建立国际统一的管辖权和判决承认与执行制度--海牙《选择法院协议公约》述评

海牙国际私法会议于2005年6月所通过的<选择法院协议公约>系迄今为止国际社会在法院管辖权和外国法院判决承认和执行方面意义最为深远的一个公约.本文首先介绍了本文公约产生的背景以及公约的结构.之后,作者就公约中关于统一管辖权的规定进行了较为详细的评述被选择法院行使管辖权的权利和应该行使管辖权的义务、未被选择法院不行使管辖权的义务以及临时保护措施不受公约约束的例外规定.关于公约中所规定的外国法院判决的承认与执行制度作者从六个方面进行了探讨承认与执行外国判决的一般义务、承认与执行外国判决的例外情形、不审查与事实认定、先决问题、损害赔偿问题以及承认和执行外国判决的法律适用问题.     

新安全视角下美国政府的气候政策

"人类安全"逐渐成为一种新的安全理念,环境气候问题等各种影响人类安全和福祉的非传统安全问题日益引起广泛关注。全球性安全威胁的严重程度则取决于治理框架的反应能力。包括气候政策、法律和机构在内的气候环境治理框架能够最大限度地削弱全球化冲突的根源,避免影响的发生或减缓其进程。奥巴马上任以来美国新政府能源、环境和应对气候变化政策出现较大调整,大力推动新能源法案来减缓气候变化。这一政策转向具有深刻的历史动因和政治基础,并将给美国经济复苏和美国企业的国际竞争力带来压力,加剧美国对外贸易摩擦和削弱其在国际气候环境合作中的领导地位。     

缅甸的语言政策和语言教育

本文探讨了缅甸在殖民统治前、殖民地时期、吴努政府时期、奈温政府时期和现政府期间这五个阶段的语言政策和语言教育。在缅甸这个多民族、多语言的国家,独立后经历届政府的努力,缅语最终成为全国通用语。语言政策的制定过程需要充分考虑各民族的语言状况,语言政策体现了鲜明的时代特征。缅甸少数民族语言教学离不开非正规教育的支持。     

试析南海问题中的美国因素

南海争端涉及多个国家。作为最大域外因素的美国对南海问题的关注和介入日益突出,“9．11”事件后,美国主要通过加强军事存在、与南海周边国家进行能源合作、加强与东盟合作三个渠道介入南海问题。在相当长的时间里,美国的南海政策仍以主动、扩张、威慑为主,其牵制中国崛起的基本方针不会改变：同时,美国参与和建构新的南海多边安全机制构想已日趋凸现。     

Leaderisation in foreign policy: performing the role of EU High Representative

ABSTRACT

This article examines how the mediatised context of foreign policy provides new opportunities for political leaders to both frame and project their own leadership role to new audiences. The past ten years have witnessed a sharp rise in political leaders’ use of new social media to communicate on a range of foreign policy issues. We argue that this new media context of foreign policy, combined with a bolstered leadership mandate, has been central to the construction of a more visible public leadership role for the EU High Representative in the post-Lisbon era. Departing from recent scholarship on performative leadership and new media in International Relations theory, we develop an original theoretical framework drawing on Erving Goffman’s dramaturgy of impression management. We employ the concept of “leaderisation” to analyse how mediatisation shapes the leadership process in terms of personification and drama to enable new forms of interaction with followers. We apply this framework in an illustrative case study focusing on the process of negotiating the EU Global Strategy. This diplomatic process provided the High Representative Mogherini with a stage on which she could frame herself in a central leadership position vis-à-vis European citizens to mobilise greater legitimacy for the EU as a global actor.     

The weak domestic base of South Africa's good global citizenship

The self-appointed role of good international citizen that South Africa has played since 1994 is the external corollary of its supposed good governance at home. Weaknesses in domestic governance have, however, been evident since early in the life of democratic South Africa. These problems have become more acute, and internal dissatisfaction with and external awareness of ‘poor service delivery’ in South Africa have grown since 2009 when Jacob Zuma became president. The article illustrates that South Africa fails to meet core criteria of good governance and considers the implications of weak governance for the Republic's good international citizenship.     

Romania and the Third World during the heyday of the détente

Abstract

All Warsaw Pact countries developed intense relations with Third World countries during the 1970s, following in Moscow’s footsteps, allegedly supporting the struggle against Western imperialism while making profitable arms deals. One Warsaw Pact country, though, saw things differently: it was both American and Soviet imperialism that had to be fought off. This paper reassesses the origins and nature of Romania’s Third World policy in the context of the Soviet–American détente of 1972. Détente was perceived in Bucharest as a risk to the country’s independent foreign policy and a consolidation of the existing bipolarity which is why Romania tried to mobilise small and medium states of the Third World in a fight against hegemony and underdevelopment. Although they adhered to the developmental debates and tried to join the Group of 77, the Romanians viewed underdevelopment not necessarily in structural terms but rather as a product of political obstructions exerted by the superpowers. Refusing the take the Soviet side in the Third World, Romania tried to convince Third World leaders that unity and cooperation among the ‘unprivileged’ were a shield against foreign interference and a guarantee of development.     

国外惩治和预防腐败的经验及启示

国外惩治和预防腐败有教育化、透明化、社会化、全面化等四项原则,反腐败主体多元性和专门机构相结合、预防腐败和惩治腐败相结合、体制内反腐败和外界监督相结合、公众参与反腐与精英表率作用相结合。国外惩治和预防腐败给我们的启示是,整合我国反腐监督机构,建立位高权重、有序高效的监督机构体系;加强对公职人员的思想道德教育和职业道德教育;标本兼治,注重预防,从源头上遏制腐败;对腐败行为予以严重处罚;发挥各级领导干部特别是高级领导干部的表率作用。     

The Confluence of Domestic and International Interests: U.S. Policy Toward Cuba, 1998–2001

This article examines the confluence of forces at work to shape U.S. policy toward Cuba since the late 1990s. Our approach examines four key factors involved in policymaking toward Cuba in this period: (1) the entry of new interest groups into the Cuba policy process and an "entrepreneurial" Congress; (2) the executive's constitutionally based interests; (3) bureaucratic interests; and (4) pressure from outside the United States. We examine U.S.–Cuba policy by describing each determinant in isolation and then by looking at the dynamic interaction among them, showing how they are linked together. In doing so, we argue that an analysis including multiple factors better explains U.S. policy toward Cuba than one that focuses on a single factor such as the power of the Cuban-American community.     

Sudden Unexpected Death Due to Left Subclavian Artery‐esophageal Fistula Caused by Fish Bone

A 53‐year‐old woman was admitted to the hospital due to unexpected dizziness and died the following morning. To investigate the cause of death, a forensic autopsy along with histological examination was performed 3 days after her death. The major findings of the autopsy were that a fish bone had pierced the left subclavian artery after perforating the esophagus with 680 mL of blood in the stomach and bloody and tarry contents were present in the intestines, and the cause of death was confirmed to be subsequent hemorrhagic shock. Unfortunately, none of her family realized that she had eaten a fish 4 days before the tragedy until the fish bone was found. The present case is rare and instructive. The histopathological findings of left subclavian artery‐esophageal fistula induced by a fish bone can be used as a reference in forensic practice.