刑法伦理解释论

刑法解释问题的关键是依照什么价值原则和指导思想来理解和适用刑法条文,对此,迄今为止的各种刑法解释理论都没有给人们以正确、简单的指导。本文提出的“伦理解释论”认为,最好的刑法解释应当在刑法文本用语的最大含义范围内选择、适用最符合公众善恶观念的含义。“入罪解释论”和当下流行的“出罪解释论”都是荒谬和错误的。与“合乎伦理地解释刑法”相比,由谁来解释刑法、用什么方法来解释刑法并不重要。     

国际法与维护世界和平

本文从国际法基本原则及联合国安全体制着手,分析了国际法在促进国际社会和平与稳定方面的作用与成就,并探讨在当前国际形势下国际法存在的问题与危机,同时肯定了国际法的存在是不可或缺的,只要国际社会加强协作,它将继续在维护世界和平方面起到积极作用。     

Diplomatic Rivalries and Cultural One-upmanship: New Zealand’s Long Quest to Become More Pacific than Australia

Abstract

New Zealand’s governmental and non-governmental agencies, academic commentators and media have long framed the country as uniquely and favourably positioned on cultural grounds to be a strategic diplomatic actor in the South Pacific. Justifications for the framing stem from two linked complexes: the history of New Zealand’s colonial and post-colonial involvement in a number of Polynesian territories in the Pacific; and the related history of relations between settlers and indigenes in New Zealand itself. These different strands of the argument have increasingly been brought together by the growth in numbers of New Zealand-born and domiciled Pacific Islanders. They, along with Maori, have been recruited into the diplomatic service and overtly contribute to the use of Polynesian encounter rituals in New Zealand’s diplomatic outreach. Such histories are used to justify New Zealand’s role in the Pacific in its relations with other external powers, especially in diplomatic jostling with Australia. The claims to special insight and cultural capital are subjected to critical scrutiny.     

Peace agreements in a near-permanent civil war: Learning from Sudan and South Sudan

The conflicts in the formerly united Sudan have led to millions of deaths since the country's independence. The Naivasha Agreement was meant to end these wars. The January 2005 agreement foresaw a future where the Sudan People's Liberation Army/Movement and the Sudanese government would coexist within the framework of a united country. Subsequently, in 2011, however, the country was partitioned and the conflicts in Sudan and South Sudan have continued unabated. Interrogating the treaty texts and employing a case study approach and analysis of the economic and power dynamics within the region, this paper addresses the reason behind the failure of the comprehensive peace agreement and subsequent agreements intended to bring peace after partition. It becomes evident that the same dynamics that fed the partition of the country have helped bring conflict within its two successor states. In short, agreements are not sufficient to build peace.     

Conviviality,ego, team and theme behavior in transrational peace education

ABSTRACT

The Innsbruck School of Peace Studies is known for its innovative academic teaching methods under the title Transrational Peace Philosophy. This essay introduces the epistemological fundament of this approach to peace education. It presents the didactic principles for its Strategic Capacity and Relationship Building, combined with Strategic Leadership Training. They are based on the conviviality of students and a curriculum that follows the stages of groups’ task behavior and individual learning by `peeling the onion´ of the Ego. It describes how the didactics are designed for the international, intercultural, interreligious and interdisciplinary groups of students. It demonstrates the five stages of Ego, Team and Theme Behavior during a semester and how the curriculum places courses for best learning results. It discusses the main presumptions on convivial learning processes for academics. The focus is on students who want to work later in a broader field of conflict transformation.     

Introduction: Unfolding transrational potential

ABSTRACT

This article presents peace education as a process of unfolding potential for peace and conflict transformation. It discusses how the different contributions to this special issue respond to challenges posed by a transrational understanding of peace education that engages with productive tensions present in research and practice. In this sense, the article asks how transrational perspectives can contribute to further understand and engage with these tensions through embracing complexity, contradictions and paradoxes as a field of transformative potentials. Finally, the article presents the objective of this special issue as exploring diverse ways in which transrational perspectives inform peace education - and are informed by it - in the challenging endeavor to facilitate the unfolding of both personal and collective potentials available for peace and conflict transformation.     

论中国维和对建设和谐世界的推动作用

"和谐世界"观的提出,是中国外交理念的重大创新和转型,中国维和则践行了这一理念.中国维和推动了建设持久和平的和谐世界:中国维和完善了维护国际和平与安全的维和机制,中国维和积极致力于国际热点问题的妥善解决.     

论和平与发展是当代世界主题

和平与发展作为当代世界的主题,是对当代世界新变化、新特点的高度概括,有着坚实的科学依据,符合当今社会演进的逻辑,因而具有重要的现实意义.     

Understanding regional peace and security: a framework for analysis1

The aim of this article is to build an analytical framework for understanding regional peace and security. Building on important insights from other theoretical approaches, it proposes that in order to comprehend the complexities of each regional cluster we have to account for: (a) agents of peace and security, (b) instruments of peace and security, (c) the security pattern, (d) the conflict pattern, (e) the positive peace pattern, and (f) the level of regional integration. Secondly, the article examines how these different components relate to each another. It introduces the concept of the ‘regional peace and security cluster’ (RPSC) and proposes that RPSCs can be classified as ‘regional fragmentations’, ‘regional coalitions’, ‘regional communities’ and ‘regional governmental polities’.     

Militarizing peace: why did the Israeli military spearhead the Oslo Accords?

This article deals with the question of why the Israeli military played a major role in the design and implementation of the Oslo Accords in the years 1993–2000 even though this process was originally initiated as a diplomatic move. It is argued that the explanation lies in the army's role in politically mobilizing the anti-Oslo front comprised of religious and peripheral groups, most of whom had a nationalist agenda, as a strategy to counter their resistance to the Accords. The ‘people's army’, through which many of these groups attained social mobility and which they had traditionally trusted, was inherently the most effective mechanism for achieving this goal. This role was further intensified in light of the government's social policies that made these groups ‘peace losers’. Political recruitment took the form of the army's role in designing the Oslo arrangements as military ones.