阿卜耶伊仲裁案及其影响限度
Abyei Arbitration and its Limits of Influence

发布时间 Release time: 2018年12月05日 阅读次数 Hits:

摘要 阿卜耶伊仲裁案是苏丹南北方内战冲突的产物。苏丹政府与苏丹人民解放运动在无法就阿卜耶伊归属与边界划分问题达成一致的情况下,选择将此问题提交国际常设仲裁法院。法院在受理此案后,依据“部落解释”的原则,以1905年并入科尔多凡省的九个恩哥克丁卡人酋长领地为依据,对阿卜耶伊地区的边界进行了确认。仲裁本身是高效、透明的,在费用分摊上也较为合理,双方均接受此仲裁结果。然而,由于未涉及阿卜耶伊地区的石油与放牧权问题,仲裁结果无法得到执行,阿卜耶伊地区的也冲突持续至今。此案所反映出的仲裁机制的局限性与无效化问题,从本质上看,是将“技术性问题”置于“实际关切点”之上,导致法律与政治错位的结果。


Abstract: The study of instability can not only start from organizational and conceptual level, but also from the system level. As a system, the formation of terrorism arc of instability is based on the units and their interaction. These units include global terrorist organizations, regional terrorist organizations, and “lone wolves”. Their interaction involves competition, cooperation, and alliances. The interactive content includes personnel movements, financial flows, and sharing of ideas. The terrorism arc of instability has a holistic character after its formation, and its core nature is the “feedback” effect. Among them, positive feedback promotes the change and development of the system, and negative feedback ensures the stability of the system. From the perspective of configuration, the terrorism arc of instability is unstable. It has experienced a rapid transformation of “uni-polarity and bipolarity” in a short period of time. From the perspective of mechanism, despite the lack of laws and treaties, mechanism of the free movement of units and other mechanism of the internal reward and punishment have emerged. From the perspective of culture, the terrorism arc of instability has formed a closed cultural field that distorted external information and shaped itself. Such information will solidify the cognitive patterns and processes of internal members, internalizing their terrorist identity, and ultimately making them a solid defender of the system. In response to the terrorism arc of instability system, the international community should not only take comprehensive countermeasures against terrorism, but also cutoff the support from the external world, so as to fundamentally eradicate terrorism.




本文发表于《非洲研究》2018年第1卷。

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