THE EXERCISE OF NATIONAL SOVEREIGNTY

Skeptics of the Bush administration have castigated its strong aversion to formal international agreements in responding to the threat of the proliferation of weapons of mass destruction (WMD), citing unilateral actions as the default alternative. Yet this critique misses the growing emergence of a conscious framework guiding the administration's actions: an emphasis on the exercise of national sovereignty and the corollary principle of sovereign responsibility. Rejecting the paradigm of arms control as the answer to WMD proliferation, the current administration instead advocates a toolkit of alternative mechanisms based on the full exercise by individual nation, states of their domestic authorities and rights under international law, acting in their capacities as responsible citizens of the global community. This paper will examine that philosophical approach and its concrete application through the following policies: (1) the Proliferation Security Initiative; (2) enforcement of national laws and regulations as exemplified by United Nations Security Council Resolution 1540 and the U.S. proposals for consideration by Biological Weapons Convention signatories; and (3) preemptive warfare to disarm the WMD programs of a threatening state.     

Seeking a stable future: perspectives on population policy. The legal approach: women's rights as human rights

As it has grappled with issues of population policy, the international community has emphasized that women's reproductive rights are human rights. Scholars have also acknowledged that the right to reproductive health care exists within the scope of international human rights treaties and conventions and that gender equality, nondiscrimination, and freedom from government interference in marriage and family life are also guaranteed. Further protections extend to counseling and health information and referral. The Programme of Action of the 1994 International Conference on Population and Development continues this trend by emphasizing the importance of human rights for attaining population and development objectives, calling on governments to focus their efforts on improving the quality of life for individuals, and endorsing the notion that reproductive rights are universal human rights. Reproductive health care options are also influenced by sovereign laws that restrict availability of contraception, sterilization, or abortion. However, universal rights and unrestricted access must be complemented by other factors controlled by domestic laws to guarantee reproductive choice. Such laws cover issues like marriage age, divorce, marital property, child support, maternity benefits, day care, sex discrimination, eligibility for insurance, confidentiality, spousal consent, rape, and sexual abuse. Countries must modify restrictive national laws and promote laws protecting women's rights.     

The International Criminal Court and the Deterrence of Human Rights Atrocities

Research on human rights treaties has mostly reached depressingly similar conclusions – that such treaties and their resulting institutions have little or no impact on human rights. The International Criminal Court, however, possesses significant power to investigate and prosecute violations of international law that equip it with potentially more influence than previous human rights regimes. I suggest, however, that the impact of the ICC on human rights is conditioned by signatory governments’ commitment to good governance and acceptance of the role of the ICC in addressing violations of international law. I develop a two-stage model of ICC ratification and human rights abuse that shows that while many states have ratified the ICC Treaty, not all are committed to stopping the crimes under its jurisdiction. Rather, state commitment to human rights depends first on its commitment to the rule of law within its own borders. Second, commitment to human rights depends on states’ willingness to grant the ICC the powers necessary to carry out its mission. Through a number of statistical tests, I find strong support for these hypotheses on states’ human rights and propensity for violence.     

Reforming the notion of national sovereignty by external intervention

In principle, national sovereignty is the right of a nation to govern its internal affairs without foreign interference. In practice, it is defined by one's interpretation of international law, which may permit legal external intervention under some circumstances, ultimately removing a nation's sovereignty. This paper will examine the current system of international law outlined by the United Nations, analyse the ambiguities contained within its Charter and elaborate on how external intervention can be justified. The case-study of recent developments related to Libya will demonstrate that the manner in which international law is interpreted is changing the notion of principles of sovereignty.     

论对“网吧”特殊社群之禁止和限制

“网吧”中未成年人群体形成特殊社群，我们应尊重其成员的基本权利．满足其自我实现的要求。当出于公共利益对其成员基本权利进行限制时，应首先排除“社群”利益与公共利益的一致之处，并针对冲突点采取符合比例原则的限制措施．保护“社群”存在的正效应，抑制反效应，避免相对的限制变质为绝对的侵犯。     

The United Nations-African Union Mission in Darfur: Implications and prospects for success

With the security situation in Darfur remaining grim, the international community passed United Nations Security Resolution 1769 that authorised a more robust peacekeeping force. This article addresses the security concerns motivating the United Nations-African Union Mission in Darfur (UNAMID), highlights the mandate and implications of the force, and compares the potential command and control issues to the experiences of the Somalia intervention in the 1990s. It closes by analysing the prospects for success of the intervention and offering some limited recommendations on ways to mitigate the risks associated with the peacekeeping effort.     

Assessing the role of the African Union in preventing and combating terrorism in Africa

The period after 9/11 can be characterised as the terrorism moment in world history. Every actor in international relations—the state, regional, continental and international as well as civil society organisations—has been mobilised to combat what, apparently has been conceived as a common security threat to humanity. The transformation of the Organisation of African Unity (OAU) into the African Union (AU) was a divine coincidence at a time when multilateralism and international cooperation were being challenged by the threat of terrorism. In the post-9/11 period, the main concern of the Union has been to reinforce and implement existing counter-terrorism instruments adopted at the continental level in coordination with states and regional organisations. This article discusses and appraises the endeavours undertaken by the AU and its precursor organisation, the OAU, in tackling and dealing with the threat of terrorism despite limitations to its human and financial resources. In recognition of the nature of the states in Africa and the challenges facing the Union, we argue that the role of the AU remains critical in order to fill the gaps where its member states or regional mechanisms are lacking. In this regard, we stress that the role of the AU should be complementary and serve as an interface between the continent and the international community, including the United Nations.     

Repression Substitution: Shifting Human Rights Violations in Response to UN Naming and Shaming

Does the United Nations naming and shaming of specific violations of human rights decrease government repression? In this article, we argue that international shaming of specific human rights violations can weaken the target government, bringing new challenges and making the government cessation of repression less feasible. When international naming and shaming campaigns target specific repressive tactics, they increase the costs of some – but not all – means of repression. Using original data on naming and shaming by the United Nations Human Rights Council (HRC), we show that the shaming of one physical integrity violation is jointly associated with decreases in that violation and increases in other violations of human rights.     

AMENDMENT TO THE AFRICAN UNION'S RIGHT TO INTERVENE

Heads of State and Government passed the first amendments to the Constitutive Act of the African Union within seven months of the launch of the organization. This article provides a legal analysis of the broadening of Article 4(h) of the Act, the right of intervention, to prevent a “serious threat to legitimate order”. It argues that this clause is inconsistent with the other grounds for intervention, which aim to protect African peoples from grave violations of human rights when their governments are unable or unwilling to do so. The amendment, by contrast, aims to uphold state security, rather than human security. The context in which this and other amendments were adapted from proposals by Libya in Durban 2002 is considered in terms of political implications for the African Union.     

Strategic Ambiguity: Nuclear Sharing and the Secret Strategy for Drafting Articles I and II of the Nonproliferation Treaty

ABSTRACT

Since the 1950s, the United States has engaged in nuclear sharing with its NATO allies. Today, 150-200 tactical nuclear weapons remain on European soil. However, the Treaty on the Non-proliferation of Nuclear Weapons (NPT) prohibits the transfer of nuclear weapons to non-nuclear weapon states. The potential discrepancy between text and practice raises the question of how the NPT's negotiators dealt with NATO's nuclear-sharing arrangements while drafting the treaty that would eventually become the bedrock of the international nonproliferation regime. Using a multitiered analysis of secret negotiations within the White House National Security Council, NATO, and US-Soviet bilateral meetings, this article finds that NATO's nuclear-sharing arrangements strengthened the NPT in the short term by lowering West German incentives to build the bomb. However, this article also finds that decision makers and negotiators in the Lyndon B. Johnson administration had a coordinated strategy of deliberately inserting ambiguous language into drafts of Articles I and II of the Treaty to protect and preserve NATO's pre-existing nuclear-sharing arrangements in Europe. This diplomatic approach by the Johnson administration offers lessons for challenges concerning NATO and relations with Russia today.     

论火灾原因和火灾事故责任认定的可诉性

火灾原因和火灾事故责任认定 ,是公安消防机构的一项重要行政职责 ,会对当事人的权利、义务产生至关重要的影响。公安部在相关法规中规定对火灾原因和火灾事故责任认定不服的 ,不得提起行政诉讼。笔者认为该相关规定有值得商榷之处 ,并试从火灾原因和火灾事故责任认定之法律性质、行政诉讼法之相关规定等方面论述其可以提起行政诉讼 ,并就提起诉讼的方式做了相关论述     

FOOD AID

Abstract

This paper seeks to critically appraise Africa's position within the United Nations Security Council from the inception of the UN in 1945 until the end of 2010, spanning the entire history of the world body. A few factors make such an appraisal a useful exercise. These include the ongoing debates about the reform of the Council in particular and the UN as a whole, and the growing interest that many African students and observers of and actors in international relations seem to have developed in recent years in the working of the world body. In this appraisal, emphasis will be placed on the origin and rationale behind the establishment of the Security Council as well as the use of the veto power by its permanent members, with a special reference to Africa.     

BANNING BIOLOGICAL WEAPONS

The Biological and Toxin Weapons Convention (BTWC) underpins the international regime to control biological weapons. The strength of the treaty however relies on national implementation. The first step for many states party to the Convention is drafting appropriate national laws and regulations. So far, 32 countries in Africa are signatory to the BTWC. More recently, in 2004, the United Nations Security Council adopted resolution 1540, which requires all UN Member States to put in place legislation to prevent the illicit trafficking of material that could be used to develop weapons of mass destruction. The need for such wide-ranging legislation is recognised African countries but its creation and implementation pose specific challenges.     

Human Security and the State in Africa

The most recent major document on human security tells us more about the ideal of human security than how this worthy objective can best be achieved. This is a problem because most African states were created to serve as a bulwark against further colonial rule rather than provide domestic order and protection for their citizens. Many African states have since become battlegrounds for ethnic or economic struggles. Neither a new and committed African leadership, nor intervention by the international community, is likely to transcend this problem and effectively advance the human security agenda. A reformed African state—one which induces leaders to be more concerned with advancing the interests of their people more broadly—remains the only viable alternative. The problem is that any reform of African states will also involve difficult trade-offs and dilemmas.     

A plan for military intervention in Darfur

This article contains a plan on how the African Union/United Nations hybrid force authorised by the UN Security Council in July 2007 could realistically and effectively use military power to save civilian lives in Darfur. It is envisaged that the international force, given its limited size, would mainly focus on protecting and policing refugee and internally displaced persons camps, rather than trying to stop all violence in the region. This intervention is unlikely to provoke a violent military reaction from the Sudanese government. In fact, a careful analysis of the conflict suggests that Khartoum has been engaged in a scorched-earth counterinsurgency rather than in an attempt to exterminate Darfur's ‘black’ population as an end in itself, and thus would stand to benefit from interveners' efforts to keep the camps demilitarised.     

Norm dilemmas and international organizational development: humanitarian intervention in the crisis of Bosnia and the reorganization of North Atlantic Treaty Organization

Conventional constructivism presents conforming to normative expectations as a constituent force in state legitimacy. However, what is broadly considered appropriate is not necessarily realized since concrete action can collide with other norms, just as prevention of human rights violations is generally viewed as desirable, but related action provokes a debate over sovereign integrity and the use of force. This article argues that this ‘norm dilemma’ prompts states to develop international organizations. That is to say, if international mechanisms exist to deal with regional contingencies effectively, such dilemmas that accompany intervention are more likely to be pre-empted. For this reason, states move towards development of institutions for security management. This article examines this claim by analyzing North Atlantic Treaty Organization's (NATO's) reorganization through the intervention in Bosnia and explains why investigating norm dilemmas elucidates more aspects of this case than paying attention to the influence of humanitarian norms alone. Given the stress placed on conflict ‘prevention’ in NATO today, instead of promotion of intervention, as reiterated in the 2010 Strategic Concept, analysis of the first major crisis in post-Cold War Europe offers important insights into future management of norm dilemmas by the Alliance.     

MEASURING UN SECURITY COUNCIL ACTION AND INACTION IN THE 1990S

Although Africa is host to the vast majority (and the most deadly) of conflicts in the world, it would appear that there is a distinct lack of genuine interest in African affairs shown by the UN Security Council and its key members. This paper proposes a 10-level scale of response system to measure the seriousness of the Council in dealing with conflicts. By comparing the Council response with the size and severity of each individual conflict, the scale attempts to assess the Council performance in the fulfilment of its duty to restore international peace and security. The results show that Africa has been (and remains) marginalized in the Council work.     

AFRICAN PERSPECTIVES ON INTERVENTION AND STATE SOVEREIGNTY

Intervention which violates state sovereignty is often justified by its humanitarian goals. In Africa, the debate goes beyond humanitarian objectives and considers intervention when collapsed state authority threatens regional security. Poorly planned interventions can do more harm than good while also weakening the norm of non-intervention in international relations. The brutal and often degrading history of colonization and neo-colonialism still influences African thinking on intervention. Africa's relative geopolitical weakness has compelled it to rely strongly on the international rules. African state's view on intervention should be rethought in the light of failed states, the spill-over of conflicts, threats to the democratic process and an abject failure to act in the face of hummanitarian catastrophe. Military intervention should be an exceptional action of last resort but it will remain an option while states are unwilling or unable to protect their own populations. The objective should be prevention through good governance and the democratic process.     

联合国利比里亚特派团之授权任务解析

安理会决议表达联合国的意见或意志,具有强制性和法律效力。以安理会第1509号决议为基础,对联合国利比里亚特派团的授权任务进行解析,并论述利政府和联合国利比里亚特派团面临的挑战和相应办法,利于我维和人员了解特派团任务进展情况,有利于更好地执行使命。     

保护军人合法权益研究

军人合法权益是军人依法享有的各种权利与利益 ;保护军人合法权益是国家和社会的优良传统 ,是维护国防安全的客观需要 ,是依法治军的必然要求 ;国家和社会应当通过立法、行政和司法的途径保护军人的合法权益