The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar

The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC Statute and has invoked the principle that treaties do not bind third parties without their consent. The case put in this commentary is that while the Pre-Trial Chamber’s approach to the law was arguable as an interpretation of the ICC Statute, it was unwise as a matter of policy. The argument is threefold. First, the Pre-Trial Chamber’s ruling is as a matter of legal method only the first-move in a process of norm-creation and persuasion. Second, it does not follow that because territorial jurisdiction in international law includes ‘objective’ jurisdiction over transboundary acts completed on a State’s territory that such jurisdiction was delegated by member States to the ICC in all cases. Finally, it is argued that international criminal tribunals do not succeed when the cooperation of necessary territorial governments (here, Myanmar) is withheld. Proceeding in this case risks becoming a quagmire of the ICC’s own creation at a time when it can little afford further risks to its legitimacy.     

HISTORY AS PHILOSOPHY

Historians have taken a beating in recent times from an array of critics troubled by our persistent unwillingness to properly theorize our work. This essay contends that their criticisms have generally failed to make headway among mainstream historians owing to a little noticed cognitive byproduct of our work that I call history as philosophy. In so doing I offer a novel defense of professional history as it has been understood and practiced in the Anglophone world over the last half‐century or so while suggesting, in conclusion, that historians could not do other than they do without serious psychic and societal loss.     

The Science of Empire: Darwinism,Human Diversity,and Russian Physical Anthropology

Summary : The article explores deployment of the Darwinian narrative of the “natural history of humanity” in Russian physical anthropology in the late nineteenth to the early twentieth century. It traces two narratives developed by the leading Russian school of physical anthropology: one narrative advanced a universalist vision of collective scholarly enterprise working toward clarifying the missing links in the a priori accepted developmental evolutionary model. The other constructed a new language that undermined the idea of species/subspecies/races/nations/ as stable, externally bounded, and internally homogeneous units and attempted to rationalize imperial hybridity. The article's main focus is on the latter classificatory narrative, its relational methodology, and the protostructuralist units of comparison that it produced.     

International law and ‘humanity’ in the making and unmaking of European solidarity, 1830–1915

Abstract

The Janus-faced character of nineteenth-century Europe presents unique challenges to historians. Concurrent to spiralling industrial growth, working-class revolts, transatlantic migration and imperialism, the stark social and economic upheaval of the period has virtually belied the solidarity achieved on the Continent. In recent years, however, a number of superlative scholarly studies have excavated and illuminated the intellectual, legal and technological revolutions that ushered in an era of promise and potential unity. In this article, the author examines the degree of interdependence and interconnectedness across the Continent and the world by melding extant scholarship, introducing primary-source research, and offering new perspectives on the relationship of the increasingly globalized world and the European efforts to harness its potential by attempting to create lasting norms for peace and prosperity through international law and the benchmark concept of ‘humanity’.     

论贾谊的帝王之术

先秦诸子的道德之论,也就是帝王之术,同归于执本秉要,清虚自守。贾谊进一步阐明了这个观点,认为“道”是人君取得成功的最高政治法则,并且认为“道”的内容就是“善”。而贾谊道德论的实质是以“有为”为“无为”。为适应汉王朝大一统的政治需要,贾谊提出以“有为”的方法治理国家,实现老子提出的天下有道时无为而无不为的理想政治状态。     

Ancient and Non-Western International Thought

Summary

In early and prehistoric times, human groups cooperated among themselves and competed viciously with other groups. Concepts of international relations, notably universal hegemony and exclusive nationalism, go back to the earliest recorded history. Only the ancient Greeks experienced inter-state relations somewhat analogous to those of modern Europe; and the first reflections on these may be found in Thucydides. The Greeks, and later the Romans, above all Cicero, developed a notion of cosmopolitanism. During the Latin Middle Ages, the papacy perpetuated the idea of universal hegemony. The principle of state sovereignty was also formulated. The pre-modern Chinese empire was held to rule ‘all-under-Heaven’; Confucian ethics contributes the notion of humanity (ren) as the fundamental category. Muslims deepened the us–them distinction by claiming sole legitimacy for their religious community under the Caliph (Deputy of Muhammad). Today, Muslims veer between this and a more Western approach to international relations.     

殷都安阳兴衰的地理因素探析

殷都安阳的兴起和发展与安阳一带相对优越的自然环境和农业、交通、人口、历史文化基础等地理因素有着较为密切的关系。商晚期以后,安阳的衰落与安阳一带的自然环境趋于恶化,政治中心转移,经济衰退及军事防守方面的缺陷和漕运不便等地理因素有关。     

Religion,Politics and Liberation: A Dialogue between Gustavo Gutiérrez,the 14th Dalai Lama and Gianni Vattimo

Abstract

This paper explores the contributions to scholarship and to the globalized imagination concerning religion and politics by the Peruvian theologian Gustavo Gutiérrez, the 14th Dalai Lama and the Italian philosopher Gianni Vattimo. Their common theme of "liberation," personal and political through a common humanity, love and compassion, with or without God, deserves a very detailed examination. The three of them have made an enormous contribution to conversations on religion and politics centred on a human commonality as human beings, and to the practice of religion and politics centred on the poor, on the commandment of love and of service to the marginalized as a way of life and in a new era of hermeneutics and commonality. This paper argues that the practice of a religion of love and a compassionate politics stressing commonalities rather than differences have a lot to offer to a contemporary practice and critical reflection on political theology.     

Education for Tomorrow: The Vision of Rabindranath Tagore

This article investigates Rabindranath Tagore’s educational vision, which underpinned the three institutions he set up in India – Santiniketan (1901), Visva-Bharati (1921) and Sriniketan (1922). It argues that this vision is still relevant for the world of today and tomorrow, and that it should be taken into account in designing any educational model for the future. Tagore rejected the modern mechanical learning that focuses merely on cultivation of the individual’s mind, in favour of learning that encourages the creativity, imagination and moral awareness of students. He believed that education should be not for mere “success” or “progress” but for “illumination of heart” and for inculcation of a spirit of sympathy, service and self-sacrifice in the individual, so that s/he could rise above egocentrism and ethnocentrism to a state of global consciousness or worldcentrism. In pursuing this argument, I refer to Tagore’s letters, lectures, interviews and essays, both in Bengali and in English, a body of his short stories, his novel The Home and the World and his allegorical poem “Two Birds”. I also explain his awareness of the educational movements of his time in the West, and draw brief parallels with selected Western luminaries in the field, such as Plato, Montaigne, Rousseau and John Dewey. My contention is that although some may dismiss Tagore’s educational principles as “rickety sentimentalism” in a world that is palpable and real, his ideas of human fellowship, unity and creativity, and kinship for nature seem irrefutable with the rise of multiculturalism and the looming ecological crisis threatening world peace.     

哈姆莱特与威登堡大学

在莎士比亚的悲剧《哈姆莱特》中,有一个隐藏在作品背后的重要背景——德国威登堡大学。许多评论者认为,这里是培养哈姆莱特成为人文主义思想家的基地。但联系莎士比亚时代德国威登堡大学所侧重的教育内容,当时这里所进行的宗教改革所取得的重大成果,再重新考察《哈姆莱特》中哈姆莱特的思想内涵和精神实质与路德宗神学的诸多相通之处,就会发现,威登堡大学对哈姆莱特产生的重要作用,正体现在宗教思想方面。