Unstable properties: British Columbia,aboriginal title,and the “new relationship”

In the span of a few years, Premier Gordon Campbell transformed himself from a strong political critic of Aboriginal peoples in British Columbia to their apparent champion within a “new relationship.” The subsequent sudden collapse of Campbell's alliance with First Nations is a window into federal‐provincial relations, constitutional change, Aboriginal political organization, and the consequences of decisions made more than a century ago. Drawing on Nietzsche, we argue that Campbell's intentions, either to control or support Aboriginal peoples, were almost irrelevant; our focus should be on the “will to power” and efforts to stabilize power through territory. As a result of the collision of Aboriginal political mobilization, the expansion of natural resource development, and a series of court decisions, the unresolved nature of Canada's territorial claim to most of the land that is now British Columbia has finally reached a point where it can no longer be ignored, either politically or legally. However, the province lacks the legal authority to recognize or deny Aboriginal title, leaving the provincial government and indigenous peoples in British Columbia equally held hostage by the federal government.     

The Misappropriation of Malaitan Labour:

During the ‘crisis years’ in Solomon Islands from 1998–2003, Guadalcanal militants and the Guadalcanal provincial government showed resentment to the ‘foreign’ Solomon Islanders, mainly Malaitans, who lived there and forcefully claimed that the indigenous people of Guadalcanal suffered economic disadvantage on their own island. Malaitan counter-justification related to the need to protect their families in Honiara and stabilise the crumbling central government. This paper looks at the historical reasons why Malaitans left their island in the first place. The answer involves complex causes going back to the 1870s. Because Malaita has always been heavily populated, it drew labour recruiters from Queensland, Fiji and within the Protectorate, but for various reasons never attracted traders or planters. Unthinkingly encouraged by the British Protectorate administration and all post-independence governments, a pattern developed of ‘Malaitan muscle for hire’. Malaitan males became primarily a labour force for development projects elsewhere, and little attempt was made to introduce similar projects on Malaita. The paper also explores issues relating to resource development in Malaita Province and concludes that the problems there are no more difficult than on other large Melanesian islands.     

Book review

The article discusses some features of the political culture of late medieval Norway by focusing on the broader strata of the people and their political influence. To what extent could these groups express their own political goals and act to achieve them? The point of departure is the 1448–50 struggle for the Norwegian throne, the claimants being the Danish‐German Kristian I and the Swedish Karl Knutsson (Bonde). The Norwegian Council of the Realm was divided into two ‘parties’, both of which recognized the importance of the common people's support and acceptance of their candidate. However, the article argues that there were interesting differences in the two parties' tactics and rhetoric towards the common people. It was no coincidence that it was the supporters of Karl who mobilized the common people in the political struggle. Several central political, social and geographical arguments made by supporters of Karl were not employed in favour of Kristian. The supporters of the latter had to base their tactics on constitutional law and tradition. Nevertheless, it was concrete, contemporary political and economic interests that motivated the representatives of the common people, when they could not have a domestic king, to want Karl rather than Kristian,. This contemporary situation overshadowed a possible underlying constitutional conservatism among the common people. The popular representatives fought for what has been called ‘The Norwegian System’ in order to defend their own interests.     

‘The Laws of his Own Country’: Defamation,Banishment and the Problem of Legal Pluralism in the 1820s Cape Colony

In 1824 the Cape colony was rocked by three criminal libel trials brought by the colonial administration against settlers who had criticised its officials. To further silence their critics, a recently established colonial newspaper was suppressed and an order banishing its editor was issued by executive decree without judicial process. While these actions are well known to historians of South Africa, the important legal and constitutional issues they raised have not been properly recognised. In tracking the controversy that these trials unleashed in London, Cape Town and other colonial localities, this article argues that these events must be situated within a broader crisis of legal pluralism playing out within the British Empire. The confusion between English and Dutch law highlighted by these cases and their aftermath reveals constitutional debates that underscore the deep contingency of conquest law at a highly unstable legal and political moment. The political disputes inspired by these actions demonstrate that conflicts between variants of European law need to be more clearly recognised as instrumental to the strengthened implementation of British imperial legal hierarchies in colonial localities through the 1820s and 1830s.     

Between modernity and primitivity: Okinawan identity in relation to Japan and the South Pacific*

ABSTRACT. This article proposes that contemporary ethnic subjectivities are shaped by modernist discourses. Ethnographic material about a group of Okinawan fishermen who worked with Solomon Islanders from 1971 to 2000 is used to explore the effect on national identities of being perceived as modern, or primitive. Okinawa is an island group to the south of Japan that became part of the Japanese Empire in the 1870s. Since then Okinawa has been defined as primitive against modern Japan. Modernist discourse was one of the range of influences on relations between Okinawan fishermen and Solomon Islanders. Symbolically violent identifications of Okinawans as more modern than Solomon Islanders stymied efforts at grassroots cosmopolitanism. Insofar as perceptions of relative levels of modernness of ethnic groups act to rank them, modernism is therefore one of the factors at stake in competition between nationalisms and friction between ethnic groups.     

Pacific view: the meaning of governance and politics in the Solomon Islands

Based on the turmoil of the ‘crisis years’ (1998–2003) and the Regional Assistance Mission to Solomon Island (RAMSI) years (2003–2007), this paper explores epistemological issues that deeply divide the way that Solomon Islanders look at prosperity and good government and the way that foreign aid donors, RAMSI and Australia see the future for Solomon Islands. State-building or re-building is not the same as nation-building based on local concepts of the good life. The stakes are high, and as the Sogavare Government (2006–2007) indicated, substantial changes are needed to RAMSI, with a clear exit strategy or amalgamation of its central features into the central government structure. Unless RAMSI can come to terms with Solomon Islands’ epistemological and related political issues, there is no future for the Mission. The paper looks first at the post-RAMSI period, before concentrating on epistemological and political differences, and uses Malaita Province as an example of local circumstances that apply in all areas of the troubled nation. The argument on the epistemology of development is drawn from the writings of David Gegeo and Karen Watson Gegeo, and my personal experience.     

自由主义与加拿大宪政改革

在19世纪上半期加拿大建立责任政府的过程中,自由主义观念起了重要的促进作用.这不仅表现在自由主义思想对加拿大殖民地人政治意识觉醒的推动上,更表现在英国社会与政坛对英帝国与移民殖民地关系认识的改变上.由于美国独立的教训,维护帝国统一和防止殖民地与母国分离,曾是英国人心中一个不解的结.因此,旧观念支配下的英国统治集团,几乎一致地拒绝了达勒姆关于授予殖民地责任政府的建议.随着英国自身现代政党制度的确立和自由贸易的实现,新的自由主义帝国观开始形成,并直接推动了加拿大的宪政改革.     

Harvest Years? Reconfigurations of Empire in Jamaica, 1756–1807

At the end of the Seven Years' War, Jamaican planters were in an extremely strong position within the British Empire. Immensely wealthy, geopolitically important and constitutionally assertive, Jamaican planters used their strong position to win a series of political battles against colonial governors in the 1750s and 1760s. In doing so, they justified their self-asserted claims to being entitled to British rights and privileges. Nevertheless, contemporaneous developments in metropolitan thinking about empire and white people's place in empire undermined planters' fond estimation of their position within empire. British thinkers came to see British West Indians, especially during and after the American Revolution, not as fellow citizens but as imperial subjects. The result was a cultural and ideological crisis for Jamaican planters as abolitionism emerged as a powerful political force, in which their insistence that they were British and entitled to the rights and privileges of Britons was not accepted. Thus, white Jamaicans became the first in a long line of settler peoples of British descent to have their claims to Britishness denied by metropolitan opinion. This article thus contributes to a developing discussion about settler constitutional rights within the eighteenth- and nineteenth-century British Empire.     

民主党派与抗日战争时期的民主宪政运动

民主党派在抗日战争时期参与的民主宪政运动极大地推进了抗日战争时期中国政治民主化进程,深刻影响了未来中国政治发展的走向。追求民主政治的强烈意愿是民主党派参与民主宪政运动的根本动因;国民党的独裁专制统治是其参与民主宪政运动的直接原因;国内外要求民主的强烈呼声是其参与民主宪政运动的外在动力;共产党的引领和帮助是其参与民主宪政运动的重要条件。民主党派经过民主宪政运动的历练,日渐成为中国政治舞台上一支不容忽视的力量;民主党派经过民主宪政运动的实践,对民主的理解更为深刻,对国民党蒋介石的本质认识得更加清楚;民主宪政运动是共产党与民主党派合作共事的成功实践,为革命胜利后中国共产党领导的多党合作和政治协商制度莫定了基础。     

Resisting RAMSI: Intervention,Identity and Symbolism in Solomon Islands

ABSTRACT The Australian‐led Regional Assistance Mission to Solomon Islands (RAMSI) continues to enjoy high levels of approval amongst Solomon Islanders. However, this approval belies the existence of a minority, but nevertheless important, dissenting perspective, one which has mostly emanated from Malaitan quarters. How are we to interpret Malaitan expressions of opposition to RAMSI? While these dissenting voices can, in part, be seen through a lens of legal and economic rationality, Malaitan opposition to RAMSI must be properly located within a deeper tradition of Malaitan resistance to the imposition of alien and centralised authority. Malaitans have responded to the RAMSI intervention by invoking kastom as a symbol of difference, unity and resistance, just as they have done in the past. It is argued that resistance to RAMSI must be (re)interpreted as having fundamentally cultural and historical underpinnings. Resisting RAMSI is as much about asserting culture and identity as it is about money and power. This argument is drawn out through an historically contextualised analysis of contemporary articulations of Malaitan resistance. The voices examined come from the public statements of prominent Malaitans, the published manifesto of the Malaita Ma'asina Forum, and interviews with former members of the Malaita Eagle Force.     

Patriotism,Self-Interest and the ‘Empire Effect’: Britishness and British Decisions to Invest in Canada, 1867–1914

This paper builds on the growing body of literature on the British World, which has shown that people in the dominions had a strong British identity and their claims to Britishness were recognised by people in the British Isles. It attempts to gauge the extent to which this British World identity influenced the global allocation of British capital. Much of the existing literature on British investment in the dominions dismisses the possibility that the pattern in Britain's capital exports was significantly affected by imperial patriotism. This article will suggest that imperial sentiment did indeed influence the destination of British capital exports. Imperialist sentiment influenced the legal and political institutions of the dominions in ways that encouraged British investment. Moreover, imperial ideology may have influenced investors' decisions in ways that the existing historiography does not adequately explore: at least some British investors may have been willing to accept a lower anticipated rate of return because they valued the psychological satisfaction of investing in territories that happened to be part of the British Empire. This article compares the experience of British investment in the United States, which has an ambiguous relationship with the British World, with that of investment in Canada with a view to understanding the impact of the British World identity on investment patterns.     

The social and economic fall of the salmon/brander clan of tahiti

Between the 1840s and 1880s, the Salmon and Brander families, of mixed British and Tahitian origins, dominated the social, commercial and, to some extent, also the political scene in Tahiti. One member married a Tahitian princess, and both families were connected through marriage and business to one another. Another member was married for a short time to the last king of Tahiti and, since she survived him for many years, was called ‘the last Queen of Tahiti’. That, for a time, also added to the prestige of what can truly be called a ‘clan’. Since each of the families had nine children, there were sufficient descendants who could have held the group together, although the progenitors died when many of their offspring were still minors. But commercial inability, distrust of one another, faulty personnel decisions and fighting for a share of the inheritance was responsible for the disappearance of the clan within a generation.     

Jewel of the Pacific and planter's paradise

A 10‐week series with 60 photographs on the Solomon Islands was not unusual in illustrated newspapers and magazines in the early 20th century, and The Queenslander was maintaining a pattern of photographic imaging of sub‐empire going back to the 1890s, concentrating on possible post‐war colonial realignments, appropriateness of British policy and the economic and political roles Australians would adopt if a formal relationship existed with the Solomon Islands. In calling for a greater presence in 1917–18, The Queenslander was supported by expansionists, missions and traders, shipping companies and readers with personal links through work, investment, friends or missions. This essay acknowledges the role of photography in Australian relations with the Pacific, its role in shaping public opinion, and the access it offers to the history of Australia's diverse regional links and particularly its thwarted claims for a closer relationship with the Solomons, depicted optimistically as a planter's paradise and a potential addition to an Australian sub‐empire.     

(RE)MAPPING INDIGENOUS ‘RACE’/PLACE IN POSTCOLONIAL PENINSULAR MALAYSIA1

ABSTRACT. This paper focuses on how indigeneity has been constructed, deployed and ruptured in postcolonial Malay(si)a. Prior to the independence of Malaya in 1957, British colonial administrators designated certain groups of inhabitants as being ‘indigenous’ to the land through European imaginings of ‘race’. The majority, politically dominant Malays were deemed the definitive peoples of this geographical territory, and the terrain was naturalized as ‘the Malay Peninsula’. Under the postcolonial government, British conceptions of the peninsula were retained; the Malays were given political power and recognition of their ‘special (indigenous) position’ in ways that Orang Asli minorities—also considered indigenous ‐ were not. This uneven recognition is evident in current postcolonial political, economic, administrative and legal arrangements for Malays and Orang Asli. In recent years, Orang Asli advocates have been articulating their struggles over land rights by drawing upon transnational discourses concerning indigenous peoples. Recent judicial decisions concerning native title for the Orang Asli potentially disrupt ethno‐nationalist assertions of the peninsula as belonging to the ‘native’ Malays. These contemporary contests in postcolonial identity formations unsettle hegemonic geopolitical ‘race’/place narratives of Peninsular Malaysia.     

‘Chatham's Ghost’ and the Enduring Spectre of Lord Bute's Secret Influence: A Political Negotiation of 1778

Hints about the rise, fall, and reformulations of ministries were common currency in 18th‐century British political rhetoric. However, in 1778, chief among such rumours were three purported negotiations between the earls of Bute and Chatham, aimed at bringing one or both of them into administration. So damaging were these rumours to the political legacies of both individuals and their families, however, that they resorted to a ‘press war’ in order to absolve their respective kinsmen of any involvement. Drawing on previously neglected sources, this work examines these negotiations of 1778 and the subsequent press war in order to highlight the longevity, potency, and significance of the myth of Lord Bute's secret influence 15 years after his resignation from high office. In doing so, this work seeks to correct the common narrative that Lord Bute ceased to be a potent political symbol for constitutional issues following the publication of Edmund Burke's Thoughts on the Cause of the Present Discontents in 1770. Far from being merely an anomalous and spontaneous revival of ill‐sentiments towards Lord Bute, this episode should be seen as a flashpoint in a process of vilification and traducement of the Scottish earl that had never, in fact, ceased and was symptomatic of the continuation of symbolic, or hieroglyphic, depictions of arguments concerning the significant constitutional issues which had been raised by Bute's political presence since the accession of George III.     

Royal Agency and State Integration: Ireland,Wales and Scotland in a Monarchical Context, 1840s–1921

This article assesses the utility of the British monarchy as a hegemonic institution consolidating the British state from the mid- nineteenth to the early twentieth centuries. It does so by examining its relationship with the ‘Celtic’ regions—Ireland, Wales and Scotland. It was a relationship that fluctuated over this period. While a close personal as well as constitutional relationship existed between the monarchy and Scotland during the reign of Queen Victoria, as against her more distant—even antagonistic at times—relationship with Ireland and Wales, the personal dimension to monarchical allegiance underwent significant change under Edward VII and George V, with Ireland and, to a lesser extent, Wales, a closer focus of royal attention as these regions apparently posed serious threats to state stability in the early twentieth century. The article demonstrates how the monarchy's relationship with the ‘Celtic’ regions was shaped by a variety of interacting factors—historical, socio-economic, constitutional, political and personal—that illustrated its strengths and weaknesses. Thus a combination of reform and royal conciliation could function to unite Ireland with Scotland and Wales in defence of King and country in 1914, while the troubled post-1916 period posed problems royal influence had greater difficulty addressing. Nevertheless, the monarchy was a central institution in the constitutional settlement of 1921, which served to maintain, if in changed circumstances, its relationship with the three ‘Celtic’ regions.     

The Competition Criterion in British Merger Control Policy

The 1984 Tebbit Doctrine formalized competition as the watchword in British merger control, a highly discretionary system that encourages negotiation between firms and the government. The government has rarely invoked the full extent of its review powers over corporate mergers, even after the 1989 European Merger Control Regulation ceded some authority to Brussels. Is competition really a criterion influencing British merger control, or do institutional and personal biases direct the decision? This article reviews the rationale for merger control, outlines the structure of the British system, and analyzes merger activity and regulators' decisions from 1984–2000.     

Brown Britain: post‐colonial politics and grand strategy

How do we approach the subject of British grand strategy today? This article seeks a new approach to this question. It argues that there is a gap of grand strategic significance between actually‐existing Britain and the Britain its political elites tend to imagine. The colonial and imperial histories that helped constitute and still shape the contemporary United Kingdom have fallen through this gap. One consequence is a grand strategic vision limited to a choice of partner in decline—Europe or the US. Overlooked are the power political potentialities of post‐colonial generations situated in multiple sites at home and abroad. In search of this potential, we lay the conceptual basis for a strategic project in which the British ‘island subject’ is replaced by a globally networked community of fate: ‘Brown Britain’. This entails reimagining the referent object of British strategy through diaspora economies, diverse histories and pluralized systems of agency. What might such a post‐colonial strategy entail for British policy? We offer initial thoughts and reflect on the often occluded social and political theoretic content of strategic thought.     

The President and the Public: Inaugural Addresses in American History

This article examines presidential inaugural addresses to gain a perspective on the changing relationship between the people and the presidency throughout American political history. The analysis suggests three distinct models of inaugural address—constitutional, party, and plebiscitary—each articulating a different understanding of presidential leadership and the relationship between the presidency and the people. The constitutional presidents see themselves largely as restrained, constitutional officers with a minimal relationship to the people. The party model yields a role for the president which is more tied to the people's will, especially as expressed through party. Even though tied more strongly to the public, party presidents recognize constitutional limits on their roles and powers. Plebiscitary presidents often eschew party affiliation and the guise of constrained constitutional officer, and cast themselves as engines of the American political system fully tied to public opinion. Plebiscitary presidents often make few references to other political actors or to the Constitution. Beyond helping us to better understand the contours of American political development, this analysis challenges the prevalent assumption in studies of the presidency that nineteenth-century presidents were not popular or “public” leaders.     

The Rule of Empires: Those Who Built Them,Those Who Endured Them,and Why They Always Fail

The provision for Malay special privileges in the federal constitution raised considerable debate among the framers and the political community in Malaya (now Malaysia) during the drafting of the constitution in 1956–57. Article 153, which provides certain preferences to Malays in the award of business licences, scholarships and employment in the public service, was an unusual provision as it conflicted with the principle of equality enshrined in the constitution. Yet, there was general acknowledgment among the political organisations that the Malays badly needed assistance to address their economic backwardness. The dilemma the framers faced was in reconciling how these safeguards could be framed without negating the principle of equality in Article 8 and the constitutional rights of the non-Malays. Article 153 has been a source of much debate over the last 50?years. Earlier studies have not been able to examine the classified primary constitutional documents to ascertain fully the intentions of the framers. This article, drawing mainly from declassified primary constitutional documents and Alliance Party papers, analyses the evolution of the article through the various drafting stages. It shows that Article 153 was intended by the framers, particularly the Alliance Party, as a temporary and transitional provision with an unwritten understanding that there would be a review of the special privileges after independence and their discontinuance after a certain number of years.