破坏野生动物资源类犯罪若干疑难问题研究

破坏野生动物资源类犯罪为法定犯。但由于行政法、刑法以及司法解释关于野生动物犯罪相关规定存在一定的冲突,特别是在动物保护等级、保护对象、升档标准等方面,导致司法实践在法律适用方面存在众多困难。而在司法实践中,关于动物犯罪案件司法鉴定、主观明知、违法性认识、证明标准等方面也存在不同的观点。     

中美贸易摩擦对台商经营及其投资布局影响的实证分析

中美贸易摩擦是在中国大陆快速崛起和世界经济大变局的背景下发生的。对台商问卷调查分析显示,大陆台商出口和经营业绩将受到较大影响,而且面对大陆经济高质量发展,台商转型升级进展缓慢。目前,虽然大陆仍是台商第一大市场和第一大的投资地,但是台商对东南亚地区的投资增长趋势明显,中美贸易摩擦可能加速台商重新布局。     

The legitimacy of occupation authority: beyond just war theory

ABSTRACT

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts.     

The Jenin Initiative: Counterinsurgency by Capacity Building

In late 2008, as negotiations between the Israelis and the Palestinians faltered, the US directed the Jenin Initiative on the ground in the West Bank. Designed to inspire confidence in Washington’s security-driven ‘West Bank First’ strategy, the Jenin Initiative married economic development to security sector reform under the Palestinian Authority. Drawing on the perspectives of those responsible for implementing the Jenin Initiative, this article reveals how counterinsurgency doctrine transplanted from the ‘war on terror’ shaped US interventions that built capacity in the Palestinian Authority. The Jenin Initiative exposes the extent of US intervention to create an effective apparatus of Palestinian self-policing to enhance – but not replace – that of the Israeli occupation.     

Strategic rebels: a spatial econometric approach to rebel fighting durations in civil wars

ABSTRACT

Recent research on multi-actor civil wars highlights that rebel organizations condition their conflict behavior on that of other rebel organizations, with competition and free-riding constituting the core theoretical mechanisms. We provide a new actor-centric approach to explicitly model strategic interdependence in multi-actor civil wars. We argue that rebel organizations have incentives to remain mobilized until the end of a conflict to maintain their power to negotiate, power to spoil, power to enforce, and power to protect. This induces strategic complements that dominate duration dynamics in multi-actor conflicts. Based on a network game-theoretic model, we derive a spatial econometric framework that allows for a direct test of strategic interdependence. We find that the estimated duration interdependence is positive but partially offset in secessionist conflicts where the public goods nature of the incompatibility also induces strategic substitution effects.     

Oil,Natural Gas,and Intrastate Conflict: Does Ownership Matter?

The impact of natural resources on intrastate violence has been increasingly analyzed in the peace and conflict literature. Surprisingly, little quantitative evidence has been gathered on the effects of the resource-ownership structure on internal violence. This article uses a novel data set on oil and natural gas property rights, covering 40 countries during the period 1989–2010. The results of regression analyses employing logit models reveal that the curvilinear effect between hydrocarbon production and civil conflict onset—often found in previous studies—only applies to countries in which oil and gas is extracted by state-owned companies. The findings suggest that only state-controlled hydrocarbon production might entail peace-buying mechanisms such as specific clientelistic practices, patronage networks, welfare policies, and/or coercion. At the same time, it seems that greed and grievance are more pronounced whenever resources lie in the hands of the state. Exploring the within-country variation, further analyses reveal that divergent welfare spending patterns are likely to be one causal channel driving the relationship between resource ownership and internal violence.     

The Responsibility to Protect at Ten: Glass Half Empty or Half Full?

Abstract

Far from having faded away, ten years after its formal adoption, the responsibility to protect (R2P), is arguably more relevant than ever. In the current overall context of protection crises, heightened in severity by the emergence of violent extremists, R2P has changed the way in which the international community characterises situations that involve protection failures, and has raised expectations about what should occur when atrocity crimes have been committed or are imminent. UN member states now agree that prevention is at the core of R2P, that international action should employ the full range of diplomatic, political and humanitarian measures, and that military force should only be considered as a measure of last resort. While there is continued contestation about particular aspects of R2P – as there is over much older normative advancements, such as human rights – R2P has helped to forge political consensus and build new institutional capacity to prevent and respond to atrocity crimes.     

The discursive construction of intervention: selves,democratic legacies,and Responsibility to Protect in French discourse on Libya

This article analyses French executives' and lawmakers' legitimisations of the intervention in Libya with the aim of understanding the discursive construction of intervention. It investigates the arguments in favour of intervention and the oppositions they were confronted with. To these arguments belong a re-evaluated democratic legacy of France, an identification with the Libyan people, and a debate on Responsibility to Protect and the rule of law in world politics, which have a broader relevance for French actorness abroad. The article applies the Essex School discourse theory and techniques from Interpretive Policy Analysis on executive speeches and parliamentary documents for structuring the debate and for estimating the strength of ideas in their interdiscursive configuration. An ideal-typical explanation of the legitimisation of intervention and of the choice of one policy over another is made. The article argues that going to war in Libya equated to a question of cultural appropriateness.     

The Guatemalan National Revolutionary unit: the long collapse

ABSTRACT

The Guatemalan National Revolutionary Unit (URNG) fought one of the longest and bloodiest civil wars in recent Latin American history. In 1996, the URNG and the Government of Guatemala signed a Firm and Lasting Agreement ending the country’s civil war and initiating the URNG’s post-war life as a political party. After finishing third in its initial electoral competition, the URNG has since been unable to capture more than 4% of the vote, on its own or in coalition, leaving it a minor political party. What explains the poor electoral performance of the URNG as a political party? Based upon fieldwork, elite interviews, and analysis of electoral data, I argue that the URNG’s minor party performance was caused by both organizational and institutional factors.     

预防青少年违法犯罪的途径

青少年犯罪预防问题已成为一个世界性的难题。青少年犯罪的原因,既有主观因素又有客观因素,更是主、客观因素相互作用所致。预防青少年违法犯罪的主要途径应从家庭预防、学校预防、社会预防三方面努力。