从地图在解决边界争端中的作用看我国对南沙群岛的主权

本在对国际边界争端的典型案例进行研究后,指出地图在解决争端中发挥着重要的作用,并从国际法的角度研究了众多标明南沙群岛属于中国的中外地图,进一步指出南海断续国界线是中国拥有南沙主权的重要依据和标准。     

解析菲律宾在南沙群岛主权归属上的"邻近原则"--评菲律宾对南沙群岛的主权主张

文章较详细地分析了菲律宾政府提出“邻近原则”的背景、内容、含义 ,并进行了现代国际法理论与实践意义上的剖析。文章指出“邻近原则”在理论上是荒谬的 ,在实践上则具有危险性。认为 ,菲律宾政府只有放弃其对南沙群岛的主权要求 ,停止对南沙岛礁的非法占领 ,并撤离已占有岛礁 ,承认中国对南沙的主权 ,才能真正实现南沙海域的和平 ,也才能真正享用南沙的丰富资源。     

"承认"与中国对南沙群岛享有无可争辩的主权

承认与禁止反言已经成为一项公认的国际法准则。本文通过对著名的国际法学家关于“承认”、“禁止反言”的论述以及一些著名案例的分析,认为越南、菲律宾、马来西亚等国已经承认了中国对南沙群岛享有的领土主权,因此这些国家就应承担不能反悔的法律责任。     

Muslim Political Theology Before and After Empire: Shāh Muḥammad Ismāʿīl’s Station of Leadership (Manṣab-i Imāmat)*

ABSTRACT

This essay examines an important yet hitherto unexplored early-nineteenth century Indo-Persian work of Muslim political theology Station of Leadership (Man?ab-i Imāmat; also known as Darājāt-i Imāmat), written by the towering and contentious Sunnī thinker and political theorist from Delhi Shāh Mu?ammad Ismā?īl (d. 1831). In this hugely critical though lesser known of Ismā?īl’s texts, he sought to detail a theory and framework of ideal forms of Muslim political orders and leaders. Man?ab-i Imāmat presents a fascinating example of a text of Muslim political theology composed during a moment marked by a crisis of sovereignty as South Asia gradually yet decisively transitioned from Mughal to British rule. In this essay, through a close reading of Man?ab-i Imāmat, I aim to bring into view a vision of Muslim political thought and understanding of sovereignty that exceed and subvert the modern privileging of a territorial conception of the nation-state as the centerpiece of politics. I show that while tethered to an imperial Muslim political theology that assumed Islam’s superiority over and subsumption of other religious identities and traditions, sovereign power for Ismā?īl indexed not territorial sovereignty but the maintenance of Muslim markers of distinction in the public performance of everyday religious life.     

春秋时期诸侯国是独立主权国家吗?--与叶自成先生商榷

叶自成先生于近期发表的《中国外交的起源——试论春秋时期周王室和诸侯国的性质》一文提出了春秋时期诸侯国是独立主权国家的理论。本文认为,诸侯国无论对内还是对外都要尊天子、循周礼,因此不拥有主权。对中国这样一个多民族国家来说,不能简单地用中央政权对割据政权制约能力的强弱来确定这些政权是否为国家。统一的政治一文化空间和大一统的国家认同是更重要的因素。     

从历史与国际海洋法看黄岩岛的主权归属

本从历史事实和国际海洋法出发。论证黄岩岛的主权一向属中国所有,数世纪来从未遇到过挑战,也一直得到国际上的广泛承认,并对菲律宾的所谓“黄岩与菲律宾相邻近”、“黄岩岛在菲律宾专属经济区内”等借口进行了批驳。     

当代科索沃问题的国际政治因素

科索沃问题如同近代以来巴尔干半岛内部分裂一样,不仅是此前漫长历史演变的结果,更是现当代国际政治角逐和巴尔干各国利益冲突的结果。巴尔干半岛各国经济利益、政治关怀、民族构成、宗教信仰和文化基础的多样性造成了该地区复杂的政治、民族、文化和宗教冲突,消解这些分裂因素的力量极为软弱。特别是多种国际势力的介入促使该地区问题成为难以化解的"死结",推动各种对立因素呈现出爆炸性的冲突。科索沃单方面宣布独立无助于当地民族冲突问题的解决,并为巴尔干地区更大规模的种族对立埋下伏笔。     

The Field of Mars: heterotopias of territory and war

Territory is connected to war in different ways. This paper explores the ontological face of war, from a political and spatial perspective. Heterotopias, like the Roman Field of Mars and US National Cemeteries, are used to throw light on the relationships between war and territory. The paper first traces the origins of the importance of territory to war, following the Foucaltian revision of Clausewitz to suggest how politics is the continuation of war by other means. It then proceeds to analyze two key displacements constitutive of the current relation between territory and sovereignty: the substitution of the loyalty to king for the loyalty to territory, and the further replacement of territory by the “map”. In the second half of this paper, special attention is given to the post-Cold War hegemonic state practices that have changed the discourses of war and thus constituted a new, postmodern, Field of Mars. The paper shows how the new postmodern “virtuous wars”, fought outside Western Europe and North America, reconfigure the Western politics, territory and sovereignty, particularly in the United States.     

“Vote with your feet”: Neoliberalism,the democratic nation-state,and utopian enclave libertarianism

This paper examines a series of emerging utopian discourses that call for the creation of autonomous libertarian enclaves on land ceded by or claimed against existing states. These discourses have emerged in the aftermath of the 2008 financial crisis and can be seen as a response to the crisis on the part of free-market advocates who critique previous waves of neoliberal reform for failing to radically transform the existing structures of the state. Enclave libertarianism seeks to overcome neoliberal capitalism's contradictory relationship to the liberal democratic state by rethinking the state as a “private government service provider” and rethinking citizens as mobile consumers of government services. Citizens are thus called to “vote with their feet” by opting-in to the jurisdiction that best fits their needs and beliefs. The paper argues that these utopian imaginaries are key to understanding specific new manifestations of post-crisis neoliberalism, and calls for more research into the diversity of discourses and imaginaries that circulate through networks of neoliberal actors beyond specific policy initiatives.     

Conservation,extraction and social contracts at a violent frontier: Evidence from eastern DRC’s Itombwe Nature Reserve

Conservation efforts must develop strategies to perform at violent frontiers where environmental values, mineral extraction and conflict intersect. Using war-torn eastern Democratic Republic of Congo's Itombwe Nature Reserve as an illustrative example, this article explores how community conservation is implemented and received at a violent frontier. Taking inspiration from an emerging body of literature which portrays conservation as a form of ‘social contract’ in regions where the nation state is weak or absent, it explores some of the expectations and obligations that surround community conservation initiatives. It draws the conclusion that conservation social contracts are likely to produce unintended consequences when left unfulfilled or broken. Conservation actors perceived to be breaking the terms of (implicit) social contracts can inadvertently encourage local communities to embrace alternative contracts with other actors seeking to extract value from the resources located in frontiers, such as industrial mining companies.     

“We are not animals!” Humanitarian border security and zoopolitical spaces in EUrope

This article juxtaposes two prominent discourses accompanying the neoliberalisation of EUrope's borders. The first is the emerging notion of humanitarian ‘migrant-centredness’ found in the policies of elites and security professionals in the field of EUropean border security and migration management. The second is the use of animalised metaphors and imagery that pervade narratives of ‘irregular’ migrants' embodied experiences of detention across and beyond EUrope. It argues that what is at stake in this juxtaposition is more than simply a discrepancy between the ‘rhetoric’ of neoliberal bordering and the ‘reality’ of ‘irregular’ migrants' experiences. Such a view, which is commonly held among diverse critics of border violence, ultimately makes a problematic appeal back to the very humanitarian frame that has already been coopted by authorities associated with or even complicit in that violence. Seeking an alternative diagnosis and ground for critique beyond the ‘rhetoric/reality’ bind, the analysis draws on conceptual resources found in (post)biopolitical theory – particularly Jacques Derrida's concept of ‘zoopolitics’ – in order to identify and explore animalisation as a specific spatial technology of power. Understanding the work that the zoopolitical threshold does in shaping contemporary spaces of incarceration and producing animalised subjects offers new insights into both governmental logics of border security and the limits of humanitarian-based critiques.     

Extracting sovereignty: Capital, territory, and gold mining in Tanzania

In contemporary discussions of “resource nationalism,” sovereignty is often imagined as the exclusive control of national states over internal resources in opposition to external foreign capital. In this paper, we seek to draw attention to the specifically national territorial forms of sovereignty that - rather than hindering the flow of capital - become constitutive to the accumulation of resource wealth by states and capital alike. Drawing from political geographical theorizations of sovereignty, we argue that resource sovereignty cannot be territorially circumscribed within national space and institutionally circumscribed within the state apparatus. Rather, sovereignty must be understood in relational terms to take into account the global geography of non-state actors that shape access to and control over natural resources. Specifically, we engage national-scale state sovereignty over subterranean mineral resources in the form of legal property regimes and examine the mutually constitutive set of interdependencies between mining capital and landlord states in the accumulation of resource wealth. Using Tanzania as a case study, we argue that national-scale ownership of subterranean mineral resources has been critical to attracting global flows of mining capital from colonial to contemporary times. We first examine the history of the colonial state in Tanganyika to illustrate how land and mineral rights were adjudicated through the power of the colonial state with the hopes of attracting foreign capital investment in the mining sector. We then examine contemporary efforts on the part of the independent United Republic of Tanzania to again enact legislation meant to attract foreign mining companies - and the consequences for local populations living near sites of extraction.