North Korea’s participation in the Universal Periodic Review of Human Rights

North Korea’s participation in the UNHRC’s Universal Periodic Review (UPR)—a peer review in which states make recommendations to one another for improving human rights implementation—is a notable exception to its rejection of other human rights mechanisms. What explains North Korea’s willing participation in the UPR? This essay analyses North Korea’s participation in the first (2008–11) and second (2012–15) UPR cycles through its written submissions, responses to recommendations, and recommendations to other states. It finds that North Korea has consistently accepted weak recommendations, rejected more specific policy changes, and implemented accepted recommendations on a limited basis, allowing it to claim compliance with human rights at minimal cost. The UPR’s reliance on states’ self-reports and its inability to adjudicate competing factual claims allow North Korea to reject claims of egregious abuses, openly advocate for a radically state-centric vision of human rights, and challenge the legitimacy of human rights mechanisms like the Commission of Inquiry and Special Rapporteur while building support from other states with similar views. Notably, the Commission of Inquiry appears to have motivated North Korea to increase its cooperation with the UPR, demonstrating that the UPR complements but cannot replace other UN human rights mechanisms.     

Hobbes and Schmitt

Many commentators are unconvinced by Carl Schmitt's interpretation of Hobbes's political theory which, to their minds, remakes Hobbes in Schmitt's own authoritarian image. The argument advanced in this essay comprises three claims about Hobbes and Schmitt and the ways in which they are construed. The first claim is that certain commentators are bewitched by a picture of authority which biases their own claims about Hobbes, perhaps in ways that they may not fully appreciate. The second claim relates to Hobbes's individualism. On Schmitt's account, it was this individualism that opened the barely visible crack in the theoretical justification of the state through which it was worm-eaten by liberalism. This essay argues that Hobbes's individualism is not what Schmitt or his critics take it to be. The individualism that figures in Hobbes's discussions of covenant and conscience, pace Schmitt, is an illusion, albeit one that lies at the very heart of his conception of the state and animates his understanding of the relationship between protection and obedience that sustains it. The essay concludes with some remarks about the wider implications of the argument it advances.     

近50年来我国的美国黑人史研究

中国学近50年来对美国黑人史的研究可分为三个时期。20世纪50—70年代,美国黑人史研究在中国成为一个研究热点,取得一批重要成果,但不可避免带有政治化的倾向。80年代,黑人史研究略显沉寂,处于承上启下阶段。90年代以来,取得很大的进展,研究的领域和深度都有所拓展和深入。但总的看来,我国的美国黑人史研究还远未成熟,尚处于起步和奠基阶段。     

Fannie Lou Hamer's Freedom Farms and Black Agrarian Geographies

This paper examines Fannie Lou Hamer's Freedom Farms, a 1969 farming cooperative in Sunflower County, Mississippi. Specifically, this paper interrogates how Hamer's identity as a Black southern woman influences her formulation and daily activities at Freedom Farms. Theoretically, this paper situates Hamer as an expert agrarian labourer and knowledge producer who exists within a history of Black women who have always been utilised for their agrarian knowledge, but given little credit. Hamer's knowledge is a part of her body. This paper argues that Freedom Farms is a Black radical geography operating at three scales: the body, the farm and the southern agrarian landscape. This paper utilises Hamer's speeches, interviews and other archival documents to understand Hamer's efforts. Hamer's agrarian landscape is wrought with pain, but also the insistence in the economic opportunity that exists for Black people in agrarian spaces.     

'Mark one or more': Counting and projecting by race on US Census 2000 and beyond

In 1997, the US Government revised its standards for the collection of data on race. Previous US government practice dating back to the first US Census in 1790 forced people into mutually exclusive categories. The new policy allows people to identify themselves as being of more than one race. The 2000 Census is the first major national data collection exercise to use this new system and its results will reveal both the promise and the perils of the new system. On the positive side, the new scheme allows people who think of themselves as 'mixed' to be counted as such in official data. However, multiple race responses complicate efforts to count minority populations eligible for civil protection and voting rights laws. Furthermore, the new systems pose new opportunities and challenges for social scientists concerned with the measurement of ethnic and racial inequality. The paper ends with a discussion of the implications of the new rules for the imagination of America's ethno-racial future through population projections.     

Implementing political agreement in Northern Ireland: Planning issues for Irish language policy

This paper examines the place of the Irish language in the context of the political agreement recently reached in Northern Ireland. Language planning issues are seen to turn on critical relationships between the emergent legislative framework and local Irish-speaking communities in the region. A model for community-based language planning initiatives is proposed as a means of ensuring the effective engagement of language policy with Irish-speakers. It is suggested that the issue of language rights is likely to become much more pressing as the new institutions of state seek to reflect the socio-political diversity of the region.     

Disco and Democracy: Thoughts on Stillman's Film and Book

Abstract

Statesmanship can be exercised in a variety of situations, not all of which involve sitting in the Executive Office. This response examines three of the most impressive American efforts at statesmanship—that of Madison in his capacity as Founder (on how best to secure rights), Franklin as author of a new American Way of life (based on virtues freed from religious seriousness), and Lincoln as theorist of a political morality. All three examples, I argue, provide evidence that a statesman is more than just a politician who has been dead for some time.     

Was James Madison Ever for the Bill of Rights?

Abstract

This article revisits the question whether James Madison believed the Bill of Rights improved the Constitution. In particular, it asks whether the evidence supports the argument that Madison was persuaded that bills of rights serve an important educative function in constitutional government. It concludes that the evidence does not support this argument and suggests that Madison did not believe that the Bill of Rights improved the Constitution.     

Redistricting principles and incumbency protection in the U.S. Congress

Critics of congressional redistricting have argued that recent legislative gerrymandering severely undermines electoral competitiveness to the point of violating constitutional equal protection standards. In this paper, we assess how states' redistricting plans vary in incumbency protection. Particularly, we evaluate whether redistricting principles and processes had any measurable consequence in incumbency protection in the 2000 redistricting cycle. We first report substantial regional variation across states in the principles formally noted in state redistricting laws. We then report results showing that some traditional, “politically neutral” redistricting principles and less politicized processes significantly diminish incumbency protection. Our results indicate significant incumbency gerrymandering across states in the recent cycle; however, states have significantly less incumbency protection when they specify specific population- and politically-based principles while suppressing elected officials' agenda setting influence in the districting process.     

南海"断续线"的法律地位

文章对南海“断续线”的法律地位进行了探讨。认为存在于南海的九条以国界线方法标绘的“断续线”,确认了中国对线内岛礁滩沙的主权和对周边海域的海洋权益。“断续线”与领海外部界限、专属经济区和大陆架范围主张线、菲律宾“条约线”等有着本质的区别。南海“断续线”的法律地位使其在维护中国在南海的海洋权益方面有着特殊的作用和意义。