论后冷战时期联合国否决权的改革

联合国宪章赋予五大国的否决权是二战后大国最终妥协的结果,多年来,这一制度一直对联合国安理会的决策过程起着至关重要的作用.随着冷战的结束,世界格局发生变化,否决权的基础也相应改变,其改革势在必行,国际关系的变化也使得这项改革具有可行性.使安理会的决策更为合理以有利于维护世界和平,是衡量各种改革方法的标准.     

从《联合国反腐败公约》看我国境外追缴腐败犯罪所得国际合作制度的完善

中国已成为腐败犯罪资金的重大流出国,大量腐败犯罪资金流向国外,直接威胁着国家的金融秩序和经济安全。2003年签署的《联合国反腐败公约》 (以下简称《公约》)在境外追缴腐败犯罪所得(以下简称犯罪所得)国际合作制度方面提出了比较完善的针对性的措施,跟《公约》相比, 我国境外追缴腐败犯罪所得国际合作制度方面还存在很多问题,本文试从我国境外追缴腐败犯罪所得国际合作制度存在的主要问题及其完善展开论述。     

Are older deafblind people being left behind? A narrative review of literature on deafblindness through the lens of the United Nations Principles for Older People

Underpinned by the United Nations Convention on the Rights of Persons with Disabilities (CRDP), Agenda 2030 and the Sustainable Development Goals (SDGs) is the international goal to ‘leave no one behind’. However, the World Federation of the Deafblind have argued that deafblind people have been excluded from international welfare and disability development programmes. Despite making up the majority of the deafblind population, it appears that older deafblind people are particularly invisible. The paper builds on the earlier work of others, which translated the UN Principles for Older Persons into the language of older visually impaired adults, by using them here as the lens for a narrative review of the literature on older deafblind people. It argues that existing research demonstrates that older deafblind people are not only being ‘left behind’ in benefitting from implementation of the UN Principles, but also that the focus of the UN Principles themselves risks maintaining or enhancing their exclusion. Further research and policy development with older deafblind people is required to ensure that international and national social welfare policies and provision are not nugatory to the older deafblind population.     

The Sri Lankan Transitional Justice Process: Too Little,Too Late?

ABSTRACT

Three years after Sri Lanka committed to a comprehensive transitional justice (TJ) process through the co-sponsoring of UN Human Rights Council Resolution 30/1, progress on the TJ front has not been satisfactory. In fact, delays in decision-making have hindered progress on transitional justice. First, the nation-wide consultations that were supposed to precede the establishment of the proposed TJ mechanisms lasted for nearly a year. This prevented swift progress at a time when political conditions for TJ were arguably most favourable. In addition, decisions were made to implement the 2015 reform agenda in a way that would not give priority to TJ as a whole and would further delay the implementation of its most controversial measures. These delays have been constructed or exploited by those—including within government—who do not support the TJ agenda. In fact, since 2015, the President as well as ministers have made statements that cast doubt on their commitment to TJ. The government’s lack of genuine interest in TJ was further evidenced by its failure to present a comprehensive plan for the implementation of UNHRC Resolution 30/1 and carry out a public outreach campaign based on such a plan.     

Evolving structure of collective bargaining in Turkey (1990–2005)

ABSTRACT

Following the June 1967 Six-Day War, the Soviet Union and Britain invested significant efforts in rehabilitating their relations with the Arab countries, notably Egypt. While both supported the withdrawal of Israel from the Arab-occupied territories, the two countries differed over the nature of the settlement. Still, at the UN Security Council, the Soviet Union supported the British draft resolution for solving the Middle East conflict. Cold War interests and competition over influence in the Middle East, however, led the Soviets to launch a public campaign against British policy in the Middle East and prevented the two countries from joining efforts to bring about a breakthrough in the Arab–Israeli conflict.     

Key actors in UN environmental governance: influence,reform and leadership

In the introductory article it was concluded that the effectiveness of the UN environmental institutions studied was quite low. Key actors, especially the US and the EU, play a considerable role in explaining the course of development in these institutions. However, this does not mean that these processes are mainly state-driven as a number of other factors matter. The potential for reform and increased effectiveness is limited as the main actors, the US the EU and G-77/China have very different interests and perceptions as to the future directions of these institutions.

International Law,European Union,and Case of Kosovo in 1991 and 2008

As the extraordinary session of Kosovo＇s parliament held on February 17, 2008, the declaration for independence of Kosovo was enacted. From the aspect of European Union （EU） which consists of 28 member states, Kosovo was recognized by 23 member states of the union until the present. This means that the process of the international recognition of Kosovo by the member states of the EU is carried out in satisfactory direction for the Kosovo＇s authorities, unlike the first attempt in 1991 when Kosovo also demanded international recognition from the union during the process of the dissolution of the former Socialist Federal Republic of Yugoslavia （SFRY）, however, this application of Kosovo＇s recognition was not reviewed at all. Hence, in conditions of the same legal status of Kosovo in Serbia as well as the same legal foundation in 1991 and 2008, we can notice the double criteria in application of the international law by the EU. Therefore, the issue that we would like to raise is whether the international law for the EU is a true law or moral/law of choice. In other words, the author would like to present the idea whether the international recognition of Kosovo meets the international law.     

联合国安理会改革的国际法思考

在国际和平与安全方面,确立二战后国际秩序的规则和制度,已不能完全适应全球化时代的需求,建立在以安理会为核心、以联合国为基础之上的国际集体安全体制,面临新问题时显得危机重重。国际情势的变迁,严重震荡着安理会原有的权力结构以及由此确立的权力秩序,与此相关,国际法律秩序也遭遇严重挑战。安理会改革的主张各有利弊,其中涉及诸多的国际法律问题,解决好这些问题,有助于安理会改革的顺利进行,并期望由此推动和平稳定的国际新秩序的形成。     

"为和平而来"——解析中国参与非洲维和行动

中国是联合国维和行动的坚定支持者和参与者。目前,中国为联合国第十二大出兵国,在五大常任理事国中名列第一。近几年,中国参与维和行动的积极姿态已引起全世界的高度关注。特别是,非洲已经成为中国参与维和的重点区域,这也引发了外界对中国意图的警惕与忧虑。因此,在新时期如何正确解读中国在非洲的维和行动,并对其进行客观分析,具有十分重要的理论与现实意义。     

联合国反腐败公约与跨国商业贿赂犯罪的法律控制

《联合国反腐败公约》是联合国历史上第一部关于指导国际反腐败斗争的法律文件,它以联合国公约的形式规定了预防、禁止和惩治腐败行为的定罪、刑事司法程序和国际合作,虽然贿赂外国公职人员犯罪只是作为腐败犯罪其中的一种予以规定,但是,探讨《联合国反腐败公约》有关控制腐败的规定,对于完善跨国商业贿赂犯罪的法律控制是极其必要的,也有利于中国进一步健全和完善相关的法律机制。