国际法律援助组织第十届会议综述

本文主要分三个部分,简要概述了国际法律援助组织第十届会议的主要内容。第一部分为法律援助面临的全球性问题,主要表现为法律援助经费缩减及带来的一系列问题,并介绍了有关各国和地区法律援助工作现状的比较分析成果;第二部分强调了网络、电话等现代化技术对法律援助工作的影响。即一些国家是如何利用网络等技术,以积极应对法律援助经费紧张的局面的;第三部分介绍了澳大利、南非采取的有关保障法律援助质量的措施。     

多层面国际警务合作方式的框架构筑

在非传统安全问题El益凸显的今天,加强国际警务合作已成为各国警方的共识。然而,各国间国家制度和警务理念等方面的差异在一定程度上阻滞了国际警务合作的有效展开．传统的国际警务合作方式难以全面适应新时期国际警务合作的现实需要．必须从多层面、多途径创设更为有效的国际警务合作方式,以此推动国际警务合作的深入。     

The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

The regional outcome of the Comprehensive Peace Agreement five years down the road: Are external forces playing a progressive role?

ABSTRACT

The Sudan's Comprehensive Peace Agreement (CPA) of January 2005 is the outcome of regional and international mediation led by the Inter-Governmental Authority on Development (IGAD)1 and the IGAD Partners’ Forum broadened to include the United States of America, Norway, the Netherlands, Canada, Italy and the United Nations. Five years into its implementation the peace agreement appears to have transformed the war between North and South Sudan into a series of engagements of conflicting nature. Numerous contradictory actions by both the Sudanese People's Liberation Movement (SPLM) and the National Congress Party (NCP) (the main political forces behind the CPA) have been noted during the ongoing implementation process (Grawert forthcoming 2010; Grawert and El-Battahani 2005; Wassara 2008). Although internal Sudanese forces are the key actors in implementing the CPA, external forces are critical in providing the support and pressure needed for a complete realisation of the peace deal. The New Regionalism Approach (NRA), as advanced by Grant and Soderbäum (2003), is instrumental in understanding this dynamic. This article is based on the result of a study that seeks to examine why positive engagements of external forces are needed for a timely implementation of the Comprehensive Peace Agreement.     

东盟国家国际商事仲裁协议制度比较研究

仲裁协议是国际商事仲裁的基石。文章以国际商事仲裁的一般理论为基础,详细地比较分析了东盟主要国家有关国际商事仲裁协议的形式与内容、仲裁协议的当事人、可约定提交仲裁解决的争议事项以及仲裁协议的效力等方面的法律制度。     

“金砖五国”服务贸易竞争力比较分析

本文在综合既有关于国际服务贸易的理论及实证研究成果的基础上,以贸易竞争优势指数(TC指数)和出口比较绩效指数(CEP指数)为分析工具针对1997~2011年"金砖五国"各个服务贸易部门国际竞争力进行了纵向比较分析;再分别对按照生产要素密集度划分的劳动、资本及技术密集型服务的TC指数和CEP指数进行加权综合得到五个国家的综合国际竞争力指数并进行横向比较研究。通过对巴西、俄罗斯、印度、中国和南非贸易数据的分析及比较研究,总结这五个新兴市场国家服务贸易的发展现状、竞争优势及发展趋势。     

AID EFFECTIVENESS AND THE PARIS DECLARATION: A MISMATCH BETWEEN OWNERSHIP AND RESULTS‐BASED MANAGEMENT?

Although recent years have witnessed substantial changes in the global aid architecture, less effort has been devoted to investigating the process of implementing those changes. By using the Swedish International Development Cooperation Agency (Sida) as an illustrative and critical case, this article shows how a donor development priority—gender—travels from Stockholm and headquarters to a Paris Declaration‐infused aid practice in three cases with different aid modalities: Tanzania, Zanzibar, and Cambodia. More specifically, the qualitative empirical investigation conducted here shows that the implementation of the new aid architecture puts severe and competing demands on development practitioners. At the core of this tension is the fact that although all donors are supposed to promote partner country ownership, harmonize their efforts with other donors, and align themselves with partner country priorities, results‐based management simultaneously implies not only a focus on continuously measuring and reporting results but also stricter prioritizations on behalf of donor governments. Copyright © 2013 John Wiley & Sons, Ltd.     

Strengthening the Link

Abstract

Through exploration of definitional issues and current migration realities, this article discusses ways in which emphasis on the international dimensions of social work with immigrants and refugees offers opportunities to improve practice and to enhance the relevance of international social work to the profession. The international character of present day migration is illustrated through discussion of the transnational family and the economic and other relationships that tie immigrants to their countries of origin. The paper concludes with recommendations for increased cross-national professional collaboration.     

USAID,Population Control,and NGO-Led Democratization in Egypt: The Fate of the ICPD Programme of Action

Critics of US democracy-promotion strategies of the last 20 years ask: what kind of democracy is promoted by US public agencies and associated nongovernmental organizations (NGOs), how is it promoted, and for what purpose(s)? This paper draws on interviews with NGO, USAID, and UN representatives, gathered in Egypt in 2001, to describe the fate of Egyptian women's advocacy NGOs seeking to implement the pro-democracy platform of action of the 1994 UN International Conference on Population and Development (ICPD). It offers some support for critics' contentions both that external (here USAID) pro-democracy interventions may actually obstruct democratization, and that the instrumental nature of US democracy promotion may mean that such activities are quickly eliminated or downgraded when they conflict with more primary US policy goals.