迁徙自由的法理学分析

迁徙自由作为公民的一项基本权利,有着自然的属性,有必要在法理学层面就其权利性质加以考量,从正义、秩序和规则等涉及法的价值的角度对其进行分析,并从法治与迁徙自由的关系方面加以探讨,发现:迁徙自由实乃法治的应有之义。     

Passports, Mobility, and Security: How smart can the border be?

After September 11, 2001, a great deal of public and policy attention has been devoted to border security, passports, and the global mobility regime. This article examines the context of the global regulation of movement of individuals and the evolution of the passport in particular. It then examines the current American border security architecture. The creation of the Homeland Security Department reflects a sea-change in the view of the border, and these new policies are evaluated in regard to three cases: the U.S./Canada border, the document/examination policies at the American borders, and the European Schengen mobility regime.     

Is governance democratic?

This paper argues that governance can engender undemocratic inequality, exclusion and populism. It does so by analysing the concept of governance, and unearthing three theoretical justifications for it: one libertarian, one radical and one republican. These justifications are in turn refuted by showing how they respectively undermine a process-view of democracy, neglect structural avenues for accountability and encourage elites to wield power.     

Apartheid Policing: examining the US migrant labour system through a South African Lens

This article draws a parallel between the Apartheid regime in South Africa and the post-IRCA immigration regime in the USA. I argue that both regimes were organised around Apartheid Policing, which may be defined as a legal process consisting of three mutually reinforcing mechanisms: differentiation of migrants into non-citizen insiders with legal residence rights and non-citizen outsiders without them; stabilisation of migrants as permanent or long-term residents, enabling the growth of the migrant workforce; and marginalisation of migrants as politically vulnerable outsiders, including exploitation at work. But the two regimes were supported by different political and ideological apparatuses. While placing a disproportionate burden on Latino migrants, the post-IRCA immigration regime differed from the Apartheid regime in that it was not organised around an explicit racial hierarchy, and offered non-citizens a greater array of rights. As a result, Apartheid Policing under the post-IRCA immigration regime is potentially more politically sustainable.     

Theorising noncitizenship: concepts,debates and challenges

Abstract

Existing political theory, particularly which deals with justice and/or rights, has long assumed citizenship as a core concept. Noncitizenship, if it is considered at all, is generally defined merely as the negation or deprivation of citizenship. As such, it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. This article addresses this critical gap by defining the theoretical problem that noncitizenship presents and demonstrating why it is an urgent concern. It surveys the contributions to the special issue for which the article is an introduction, drawing on cross-cutting themes and debates to highlight the importance of theorising noncitizenship due to both the problematic gap that exists in the theoretical literature, and the real world problems created as a result of noncitizenship which are not currently successfully addressed. Finally, the article discusses key future directions for the theorisation of noncitizenship.     

South Africa as an emerging power: from label to ‘status consistency’?

South Africa proudly wears the label ‘emerging power’, with its membership of the BRICS and G20 probably the most visible signs of this conferred status. This paper explores the concept of the emerging powers within the context of current global power shifts and locates South Africa within this group. It discusses the criteria for and characteristics of emerging powers, and then turns to some of the constraints and challenges faced by these states. Specific attention is paid to the ‘how’ of these states' recognition and inclusion in global institutions and the impact of domestic conditions and regional politics on their positions, focusing particularly on South Africa. It concludes that these factors will continue to challenge South Africa's ability to rise above the semblance of importance conferred by its inclusion in the category of emerging powers to a position in which it exercises this status to its own advantage, including its idealistic objectives of promoting greater global equality and recognition for Africa and the global South. Although other emerging powers face similar challenges, South Africa's domestic constraints and related lack of regional and global reach, politically and economically, threaten its ‘status consistency’ as an emerging power.     

The political value of languages

A theory of linguistic justice needs to take into account the three distinct values of language as a medium for communication, as a source of individual identity and as an instrument for political self-government. Doing so would undermine Van Parijs’ claim that political borders and peoples should be downgraded to a purely instrumental role for purposes of social justice. But it would widen the scope of egalitarian global justice by including a universal right of individuals to membership self-governing polities and it could provide more solid theoretical foundations for his defence of coercive territorial language regimes.     

Pension Programs Around the World: New Comparative Global Policy Data

Abstract

Income protection during old age is a universally recognized human right. Are nations fulfilling their responsibility for income support for older adults? Using a new global dataset on social protection conceptualized and built by two of the authors, this paper examines whether countries have legislated for national pension systems, and the characteristics and adequacy of those systems.     

Timing as a source of regulatory influence: A technical elite network analysis of global finance

Rules governing the international financial system are the subject of some of the most intense distributional battles waged in any area of global governance. Who wins and who loses such battles – and why? I develop a novel analytical framework – technical elite network (TEN) theory – which explains the widely varying levels of influence that stakeholders enjoy over global financial standards. TEN theory draws attention to how issue‐specific characteristics of international finance – in particular, its highly technical and complex nature – shape the distributional consequences of global regulatory processes. It posits that such characteristics influence distributional outcomes by (i) affecting who claims first‐mover position and, thus, sets the agenda in global financial rulemaking, and (ii) ensuring that proposals made by first movers are increasingly difficult to alter at later stages of rulemaking. I provide empirical evidence for the theory by examining two regulatory regimes that are central to the efficiency and stability of the global financial system: the Basel Committee on Banking Supervision and the International Accounting Standards Board.     

论卡特政府时期美国全球战略发生历史性转变的内在根源(Ⅱ)

吉米·卡特是美国历史上少有的在执政期间真正有意致力于推动世界和平的总统之一。他为抑制美苏军备竞赛,裁减军备与缓和当时的国际紧张局势做出了不懈的努力。他的这些努力使他后来荣膺诺贝尔和平奖。然而,由于卡特的这种外交方针触犯了当时美国国内某些极端保守势力的利益,在国际上又遭到苏联霸权主义的扩张带来的冲击,使他在执政期间屡屡遭受外交政策上的挫折。分析美国外交政策史上这一特定时期的种种内在和外在的因果联系,对于我们今天更深入地了解美国外交政策的内在动因具有极为重要的参照意义。