Botswana: abortion "debate" dynamics

The Penal Code (Amendment) Bill or the abortion bill has the objective of liberalizing the current law on the regulation of abortion. Abortion had been strictly prohibited and carried stiff penalties. Anyone who attempted to assists a woman to procure an abortion could be liable to 7 years' imprisonment. However, medical abortions were distinguished as being medically determined to save the health of the mother. Demands for a reevaluation of the law came from the medical profession, and in response the Minister for Presidential Affairs submitted a bill to Parliament in November, 1990. The expressed government rationale for these proposed amendments was concern about the health of women. In Botswana about 200 women die yearly because of pregnancy. According to the proposed law: an abortion could be carried out within the first 16 weeks of pregnancy if: 1) the pregnancy were a result of rape, incest, or defilement (the impregnation of a girl aged 16 or less, the impregnation of imbeciles or idiots), 2) the physical or mental health of the woman were at risk because of the pregnancy, 3) the child would be born with a serious physical or mental abnormality. The abortion could be carried out only if 2 medical doctors approved it. The amendments fall far short of increasing women's control over their bodies. The Botswana Christian Council issued a statement early in the public debate. While it did not oppose the bill in its entirety, clear concern was expressed concerning the apparent right of determining who lives and who dies depending on the handicap of the child. This rather liberal position was challenged by the Roman Catholic Church which interpreted abortion as the murder of God-given life. The bill was nevertheless passed by Parliament in September 1991, and the President signed it on October 11, 1991.     

Dreams of the old country: A room of one's own

This article reports the findings of a study concerning the politicization of abortion in Finland in the first half of the 20th century. The focus is on discussions and debates in the legal and medical professions, 1900?1950, showing the historical transformation of abortion from a criminal act to a medical issue, legalized by the 1950 abortion law. The argument throughout is that the strongest motivation for legalization of abortion in Finland was the perceived negative effect of criminal abortions on the population growth. The article also shows that the abortion debate was linked to the formation of a maternity care system and the development of the medical promotion of birth control. Thus the context for the line of argumentation is the formation of the Finnish welfare state and the medicalization of maternity.     

"An object of vulgar curiosity": legitimizing medical hypnosis in Imperial Germany

During the late nineteenth and early twentieth centuries, German medical hypnotists sought to gain a therapeutic and epistemological monopoly over hypnosis. In order to do this, however, these physicians were required to engage in a complex multi-dimensional form of boundary-work, which was intended on the one hand to convince the medical community of the legitimacy and efficacy of hypnosis and on the other to demarcate their use of suggestion from that of stage hypnotists, magnetic healers, and occultists. While the epistemological, professional, and legal boundaries that medical hypnotists erected helped both exclude lay practitioners from this field and sanitize the medical use of hypnosis, the esoteric interests, and sensational public experiments of some of these researchers, which mimicked the theatricality and occult interests of their lay competitors, blurred the distinctions that these professionals were attempting to draw between their "legitimate" medical use of hypnosis and the "illegitimate" lay and occult use of it.     

Australian and People's Republic of China government conceptions of the international order

Through qualitative comparative analysis of policy documents and official statements over the last 10 years (2008–2018), this paper examines Australian and PRC government conceptions of the international order and the associated policy implications. Their understandings of the international order are informed by their self-defined national role conceptions and perceptions of other states, and are manifested in discussions of institutional reform, international law and human rights. Australia's self-conception as a middle power informs its emphasis on maintenance and US leadership of the existing order, while the PRC's self-conceptions as both a developing and established power enable it to frame itself as either an upholder or reformer of the order. Both governments highlight the ‘rules-based’ mechanisms of the WTO, and are more likely to agree on trade and economic issues than on other matters. Their responses to the 2016 South China Sea arbitration tribunal decision and discussions of the role of human rights in the international order suggest less agreement is likely on international law and human rights norms. While Australia considers the PRC a potential challenger to the existing order, Australia does not feature in PRC discussions of international order, suggesting its limited ability to affect PRC foreign policy decisions.     

‘A Hazardous Task’: Britain and the 1961 Vienna Convention on Diplomatic Relations

In 2014, the Vienna Convention on Diplomatic Relations celebrated its fiftieth anniversary since its coming into force in 1964. Setting out the privileges and immunities accorded to diplomats and diplomatic missions, the negotiations of this convention were part of the United Nations' plan to strengthen the international rule of law. This article analyses the role of Britain, one of the major actors in the negotiation process. It explores how Britain's negotiation position was shaped by diplomatic realities of the 1950s, and the strategies used to ensure Britain's interests being reflected in the final convention. The focus will be on the overall political pressure that underlined Britain's negotiation position, in order to reveal the general UK position on the codification of diplomatic privileges and immunities. Despite the remarkably friendly atmosphere at the 1961 Vienna conference, Britain could not press through all its amendments which, through the concluding legislation process, protracted Britain's ratification process. The article shows while London was supporting the codification of international law, codification by convention was not its ultimate choice. Therefore, the subsequent legislation process was marked by an inter-departmental dispute between the Foreign Office and Treasury, inter alia, on the exemption of Scotch whisky from excise duties.     

Australia,US torture and the power of international law

ABSTRACT

Australia cooperated extensively with the George W. Bush administration during the ‘war on terror.’ However, in doing so, Australia failed to condemn, and in some instances, condoned US torture and detention programs. Does Australia’s conduct demonstrate a failure of international law and human rights to constrain Australia’s actions? Although the Howard government was heavily criticised for failing to uphold human rights in the fight against terrorism, international law was not forgotten. This article argues that international law shaped Australia’s cooperation with the US. Australia strategically used international laws to legitimise its cooperation with the US in the face of evidence of US torture. International law was not dismissed to pursue national security interests but used to legitimise Australia’s security policies.     

Special relationships in flux: Brexit and the future of the US–EU and US–UK relationships

A British exit from the EU would add to growing strains on the United States’ relations with Britain and the rest of Europe, but by itself would not lead to a breakdown in transatlantic relations due to the scale of shared ideas and interests, institutional links, international pressures and commitments by individual leaders. It would, however, add to pressures on the US that could change the direction of the transatlantic relationship. From the perspective of Washington, Britain risks becoming an awkward inbetweener, beholden more than ever before to a wider transatlantic relationship where the US and EU are navigating the challenges of an emerging multipolar world. The article outlines developments in the UK, EU, Europe and the US in order to explain what Brexit could mean for the United States’ approaches to transatlantic relations. By doing so the article moves beyond a narrow view of Brexit and transatlantic relations that focuses on the future of UK–US relations. In the conclusion we map out several ways in which US views of the transatlantic relationship could be changed.     

Sexual citizenship in ‘the New Tasmania’

The state of Tasmania, the smallest in the Commonwealth of Australia, has recently reformed its law relating to relationships by amending over 100 pieces of legislation to include a range of relationships, including lesbian and gay partnerships, among those given recognition and legal entitlement. This government-sponsored legislation is represented as central to the program of economic revival, social reform and branding described as ‘the New Tasmania’. This article locates the relationship reform in this discourse of Tasmania's newness and in the context of neo-liberal approaches to globalisation. It argues that sexual citizenship takes a multitude of forms and its value, like the value of relationship reform legislation, cannot be easily determined. Indeed, it asks whether sexual citizenship as a form of belonging can ever be disentangled from the various contexts where it is performed. It concludes by privileging the desires and performances of sexual citizenship over the constitution of sexual citizenship in rights or recognition.     

The crime of choice: abortion border crossings from Chile to Peru

Since 1989 abortion in Chile has been illegal in every single circumstance. This means that tens of thousands of women every year undergo clandestine abortions at great risk to their health. Class directly influences Chilean women’s relationships to abortion; wealthier women can pay for the confidentiality of a safe doctor whereas poorer women cannot. There is just one region where women regardless of class can easily travel to another country in search of abortions, Arica in northern Chile. This article considers the previously unstudied phenomenon whereby women cross the border quickly and cheaply from northern Chile to the Peruvian city of Tacna where numerous clinics offer the procedure. This article utilises Foucault’s concept of biopolitics to trace how women are forced to cross a border to avoid government legislation and finds that even by leaving the territory of the state, women do not fully leave state control. Despite the lack of official statistics, interviews with healthworkers and a young woman who made the crossing show that abortion border crossings do occur and this article reflects on the legal, safety, and biopolitical ramifications of these journeys for Chilean women.     

Public Opinion and Policymaking in the States: The Case of Post-Roe Abortion Policy

Whether public opinion should be expected to play a role in the shaping of abortion legislation in the states is a debatable question. Representation is a difficult task, especially if legislators receive mixed cues from the public, activists, and the political parties. In this study, we find that grass-roots activism and public opinion tend to match, and both are reflected in state abortion policy. In addition, more Pro-Life policies are found in states with a tradition of conservative policies in other areas, Republican majorities in the state legislature, more Catholic residents, and fewer women legislators. These patterns hold true for a composite index of abortion policies and for the specific policy area of government funding of abortions. Slightly different patterns occur for parental consent laws, though these statutes also tend to reflect general preferences on abortion and interest group activity in a state.     

'The Body Evidencing the Crime': Rape on Trial in Colonial India, 1860–1947

The history of rape on trial in colonial India sheds new light on the colonial civilising mission and the claims made by white men about saving brown women from brown men. Through an analysis of almost a century of case law, this article concludes that the modernisation of law and the development of a new medico-legal understanding of rape introduced evidentiary standards that placed a heavy burden on Indian women seeking judicial remedy in colonial courts. The fear imported from Britain of false charges combined with colonial views about Indian culture to make native female complainants doubly dubious. The colonial jurisprudence has survived to devastating effect in postcolonial India and Pakistan in ways that are explored and explained by the author.     

The survival of the pro-choice movement

In the US, the pro-choice movement has not only survived but grown stronger in the 25 years since the legalization of abortion provided its greatest victory. This longevity is explained through an examination of the internal organizational changes which have taken place in the movement as well as the external changes which have taken place in the political environment surrounding the movement. After providing a theoretical basis for this investigation, the history of the pro-choice movement in the US is traced in light of these elements. In the pre-1973 era, the movement lacked formal organization but was bolstered by external political factors provided by the protest cycle of the 1960s. During 1973-76, the actions of anti-abortion groups forced pro-choice groups to develop the more formalized organizational structures which helped the pro-choice movement survive its initial success and the decline of the era of protests. In the period 1976-83, the anti-abortion movement achieved passage of the Hyde Amendment banning federal funding of abortions. This victory by the opposition led to an expansion in the pro-choice movement which included the formation of many local reproductive rights organizations. Many of these organizations failed to create formalized structures and, therefore, failed to maintain their impetus to survive. However, NARAL (the National Association for Repeal of Abortion Laws) had adopted a more formalized structure and professional leadership following the Hyde legislation and developed strong, formal connections with its state affiliates while continuing to strengthen grassroots actions. The visible threats to abortion laws mounted by the anti-abortion groups added to NARAL's strength. During 1983-89, the pro-choice movement gained some key victories which threatened its survival. Continued activity on the part of the anti-abortion groups (such as release of the movie "The Silent Scream") generated enough pro-choice support, however, to weather this period. The activities of Operation Rescue also stimulated pro-choice reactions. In the period 1989-92, the Supreme Court gave pro-choice groups a victory in its Webster vs. Reproductive Health decision. Thus, NARAL's membership grew to an unprecedented 400,000 in 1990 and allowed the group to pump money into local grassroots activities. By the time the Court issued its Casey decision in 1992, neither group was willing to claim victory, although the ruling was a great victory for pro-choice forces because although the Court allowed states to impose new restrictions to abortion, it refused to overturn Roe vs. Wade. 1992 also saw the election of a pro-choice President who was able to appoint a pro-choice Justice to the Supreme Court in 1993. The ability of the pro-choice movement to survive victory (the creation of a favorable political opportunity structure) will be decided by the critical battles surrounding attempts to limit access to abortion providers as well as the accessibility of drug-induced abortion. State legislatures will remain major battlefields because of the Court-allowed restrictions. The pro-choice movement will also have to resolve conflicts over strategy such as whether to appeal to mainstream Americans or use the favorable climate to push for rights. The pro-choice movement will likely survive because the anti-abortion groups continue to pose threats and because formal organizations with professional leadership will keep the issues before the membership.     

The practical application of counter‐terrorism legislation in England and Wales: a prosecutor's perspective

This article gives a prosecutor's perspective on the practical application of UK terrorism legislation. It gives an overview of the working relationship between the Counter Terrorism Division's specialist prosecutors, police officers and the intelligence services, in order to outline some of the challenges in investigating and prosecuting terrorism cases, and to inform on prosecutorial decision‐making. It summarizes the main additions and changes to the criminal terrorism legislation over the last decade and gives examples of how some of the key powers and offences have been approached and used by prosecutors. The article deliberately concentrates on the criminal aspects of terrorism legislation and the importance of using due process to prosecute alleged terrorists fairly and proportionately. It describes how prosecutors use a mixture of the ordinary criminal and specialist terrorism laws depending on what is deemed appropriate in any given case. It is not intended to be a critique of the legislation itself or an analysis of what may or may not need to be changed. That is a matter for Parliament; the prosecutor's role is to apply the law not to make it. The article concludes that the criminal justice system is the correct place for terrorism prosecutions to take place and that the UK can continue to retain due process and respect for human rights while seeking properly to protect national security.     

Universal Access for Universal Value: Creating Disabled Access at Heritage Sites for those with Mobility Impairments

Abstract

In today's society it is recognized that all people, regardless of disability, should be welcomed at heritage sites. As mobility impairments are one of the most common types of disability faced by visitors to heritage sites, this study will look at how the changing views on disability discrimination have affected heritage sites by reviewing current legislation and comparing it with visits to heritage sites in the UK and the US. For this purpose, site visits looking at adaptations for mobility impairments were carried out at fifteen sites in the UK and six sites in the US. There are additionally three case studies: a comparison between a UK and a US early nineteenth-century naval vessel, a site with traditional adaptation methods, and one that has creatively designed access. Overall, both the UK and the US have adopted similar methods for creating disabled access. Yet, the research shows that although many sites have designed some type of access, there is no conformity as to how this access is achieved. In addition, many sites use the loopholes in legislation to ensure that little is changed in the physical material. In the end, it is evident that more must be done to find a compromise between accessibility and preservation.     

Mapping the potential impact of synthetic biology on Australian foreign policy

Synthetic biology is an emerging technology that will impact on the future security and prosperity of Australia. As a discrete policy area synthetic biology has not been explored in relation to Australian foreign policy. To begin this process an understanding of Australia’s genetic endowment, Australia’s agricultural endowment and those security concerns novel to synthetic biology need to be developed. The convergence of the biological sciences and the information sciences is creating novel security concerns that impact on Australian sovereignty, both mainland and the Antarctic Territories, plant and animal health, and defence medical infrastructure. These concerns cross many traditional disciplinary and policy boundaries, an awareness of this is required and a nascent national practitioner community can develop this further. Drawing from work conducted by the US and UK synthetic biology practitioner communities, this article lays out the unique touch points synthetic biology has on Australian foreign policy.     

Assessing Australia’s options in the context of Brexit: engaging with the UK and the European Union

ABSTRACT

The Brexit vote will fundamentally transform the European Union (EU) and will change how the UK relates to Europe and the rest of the world. What are the implications for Australia at this critical juncture? The UK has been a major player in the Australia–EU relationship, and Australia will now need to recalibrate its approach to both the UK and the EU across a range of policy areas. This article examines the future of Australia–UK and Australia–EU relations in the wake of Brexit, and assesses Australia’s options going forward. The authors advance three considerations. Firstly, Australia’s national interests are best served by adopting a pragmatic rather than nostalgic approach towards future relations with the UK and the EU. Secondly, Australia should avoid pursuing one relationship at the expense of the other and creating a zero-sum dynamic. Finally, Australia’s future strategy must consider broader global developments, such as events within its own region and the US presidency.     

Brexit,Ireland and the World Trade Organization: possible policy options for a future UK–Australia agri-food trade agreement

Prior to the UK’s accession to the then European Economic Community in 1973, Australia was a significant supplier of Britain’s food. Membership of the European Union (EU) resulted in trade diversion, closing the British market to Australian sugar, for example. This article questions whether the UK’s exit from the EU (‘Brexit’) might usher in a new agri-food trade regime, restoring Australian farmers’ access to the British market, or whether other opposing political economy considerations might prevail. Would the UK unilaterally adopt free trade? Can a comprehensive free trade area agreement between Australia and the UK, including agri-food products, be negotiated? Any new relationship will need to reflect the UK government’s stated preference for a frictionless border with EU 27 (particularly on the island of Ireland), the World Trade Organization’s rule book, and the interests of the UK’s farm lobbies, as well as the UK’s quest for ‘free trade’ with the wider international community.     

关于1940年美英“驱逐舰换基地”协定的历史考察

1940年 9月美国和英国签订的“驱逐舰换基地”的秘密协定 ,是第二次世界大战爆发后美国尚处在战争之外的情况下 ,两国间达成的第一个重要双边军事协定。经过近 4个月的谈判 ,英国获得了迫切需要的驱逐舰 5 0艘 ,美国以此换取了租借英国在西大西洋和加勒比海上的 8个海空军基地 99年的权利 ,以及英国政府的重要保证 :英国一旦战败 ,皇家海军决不投降也不会被凿沉 ,而是开到海外继续保卫帝国     

Mourned Choices and Grievable Lives: The Anti‐Abortion Movement's Influence in Defining the Abortion Experience in Australia Since the 1960s

This article provides a genealogy of foetocentric grief, an emotion that permeates accounts of abortion in Australia across multiple discursive sites. Foetocentric grief represents women as indelibly mourning their ‘unborn children’ after abortion. The emotion first came to prominence in anti‐abortion activism of the mid‐1980s. Focus on the purported consequences of abortion for women enabled anti‐abortionists to respond to charges that they were unsympathetic towards women who have abortions. Foetocentric grief also transcribes the primary claim of the anti‐abortion movement – that abortion entails a mother's destruction of her unborn child – onto the very experience of abortion. Since the mid‐1980s, foetocentric grief has moved outside the anti‐abortion movement to dominate accounts of the abortion experience in the print media as well as, surprisingly, mainstream pro‐choice activism. This article maps the convergence of these trends and examines the political and regulatory effects of foetocentric grief. It argues that foetocentric grief is a culturally enforced emotion that discursively recuperates the figure of the aborting woman to normative regimes of pregnancy and femininity, where pregnant women are envisaged as already mothers to autonomous foetal‐subjects.     

Choosing between America and Europe: a new context for British foreign policy

Power in Britain has changed hands from a prime minister who sought to balance intense UK‐US consultation on foreign policy with the ambition to be ‘at the heart of Europe’ to one whose approach towards both the United States and the European Union has yet to be tested. It is an appropriate moment, there fore, to assess how these two contextual poles of British foreign policy‐making have changed over recent years and what this might mean for UK foreign policy choices. The premise of this article is that the days are now largely over when the UK can or should start out by trying to build an Anglo‐US position on a foreign policy challenge before trying to tie in the European and transatlantic positions. The UK is now a central player in the development of increasingly activist European foreign policies, whether these can later be coordinated effectively with the United States or not. A strong, bilateral relationship continues to serve the interests of both sides on multiple levels, but this relationship does not sit upon the same foundations as during the Cold War. There are now significant underlying factors, especially since the terrorist attacks of September 11 2001 in the US and July 7 2005 in the UK, that pull the US away from Europe and the UK, while pushing the UK towards Europe as the first port of call in developing foreign policy strategies. It is also notable that, today, UK positions on most global issues and foreign policy challenges tend to conform more closely to the dominant EU line than to the United States. On balance, the UK might think about European integration more from a US than from a European perspective, but it now thinks about global problems more from a European than from a US or transatlantic perspective.