THE G8 GLOBAL PARTNERSHIP

ABSTRACT

Since the 1990s, the group of stakeholders working to combat biological weapons (BW) proliferation has broadened to include new actors who have not traditionally focused on security issues, including organizations from the public health sector, researchers in the life sciences, and the biosafety community. This has had significant benefits for the Biological and Toxin Weapons Convention (BWC) and the arms control establishment more broadly. However, the BWC's agenda has become increasingly dominated by issues of international health and global health security. By focusing solely on response strategies, the United States and other interested parties risk losing sight of other important elements of a counter-BW strategy, including deterrence and prevention. Focusing on public health-related issues to the exclusion of more traditional security matters puts the nonproliferation regime at risk, because it limits the amount of time that stakeholders have available to grapple with the critical questions facing the BWC and the biological weapons nonproliferation establishment—questions that must be answered if the regime is to survive.     

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.     

FROM RIGHTS TO RESPONSIBILITIES

This article aims to explore possible avenues that the international community can use in order to justify forcible intervention in sovereign states in cases where gross and systematic violations of the human rights of the he population take place, but where the legal authority for such intervention is not forthcoming from the Uni ted Nations Security Council. Two possible justifications are identified: the doctrine of humanitarian intervention, which despite being controversial, enjoys a measure of acceptance due to the practice of states in this regard, and the notion of an international responsibility to protect vulnerable populations and individuals. The latter option, despite a vague and uncertain legal basis, offers several advantages: it focuses on the suffering of human beings and not on the rights of states, it enumerates clear and definable thresholds for intervention by the international community and acknowledges that intervention is only one step in the process of achieving peace, to be preceded by preventive action and followed by post-conflict reconstruction. It is submit ted that elements of the notion of an international “responsibility to protect” are to be found in the Constitutive Act of the African Union and especially the Protocol on the Establishment of the Peace and Security Council. Furthermore, the principles underlying this notion, as developed by the International Commission on Intervention and State Sovereignty may serve as guidelines in decisions by the Assembly to authorise interventions in AU members.     

论自主武器军控的国际法及政策要点

如何规制自主武器是1980年《常规武器公约》框架下讨论的热点问题,目前这一议题已进入到政府专家组讨论阶段,对自主武器的研发、测试、部署及使用的关键问题,进行了比较深入的讨论。2018年以来,政府专家组会议最后文件已包含了未来谈判的若干指导性原则。本文认为,结合国际军控博弈的背景和各军事大国人工智能技术发展现状考虑,《日内瓦公约:第一附加议定书》第36条下缔约国审查义务、使用自主武器违反国际人道法的责任不得转移规则,以及2013年《武器贸易条约》对自主武器贸易的管制,是三个法律、政策背景极其复杂的问题。以自身军事能力不受到国际军控规则的严重削弱为基础考量,我国应该对此采取审慎的态度,尽力完善法律和政策。     

国际海洋法与维护国家海洋权益

海洋权益是指沿海国对属于自己的管辖海域享有国际海洋法所赋予的特定主权权利。《联合国海洋法公约》奠定了现代国际海洋法制度的基础，为各国维护正当的海洋权益提供了基本法律依据，但也有不完善甚至严重缺陷之处。认真研究其利弊，以切实维护国家海洋权益和公正合理的国际海洋法律秩序。     

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.     

Military and Veterans’ Health,Health Care,and Wellbeing

Abstract

The U.S. Department of Defense (DoD) and the U.S. Department of Veterans Affairs (VA) need to bridge a gap in their understanding of service members’ health outcomes and the issues involved in treatment, such as cost. In addition, clinicians and policy analysts must overcome existing knowledge barriers. Clinicians need to be aware of policy changes that will affect their patient load in numbers and in treatment needs. Policy analysts need to be aware of issues relevant to clinical treatment, such as quality and timeliness of care. Given the need for services and support to military personnel and families, and the fact that the fastest growing expenses in defense are health care costs, a multi-disciplinary line of research will help lawmakers understand the most efficient and effective resource use across the health care services.     

对警察执法与人权保护的思考

根据我国加入WTO以后面临的国际国内形势 ,客观分析了中国警察在人权保护领域的现状、存在的问题并提出了相应的对策 ,旨在提高中国警察的人权保护意识 ,优化我国的执法环境     

“天人合一”思想与坚持可持续发展战略

“天人合一”思想的精华在于比较系统地提出了处理人与自然关系的一系列基本观点 ,值得我们继承和发扬的有“天人一体”的整体观、人与自然和谐观、“尽乎人道 ,合乎天道”的价值观以及“知止”观等。“天人合一”思想中一些过时、错误的观点 ,我们则必须抛弃。     

Mexico: a model for success

In Mexico, a 40 year period of political stability and economic advancement, hailed for its high rates of growth in income per capita, rapid urbanization, and impressive gains in indicators of health and education, seemed to come to a halt in the early 1980s. Since the early 1970s, fertility has declined sharply in chronological association with a new population policy and the implementation of a national family planning program. If in 1940 there was no apparent reason for the Mexican state to have much interest in limiting fertility, such was no longer the case by 1970. The General Law of Population that had been passed in 1947 was laced with the expansionist ideology that dominated demographic issues for more that a century; its pro-natalism had been reinforced by health regulations prohibiting the sale and use of contraceptives and by a penal code that made abortion a crime. Between 1970 and 1981 the total fertility rate fell by about 39%. Since 1975, change in contraceptive practice accounts for the bulk of the measured fertility decline. Between 1976 and 1982 there was a 66% increase in contraceptive prevalence. The government's involvement in family planning activities helped to: 1) develop an effective contraceptive distribution system; 2) circulate extensive information, education, and communication publicizing fertility and images of the small family; and 3) mobilize health practitioners in public institutions to counsel and persuade their clients to accept and practice contraception. The emerging debate over population policy in Brazil may well prefigure debates in other Latin American countries; the recent democratization in Brazil is the vocalization of a demand from women's groups and the left for government provided family planning services. Overall, Mexico's willingness to take the long view tackle the birth rate issue head on is likely to remain an exception in Latin America.     

俄罗斯等国对军警遂行反恐任务中权益的保护及启示

俄罗斯等国对军警遂行反恐任务中的权益作出五点保护：遂行反恐任务身体受到伤害、牺牲者,国家给予补偿金赔偿;因遂行反恐任务人身安全受到恐怖威胁,提出整容要求者国家予以解决;遂行反恐任务期间的军龄优惠计算;处置恐怖事件造成的损害免于法律追究;处置恐怖事件损失的个人财产由国家赔偿。俄罗斯等国对军警遂行反恐任务中权益保护的做法,对我国有两点启示：要进一步完善保护遂行反恐任务的武警官兵生命权等权利的法律;要进一步完善保护遂行反恐任务的武警官兵经济权利的法律。     

When chaos reigns: responding to complex emergencies

This article discusses the impact of Complex Humanitarian Emergencies on the delivery of humanitarian aids. Complex emergencies were the results of long-term political and social disputes. Its impact brings about public health crises like epidemics, malnutrition, and even widespread desperation. In fact, there are four aspects of these crises which complicate public health programs: 1) emergencies are long and recurring; 2) access to the most vulnerable population is often restricted; 3) restructuring health systems in complex emergencies can be futile; and 4) complex emergencies often result in mass forced migration. What makes matters worse is the breakdown of health networks which collapse early in complex emergencies, leading to extensive losses of human health resources. Not only that, health facilities and transportation, infrastructure are often decimated in complex emergencies, and regional hospitals, district health posts, laboratories, and primary care outposts are similarly abandoned or destroyed. Moreover, because it is difficult to predict the course of these emergencies, ascertaining the optimal time to intervene and to invest in materials and facilities that could be lost to renewed fighting can be impossible. To solve this problem requires a coordinated effort. It should also focus on resources, early warning systems, preparedness measures, ongoing career training of relief workers, and prepositioning of relief supplies.     

Interstate border disputes in Africa: Their resolution and implications for human rights and peace

Many researchers have focused on the role colonialism has played in causing interstate border disputes in Africa. Besides the colonial issue, this paper seeks to investigate what other factors fuel interstate border disputes in Africa and determine how effectively the disputes can be resolved. In recent decades, Africa has been tormented by and is still experiencing numerous interstate border disputes which have serious implications for the disputing states. Some of the disputes are resolved, but violations of human rights and instability still occur in these regions. By analysing the content of some relevant documents and with the use of interviews, this paper reveals that most disputing African states rely heavily on foreign intervention (especially by their erstwhile colonial masters) in the resolution of their disputes. It is argued that African leaders need to be more committed and exhibit better leadership in resolving their border disputes, and that they should always seek the expertise of African forums such as the African Union (AU) before calling for foreign intervention. It is suggested that African leaders and the AU understand the problems of Africans better than anyone else, and they are also the ones mostly greatly affected by these disputes. Thus, there needs to be more of a focus on addressing the root causes of disputes in order to avoid them resurfacing, rather than seeking to merely halt them.     

论我国应对国际金融危机的法律对策选择

美国法律对美联储宽松货币政策规范不力、金融信贷管制法律松弛、金融监管体系存在法律漏洞、法律长期缺乏对金融技术与制度创新保持协调发展的规范等是酿成金融危机的关键因素。应对国际金融危机,我国必须坚持依法推进市场调节与政府调控相辅相成,强化金融监管措施,强化对金融创新风险的防控,力求法律监管机制防范金融风险的全覆盖,依法防控国际金融危机对实体经济影响的深入。     

Dealing with disputes in Afghanistan: principles and rules for the tactical level

This article addresses the principles that should guide commanders, and the rules they must adhere to, when dealing with community disputes in Afghanistan. An important feature of these principles and rules is that they have been developed to ensure that coalition forces minimize the harm caused to the local population; and that members of the coalition do not violate their own laws and policies. The principles and rules have also been developed to be consistent with counterinsurgency guidance as practiced in Afghanistan. The article concludes with a number of ‘Dos and Don'ts’ concerning dispute settlement that are relevant for coalition forces dealing with disputes at the tactical level. The article also has two appendices, which are intended to guide commanders to better understand dispute settlement systems in Afghanistan.     

State and society in Asia

India and China are the 2 most populous countries of the world; in the 1950s, both countries initiated a centrally planned program for rapid development within vastly differing political systems. China embarked India's policy encouraged only voluntary acceptance of family planning. In both cases, however, government involvement in population forms a part of comprehensive national planning. Both countries rely on a limited resource base and technological sophistication in order to alleviate mass poverty and misery. The political implications of population growth cannot be neatly isolated from those that are generated by social and economic forces of change in a society that is in a transitional stage of modernization and development. Development has not been an unmixed bleesing; population growth is one of its counterproductive outcomes. The development process has begun to draw increasing attention to hitherto neglected correlates of fertility decline, such as a reduction in infant mortality, universal education, improvement in women's status, and women's participation in economic activity outside the home, all of which eventually result in greater demand for family planning services. Both the Indian and Chinese models highlight the importance of taking the people into one's confidence; the response of the common people to official initiatives is critical in securing a reduction in fertility levels. China has adopted a 1 child family policy, yet it is unreasonable to expect that the Indian people would agree to a nationally prescribed family size norm below 2 children. The principal determinant of future population trends in both these countries is the course of their politics. The success of developing countries will be assured if the developed nations support their progress without being worried about their population growth, which is the result of their unavoidable failure to modernize their social and economic structures.     

军营法律文化建设探析

军营法律文化是存在于军营广大官兵中的带有普遍性的法律心理、情感和观念的集合,是一个国家法律文化的组成部分,其以地域和主体为标准区别于一国法律文化的其他组成部分。军营法律文化与军事法律文化既有区别也有联系,其形成与发展有着独特的＂土壤＂,拥有自身特有的规律。只有准确把握其特点,自觉遵循其规律,才能更好地掌握军营法律文化建设的主动权。     

Violence and the state: Lessons from Colombia

Whether or not Colombia has improved is a controversial topic. If improvement has occurred, what, if any, lessons from the Colombian model can be learned? The first lesson is that Colombia's problems were caused more by a weak state than by drugs. The second lesson is that improving state capacity requires more than just increased security. The state must also provide the basic social services that citizens require to gain and maintain their support. Additionally, government institutions need to improve their professionalism, protect human rights, and root out impunity and corruption. The alternative is to suffer from new cycles of violence as old foes are vanquished, but new ones emerge.     

MODERN-DAY SLAVERY?

Hundreds of thousands of African men, women and children are being forced into situations of labour and sexual exploitation both on the continent and abroad every year. Internationally, trafficking in persons has been identified as a serious threat to human security and development by governments, pressure groups and the UN. But for many African governments, the problem has only recently been acknowledged. This article, the first in a two part series on the issue, outlines the types and extent of trafficking in Africa, with a focus on West and Central Africa. Contributing factors, in particular the high profit margins and low risk of arrest and conviction, are reviewed as well as the impact on human rights, public health, community and family development and the growth of organised crime. The second article in the series will consider successful strategies and international programmes, with a focus on the lessons learned for Africa from West Africa.     

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