海外中国公民领事保护的法律依据研究——兼评《领事工作条例》（征求意见稿）

论文分析阐述了海外中国公民领事保护的内涵与法律依据以及目前海外中国公民领事保护的法律依据之缺陷,并对海外中国公民领事保护的法律依据之完善,有针对性地提出了几点建议：修正《维也纳领事关系公约》的名称和序言并专辟＂领事保护＂一章;拟定中外双边领事条约（协定）文本模式并点面结合地拓宽其覆盖面;将海外中国公民权益保护提升至宪法层面并制定统一规范的单行法;从＂界定海外中国公民领事保护、增强条文明确性和可操作性及建立问责制度＂等方面弥补《意见稿》之不足。     

‘A common law of nations’: Giuseppe Mazzini's democratic nationality

The aim of this article is to analyse the theoretical origins and character of Giuseppe Mazzini's idea of the nation and the wider tensions within nationalist thinking. In particular I will ground Mazzini's idea of national self‐determination on his distinction between rights and duties and finally his republican (and in this sense political, not ethnic) view of the nation‐people. It will emerge that, even if Mazzini shared a voluntaristic idea of the nation, he none the less had a clear perception that the argument of popular consensus needed to be limited (and legitimated) by normative principles, which for him were true democratic principles. Mazzini's originality and modernity lay in his capacity to avoid being a universalist in the old cosmopolitan sense without becoming a relativist. He faced the tension between universality and national identity by making the former concrete and inclusive: universality meant humanity which revealed itself through and within each nation, and was synonymous with democracy. Democracy at home is the premise for democracy abroad: this is Mazzini's legacy.     

早期西方各国在华商人领事制概略

商人领事制是领事制的一种早期形态,这种制度随着西方各国的东来而开始在中国出现,最终,由于该制度已不能适应中西关系发展的形势而逐渐淡出历史舞台。     

浅谈"解决投资争议国际中心"管辖权问题

“解决投资争议国际中心”仲裁机构诞生以来,以其特有的优越性,在国际社会中日益受到重视,在解决国家作为一方当事人的投资争议中,大有取代一般国际商事仲裁的趋势.我国已于1992年正式加入《盛顿公约》,从而也可以利用该仲裁机制.为了更好地利用其为我国服务,我们有必要对其加以研完,其中,管辖权问题作为其运行的基石,更应是我们研究的重点.     

America in Speech and in Deed

The author's primary aim in what follows is to fully articulate Chantal Delsol's critique of late modern universalism as an attempt to depoliticize the individual for the sake of replacing politics with morality. The result of this depoliticization is a quasi-pantheistic cosmopolitanism that not only effectively denies the significance of individuality, despite rhetorically lionizing it, but also undercuts the freedom of individual conscience that makes moral choice possible. Genuine political prudence and moral judgment are subsequently replaced by the rigid exactitude of a technocratic analysis that reintroduces the "clandestine ideology" it was, despite protestations to the contrary, intended to eliminate. The unhappy paradox produced by the attempt to replace the necessary limitations of political judgment with the universality of a priori moral decree is that a new set of culturally and historically idiosyncratic political attachments are surreptitiously introduced beyond the pale of reasonable debate and disagreement. Delsol's measured response is not a precipitous rejection of universalism as such but a rehabilitation of it that recaptures the Christian moral realism at its core.     

时际国际法与中国对南沙群岛享有无可争辩的主权

本通过对时际法的理论和实践的阐述,结合中国自宋代在南沙群岛行使管辖权这一事实,分析了中国对南沙群岛享有无可争辩的主权。     

‘An Obstacle,though not a Barrier’: the Role of International Law in Security Planning during the Pax Britannica

This article explores the role of international law in nineteenth-century British security planning, arguing that statesmen believed law could only influence state conduct rather than determine outcomes. As a result, statesmen crafted agreements to exploit the possibilities of international law while recognising its limitations. The article explores the functions of law, providing examples of how diplomats employed law to increase predictability in interstate relations, signal national interests, and strengthen mutual interests between countries. However, the role of war in the international legal system exposed flawed assumptions about the future of war, limiting the effectiveness of law.     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.     

Mining the Way to Wealth and Power: Late Qing Reform of Mining Law (1895–1911)

This article traces the origins of Chinese alignment with Western mining laws to the last years of the Qing dynasty. I argue that the first decade of the twentieth century was the fundamental watershed in China between early modern views of mining and those held by the Chinese government today.     

Scientific whaling and how philosophy of science can help break the international deadlock

Despite widespread public interest on the topic of whaling, there is at present relatively little work on how philosophy might contribute to analysis of the status of whaling in international law. When philosophers have looked at the topic of whaling, they have confined their attention to a fairly narrow set of ethical questions, such as whether international law should permit certain forms of traditional indigenous whaling or extend legal rights to whales themselves. However, there is another important issue which has so far been largely neglected by philosophy, even though it is at the forefront of current international legal disputes over the status of whaling: the issue of so-called ‘scientific whaling’. This article considers the international legal dispute between Australia, New Zealand and Japan over the latter’s lethal harvesting of whales in the Southern Ocean, and the recent attempt at resolution by the International Court of Justice. On its face, this required that the Court demarcate ‘scientific’ from ‘unscientific’ activity; however, it effectively baulked at this task. The authors argue that this approach of the Court was unfortunate, and that demarcating science from commerce is not only achievable in philosophy, but might also inform international legal practice. Resolving this issue is important for genuine progress to be made in the current international stand-off over Japanese whaling in the Southern Ocean.     

Defining 'underwater cultural heritage'

The newly adopted United Nations Education, Scientific and Cultural Organization's Convention on the Protection of the Underwater Cultural Heritage provides the first universal protection regime for this value archaeological resource. A central difficulty in concluding this Convention was defining underwater cultural heritage. This article considers the development of the definition agreed upon and analyses its utility in providing for a pragmatic and effective protection regime.     

‘That Moral League of Nations against the United States’: The Origins of the 1856 Declaration of Paris

The Declaration of Paris, signed by seven European powers on 16 April 1856, is almost forgotten today. Yet it marks the beginning of modern international law as we know it: multilateral treaties open for accession by all powers with the intention of creating new universal rules. Its extension of neutral rights to trade undisturbed in peace-time was a radical reversal of the centuries-old British tradition of extensive belligerent rights. But there is no convincing explanation why Britain signed this treaty and lobbied for its global acceptance. This article shows that the Declaration was a package deal in which Britain accepted broader neutral rights but gained the abolition of privateering. Privateering was no anachronism, but the linchpin of US strategy in case of a conflict with Britain. The Declaration of Paris closed most of the world's ports to privateers and thus ended the practice. The Declaration was also the first multi-lateral law-making treaty and marks the invention of the main instrument we use today to create international law.