20世纪40至60年代美国的"红色恐慌"与保守主义的发展

20世纪40至60年代的“红色恐慌”对美国保守主义的发展起了巨大作用,成功地促进它打破了旧原则的束缚和自由主义在美国社会中的统治地位。但是,它却无法建立一套新的保守主义政治纲领,这导致了它在保守主义发展中的影响逐步衰退。     

National subjects and subversive subjectivity: Deportation and the paradox of the anarchist citizen in the era of the First Red Scare

According to the Westphalian system of international law, all people are meant to be citizens or subjects of territorially bounded and sovereign nation-states, which in turn guarantee certain rights to, and impose certain duties upon, their members. Anarchism, by contrast, is predicated upon a rejection of the legitimacy of state sovereignty, and a refutation of the justness and practicability of representative government. Anarchists took individual and collective “self-determination” to their logical extremes—and in the process confounded state legal regimes and bureaucracies that understood national belonging and individual rights only in terms of citizenship. From the perspective of the United States, alien anarchists “belonged” back in their countries of origin, but from those European states' perspective, anarchists had no place in their national communities. This article examines how both radicals and governments in the era of America's “First Red Scare” engaged with the rules governing the interstate system. As individual radicals, government functionaries, and international diplomats wrestled to define where anarchists belonged in the international order of nation-states, the solutions they found simultaneously reinforced the boundaries of the Westphalian system and revealed contradictions and fissures within it.     

An International Constitutional Court: Future Roles & Challenges

This article comprehensively examines the 1999 recommendation of the Tunisian government to create an International Constitutional Court that is designed to enhance the principles of democracy and human rights and to strengthen the constitutional doctrine which states that the people are the source of authority in a given country. This proposal, which was strongly advocated by former Tunisian President Mohamed Moncef Marzouki during his term in office, aims to underscore the importance of establishing an international judicial entity and analysing its bylaws with respect to its terms and conditions, formation, jurisdiction, and selection of judges. The article traces the trajectory of the movement, from the proposal stage to the latest developments in formally establishing the international judicial entity. Finally, the article identifies various possible difficulties and challenges that are likely to stand in the way of implementing the proposal.     

Rebranding the State: Uganda's Strategic Use of the International Criminal Court

When governments invite the International Criminal Court (ICC) to conduct investigations within their own borders, they seem to indicate acceptance of global norms of accountability for wartime atrocities. The first of these self‐referrals came from Uganda, whose government requested investigation into its conflict with the Lord's Resistance Army (LRA), a conflict within which it, too, committed large‐scale human rights violations. This article argues that Uganda used the ICC to help solve a problem faced by many of the world's least powerful states, whose domestic politics are often structured through patron–client networks. Their rulers need to distribute basic state resources, including physical protection, to loyal clients without alienating donors who demand provision of these same resources by right to all citizens. By inviting external scrutiny and manipulating the investigative process, the Ugandan government received an international seal of approval for practices that the ICC would normally punish. This strategy has system‐wide consequences in that repeated mislabelling of rights violations as compliant with international norms causes the meaning of compliance to become incoherent, and norms are less able to constrain the behaviour of all states in the long run.     

The African Union and the International Criminal Court: counteracting the crisis

In October 2016, South Africa became the first nation to withdraw from the Rome Statute of the International Criminal Court (ICC), after Burundi began taking steps to leave it. Kenya is likely to follow, and other states, like Uganda, could take the same cue. The ICC is facing the most serious diplomatic crisis of its history, with the African Union (AU) denouncing double standards, neo‐colonialism and ‘white justice’, and regularly threatening to withdraw from the Rome Statute en masse. This article adopts both an interdisciplinary and a pragmatic policy‐oriented approach, with the aim of producing concrete recommendations to counteract the crisis. It firstly outlines the context of this crisis which, although not new, is becoming increasingly serious. It then responds to the AU's objections to the ICC. The court's ‘Afro‐centrism’ is explained by objective facts (the occurrence of mass crimes taking place on the African continent, the large number of African parties to the Rome Statute, the principle of complementarity) as well as by subjective decisions (a convergence of interest between the African leaders who brought the cases to the court themselves to weaken their opponents, and the prosecutor who needed quickly to find cases). Afro‐centrism should also be nuanced, as the ICC has already shown an interest in cases outside Africa and the extent to which it is a problem is a matter of perspective. The article also responds to the ‘peace vs justice’ objection, and emphasises that African states were instrumental in creating and sustaining the ICC. It finally formulates recommendations to ease relations between the ICC and AU, such as to investigate more outside Africa, reinforce African national jurisdictions, create intermediary institutional structures, promote regional‐level action, and rely more on ICC‐friendly African states and African civil society.     

The Responsibility to Protect and the International Criminal Court: counteracting the crisis

The establishment of the Responsibility to Protect (R2P) process and the International Criminal Court (ICC) were seen by many to constitute significant progress in the protection of human rights. However, these institutions are now in crisis, due in large part to their failure to prevent or prosecute recent acute human rights abuses in Syria. There have been two responses to this crisis: the first assumes that the crisis is caused by the current structures of international governance, in particular the power of the United Nations Security Council (UNSC), and calls for radical reform. The second sees possibilities within the current structure and advocates making R2P and the ICC more closely aligned under UNSC control. The article argues that both responses are mistaken and sets out an argument in favour of refocusing on the complementary nature of each institution. The Court's most successful actions have been in exercising the powers afforded by its complementary jurisdiction in situations such as Colombia. Similarly, R2P works more successfully at preventing conflict and changing expectations of acceptable state behaviour than it does at confronting situations in which large‐scale violence has begun. The article argues that the ICC and R2P should focus on ‘positive complementarity’ agendas, with the ICC devoting more resources to assisting states to build legal capacity in order to deter future conflict through stronger domestic criminal systems, and advocates of R2P focusing less on intervention in live conflict situations and more on building within states the capacity and resources to protect their own populations.     

Valuing Reputation and Prestige: Canadian Foreign Policy and the International Criminal Court

How do we explain the behavior of states when they appear to be engaged in normative international actions that carry some cost in terms of their material interests? This essay examines the relevance of reputation and prestige for Canadian foreign policy and, in particular, the role of these concepts in relation to Canada's leadership over the creation of the International Criminal Court (ICC). It argues that Canadians and Canadian policymakers care about their country's international reputation and are motivated by the desire to gain prestige. Ottawa's decision to support enthusiastically the creation of an international criminal court demonstrates how the interaction of the Canadian self-identity as a good international citizen and the desire to be recognized as such translates into foreign policy.     

Undoing the global constitution: UN Security Council action on the International Criminal Court

The adoption of the Rome Statute of the International Criminal Court (ICC) adopted in 1998, marked the culmination of the international constitutional law–making of the twentieth century. The Statute reflects a vision of an advanced universal legal order, administered through a process of multilayered international governance. In this article the author examines the key elements of this design, including the doctrine of universality of international criminal jurisdiction, the process of universal law–making and international institution–building. The author places these concepts, and the ICC itself, into the context of the emerging international constitutional order. He also considers the attempts of the United States government to undermine some of the key assumptions that underpin the concept of the ICC. In addition to analysing the objections put by the US government, the author addresses its campaign in the United Nations Security Council to exempt US service personnel and others from the reach of the court. He argues that this episode represents a very important factor in the possible development of two parallel international legal systems: one of universal application, and a special set of rules and exemptions that, it is argued, should only apply to the one remaining superpower.     

Crimson,Scarlet, Murrey and Carnation: Red at the Court of Henry VIII

Abstract

Red, in all its various shades, was a colour with many associations at the court of Henry VIII. This article presents a thematic analysis of the key circumstances when red clothing was worn at Henry VIII's court, namely the robes worn at sessions of parliament by the nobility and secular clergy, the livery issued at coronations, as well as livery given to members of the king's household and his army in 1544. In addition, the king wore red for key days in the liturgical year as his medieval predecessors had, while it also formed part of his everyday wardrobe. Red was also significant for others at the Henrician court, including the secular and ecclesiastical élite. As such, it was a colour that was associated with wealth, status and parliamentary authority.