist’ theoretical approaches. The realist position regards Taiwan's South China Sea policies as an outcome of its relations with the People's Republic of China and the Southeast Asian countries. These policies are fashioned and implemented in a coherent way by a unitary state. Two ‘non-realist’ positions are identified. One focuses on influences from domestic political parties and party factions, bureaucratic segments and economic interests. The other emphasizes the impact of transnational alliances, mainly through oil business lobby groups allied with mainland Chinese partners. The investigation sustains much of the realist argument. It is, however, argued that party politics and bureaucratic infighting has had an independent effect on Taiwan's South China Sea policies, while the impact of oil business interests has been limited.     

The interconnections of political power,psychotherapy, and world community

This study of the main evening television news programs in four European countries focuses on the framing of news surrounding a major European event, the January 1, 1999, introduction of the common European currency, the euro. We investigated the visibility of political and economic news in general and of the launch of the euro in particular. We found variations across countries in the emphasis on political and economic news, with the proportion of the newscast normally devoted to these subjects ranging from 45% to 60%. Journalists in all countries were more likely to emphasize conflict (rather than economic consequences) in framing general political and economic news. In the coverage of the launch of the euro, there was a greater emphasis on framing the news in terms of economic consequences. The findings are discussed in terms of influences on framing practices internal and external to journalism and the value of the cross-national comparative approach.     

Problems of the press in Latin America

This article examines whether the inauguration of peace between countries has a significant effect on how the news media cover the other side. It is argued that, due to the nature of news, leaders will generally find it easier to mobilize the media for conflict than for peace. However, the actual role the media will play in such attempts can be understood by looking at the political and media environments in which journalists construct news about peace. A joint project was conducted involving both Israeli and Jordanian researchers. The methodology included in-depth interviews with journalists from both countries and a content analysis of newspaper articles published during three different historical periods. The findings demonstrate that although there was a temporary improvement in the media image of the other side, there was little evidence that peace had a significant and lasting influence on coverage. There were, however, some important changes in the prominence of certain news slots. The interviews with the journalists provided valuable insights about some of the political and professional reasons for these findings.