国际礼法观:清代中国的朝贡与条约

朝贡与条约并不是平行无关也不是绝然对立,其背后是中华天下礼秩序与欧洲国际法秩序两种国际秩序之间在整个清代中国从接触碰撞到互动博弈,再到渗透兼容的漫长过程。清代中国最初在传统朝贡之外曾与俄国缔结的平等条约并未对中华天下礼秩序造成实质性影响;道咸年间因战败与列强加速缔结了各类不平等的条约、同光时期“有约国”逐步取代“朝贡国”,致使中国丧失“华夷”话语,中华天下礼秩序土崩瓦解。然而,中华天下礼秩序的道义精神却消融于欧洲国际法秩序的强力扩张中,在清末中国形成了义力并举的国际礼法观,进而催生了不平等条约概念,推动了国际法秩序在全球范围内的发展完善。     

关于中国东南亚学研究的几个问题

二战期间和战后,东南亚作为一个地区的名称被日益推广,东南亚学作为相对独立的学科正式形成,且日益繁荣兴盛.中国东南亚研究是国际东南亚学的一个重要的组成部分.改革开放以来,中国东南亚研究进入空前飞跃发展的崭新时期.1979年中国东南亚研究会的建立,是一个重要的里程碑.本文回顾了我国东南亚学研究的进展、成就和问题,并对今后的发展提出了几点建议.     

冲突管理的东盟方式

如何有效预防和解决国家间冲突,维护地区及全球的和平与稳定,这一直是战后国际社会和区域主义实施冲突管理的基点与诉求。东盟根据联合国宪章、万隆会议精神和其他国际法基本准则,结合东南亚国家的冲突管理实践,制定和实施了一套被誉为能够体现东盟方式基本特性的冲突管理模式。本文主要考察了国际冲突管理的理论分析框架,东盟冲突管理的基本原则、冲突类型及其管理方法以及后冷战时代东盟冲突管理所面临的挑战。     

The identity of ‘the other’ for sexual violence victims: is there anything new in sexual violence prosecutions before the International Criminal Court?

Despite the spectacular development in the field of international criminal law, critical feminism stresses the narrow scope of the sex and gender crimes in the Rome Statute establishing the first permanent International Criminal Court. The current international criminal law discourse, as expressed by recent case law, is geared towards the protection of certain groups targeted on account of their distinctiveness within the framework of a conflict situation, and gender is not recognized as one of these group identities. The question whether international criminal law on sexual violence applies only to inter-group conflicts brings to the fore an uneasy likelihood of exclusion of some recently emergent situations where identities of the conflicting parties transcend a particular ethnicity or nationality, and where victims of sexual violence belong to the same group as their perpetrators. The article argues that, rather than the Rome Statute or newly introduced rules and regulations, a significant obstacle in developing gender justice is the narrow interpretation of sexual violence to inter-group hostilities.     

国际组织对公共养老保险改革的影响

本文采用文献法和历史分析法,研究了国际组织在不同阶段对各国公共养老保险改革施加影响的途径和方式,尤其是国际组织在我国养老保险"统账结合"制度的建立与发展过程中发挥的作用。在此基础上,提出了针对我国养老保险制度改革的政策建议。     

International Disorder and China's Strategic Thoughts

Since the 2008 international financial crisis,international political and economic disorder has become obvious.Major reasons are the decline of US-led Western developed economies' global influence;US and other Western countries inaction or ineffective actions;power diffusion allowing non-state actors to intervene;a global governance short of needed rules;and mainstream economic theory's overemphasis on market roles.International disorder is a long-term process posing a potential threat to China' s national interests.The situation challenges China to create an international economic and trade order,thereby shaping itself as prophet of global free trade,shaper of international economic and trade rules,and trendsetter for globalization.     

A failure of governmentality: why Transparency International underestimated corruption in Ben Ali’s Tunisia

This article critiques the Foucauldian approach to governance indicators. Transparency International’s (TI) Corruption Perceptions Index (CPI) underestimated Tunisian corruption levels under President Ben Ali: his regime was highly corrupt but foreign investors were less affected. CPI methodology meant it reflected primarily the needs of foreign investors. The Foucauldian approach specifically excludes analysis of governance indicators’ methodologies. It thus fails to demonstrate the effectiveness of governance indicators as a technology of government, and it fails to show how the production of the CPI is embedded in a wider global political economy.     

Taiwan in the Caribbean: a case study in state de-recognition

The rich and complex recent International Political Sociology (IPS) literature on state recognition has completely ignored the process of de-recognition. The present article uses the case study of Taiwan’s efforts to preserve its ‘diplomatic allies’ in the Caribbean in order to fill this gap. Taking advantage of the IPS development of the constitutive theory of recognition, it introduces and analyses the concept of state de-recognition while emphasizing the deep contradiction between present international law principles and the political reality of national identity building as well as the de-linking of political science and international law understandings of recognition made possible by the progress of the constitutive theory. De-recognition is perceived as resulting in a hierarchical relationship between recognized and de-recognized political entities that is arbitrary and ethically questionable as it ultimately reflects the denial of the right to self-determination of peoples.     

Secrecy and Self-Interest: When Mediators Act Deceitfully

3rd party intervention in interstate conflict is a common strategy for mitigating conflict and obtaining a final agreement. However, not all mediations are successful, leading to the development of a rich literature on the mechanisms which decrease the probability of failure in a 3rd-party intervention. Within this literature, some studies examine how a mediator’ behavior and incentives affect the result of the mediation. Virtually all these studies assume that the mediator is virtuous such that peace is the most desired outcome of a conflict for her. However, this study challenges this assumption and contends that a mediator can gain benefit from the conflict between disputants. If this benefit is adequately large to overcome the benefits of peace, then the mediator has enough incentive not to conduct the mediation toward a peaceful outcome. We develop a signaling game model to study this issue formally and test the proposed hypothesis empirically.     

Delegating Terror: Principal–Agent Based Decision Making in State Sponsorship of Terrorism

State sponsorship of terrorism, where a government deliberately provides resources and material support to a terrorist organization, is common in the international system. Sponsorship can provide significant strategic and political benefits for a state, but there are inherent international and domestic risks associated with delegating foreign policy to these actors. Using principal–agent analysis, I develop a model that evaluates the impact of potential costs and benefits on a state’s decision to sponsor terrorism. I test my model by using a novel dataset on sponsorship behaviors that ranges from 1970 to 2008. The results of my analysis support the validity of the principal–agent model in explaining sponsorship, as states will be more likely to engage in sponsorship when the strategic benefits of weakening the targeted state are high and the risks of international reputation loss and domestic dissatisfaction are low.