Intertextual relations: The geopolitics of land rights in Thailand

This paper explores the geopolitics surrounding the “modernization” of the formal property rights regime in land in Thailand (formerly Siam) from the mid 1850s to the late 1930s. The paper argues that this weak, peripheral state, in pursuit of international recognition of territorial and jurisdictional sovereignty, employed a strategy of “counter-spatialization” in order to mitigate or deny claims for control over natural resources and population groups by imperial powers. The intertextual dimensions of this “spatial” mode of resistance are elucidated through a close reading of the ways in which diplomatic negotiations of a series of unequal treaties, beginning with the Anglo-Siamese treaty of 1855, shaped—and were shaped by—the formulation and implementation of regulations governing formal property rights in land in Siam. The political economy of land rights at the large scale (local implementation of land titling) and the medium scale (enactment of national land laws) was nested within a process of geopolitical contestation over land rights at the small scale (international recognition of Siamese territorial sovereignty).     

Scales of justice: law,American Indian treaty rights and the political construction of scale

The organization of political scale has served to facilitate the power of the dominant society to control, exclude and marginalize indigenous populations. This paper examines how geographical scale has shaped the historical and contemporary geography of indigenous peoples in the United States. More specifically, discussion will center upon the importance of scale in shaping natural resource conflicts between American Indians and state governments. Using the case of the Wisconsin Ojibwe treaty rights conflict, this study shows how scale informed the historical development of an exclusionary state natural resource policy and the state's legal effort to protect its monopoly over policy making during a 17 year court case over off-reservation hunting and fishing treaty rights. At the same time, Ojibwe Indians sought to use the dominant society's legal system to gain recognition of their hunting and fishing treaty rights and to alter the existing scale organization of power by decentralizing natural resource decision-making and creating a resource co-management regime. This paper shows how both the state and the tribes were active producers of space and scale and how attempts to restructure geographical scale represent attempts to restructure existing power relations. Although geographical scale and power relations are never fixed and are subject to contestation, this paper shows that the ability of marginalized populations to reshape scales of power is limited by the persistence of assimilationist attitudes and normative assumptions about the scalar organization of political life.     

Climate change,conflict, and cooperation: Global analysis of the effectiveness of international river treaties in addressing water variability

Climate-driven water variability is a natural phenomenon that is observed across river basins, but one that is predicted to increase due to climate change. Environmental change of this kind may aggravate political tensions, especially in regions which are not equipped with an appropriate institutional apparatus. Increased variability is also likely to challenge regions with existing institutional capacity. We argue that our best attempts to assess the ability of states to deal with variability in the future rest with considering how agreements have fared in the past. In this paper, we explore treaty effectiveness, or treaty resilience, by investigating whether particular water allocation and institutional mechanisms help mitigate inter-country tensions over shared water. We use water-related events from the Basins at Risk events database as a dependent variable to test particular hypotheses regarding the impact of treaty design on conflict and cooperation over time. A broad set of climatic, geographic, political, and economic variables are used as controls. The analysis is conducted for the years 1948–2001 using the country dyad as the level of observation. Findings pertaining to our primary explanatory variables suggest that country dyads governed by treaties with water allocation mechanisms exhibiting both flexibility and specificity evince more cooperative behavior. Country dyads governed by treaties with a larger sum of institutional mechanisms likewise evince a higher level of cooperation, although certain institutional mechanisms appear to be more important than others.     

基于空间相互作用模型的近代中国经济区域划分研究

通商口岸制度,是中国近代史上最重要的经济现象。近代中国经济地理学的格局和区域经济差异等内容,可以利用当代经济地理学、GIS技术、经济学等研究方法结合历史数据进行考察。近代中国一百多个通商口岸的发展,逐步形成了沿海、沿江、边疆对外开放的地理格局,为现代化提供了条件,促进了近代资本主义生产方式的空间扩张,也重构了中国的经济区域。为探究近代中国通商口岸影响下的经济区域变化,首先对通商口岸体系子口税贸易在地理空间分布进行探讨,初步界定一些较大通商口岸的影响区域,进而通过数量化和GIS方法,特别是使用空间交互模型得出结论。通商口岸体系是区域经济现代化的代表和系统性的研究对象,直接影响到当代中国的经济地理格局,可对当前中国经济地理区划提供有历史与现实意义的参考。     

Negotiating Post‐Socialist Property and State: Struggles over Forests in Albania and Romania

Since the demise of socialism, countries of Central and Eastern Europe have experienced intense negotiations over access and property. This article uses four case studies on struggles over forest in Albania and Romania to examine how these negotiations intersect with processes constituting authority. The cases demonstrate significant variations in the configurations of property and authority regarding forest, but they also reflect the influence of national politics in the two countries. In Albania, custom not only competes with the state as an institution sanctioning rights to forest but actually emerges as an alternative politico‐legal institution contesting state authority more broadly. In Romania, local struggles over forests play out the contestations between personalized and law‐based exercises of state authority at the national level. These insights suggest that due to their radical nature and simultaneous occurrence, negotiations over property and authority have challenged the position of post‐socialist states as primary politico‐legal institutions and have generated different exercises of state authority.     

The Sino‐Soviet Conference, 1924–1927

Soviet Union issued two declarations toward China in 1919 and 1920, promising to nullify all treaty privileges in China previously established by the Tsarist government voluntarily. However, in the formal negotiations Karakhan insisted that old treaties must be replaced by new treaty. Finally, the Sino‐Soviet Agreement, literarily, “Agreement on General Principles for the Settlement of Outstanding Questions”, signed in May 1924 and diplomatic relations restored at once, a conference was stipulated to meet within one month to solve all questions and to conclude a formal treaty. Nevertheless, the conference was postponed for more than a year; when it did convene too many controversies led it nowhere. Since no treaty was produced at the Sino‐Soviet Conference, the old treaties were not abolished, therefore the Soviet's promises were never practiced.     

晚清中国"约定自开"商埠之开埠方式考析——以辽南安东为典型案例

"约定自开"商埠作为一种特殊的商埠类型,本身既有"自开"的因素,又有"约定"的成分,似乎是一个矛盾综合体,史学界对其属于何种开埠方式,历来争议不断。开埠方式的判定应遵循条约规定与开埠实践相结合的双重标准,由于不平等条约并未明确规定中外在"约定自开"商埠的权利与义务,开埠实践中的主权归属就成为判断其开埠方式的主要依据,可从行政权与司法权归属、关税主导权、租界问题三方面入手进行全面考量。安东作为该类商埠的典型代表,是中美商约谈判相互妥协的产物,依照上述标准可判定其开埠方式为"自开"。这为其他"约定自开"商埠之开埠方式的判定提供了合理模式,即开埠实践中的主权归属模式。对"约定自开"商埠之开埠方式进行考析,可从侧面反映出该类商埠的殖民程度。     

TOWARDS SHARED OWNERSHIP: PROPERTY,GEOGRAPHY, AND TREATY MAKING IN BRITISH COLUMBIA

In British Columbia, Canada's westernmost province, unresolved Aboriginal claims to land remain highly contentious. Since the early 1990s, a unique treaty negotiation process has sought to resolve questions about land ownership and establish a new relationship between Aboriginal peoples and the Crown. After almost two decades, the limitations of this treaty process are increasingly evident and answers to the land question remain elusive. This article examines this treaty‐making process through a property lens, focusing on how particular models of property are privileged by and produced through this approach to treaty. I argue that the treaty process, as currently structured, works to entrench dominant Western forms of property across Aboriginal territories in a highly separate and unequal manner, and as such, serves to reinscribe asymmetrical relations of power between Aboriginal peoples and the Crown. To a considerable extent, this asymmetrical approach to property making explains the lack of progress towards treaties. The final part of the article explores alternative approaches to treaty proposed by Aboriginal groups. I argue that these proposals, which reflect Aboriginal understandings of property, offer a new and more promising direction for treaty making. In particular, the emphasis on sharing lands and resources, as well as the wealth generated from these, provides a path to reconcile competing property interests and to build a new and more respectful relationship between the Crown and Aboriginal peoples. I suggest that the difficulties of treaty making in British Columbia reflect broader challenges associated with land restitution and reconciliation in settler colonies.     

论历史性权利在海洋划界中的作用

历史性权利在海洋划界中作用的法律基础既包括条约法也包括国际习惯法。历史性权利分属不同的法律基础,使其在海洋划界中发挥不同的作用。以《联合国海洋法公约》为代表的条约法,规定了历史性所有权或历史性海湾在领海划界中的优先作用,明确了历史性所有权、历史性水域在海洋划界争端解决程序中具有任择性例外的作用,并确立了历史性捕鱼权在群岛水域划界中具有特别适用的功能;而国际习惯法确立的历史性权利规则在海洋划界中的作用,虽然目前国际法上尚无明确规定,但在国际实践上,其主要以并行适用方式发挥作用。历史性权利在海洋划界中的不同作用,为未来我国与周边国家尤其是南海周边国家海洋划界提供国际适法导引。     

Sharing the colonial burden: Treaty‐making and reconciliation in Hul’qumi’num territory

This article explores different understandings of reconciliation within the context of modern treaty making in British Columbia, focusing on the role of the BC treaty process in resolving the longstanding dispute between Aboriginal Peoples and the Crown over rights to land. Although the treaty process was created to reconcile competing interests in the land, Crown and Aboriginal negotiators often have contradictory understandings of how this reconciliation is to take place. Drawing on a case study of the Hul’qumi’num Peoples, a group of Coast Salish First Nations, I examine how different understandings and approaches to reconciliation impede progress at the treaty table. I conclude that progress towards treaty and reconciliation in this case will require coming to terms with the Hul’qumi’num territory's colonial history and geography, something that the current treaty process actively avoids, plus the crafting of a treaty agreement that allows for a more equal sharing of the burden that colonialism has created in this place. More particularly, meaningful reconciliation will require a fuller recognition of Aboriginal title and rights across the breadth of the territory and a commitment to meaningful compensation of Hul’qumi’num Peoples for the wrongful taking of their lands.     

Negotiating hydro-scales,forging states: Comparison of the upper Tigris/Euphrates and Jordan River basins

In this comparative study of two water basins in the Middle East, we examine the hydro-political construction of scale as central to state and nation building, and their territorial consolidation. We argue that scalar negotiations and constructions of freshwater became central to the very consolidation of both Turkey and Israel. The examples we offer also illustrate the usefulness of a performative approach to scale, benefiting from but moving beyond a politics of scale approach. The comparative focus on hydro-scalar politics and performativities in relation to state and nation building offered a) lends to an enriched understanding of water politics in these two contested river basins, b) enables fuller understanding of how water becomes central to the processes by which nations, states, and territories are consolidated in this region, and c) contributes to recent debates in political geography by demonstrating the value of scalar and performative approaches. Underscoring these linkages, the analysis differs from many works on water in the Middle East, contributes to studies of state and nation building as contested processes, and avoids the assumption of state or national scales as ontological pre-givens.     

关于我国区域经济地理学和区域经济学融合发展的思考

区域经济地理学与区域经济学是地理科学与经济科学在解决"经济区域(系统)"的发展问题过程中交叉发展的产物。区域经济地理学是一门古老而年轻的学科,区域经济学则是二战后形成的新兴学科,但两门学科有着共同的思想发展特点,与区位论的发展紧密相联,与区域问题相伴而生,并随着相关学科的发展而越发具有生命力。20世纪80年代以来,尽管在思维方法、研究侧面、学科层次等方面仍存在较大差异,但两门学科在研究内容和理论框架上越来越靠拢,在学科性质上也日益走向融合。     

A Victorian Embarrassment: Consular Jurisdiction and the Evils of Extraterritoriality

In 1856, the Treaty of Paris nominally welcomed the Ottoman Empire into the Concert of Europe, but this exposed a deep fault line in international relations. Although the gesture implied full sovereign rights, it seemed incompatible with the extraterritorial privileges held by Europeans in Ottoman lands under the age-old capitulations. New commercial treaties complicated the issue by extending similar privileges to British subjects as far afield as China, Siam and Japan. Consular jurisdiction soon became the focus of controversy in Westminster as extraterritoriality featured prominently in local disputes following British commercial expansion across Asia, among them the Arrow incident that led to the Second Opium War. In Japan and other states, it would also become a key grievance in popular campaigns against ‘unequal treaties’ and the injustices of informal empire. This analysis shows how, even before such narratives of resistance emerged, there was already a seam of ambivalence in Victorian political discourse on the question of extraterritoriality. In the Foreign Office, it came as no surprise to be told of defects in these treaties, but it was the context of the existing debate, notably fresh initiatives to set up mixed courts, that framed the British response.     

Shared rivers and conflict – A reconsideration

Neomalthusians have regularly predicted "water wars" while cornucopians have argued that there is no inherent water scarcity and liberal institutionalists have seen cooperation as a more likely outcome of competition for limited water resources than violent conflict. Three earlier studies have found a positive statistical relationship between shared rivers and low-level interstate conflict. Based on a more comprehensive dataset, an improved model of conflict, and a more appropriate control for geographical opportunity, we argue that these results are spurious and that we cannot establish a conflict-inducing effect of shared rivers over and beyond contiguity itself. In fact, the new dataset presented here makes it clear that nearly all neighbors in the international system share at least one river. This calls for a different approach to investigating interaction in shared river basins. This notwithstanding, freshwater and other shared resources may still provide a mechanism to explain why contiguity is robustly associated with conflict, so the water-conflict scenario cannot be dismissed. Indeed, our results show that among river-sharing states, basins with an upstream/downstream configuration increase the risk of conflict. The article finally discusses how river interaction should be further investigated based on these results and what new data are needed to enable such research.     

Throwing the Baby Out with the Bathwater: Australia’s New Policy on Treaty-Based Investor-State Arbitration and its Impact in Asia

Abstract

Treaties allowing investors to initiate arbitration claims directly against host states for illegally interfering with cross-border investments are becoming increasingly common in Asia, but Australia announced in 2011 that it will no longer include such protections in future treaties. The backdrop to this decision includes keen interest from Asia in foreign direct investment (FDI) into Australia’s resources sector, meaning that potential investors may not be significantly deterred by a lack of arbitration provisions in future treaties. This article argues, however, that Australia’s policy shift risks undermining the entire investor-state arbitration (ISA) system, with the earliest impact being felt by major pending treaty negotiations by Australia with Japan, China and Korea (respectively); and that the shift may significantly reduce FDI flows or have other adverse effects. The article criticises the cost-benefit analysis of ISA protections in one pivotal study conducted in 2010 by an Australian Government think-tank, arguing that this assessment is insufficiently nuanced. Instead, the article presents a justification for more tailored and moderate changes to ISA provisions in future treaties. Its tentative interest-group analysis suggests, however, that there may be surprisingly few public or private constituencies that would prefer such moderate reforms, and that most may well prefer the more extreme position recently adopted by Australia, despite the damage that will be done to the ISA system as a whole. The article also argues that Australia’s policy shift and think-tank analysis may make Asian countries more cautious about ISA, especially those (like the Philippines and Vietnam) which have traditionally been more cautious about this dispute resolution system.     

Patents and medicines: the relationship between TRIPS and the human right to health

The question of access to drugs in developing countries is at present largely influenced by the TRIPS Agreement. TRIPS compliance in the field of health requires substantial changes to existing patent laws in some countries. These changes must be analysed in the context of the spread of epidemics like HIV/AIDS and in relation to other international obligations that states have, for instance, with regard to the human right to health.
Intellectual property rights treaties today have significant impacts on the realization of some human rights like the right to health. This article examines the extent to which TRIPS encompasses flexibility for developing countries to be able to foster better access to medicines. It also examines these issues from the point of view of human rights and considers, in particular, the ways in which the relationship between human rights and intellectual property can be improved in international law.     

Overcoming legacies of foreign policy (dis)interests in the negotiation of the European Union–Australia free trade agreement*

ABSTRACT

Despite a troubled trade history dominated by disputes over agriculture, the negotiation of a European Union (EU)–Australia free trade agreement (FTA) was initiated in 2015. The initiation of these negotiations was made possible because of the shift in EU trade policy towards the negotiation of what the EU terms ‘new generation free trade agreements’. The EU has concluded FTA negotiations with South Korea, Singapore, Vietnam and Canada, and is negotiating other FTAs— notably with Japan and the USA . The EU faces many commercial challenges to its FTA negotiations that go beyond tariff reduction, including the protection of its geographical indicators, public procurement and investor–state dispute settlement. These issues are likely to be substantial features of any EU FTA with Australia. In addition to these challenges, the promotion of sustainable development interests and human rights through FTA negotiations is an important component of the EU’s approach. The EU’s position on the trade-related aspects of sustainable development and the negotiation of human rights conditionality has presented significant challenges to the EU’s trade agenda, particularly in negotiations with Canada and Singapore. This article draws lessons from the EU’s new generation trade agreement negotiations to date. It compares these negotiations with Australia’s approach to FTA negotiations, and analyses potential stumbling blocks for an EU–Australia FTA in light of past tensions in the relationship. The article argues that shifts in both EU and Australian trade policies and positive developments in the relationship mitigate past obstacles to a negotiated agreement. However, EU– Australia relations still suffer from the tyranny of distance. The resulting deficit in foreign policy salience between the EU and Australia broadens the best alternatives to a negotiated agreement.     

‘That Moral League of Nations against the United States’: The Origins of the 1856 Declaration of Paris

The Declaration of Paris, signed by seven European powers on 16 April 1856, is almost forgotten today. Yet it marks the beginning of modern international law as we know it: multilateral treaties open for accession by all powers with the intention of creating new universal rules. Its extension of neutral rights to trade undisturbed in peace-time was a radical reversal of the centuries-old British tradition of extensive belligerent rights. But there is no convincing explanation why Britain signed this treaty and lobbied for its global acceptance. This article shows that the Declaration was a package deal in which Britain accepted broader neutral rights but gained the abolition of privateering. Privateering was no anachronism, but the linchpin of US strategy in case of a conflict with Britain. The Declaration of Paris closed most of the world's ports to privateers and thus ended the practice. The Declaration was also the first multi-lateral law-making treaty and marks the invention of the main instrument we use today to create international law.     

Ethnohistorical geography and aboriginal rights litigation in Canada: memoir of an expert witness

Since the early 1950s, evidence from ethnohistorical geography has played an important role in aboriginal rights claims and litigation in North America. I became involved in Canadian aboriginal and treaty rights litigation over 35 years ago. My participation has included several landmark cases: Regina v. Horseman (treaty rights), Delgamuukw v. Regina (Comprehensive title claim), and Regina v. Powley (Métis rights). Most of the evidence that I have presented over the years has dealt with various aspects of the changing spatial economies of First Nations and Métis communities from Ontario to British Columbia. The Hudson's Bay Company's vast archive has been the primary source for this data.     

中国古代地理学的目录学考察(一)——《汉书·艺文志》的个案分析

本文通过对《汉书·艺文志》类例和叙文的分析,并结合相关出土文献,认为《汉书·艺文志》中著录的独立地理书大致可以分为两类:(1)《地典》和《堪舆金匮》为一类。这一类著作以一定的理论学说对已有的经验地理知识加以统驭,注重的是学说或理论的演绎,是朴素的理论地理知识体系。(2)《山海经》、《国朝》、《宫宅地形》为一类。其基本的出发点是通过对各种地物和地理现象的经验性测量或记录,寻求其内部可能存在的规律性,即“自然之数”。它在某种程度上代表了以观测为基础的经验地理知识体系,注重的是实证性。