Ten years on: Obama's war on terrorism in rhetoric and practice

Ten years after the terrorist attacks on New York and Washington DC on September 11, 2001, the United States remains embroiled in a long‐term struggle with what George W. Bush termed the existential threat of international terrorism. On the campaign trail, his successor as US President, Barack Obama, promised to reboot the ‘war on terror’. He claimed that his new administration would step back from the rhetoric and much of the Bush administration policy, conducting a counterterrorism campaign that would be more morally acceptable, more focused and more effective—smarter, better, nimbler, stronger. This article demonstrates, however, that those expecting wholesale changes to US counterterrorism policy misread Obama's intentions. It argues that Obama always intended to deepen Bush's commitment to counterterrorism while at the same time ending the ‘distraction’ of the Iraq War. Rather than being trapped by Bush's institutionalized construction of a global war on terror, the continuities in counterterrorism can be explained by Obama's shared conception of the imperative of reducing the terrorist threat to the US. The article assesses whether Obama has pursued a more effective counterterrorism policy than his predecessor and explores how his rhetoric has been reconstituted as the actions of his policy have unfolded. By addressing his policies toward Afghanistan and Pakistan, Guantánamo Bay and torture, the uses of unmanned drone attacks and domestic wire‐tapping, this article argues that Obama's ‘war’ against terrorism is not only in keeping with the assumptions and priorities of the last ten years but also that it is just as problematic as that of his predecessor.     

A Two‐Tiered Method for Identifying Trends in Media Framing of Policy Issues: The Case of the War on Terror

Research on media framing of policy issues has flourished. Yet the varied approaches to conceptualizing and operationalizing issue frames that make this literature rich also hinder its advancement. Here, we document the benefits of a two‐tiered method: the first level accounts for issue‐specific frames, while the second level tracks frames that generalize across issues. For this study, we draw on generalizable frames from prospect theory (loss vs. gain frames) and social identity theory (self‐referential vs. other‐referential frames). We discuss the theoretical merits of a two‐tiered approach, arguing that it should yield compound insights greater than the sum of its parts. Applying this method to newspaper coverage of the war on terror, we find a strong trend at the generalizable level: media framing of the war shifted over time from a predominant use of “fear” (self‐referential loss) frames to an increasing use of “charity” (other‐referential gain) frames. Our approach further reveals that the fear frames used in the lead‐up to the Iraq War were not driven by issue‐specific frames related to terrorism or weapons of mass destruction as we might have thought, but rather by frames related to the anticipated threats to U.S. troops. This study sharpens our understanding of how framing of the war evolved, but more broadly it suggests that a two‐tiered approach could be applied both within and across policy issues to advance our understanding of the framing process.     

Experimental Consensus: Negotiating with the Irrigating State in the South of Laos

Abstract

It is common to view Laos as a political culture prone to “consensus”, yet it is also true that policy is constantly changing there, often radically. If everyone is always “in consensus”, what can explain this change? I suggest that the answer is found in the particular kind of consensus at play: it is informed by a wider “experimentarian” ethic evident in rural Laos, where ideas (including the latest policies) are put to the test through practical implementation. The results of these experiments are used to validate policy change and reversal. This allows rural residents a degree of manoeuvrability in their engagements with the state that is striking given the “authoritarian” status of the current regime. It can explain and is used to justify, for instance, the oft-observed gap between policy and actual practice. This room for manoeuvre comes at the price of “playing the game”, at least for a while, of the latest policy fad, sometimes with disastrous consequences for rural livelihoods. I use the example of an irrigation project that was implemented in the south of Laos from 1999–2002 to examine “experimental consensus” at work as policy was received, engaged and eventually relinquished.     

Implementation of Mao Zedong’s Yan’an “Talks” in the Subei Base Area – The Chen Dengke 陈登科 “Phenomenon”

Mao Zedong’s 1942 “Talks at the Yan’an Forum on Literature and Art” were officially established as the foundation of national policy on culture after the founding of the People’s Republic, but from the very outset they had direct implications for writers and artists in the Communist base areas of the time. As a case study of the implementation of the spirit of Mao’s “Talks” prior to 1949, this paper will discuss how illiterate peasant soldier Chen Dengke (1919–98) was educated by Party cultural cadres in the North Jiangsu (Subei) Base Area, enabling him within the space of just four years to produce a novella and a novel. In order to critically examine the auto/biographical and “slice of life” writings on which this paper relies, brief discussion will be provided of temporal considerations and genre boundaries of this class of writing in the context of the ever-changing political orthodoxy with which writers were required to comply during the Maoist period. The creation of what has been called the Chen Dengke “phenomenon” is not only a fascinating story, but also illustrates the operation of Communist Party cultural policy during the Sino-Japanese and Civil Wars.     

Examining the Impact of Turkey's Approach Vis‐à‐Vis Syria into Turkey's Iraq Policy

The tension between “international order” and justice has long been a focus of critical attention of many scholars. Today, with the rise of the humanitarian crises, the debate is once again visible, and Turkish foreign policy is one of the most important areas of observation of this tension. Indeed, the U.S.‐led invasion of Iraq in 2003 paved the way for Turkey to actively engage in regional affairs. Meanwhile, the need to bring human justice into world politics makes Turkish foreign policy decision makers operate on a much more humanitarian basis. Nevertheless, active humanitarian engagement poses an important challenge to traditional Turkish foreign policy as it is mainly based on the notion of “non‐interference,” as well as on the elementary components of international order, by raising suspicions on the intentions of the Turkish authorities. This article aims to explore the challenges Turkey has been facing since the U.S.‐led invasion of Iraq, and diagnose Turkish foreign policy vis‐à‐vis Iraq in the shadow of the Syrian civil war from Hedley Bull's framework of “order” and “justice.” It argues that Turkey's recent fluctuations in the Middle East could be linked to Turkey's failure to reconcile the requirements of “order” with those of “justice” and the Turkish governing party's (AKP) attempts to use justice as an important instrument to consolidate its power both in Turkey and in the Middle East.     

Defending Political Augustinianism: Brague and Taubes on the “Divine” as a Common Conceptual Space

Augustine holds that each society needs to be oriented to “God and the good.” He invidiously compares the earthly city as receptive to the true God with the earthly city as opposed to the true God, and he resolutely holds that only an earthly city oriented to the true God can be genuinely described as just and legitimate. At first glance this “political Augustinianism” hardly seems very attractive to non-believers or defensible in the eyes of modern secular liberals, and yet in this article I wish to defend it and commend it universally, that is, to promote its benefits and critical insights beyond religious circles. I commend an emphasis on “the divine” (to theion), rather than on God (ho theos), as a bridge to God for believers but also, and more importantly in the West's present liberal pluralist context, as a common halting place where believers and non-believers alike can sense “the beyond” (Augustine's “God and the good”) in their midst. I develop my argument that the “divine,” thus understood, can provide us with a common conceptual space where we can abide, converse, and even agree: (i) by engaging with Jacob Taubes who powerfully criticises such an emphasis on the “divine,” (ii) by considering “divine” natural law as a bridge and halting place between immanence and transcendence, and (iii) by reflecting upon the work of Rémi Brague who has recently given powerful support to the importance and utility in the present intellectual climate of the divine (to theion) as a bridge to God (ho theos).     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

Drug or medicine? China's experience of Marx's opium thesis on religion

This paper tracks the changes in the influence of Marx's celebrated opium thesis in China. Marx's view that religion is “the opium of the people” was first introduced into China through propaganda associated with the Russian revolution. It became very influential among Chinese intellectuals and dominated the religious policy of the CCP for a long period. However, as the revolutionary party became the party in power after 1949, it was obvious that the opium thesis alone would be insufficient to deal with the religious situation in a socialist country. Although the “five natures” of religion thesis was proposed to explain the persistence of religion in socialist China, the opium thesis proved more powerful politically and resulted in a general attack on religion during the Cultural Revolution. Not until the era of reform and “opening up” was the opium thesis questioned. After the release of a major document entitled “The Basic Viewpoint and Policy on the Religious Question during our Country's Socialist Period” in 1982, the opium thesis was viewed as too simplistic an instrument for understanding “the problem of religion.” Scholars have argued that religion contains important cultural elements and can make a positive contribution to a socialist society in certain respects. After lengthy discussion, a consensus was reached that Marxist views on religion should keep up with the times and that the opium thesis was no longer compatible with contemporary Chinese society. Although different voices can still be heard on the issue, religion is no longer viewed as just a “drug” but rather as a kind of “medicine.” Marx's opium thesis has been replaced in China by a new theory, one that emphasizes that religion should and can adapt to the needs of a socialist society.     

News Photographs and Environmental Agenda Setting

Who and what influences the issues that policymakers attend to is central to the question of how power is exercised in politics. This study builds upon research by Soroka that proposes an expanded model of agenda setting as a means to examine how the media influences issue salience for the public and policymakers. It expands on Soroka's model by investigating the hypothesis that photographic attention to environmental issues in the news media influences issue salience for the mass public and governmental decision makers. There is little research that substantiates the idea, but it is widely believed that photographs have influence on the policy agenda. I use a dynamic, multidirectional model to estimate whether the volume of news photographs, in addition to news stories, influences issue salience among the mass public and policymakers. Data are longitudinal and measures of attention are operationalized as the number of congressional committee meetings, concern for the environment as a “most important problem” in public opinion polls, environmental news stories in The New York Times, and environmental news photographs in Time magazine. Results suggest that photographic attention does influence environmental policy agenda dynamics in some counterintuitive ways that are distinct from the effects of the news stories. While news stories appear to increase public attention toward the environment, they have little influence on policymaker attention. News photographs, on the other hand, appear to drive congressional committee attention but elicit an ambivalent public response.     

Rousseau,Pufendorf and the eighteenth-century natural law tradition

The relationship between the political theory of Rousseau and modern natural law continues to be the subject of debate, both with regard to Rousseau's faithfulness to the idea of natural law itself and regarding the precise extent of the debt he owed to his predecessors. In this article the author re-examines this relationship by focusing attention on what has been defined as the protestant tradition of natural law. In particular she concentrates on the political and theoretical exercise that Jean Barbeyrac had sought to perform by constructing a particular version of this tradition, namely that of using the science of natural law to promote a policy of tolerance between protestants and to justify the right of citizens to resist catholic sovereigns who denied them religious freedom, as well as the right of protestant countries to come to the aid of persecuted fellow believers. The thesis asserts that Rousseau was fully aware of this exercise, just as he was aware that some of Barbeyrac's ideas had been adopted and reworked by another illustrious Genevan, Jean-Jacques Burlamaqui, a member of the Small Council, to support anti-populist and antidemocratic politics in Geneva. Viewed in this way it is possible to perceive in Rousseau's political thought not so much a “first crisis” of natural law as an intention to reformulate this science from a republican perspective in order to derive rigorous principles of political law from it. And in developing his republican political theory Rousseau took up and overturned the analysis of democratic sovereignty carried out by Pufendorf, who in opposing the “pro-monarchist” excesses of authors such as Hobbes and Horn had unhesitatingly demonstrated the complete validity of democratic sovereignty.     

Regulatory Stringency and Policy Drivers: A Reassessment of Renewable Portfolio Standards

Renewable energy policy has far‐reaching implications for national and international economic, environmental, and political sustainability, but thus far within the United States it has been almost entirely the province of state governments. This article examines the factors motivating state‐level policymakers to adopt different forms of a renewable portfolio standard (RPS), highlighting the distinction between degrees of policy stringency, ranging from entirely voluntary participation to rigorous and strictly enforced targets. In the process we introduce a new metric for assessing stringency, more precise and reliable than the various proxies used previously, and analyze its relationship to drivers of policy adoption. We find that policies of different stringencies are motivated by systematically different underlying factors. State‐level citizen political ideology is a significant predictor of RPS policy adoption, particularly for “voluntary” and “weak” policy designs. “Strong” policy designs, on the other hand, are best predicted by ideology at the government level, i.e., the degree of institutional liberalism. These findings may inform current implementation and program evaluation efforts, and potentially point the way toward more effective policy choices if and when an RPS moves forward on the national policy agenda, while the stringency metric central to this analysis can be of use to other policy scholars concerned with topics both within and beyond the realm of energy policy.     

Does Combinatorial Knowledge Lead to a Better Innovation Performance of Firms?

The knowledge base concept in the past was often applied in its “pure form”, i.e. it was assumed that there are dominant knowledge bases in particular sectors and firms shaping knowledge and innovation processes and related networks. For “analytical sectors” such as biotech, it has been argued that codified knowledge generated by universities and R&D organizations is the key for innovation, whereas “synthetic sectors” such as machinery innovate more incrementally by recombining existing knowledge often drawn from suppliers or service firms. Empirical literature has partly confirmed these patters, but also shown more complex knowledge processes. More recently it has been argued that combinations of different knowledge bases might enhance the innovation performance of firms. For example in “analytical sectors”, firms might benefit not just from new and basic knowledge generated by research, but also from recombining existing and applied knowledge or by drawing on symbolic knowledge. Combinatorial knowledge bases might also be relevant for “synthetic” and “symbolic sectors”, but in different forms. This study investigates for the ICT sector in regions of Austria if the reliance on combinatorial knowledge leads to a better innovation performance than the use of more narrow knowledge bases.     

The Supreme Court Argument that Saved the Union: Richard Henry Dana, Jr., and the Prize Cases

On January 1, 1863, Abraham Lincoln signed the Emancipation Proclamation, claiming constitutional authority to do so “as a fit and necessary war measure.” The epic struggle between North and South had been raging for nearly two years. There were over a million soldiers under arms. At Antietam there had been more than 20,000 casualties in the bloodiest single day of battle in American history. ¹ But was it, in point of law, a war?     

Global Public Policy,Transnational Policy Communities,and Their Networks

Public policy has been a prisoner of the word “state.” Yet, the state is reconfigured by globalization. Through “global public–private partnerships” and “transnational executive networks,” new forms of authority are emerging through global and regional policy processes that coexist alongside nation‐state policy processes. Accordingly, this article asks what is “global public policy”? The first part of the article identifies new public spaces where global policies occur. These spaces are multiple in character and variety and will be collectively referred to as the “global agora.” The second section adapts the conventional policy cycle heuristic by conceptually stretching it to the global and regional levels to reveal the higher degree of pluralization of actors and multiple‐authority structures than is the case at national levels. The third section asks: who is involved in the delivery of global public policy? The focus is on transnational policy communities. The global agora is a public space of policymaking and administration, although it is one where authority is more diffuse, decision making is dispersed and sovereignty muddled. Trapped by methodological nationalism and an intellectual agoraphobia of globalization, public policy scholars have yet to examine fully global policy processes and new managerial modes of transnational public administration.     

Reform and Resistance: A Consideration of Space,Scale and Strategy in Legal Challenges to Welfare Reform

This paper examines the law as a mechanism for resisting neoliberal policy change through a consideration of legal challenges to welfare reform in the United States. The Welfare Reform Act of 1996 marked a sea change in both the content and scale of the American social welfare system. It has entailed a downward shift in policy creation and administration from the national to the state and local level, and conveys a heavy emphasis on the “responsibility” of single mothers to engage in waged labor. In addition to changing the scale at which the social welfare system operates, welfare reform has changed how the more oppressive aspects of this policy might be resisted. While some legal advocates are challenging welfare reform by working within the “policy scale”, others are invoking national level protections by appealing to Civil Rights legislation. By working against the scale imposed by neoliberal social policy, Civil Rights legislation presents the possibility for advocates to “re‐scale responsibility” from that of single mothers to submit to wage labor in order to survive, to the government’s responsibility to protect its citizens against identity‐based discrimination. Herein, I argue both that the law can serve as an important mechanism for re‐focusing the scale of resistance in efforts to challenge oppressive social policy; and that even in the face of policy that imposes a local scale, the national level holds potential as an important terrain of resistance.     

Closing the Neoliberal Gap: Risk and Regulation in the Long War of Securitization

Abstract: When US military commanders refer today to the “long war”, they could more instructively refer to the “long war of securitization”, involving both practices of war and reconstruction that have always been based on a therapeutic logic of preemption and an endgame of protection from global economic risk. Since the early 1980s, the centrepiece of US foreign policy has been the securitization of the Persian Gulf region, with the newly created United States Central Command (CENTCOM) given the task of effecting a grand strategy that has subsequently been consistently based on two interrelated tactics: first, the discursive identification and positing of the Persian Gulf as a precarious yet pivotal geoeconomic space, essential to US and global economic health; and second, the enactment of a dual military–economic securitization strategy to secure, patrol and regulate designated “vital interests” in the region. With the rhetorical power of “risk management” perhaps more palpable today than ever, this paper reflects on the neoliberal discourses of “risk” and “regulation” that sustain a “long war” in which the perennial potentiality of a volatile global political economy necessitates securitization by US military force.     

American power before and after 11 September: dizzy with success?

One of the most interesting consequences of the war against international terrorism is the discovery by many analysts of American power. However, if the experts had been more attentive they might have noticed that a power shift in favour of the United States is not just some recent phenomenon arising from US victory over the Taliban or the new Bush military build-up. Rather, it can, and should be, traced back to important trends of the early 1990s. What the war has done is to reveal the extent of America's renaissance in the postwar decade while its position as true hegemon was being consolidated. However, victory in war may not bring order in peace if the United States does not draw the correct lessons.     

The predicament of pastoral sovereignty

This paper seeks to understand the conditions of possibility of “sanctuary” – the claiming of a “sacred” space of (humanitarian) exception - in the midst of civil war. Sanctuary codifies an exceptional space where sovereign and pastoral registers of power converge into a form of “pastoral sovereignty” that can temporarily “interrupt” the law of violence of sovereign power. In civil war this can enable civilians to be saved and protected from killings and suffering. However, this pastoral sovereignty is precarious as it depends on the belligerents' good will and tacit authorization: this is what we call the predicament of pastoral sovereignty. Using the case study of Church sanctuary in Sri Lanka's civil war, this paper explores how this predicament of pastoral sovereignty comes into effect in moments of acute crisis. Throughout Sri Lanka's brutal civil war, Catholic priests provided “sanctuary” to Tamil civilians in the form of territorial sanctuary (Church compounds), bodily sanctuary (the priests' bodies providing protection), and numerous other humanitarian activities. Our ethnographic material illustrates the force and fragility of the Church's claims to pastoral sovereignty and its sanctuary practices and provides detailed accounts of numerous constellations. The paper thereby raises fundamental questions about the ontology of sovereignty and its operability in moments of humanitarian crisis.     

“Genocide is Fascism in Action”: Aron Trainin and Soviet Portrayals of Genocide

ABSTRACT

This article examines the Soviet legal scholar Aron Trainin’s evolving writings on international law. Initially, Trainin formulated aspects of his concept of “crimes against peace” as a sort of Soviet alternative to Raphael Lemkin’s crimes of barbarity and vandalism. Crimes against peace both converged with the larger international movement to outlaw aggressive war, provided a Soviet alternative to proposed international crimes that they believed would threaten Soviet sovereignty, and provided a Soviet response to Lemkin’s proposals to outlaw mass killings. During World War II, Trainin articulated the Nazi extermination of the Jews as “crimes against peaceful civilians,” linking the Nazi atrocities to his concept of crimes against peace. Trainin’s concept of “crimes against peaceful civilians” encompassed the atrocities of the Holocaust while also asserting that the Soviet experience of the war – most notably Soviet sacrifice and suffering – meant that the Soviets should determine how international criminal law punished the war’s perpetrators. After World War II, when it became clear that genocide, rather than “crimes against peace” or “crimes against peaceful civilians,” was becoming the primary concept in international law to understand mass killings, Trainin portrayed the concept of genocide according to the perspective of Soviet propaganda, opposing an international criminal court for genocide, supporting the concept of cultural genocide, and portraying genocide as an inevitable outcome of capitalism. At the same time, Trainin and the Soviets never abandoned his concept of “crimes against peace,” portraying capitalism as inherently bound up with war and genocide. Trainin was the most significant genocide scholar in the Soviet Union, and his work exemplifies both the ways in which Soviet approaches to international law converged with other approaches, and the ways in which the Soviet Union diverged from non-Soviet international law.