从《气候变化框架公约》进展看当前国际环境关系

自1992年联合国环境与发展大会缔结了为气候变化问题上的全球合作提供法律框架的《气候变化框架公约》以来,国际上已经历六次缔约方大会。虽然1997年其第三次缔约方会议签订了具有削减温室气体排放数量和时间限制具体目标的《京都议定书》,取得了该领域的一个关键性进展,但最近在荷兰海牙召开的旨在就《京都协定书》的目标与措施达成具体协议的第六次缔约方会议却以失败而告终。纵观国际社会在《气候变化框架公约》问题上的后续行动进展,可以充分看出当前的国际环境关系具有环境问题政治化、环境关系复杂化、环境合作艰难化以及环境斗争激烈化的特点。这使中国今后在环境与发展的问题上将面临更加严峻的挑战,为此必须尽早采取有效对策。     

A Comparative Review of Policy for the Protection of the Architectural Heritage of Europe

This paper is a comparative study of the policies for the protection of the architectural heritage currently in place in Belgium, the Czech Republic, Denmark, France, Germany, Georgia, Ireland, The Netherlands, Spain and the UK. These countries are a representative sample of thirty-two countries that have brought the provisions of the Convention for the Protection of the Architectural Heritage of Europe (Granada, 1985) into force. Set against the articles of the Convention the paper examines the different approaches that are in operation. Bearing in mind that the Convention called for subsequent monitoring of provisions adopted by countries, which has not yet taken place, this paper provides a current overview of the extent of implementation and the different procedures and policies utilised.     

清末英国租借威海卫交涉始末——以总理各国事务衙门档案及舆图资料为例

中日甲午战争清廷战败后,李鸿章(1823—1901年)奉派担任特使,与日本签订《中日讲和条约》(即《马关条约》)。随后俄国联合德国与法国,要求日本放弃占领辽东半岛,此即近代史上著名的“三国干涉还辽”事件。光绪二十二年(1896年)清廷与俄国签订《中俄密约》。光绪二十四年(1898年)三月,清廷又与俄国签订《旅大租地条约》,将旅顺、大连两港口租予俄国,英国为阻止俄国势力扩张,即向清廷提出要求租借威海卫。依据档案史料记载,英国租借威海卫是经过分析与策划并与列强交涉协商后,即与清廷进行威海卫租借交涉,并逼迫清廷签订《租威海卫专条》,将威海卫划入其势力范围。本文拟以《租威海卫专条》原件以及相关舆图、“中央研究院”所藏《总理各国事务衙门清档——英租威海卫案》等档案史料为基础,对英国租借威海卫交涉史实作简单的探讨。     

Measuring the performance of planning: the conformance of Italian landscape planning practices with the European Landscape Convention

The assessment of the performance of planning is debated. The evaluation of the conformance of a given national planning system with a set of principles is similarly received with critical and favourable remarks. A relevant case study consists of the conformance of European landscape planning practice with the principles of the European Landscape Convention (ELC). Italy incorporated in 2004 the principles of the ELC with the Code on Cultural Assets and Landscape (CL), which opened the way for new laws, tools, observatories and atlases. The aim of this article is to demonstrate the usefulness of an assessment exercise concerning the conformance with the ELC of planning practice in Italy. We scrutinize planning systems and tools established by peripheral administrations, according to a qualitative and comparative framework. We refine our analysis by focusing on 10 most recent cases and identifying critical issues in current landscape planning practice. The results are promising and show that landscape planning in Italy is increasingly in line with the ELC.     

The South China Sea dispute and the Philippines Arbitration Tribunal: China's policy options

The Philippines Arbitration Tribunal separately dealing with the jurisdiction over the South China Sea dispute is the continuance of the set practice by the United Nations Convention on the Law of the Sea's Annex VII arbitral tribunals of bifurcation of proceedings, and was the best option for it to deal with China's objections to its jurisdiction in the circumstance of China's non-acceptance of and non-participation in the arbitral proceedings. Such a measure has potentially important implications for the tribunal itself and for China. The tribunal's decision to have jurisdiction over some parts of the Philippines’ submissions resumed the merits proceedings of the dispute. This development of the proceedings would force China to reconsider its current policy of non-participation. Participation in the subsequent merits proceedings might be the right choice for China.     

2011 Cultural heritage legal summary

Abstract

This article summarizes the legal developments during 2011 that affect archaeological heritage. Among the more significant developments were advances in and challenges to the use of international law in deterring the trade in undocumented antiquities and questions of whether artifacts on loan to U.S. institutions from Iran could be used to satisfy judgments against Iran awarded to victims of terrorist bombings. Finally, the article presents a preliminary assessment of the impact of the "Arab Spring" conflicts on cultural heritage preservation.     

俄国革命中的立宪会议问题

立宪会议问题对于1917年俄国革命进程具有重大影响。立宪会议被赋予解决所有迫切问题的重负,承载了人民群众的主要期待和希望,但临时政府受继续进行战争的政策牵制,没有把它作为紧迫的任务来解决,因而延缓了和平、土地、民族等迫切问题的解决。十月前后布尔什维克对立宪会议的态度从积极主张到彻底否定,这一变化除了现实政治原因之外,也有思想理论上的根源。而俄国社会、经济、文化的相对落后,是影响立宪会议命运的深层因素。     

Malta’s Unintentional Consequences: Archaeological Heritage and the Politics of Exclusion in the Netherlands

Abstract

We argue that the apparently successful implementation of the European Malta Convention (1992) in the Netherlands resulted in a relatively closed archaeological policy system, which separates ordinary people from experts. As a result, citizens were increasingly excluded from the archaeological process. The process of closure and exclusion is made visible by investigating Dutch amateur archaeologists and their changing roles within Dutch archaeology. Amateur archaeologists are a group of semi-experts often deemed essential to the quality of research and policy regarding archaeological heritage. Their marginalization after Malta caused discussion and frustration, undermining public support for the initial policy goal of the Malta Convention: conservation of archaeological heritage. Our analysis draws on recent academic debates concerning the policy-practice nexus in processes of Europeanization. Reducing negative side effects and re-targeting policies for greater efficacy and democracy requires insight into the pathways of implementation.     

Climate Change: How Should the World Heritage Convention Respond?

The World Heritage Convention has been considering how best to respond to the impacts of climate change. This poses a number of challenges, aside from the complexities of climate change itself. The Convention is not accustomed to addressing broad, interdisciplinary matters beyond World Heritage; it has not historically had strong links with other conventions outside UNESCO; it has relatively few resources; and climate change will result in escalating change, whereas the World Heritage Convention is based upon a presumption of relative stability and manageable change. Responding to climate change in the longer term will require a clear definition of the role of the World Heritage Convention in this area, and new types of expertise within the Convention process. This article reviews these and other issues to chart a forward path.