支持还是反对军事冲突？日本与邻国争端中民意的调查实验分析

近年来,东亚成为了世界政治中最不稳定的地区之一。日本与其邻国之间的领土问题是导致东亚区域不稳定的核心因素,愈演愈烈的中日钓鱼岛争端使两国处在军事冲突的边缘。当日本与邻国发生领土争端时,日本民众是否以及在什么情况下会支持政府发动军事冲突？为此,作者在日本进行了以民众为对象的调查实验。对调查实验结果所做的统计分析表明,如果目标国是美国的盟国、日本对目标国的经济依赖程度较高,那么日本民众倾向于反对政府向该国发动军事冲突,而目标国在二战期间是否曾受到日本的侵略这一因素并没有产生显著影响。同时,日本的年轻民众表现出了更强的和平倾向。这些结论为中国的对日外交提供了有益的政策启示。对于中日钓鱼岛问题等领土争端,在政治和安全领域,中国外交应进行必要的改革和创新,重新思考和构建中国的国际安全战略。在经贸领域,可以继续加强与日本的经贸合作以增加日本的退出成本,并灵活运用经济手段以增加日本国内的舆论压力。此外,有必要开展针对日本年轻一代的公共外交,由此促进中日关系的长远发展。     

WTO争端解决程序中的证据问题

WTO争端解决程序中举证责任和证据的可接受性问题具有重要的实践意义。除了各国都普遍接受的“谁主张谁举证”的原则之外,文章还分析了下列情况下的举证责任分配问题:被申诉方援引例外条款时、争端涉及具体协定时、争端双方关于执行报告的期限有争议,以及双方就败诉方的执行是否符合专家组和上诉机构报告的争议。关于证据的可接受性问题,提交证据的主体、证据的种类和提出时间问题是最关键的方面。     

国外劳动争议调解制度及其启示

目前,国外存在独立机构调解、行政调解、劳动法院调解和三方机制调解等四种类型的劳动争议调解制度。国外劳动争议调解立法及其成功运行,对于我国完善劳动争议调解制度有以下四点启示:一是调裁机构合一;二是劳动争议协调处理机构专门化;三是取消劳动争议仲裁调解和诉讼调解;四是实行积极的沟通。     

析WTO框架内的国际劳工标准

回顾了WTO与劳工标准问题的历史渊源后,进一步分析了发达国家与发展中国家对此问题持不同立场的原因.认为将劳工标准与WTO联系起来是必然的趋势,中国采取坚决抵制的态度是不可取的,中国应充分发挥其在WTO的地位,在维护本国利益的前提下,积极提出自己的观点和主张.     

从案例看WTO如何处理RTA争端管辖权问题

近年来兴起的区域贸易安排,虽然对国际贸易不无贡献,但是对世贸组织(WTO)所构建的多边贸易体制亦产生了诸多冲击,争端管辖冲突问题就是其中一例.首先介绍WTO与RTA管辖冲突以及协调原则,此后基于墨西哥饮料案这一涉及管辖冲突的WTO法律实践进行了法律分析,最后就当前在RTA谈判实践中应当如何处理争端管辖冲突问题提出建议.     

Resolving Reflection and Resolution in 3D Imaging of Fresh Bone

Structured light scanning is a noninvasive, accurate, and cost-effective 3D imaging technique, but due to reflection issues is yet to be utilized for tool mark analysis on fresh bone. During imaging, reflection from shiny surfaces, such as greasy bone, disrupts image formation. This study tested the David SLS-1 scanner's ability to image saw marks and explored six strategies to reduce reflection by [1] dulling the surface or [2] altering the projected light. The surface was dulled by freezing, talcum powder, dulling spray, or compressed air. The projected light was altered with a diffuser or limited to single pattern-coded. Results demonstrated that the resolution was insufficient for capturing minute details of striae. All six tests failed to reduce reflection sufficiently to produce complete images, but projecting vertical pattern-coded light showed the most promise. Future research is required concentrating on enhancing resolution and exploring the role of pattern-coded light in reducing reflection.     

Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.     

Conflict Resolution: Lessons from the Dayton Peace Process

The Bosnian War (1992–1995) was one of the most brutal conflicts in Europe since the end of World War II. Thirty‐four cease‐fires failed to produce peace in Bosnia and Herzegovina until the late American diplomat, Richard Holbrooke, brokered one that set the stage for a series of negotiations—starting in the Balkans and ending in Dayton, Ohio. The Dayton peace process finally terminated the Bosnian War. The interplay of military intervention by the North Atlantic Treaty Organization and diplomacy by the United States was remarkable. This article highlights thirteen conflict resolution lessons or “Holbrookeisms” that can be learned from the Dayton peace process. Some aspects of Holbrooke's approach toward the peace process helped him to successfully mediate an end to the Bosnian War, while others contributed toward some of the existing cleavages in today's Bosnian society.     

Race place shape: a case study of contested racialized boundaries of belonging,embodiment, and gender in Swedish alternative media

When the alternative and separatist media site Rummet (The Room) was launched in 2014, it had immediate echo in Swedish mainstream media. The platform’s founders declared that it was for and by ‘racialized feminists and anti-racists’, and that only non-whites were welcome to participate. Criticism from the elite media focused on the separatist stance and accused the founders of being racists themselves. My discussion in this case study concerns the racialized intersections of body, space, and identity. The data consist of texts posted on Rummet’s website during January 2014, and articles in the Swedish mainstream media published during the first three months of 2014. The founders of Rummet made use of the media space to reverse the white gaze, reframe themselves and their bodies, and re-imagine place-making mediascapes and identities. The polemical debate framed the site’s separatism as a threat to social cohesion and evaded the question of white privilege.     

Power to the legal professionals: Is there an Americanization of European law?

Twelve years ago, Robert Kagan asked “Should Europe worry about adversarial legalism?” He answered this question with a qualified “no,” and identified a number of sources of resistance to such a trend. More recently, he broadened the issue in this journal by asking whether European countries experience an “Americanization” of their legal systems. The articles in this Symposium on the Americanization of European Law all revisit that question. The present article introduces the topic, discusses the elements that make up adversarial legalism, and summarizes and compares the findings of the articles in the Symposium. The articles find an increase in one dimension of adversarial legalism, namely, more legalism, that is, more litigation, more formalism, and more verdicts interfering with politics, but hardly any increase in adversarialism. Tenacious pre‐existing national legal and political cultures and institutions resist a further move in the direction of American style adversarial legalism. The mix of more litigation, more legalism, and more politicization, overlaid on the pre‐existing hierarchic authority of courts and legal functionaries has, however, strengthened the societal and political power of the judiciary vis‐à‐vis other powers. A professional elite is increasingly making the political choices that in a democratic society ought to be made by democratic representatives. Perhaps Europe should worry about this.