对"齐玉苓案"相关问题的法律思考

最高法院关于齐玉苓一案的批复涉及到对宪法第46条的解释,而根据我国宪法的规定,最高法院并没有解释宪法的权力。齐玉苓一案不需要直接适用宪法,不必用宪法去解决一个用法律就能解决的问题,该案件的性质是民事诉讼,而不是宪法诉讼。尽管如此,齐玉苓一案以及最高法院的批复对推进中国宪政体制改革仍然有积极意义。     

Attitudes Toward a Military Enforcement of Human Rights

In recent years, Western countries and NATO have repeatedly intervened in international conflicts using military means (e.g., Kosovo, Macedonia, and Afghanistan). The countries involved in these military operations have stated that these interventions did not serve strategic goals; instead, their prime purpose was to enforce human rights. Against this background the present paper aims to answer two main questions: First, how can attitudes toward such military interventions be measured? Second, how are these attitudes related to prosocial and antisocial personality dispositions? Two studies were conducted to address these questions. A first study with 275 university students from Germany enabled us to develop a short and reliable scale to measure attitudes toward the military enforcement of human right. A second study (N = 190) revealed that authoritarianism and the willingness to aggressively sanction the antisocial behavior of others were positively related to this attitude, while no significant relationship with prosocial dispositions emerged. Furthermore, it could be shown that a high concern for human rights only then was connected to a positive attitude toward their military enforcement if persons indicated to handle their daily conflicts in an aggressive manner.

     

法人经营范围外行为的效力问题

通过对几种法人经营范围外行为效力理论的介绍分析,论证相对无效说的现实及理论合理性。对我国现行立法中的相关规定作一评论并对民法典草案的相应完善提出建议,也在此基础上对法人的权利能力、行为能力以及相关登记问题在未来的发展趋势进行探讨。     

正当性、合理性和现实性——世贸组织法中发展中国家的特殊和差别待遇

在GATT/WTO中争取特殊和差别待遇是发展中国家成员要求建立公平的国际贸易秩序的表现。这种公平的实现是从应有权利到法定权利再到现实权利的权利实践过程。本文分析了影响该权利实践过程和结果的一系列变量,指出发展中国家只有增强自身的参与能力,加强整体的团结,才有可能走向成功的权利实践。WTO应进一步强化规则和纪律,切实保证发达国家成员履行对发展中国家成员的义条,后者才能从特殊和差别待遇中真正受益。     

Defending coase against false charges: A comment on block

This note suggests that Coase's The Problem of Social Cost has been read and interpreted too broadly to apply to all aspects of law. Drawing from Coase's own work, I show that Coase was narrowly focused on the economic analysis of negative externalities. This understanding of the paper precludes it from being used as a justification for the broad redistribution of property rights for the purpose of wealth maximization. This understanding of Coase's paper also defends his work against charges from those who object to making the determination of property rights secondary to the maximization of wealth.     

Coercive capacity,land reform and political order in Afghanistan

This article compares four historical periods in Afghanistan to better understand whether land reform in the post-2001 context will improve prospects for political order. Its central finding is that political order can be established without land reform provided that the state is able to establish and maintain coercive capacity. However, the cost of establishing political order mainly through coercion is very low levels of economic development. We also find that when land reform was implemented in periods of weak or declining coercive capacity, political disorder resulted from grievances unrelated to land issues. In addition, land reforms implemented in the context of highly centralized political institutions increased property insecurity. This suggests the importance of investing in coercive capacity alongside land reform in the current context but also that establishing inclusive political institutions prior to land reform will increase its chances of success.     

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.     

State-backed discrimination against Shia Muslims in Malaysia

This article traces the origins of legalized discrimination, religious hatred, and systematic marginalization of a community of Malaysian Muslims – the Shias – perpetuated in the name of Islam. It demonstrates how a central government-derived fatwa (religious legal opinion) banning Shi’ism and the propagation of Shia teachings in the country since 1996 has been used to justify a range of human rights violations, not limited to the religious freedom of this minority group. Apart from Syariah legislation, the state has utilized this fatwa alongside other tools, including the religious bureaucracy and the media, to persecute Shia in Malaysia. Anti-Shia efforts are also supported and propagated by non-state Islamists who often work hand-in-hand with state actors.     

Black is Beautiful: cuerpos negros en Triunfo

Spaniards and African-Americans share significant cultural memories forged by the profound impact that various artistic and historical events had on each other during the twentieth century. To contribute to an exploration and understanding of these shared memories – which have received relatively little scholarly attention – this essay focuses on the presence of Black America in the 1960s, that is, the period of Late Francoist Spain. More specifically, it intends to initiate the study of the impact of the Black Civil Rights and Black Power movements on Spain’s progressive press. Focusing on a selection of articles published in the iconic leftist magazine Triunfo, it examines how the traditional European fascination with blackness manifests itself during the 1960s. In Triunfo’s articles we encounter suffering, violent, and degraded bodies, as well as revolutionary, political, and eroticized bodies. This combination reveals the problematic coexistence of solidarity and inspiration with an ethnographic and voyeuristic gaze that perpetuates the spectacularity of black bodies for global consumption. While foregrounding the challenges posed by writing and representing the Other, this study is also an attempt to reconstruct more fully the 1960s cultural and intellectual history of Spain and to approach the black liberation struggle from a transnational perspective.