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.     

Against War! Regional Identity Across a National Border in Late Medieval and Early Modern Scandinavia

During every war between Denmark and Sweden from at least 1505 to 1676 popular peace treaties were concluded by common men on both sides of the national border. These treaties were negotiated in contrast to the aggressive policy of the political leaders and to the nationalistic discourse of the elite. The aim of this article is to use archaeology to give an economic, social, and mental background to these treaties, and to the regional identity across the border that they presuppose. Above all a specific building tradition seems to have given the peasants a mental affinity across the border.     

The question of national identity and the institutionalisation of the visual arts in Grenada

ABSTRACT. This article argues for a close relationship between national identity and the institutionalisation of the visual arts in Grenada. Art, which is intrinsic to all humans, predates its institutionalisation: it is only institutionalised in societies with a strong sense of national identity. In order to explain the role of national identity in the formation of national art, the article begins by examining the period following World War II, when Grenada – still under British colonialism – was undergoing intense social and political changes. To understand these changes, the analysis of the stratification system is paramount. The article delineates three groups on the basis of the value systems developed historically: the elite, the masses and a small, growing middle class situated between these two groups. The works of three prominent Grenadian artists illustrate the argument that institutionalisation of art requires a strong sense of national identity, and through this process the artistic development of a society occurs. Furthermore, understanding this process requires a focus on the ways in which social and political groups or classes impeded the development of a national identity, preventing the institutionalisation of the arts.     

“Our Journey,Our Choice,Our Future”: Huu‐ay‐aht First Nations’ Self‐Government enacted through the Maa‐nulth Treaty with British Columbia and Canada

In 2011, Huu‐ay‐aht First Nations became one of five Nuu‐chah‐nulth Nations on the west coast of Vancouver Island in Canada to implement the Maa‐nulth Treaty with the Province of British Columbia and Canada. Modern treaties are dense and lengthy legal documents that exhaustively set out the obligations of each signatory party. They are heavily criticised for being unjust extensions of colonialism that limit Indigenous self‐determination and transform homelands under settler colonial property regimes. Yet, some First Nations accept these agreements as their chosen path for self‐government in state structures. We document Huu‐ay‐aht First Nations’ decision‐making that resulted when the Maa‐nulth Treaty was implemented and replaced the Indian Act by analysing the Maa‐nulth Treaty and interviews conducted with Huu‐ay‐aht First Nations leadership. We demonstrate how ?iisaak (respect) and ?uu?a?uk (taking care of) guided Huu‐ay‐aht First Nations’ self‐government, while nesting this discussion in the complexities and critiques of modern treaties.     

Aims and contradictions of cultural diversity policies in the arts: a case study of the Rich Mix Centre in East London

In recent years, the concept of diversity has become prominent in cultural policy, echoing community arts philosophies of the 1960s and 1970s that questioned the notion of universal artistic value and argued for greater recognition of the relationship between cultural identity and inequality. Cultural diversity policies today implicitly challenge the liberal‐humanist discourse of ‘the best’, and emphasise what is ‘relevant’ to particular communities. Official policy rhetoric can often hide contradictions that are only apparent in practice. How does ‘diversity’ shape the way organisations engage with audiences and does this contradict the still present discourse of ‘universalism’, with its emphasis on value judgements? This paper explores this tension through the study of Rich Mix, a multi‐functional arts centre in London's multi‐ethnic East End. It argues that Rich Mix is caught between discourses of universalism and diversity, leading to confusion over the project's rationale and ambivalence amongst artists about how their art is judged.     

Conceptualizing Greek cultural policy: the non‐democratization of public culture

This paper concentrates on several of the most significant moments of Greek cultural policy since World War II, together with its key concepts. It traces the cultural policy of the country, its main changes and its relationship with politics through a socio‐cultural analysis and a look at the political and cultural events which occurred. The concepts of national identity, hegemony, civilizing mission, democratization, and cultural democracy are applicable in this framework. Despite various attempts at reforms, the country's cultural policy could be characterized as ‘path dependent’; it connected unwaveringly to its two main objectives: heritage and the arts.     

A STRATEGIC LOGIC FOR ARTS MARKETING

Recent thinking within arts philosophy has moved further and further away from the concept of autonomous art. Nowadays art is mostly seen as an intrinsic part of everyday human life. Artistic value is conceived of more and more as something that depends largely upon experiencing the works as they are encountered within general culture. This relational perspective on art has important implications for the future development of arts marketing as a discipline. This article argues that arts marketing should primarily aim to support and reinforce the artistic functioning of artworks. It proposes that art consumers should be seen as co‐producers in the total art process and advocates that arts marketing should focus on the artistic experience as the core customer value.     

The creation of cultural policy in the media: a field research of cultural discourses in Germany

In Germany, cultural policy is formally made on the level of municipalities, the Länder (federal states) and the federal government. With approximately eight billion Euros per year, they finance a large percentage of cultural and arts activities: music, theater, dance, museums, libraries, film and the preservation of sites of historic interest. The federal government sets the legal framework in which art can be produced and distributed, and finances it indirectly through tax reductions (VAT reduction), copy right laws, and special health insurance and retirement arrangements for artists (Künstlersozialkasse). Within this institutionalized legal and governmental setting, the discursive dimension of politics is often forgotten, particularly when policy creation is being discussed. This article focuses on the discursive dimensions of politics within the field of classical and contemporary music and offers a discourse analysis of mass media coverage to investigate policy‐making.     

Footprint or fingerprint: international cultural policy as identity policy

This article focuses on government policy aimed at the presentation of the nation abroad through cultural activities and its relation to national identity, external cultural policy. The methodological framework is offered by the discourse analysis of Wodak and the notion of identity of Laclau and Mouffe, treating policy as a discourse. A closer look is taken at the concept of cultural diplomacy and the closely related term nation branding. This article will show how the shift in paradigm also changes the role of ‘the other’ in the construction of national identity and how this influences the role of the arts in international cultural policy.     

Performing the nation in anti‐colonial protest in interwar Morocco

This article applies a process approach to the study of nationalism, analysing anti‐colonial protest in interwar Morocco to address how and why elite‐constructed national identity resonates for larger audiences. Using Alexander's social performance model to study nationalist contention, it examines how a Muslim prayer ritual was re‐purposed by Moroccan nationalists to galvanise mass protest against a French divide‐and‐rule colonial policy towards Moroccan Berbers that they believed threatened Morocco's ethno‐religious national unity. By looking at how national identity was forged in the context of contentious performances and why certain religious (Islam) and ethnic (Arab) components were drawn on to define the Moroccan nation, this study offers a model for answering why national identity gets defined in specific ways and how the nation gains salience for broader publics as a category of collective identity.     

Bilateral trade agreements as drivers of national and transnational benefit from health technology policy: implications of recent US deals for Australian negotiations with China and India

This article compares controversial health technology provisions in two important United States free trade agreements with developed nations: Australia and with South Korea. It examines the multinational corporate forces behind the medicines and medical devices components of these texts and their likely impacts upon Australian trade negotiations with China and India. It also examines the implications of some recent changes to US trade policy for this area in subsequent bilateral deals such as that with Peru. This article argues it is important that the Australian government change policy and, like the present Congress in the United States, now systematically approach such impending trade agreements with a view to assisting the partners’ regulatory frameworks to maximally enhance national and transnational benefit from their medicines and biotechnology industries.     

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.     

Sub‐state nationalism and the welfare state: Québec and Canadian federalism

ABSTRACT. This article examines the relationship between sub‐state nationalism and the welfare state through the case of Québec in Canada. It argues that social policy presents mobilisation and identity‐building potential for sub‐state nationalism, and that nationalist movements affect the structure of welfare states. Nationalism and the welfare state revolve around the notion of solidarity. Because they often involve transfers of money between citizens, social programmes raise the issue of the specific community whose members should exhibit social and economic solidarity. From this perspective, nationalist movements are likely to seek the congruence between the ‘national community’ (as conceptualised by their leaders) and the ‘social community’ (the community where redistributive mechanisms should operate). Moreover, the political discourse of social policy lends itself well to national identity‐building because it is typically underpinned by collective values and principles. Finally, pressures stemming from sub‐state nationalism tend to reshape the policy agenda at both the state and the sub‐state level while favouring the asymmetrical decentralisation of the welfare state.     

On the frontlines of the law: Legal advocacy and political protest by lawyers in contested Kashmir (Respond to this article at http://www.therai.org.uk/at/debate)

This article analyzes the role of Kashmiri lawyers working in a context of conflict, militarization and political resistance in Kashmir Valley, India. It finds that the Kashmir Bar Association, operating under conditions of state control that are maintained and legitimized through the law, constitutes an authoritative normative community and powerful institutional actor, working within the parameters of the Indian legal system while simultaneously supporting and maintaining solidarity with the movement for self‐determination, and contesting the legitimacy of Indian state rule. The association's decidedly moral vision of the law offers an alternative form of legal imagination that draws on transnational normative frameworks and practices to challenge the legal provisions and legal failures that function to legitimize human‐rights violations taking place under conditions of militarization. As we show in this article, the recent crisis period in Kashmir has posed challenges to KBA lawyers, as they negotiate and assess their relationship to the state, their place in the struggle for self‐determination, and the promise and potency of law as a strategy for social change.     

Entangled temporalities: Ghana's national biometric identity registration project

Biometric identity registration technologies are spreading throughout the world. Developing countries in particular, have recently been seen to construct biometric population registers in partnership with international donor organizations. This article traces the temporal entanglements produced by transnational policy mobilities in the inception and implementation of Ghana's national biometric identity registration project. In 2008, Ghana famously introduced the first biometric banking system in Africa. Yet, the e‐zwich payment system marked only the first step towards the current ‘craze’ for biometric identity registration in the West African country. Among the numerous biometric identity documents circulating in Ghana's national and subnational institutions, the national Ghanacard is the most interesting identity registration project in the country, both in terms of its population‐wide reach and the complex constellation of institutions, actors and ideas competing within the project. With a focus on the temporalities of policymaking, the article examines the project's fundamental future orientation, the temporal context of its production with its specific possibilities of imagining and acting upon certain matters, and the rhythms and schedules of project implementation. By doing so, it draws attention to some of the ways in which competing sets of ideas shape large‐scale investments in technology and infrastructure in Africa.     

The Budapest Memorandum and Russia's intervention in Ukraine

Russia, the United Kingdom and the United States extended security assurances to Ukraine in December 1994 in an agreement that became known as the Budapest Memorandum. This agreement was part of a package of arrangements whereby Ukraine transferred the Soviet‐made nuclear weapons on its territory to Russia and acceded to the Treaty on the Non‐Proliferation of Nuclear Weapons (NPT) as a non‐nuclear weapon state (NNWS). Russia's violations of the Budapest Memorandum, notably its annexation of Crimea, could have far‐reaching implications for nuclear non‐proliferation and disarmament because of the questions that Russia's behaviour has raised about the reliability of major‐power security assurances for NNWS parties to the NPT. Doubts about the reliability of such assurances could create incentives to initiate, retain or accelerate national nuclear weapons programs. Moreover, because the Budapest Memorandum included restatements of UN Charter provisions and principles articulated in the Helsinki Final Act of the Conference on Security and Co‐operation in Europe, Russia's disregard for the Budapest Memorandum has raised fundamental questions about the future of international order. The Russians have demonstrated that, despite economic sanctions and international condemnation, they are prepared to disregard longstanding legal and political norms, including those expressed in the Budapest Memorandum, in pursuit of strategic and economic advantages and the fulfilment of national identity goals. Unless Russia reverses its dangerous course, the fate of the Budapest Memorandum may in retrospect stand out as a landmark in the breakdown of international order.     

‘An Obstacle,though not a Barrier’: the Role of International Law in Security Planning during the Pax Britannica

This article explores the role of international law in nineteenth-century British security planning, arguing that statesmen believed law could only influence state conduct rather than determine outcomes. As a result, statesmen crafted agreements to exploit the possibilities of international law while recognising its limitations. The article explores the functions of law, providing examples of how diplomats employed law to increase predictability in interstate relations, signal national interests, and strengthen mutual interests between countries. However, the role of war in the international legal system exposed flawed assumptions about the future of war, limiting the effectiveness of law.     

The birth of a united Europe: on why the EU has generated a ‘non‐emotional’ identity

ABSTRACT. In several respects, the European Union (EU) represents both a novel system of quasi‐supranational governance and a novel form of political community or polity. But it is also a relatively fragile construction: it remains a community still in the making with an incipient sense of identity, within which powerful forces are at work. This article has three main aims. Firstly, to analyse the reasons and key ideas that prompted a selected elite to construct a set of institutions and treaties destined to unite European nations in such a way that the mere idea of a ‘civil war’ among them would become impossible. Secondly, to examine the specific top‐down processes that led to the emergence of a united Europe and the subsequent emergence of the EU, thus emphasising the constant distance between the elites and the masses in the development of the European project. Finally, to explain why the EU has generated what I call a ‘non‐emotional’ identity, radically different from the emotionally charged and still prevailing national identities present in its member states.     

European private law and the challenge of plural legal subjectivities

This paper argues that the approach to questions of authority, legitimacy, and personal identity characteristic of contemporary European law presents a paradox. The power of the legal project that emerged after the French Revolution lay in its deployment of the notion of abstract legal subjectivity to challenge claimed authority. Much is made of the public law dimensions of this revolutionary moment—the creation of political constitutions establishing national citizenship and human rights standards. But the transposition of abstract legal subjectivity into the private law through national social constitutions like Civil Codes has been far less successful. Abstract legal subjectivity in public law regimes necessarily privileges some personal identities over others in its construction of citizenship. These privileged identities of public law citizenship limit how legal subjects can express their identities in the private law. The paper proposes an alternative, pluralist, theorization of the diverse, iterative character of everyday human interaction that gives content to the idea of legal subjectivity in the private law. It seeks to reconcile a public law of abstract, unitary citizenship with a private law of plural legal subjectivities in a manner that advances the project of democratic constitutionalism.