The nationalisation of the human rights debate in Egypt

ABSTRACT. The study of nationalism in Egypt has often focused on Arab nationalism and its relevance to the post‐colonial state building process. The current article shifts the focus to the Egyptian state's strategic use of nationalism as a mechanism for survival and for shoring up its failing legitimacy. In particular, the case of the human rights debate is chosen to show the regime's most recent attempt to ‘nationalise’ a rising movement which promotes universalism and poses a threat to the notion of the nation's homogeneity. By misrepresenting human rights organisations as mouthpieces of Western imperialist powers, the regime has managed to create an image of these organisations as posing a threat to Egypt's national security and undermining its international ‘reputation’. More recently, however, the state has refined its discourse on human rights by promoting an image whereby it is the ‘official agent’ of a more nationalistically defined human rights movement.     

法律家长主义及其法律适用

源自西方的法律家长主义理论主张政府在某些领域为了公民自身的利益可以不顾其意志而限制其自由或自治。该理论与中国当前注重以人为本的新民本理念相适应,且与中国法律文化传统、法律规范与社会现实微有契合之处,但却不能与其相提并论。本文通过对西方法律家长主义的论述,试图找到法律家长主义在中国的适用空间。     

佛教文化与传统法律制度刍议

佛教作为外来宗教在中国民间流传了两千多年的岁月,佛教文化影响了中国的传统法律制度,对传统社会的行政法律和刑事法律的影响尤为深远。系统地研究和整理佛教文化与传统法律制度的关系,可以更好地揭示出外来文化与本土文化之间的互动作用。     

Between realism and the 'New Right': geopolitics in Germany in the 1990s

This essay explores the connections between geopolitics and political conservatism. The introductory argument is that geopolitics historically has been appealing and useful for two very different expressions of conservatism: one which aims to preserve the political geography of the existing international status quo and one which seeks to transcend it and establish a new international order. Through an examination of the 'renaissance' of a conservative geopolitics in Germany, the essay considers how this particular pattern is reproduced in the present day. Although this conservative geopolitics operates for the most part at the fringes of political discourses in Germany, it does have a more specific significance for nationalist-conservative perspectives and those of the 'New Right', both in Germany and elsewhere.     

改革开放以来我们党关于人权思想的探索历程

人权是当今国际社会普遍关注的一个重大问题。自改革开放以来,中国共产党三代中央领导集体根据社会主义发展不同时代的要求,相继提出了一系列关于人权的新观点和新思想,这些宝贵的思想探索对当代中国社会发展着有着极其重要的启示意义。     

国民党统治时期自由主义人权运动评析

人权为评估一国政治统治的合法性和正当性提供道德上的判断基准。只有当公民不再需要经常用人权与本国政府抗争时,此政府才被认为是合法的。鉴于史学界对国民党统治时期中国人权运动尚缺乏系统剖析,本文以介于国共之间的中间党派为历史考察对象,通过对其主导的人权运动作认真梳理,试图阐明中间党派的宪政思想及其新自由主义人权观的理论意蕴。     

Russian-occupied Crimea and the state of exception: repression,persecution, and human rights violations

ABSTRACT

Since annexing Ukraine’s Crimean Peninsula in 2014, Russian authorities there have introduced harsh repressive measures to silence opposition to the ongoing occupation, chiefly targeting the indigenous Crimean Tatars and others pro-Ukrainian individuals. From the legally subversive methods it employed to orchestrate the annexation to the rhetoric of anti-extremism with which it has continually justified its occupation, the Kremlin has inaugurated a new “state of exception” in Crimea, invoking the prerogative to circumvent normative legal and juridical procedures in response to a perceived emergency. While Crimea’s state of exception resembles those initiated elsewhere by some Western states and Russia itself as part of the global War on Terror, the state of exception has provided the pretext for a particularly severe degree of repression, persecution, and human rights violations in occupied Crimea. In conjunction with the Kharkiv Human Rights Protection Group, this article discusses the theoretical groundings of the state of exception, its broader applications within the Russian Federation, and its troubling repercussions for residents of Crimea. Casting the Kremlin’s actions as belonging to a state of exception helps draw attention to its alarming human rights violations, and may bolster resistance to the creeping normalization of the Russian occupation of Crimea.     

浅谈我国人权的宪法保障

人权保护是一项国际性的伟大事业,我国历来重视对人权的保护.但是,我国宪法对人权的保护虽然基本形成了较为完整的科学体系,有些权利却仍然需要补充和完善.     

Ethnonationalism and attitudes towards gay and lesbian rights in Northern Ireland

Disputes over gay and lesbian rights occupy a central place on both national and international agendas in recent years. This is also the case in societies emerging from chronic ethnonational conflict where debates over gay and lesbian rights vs. ethnic‐based rights predominate. While much scholarly work focuses on the influence of socio‐demographic factors in determining attitudes toward gay and lesbian rights in postconflict societies, to date, the role of political influences, such as ethnonationalism, is noticeably under‐researched. It is with this omission in mind that this paper focuses on the influence of ethnonationalism, or congruency in religious, national and communal identity, on attitudes towards gay and lesbian rights issues. Using nationally representative data from Northern Ireland, the results suggest that while ethnonationalism is a key predictor of attitudes among Protestants, it is socio‐demographic factors, such as gender, age and educational attainment, that are the primary determinants of Catholic views.     

正统的解构与法统的重建：对清代边疆民族问题研究的理性思考

本从清代边疆民族政策研究的四次突破入手,提出边疆民族研究中的“中原中心论”的传统范式源于中国史学上的正统论的遗绪,应重建中华法系的法统,将边疆民族地区纳入中华法系的研究领域。作主张史学概念化是开创边疆研究新局的途径之一。     

Transitional justice and human rights in Afghanistan

Like other societies emerging from protracted conflict, Afghanistan confronts a legacy of past crimes and violence. Communist rulers, Soviet occupiers, rural resistance fighters, Islamist parties, the Taleban movement, Pakistani volunteers, al-Qaeda members, power-seeking warlords, and the anti-Taliban coalition all contributed more or less to the litany of abuses since 1978. Almost no one in the society has been untouched, and almost no one with any power has clean hands. For these very reasons, caution and care are necessary. Demobilizing and reintegrating tens of thousands of irregular militia, as well as creating new security forces are the necessary conditions for the rest of the peace-building agenda, and, as shown by the author's first-hand experience in the Bonn negotiations over the post-Taleban succession, raising the issue of past crimes prematurely may lead fighters to revert to previous modes of behaviour. He argues for a careful start that emphasizes documenting the scale of the abuses with an emphasis on the suffering of the victims rather than the guilt of the perpetrators, in order gradually to support an Afghan debate on how to reconcile the society with its history.     

Constituencies of conflict and opportunity: Land rights,narratives and collective action in Darfur

Grievance-based narratives are a primary component of civil wars. While present among the general population affected by conflict, the variants held by the segment of the population most proximate to the armed factions – constituencies – play a primary role in the development and conduct of a conflict. Such narratives can coalesce around specific volatile issues and enable non-combatant constituencies to participate in the conflict through the use of specific 'legalities' or legal precepts. These legalities facilitate the engagement of sets of collective action that are opposed to those derived by constituencies of the opposing side. However such constituencies and their narratives are also where potential opportunity resides for peace-building, both during and subsequent to hostilities. This article looks at the case of Darfur to examine these ingredients, with a focus on land rights as the volatile set of issues around which narratives have developed. In Darfur, opposed narratives which maintain how and why groups claim and deserve access to land and territory, and how groups were unjustly displaced or excluded from lands (and hence power), became solidified and acted upon prior to the conflict to become a primary driver in the current war. In certain cases however narrative change has led to interaction between members of opposed constituencies for the purpose of exploring cooperative arrangements.     

关于完善我国劳权法律保障制度的基本思路

劳权是劳动者合法权益的法律提炼,具有经济、社会、法律多位一体的复合特征.我国的劳权保障突出体现在就业权、报酬权、安全卫生权的保障.本文着重提出完善我国劳动合同制度和救济制度、改革劳动争议的构想.     

Tolerant majorities,loyal minorities and ‘ethnic reversals’: constructing minority rights at Versailles 1919*

ABSTRACT. The 1919 Versailles Peace Conference created new states in East Central Europe (ECE), but the imperfect implementation of the ‘one nation, one state’ formula resulted in more than twenty‐five million ‘unassimilable’ minorities. With the introduction of majoritarian democracy, this gave rise to what we term ‘ethnic reversals’: ‘formally dominant majorities’ suffered status decline, while previously ‘minoritised majorities’ found new political powers. Accordingly, the 1919 Minorities Treaties sought to manage these ‘ethnic reversals’ by instituting a liberal minority rights regime that tried to create both ‘tolerant majorities’ and ‘loyal minorities’. While the Treaties reflected the influences of Anglo‐American and Anglo‐American Jewish elites – the most notable voices of liberalism in an age of ethnic homogenisation – we suggest that in contexts of historical diversity with little institutionalised liberalism, ‘ethnic reversals’ raise issues that cannot be resolved within liberal conceptions of minority rights that rely solely or primarily on cultural protections.     

‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.