Human rights,domestic politics,and informal agreements: parliamentary challenges to international cooperation on migration management

ABSTRACT

Developed and developing countries are increasingly cooperating on migration management, and human rights NGOs have harshly criticised these instruments for cooperation. This article asks how and to what extent parliaments are challenging policies for international cooperation on migration management. On the one hand parliaments have traditionally been described as ‘moral tribunes’ in international relations, due to their principled support for human rights. On the other hand, parliaments are increasingly operating in political systems marked by anti-immigrant sentiment and increased support for right-wing populist parties. How do parliaments navigate between these two poles when it comes to international cooperation on migration management? Based on examples from Australia, the EU and Israel, this article shows that the use of non-legally binding instruments for cooperation limits the formal role of parliaments, but also and more importantly that there is a lack of political will to scrutinise these instruments and hold executives to account (notwithstanding attempts by some members of parliament or some political groupings to challenge policies through informal means). The lack of political contestation implies that, as far as migration management is concerned, ‘politics stop at the water's edge’.     

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.     

Why US-Sino strategic competition is good for Australia

ABSTRACT

Faced with an increasingly authoritarian and assertive China, the United States (US) under President Trump administration’s has embarked on a course toward a more openly competitive US–China relationship. However, the debate in Australia has viewed the new era of US-Sino strategic competition mostly negatively. Indeed, arguments have been made for a need to ‘radically’ rethink Australia’s defence policy in order to prepare for a ‘post-US-led’ regional order. For some analysts, Canberra has even no other choice than to adopt a strategy of ‘armed neutrality’ to deal with an emerging China-dominated regional order and a declining US, confused and unwilling to defend its allies. In contrast, this article argues that on balance Trump’s course correction on China is positive for Australia as the US is likely to maintain its robust engagement in the Indo-Pacific. While the president’s inconsistencies partly undermine US declaratory statements in regards to greater competition with China, a bipartisan consensus is likely to continue to shift US policy in this direction. While greater US-Sino competition requires Australia to assume greater responsibilities for regional security, radical changes to its defence policy and security alignment are not needed.     

US-Australia-Indonesia Trilateral Security? Conditions for Cooperation

Since the 1950s, US strategic architecture in the Indo-Pacific has been premised on its hubs-and-spokes model of bilateral alliances and security partnerships. Since the 2000s the US began working toward forging deeper interrelationships between its regional allies and partners. The emerging strategy ultimately aims to interlink long-standing allies like Japan and Australia, and also non-traditional partners in the development of a security network capable of maintaining the regional ‘rules-based order.’ In analysing the US-led triangular Indo-Pacific geometry, this article considers the prospects of an evolving and substantive US–Australia–Indonesia security trilateral. It does so by utilising Miller’s ‘conditions for cooperation framework’ to test the likelihood of greater cooperation between these three states. These conditions include cultural similarity, economic equality, habits of international association, the perception of common danger, and greater power pressure. It concludes that while there remain strict limitations on any formal alignment between the ANZUS partners and Indonesia, there are convergent interests in key sub-strategic areas in the maritime space and thus a viable path toward greater trilateral cooperation but not, as yet, formal arrangements.     

Institutions,informality, and influence: explaining nuclear cooperation in the Australia-US alliance

ABSTRACT

Nuclear cooperation has been a consistent feature of the Australia-US alliance. In the 1950s and 1960s, Canberra explored transferring US nuclear weapons to Australian forces operating in Southeast Asia. Since the 1960s, Australian governments have supported hosting joint facilities that contribute to America’s ability to execute global nuclear operations. And Australia has regularly invoked the nuclear umbrella as part of the alliance. We explain the key sources of nuclear cooperation in the alliance by leveraging realist and institutionalist theories of alliance cooperation. While realism explains limits to US nuclear commitments in the 1950s, institutional explanations are more relevant in pinpointing the sources of nuclear cooperation and in explaining why Australia has often achieved its policy preferences as the junior partner.     

Americanised,Decolonised, Globalised and Federalised

ABSTRACT

The Commonwealth of the Northern Mariana Islands, the newest member of the US polity, has experienced an exhilarating and traumatic ‘coming of age’ as it seeks to define its place in the evolving Asian-Pacific community and regional economic and security regimes. Its ‘free market philosophy’ commercial expansion in the last quarter of the 20th century, driven by US federal funding, East Asian tourism and garment manufacturing, was hailed as an economic miracle, but relied heavily on a foreign worker programme that came under intense criticism from US unions, human rights advocates and US Democratic Party leaders. Following a prolonged economic depression due to world trade liberalisation, Japan's tourism realignment and US imposition of minimum wage and immigration laws, CNMI leaders struggle to recompute the islands’ comparative advantages and find a strategy for renewed commercial growth and economic security. However, the exodus of foreign workers and rising labour costs continue to challenge the CNMI's recovery efforts.     

The history of Australian legal opposition to Japanese Antarctic whaling

ABSTRACT

Whaling has been a consistent theme in Australia’s relations with Japan since the 1930s, Australia having endeavoured to regulate, restrict, or bring to a complete halt Japan’s Antarctic whaling virtually since it began. Australia’s motivations have been mixed, involving at various points, some combination of protection of Australia’s coastal whaling industry, concern for Australia’s security, for safeguarding Australia’s Antarctic territorial claim, and more recently, concern for Australia’s whale-watching industry and/or for the whales. Since environmental consciousness became a primary factor in the 1970s, Australian policy has been aligned with that of anti-whaling non-governmental organizations (NGOs), albeit that certain actions of NGOs have caused difficulties for the Australian Government. Law – inclusive of legal argument in the course of diplomacy, domestic laws, and international litigation – has been a mechanism of influence used by the Australian Government and NGOs. This paper traces Australia’s legal opposition from its beginnings until Japan’s announcement in December 2018 that it would end Antarctic whaling.     

Troubling Confessions: Roman Catholicism and ‘The Homosexual Question’

Abstract

Current scholarship on human rights and torture largely ignores places and scenes where extra-judicial violence is routinely practiced. That is, framed within a secular discourse, the agency of religious bodies in the systemic infringement of ‘rights’ is never considered. This paper explores one question with two parts: What are the conditions in church governance (Christian) in which systematic violation of human ‘rights’ is the norm, and in which the production of behaviors very much like torture is made possible, even necessary? Why do such behaviors go unnoticed, or, when they are observed, are they discounted? Using the crisis of homosexual presence within contemporary Roman Catholicism I shall argue that pressure for ‘confessional’ purity produces behaviors and activities within lines of authority that mimic torture. The essay examines documented policies, ecclesiastical directives and procedures concerning the management and treatment of persons (mostly homosexuals and women) during the second half of the papacy of John Paul II (1986-2001).     

Travelling responsibly,but further to go: Australia’s new consular diplomacy

ABSTRACT

This article considers the transformations taking place in the consular landscape and the resulting pressures on departments of foreign affairs both in Australia and elsewhere. For Australia, the challenges are particularly compelling. As the Lowy Institute has observed in successive reports, Australia’s anaemic overseas representation renders the growing consular load an even more formidable problem. When crises strike, resources are diverted both within government and within the Department of Foreign Affairs and Trade, skewing other priorities. The second part of the article analyses government responses to these challenges. It examines the new focus on consular diplomacy and the government’s first formal consular strategy. It assesses the recent modest expansion of Australia’s overseas diplomatic network, together with the steps taken to enhance international cooperation on consular issues. The article concludes that while the problems facing Australia’s consular service remain pressing, some progress has been made.     

Australia and the promise and the perils of humanitarian diplomacy

ABSTRACT

Humanitarian diplomacy has always been a crucial element of humanitarianism, however it is now becoming a more prominent element of states’ foreign policies. It holds many attractions and much promise. It provides states with a way of expressing important qualities of international empathy and solidarity and can also enhance a state’s international reputation and provide valuable means for building relationship of trust and cooperation. This can in turn can be conducive to a state’s broader foreign policy objectives. However, there are also perils to the incorporation of humanitarian diplomacy into a state’s foreign policy. It can generate ambiguity and even conflict within a state’s diplomatic endeavours due to tensions between humanitarian and broader national interests. In exploring these issues it is useful to distinguish between humanitarian diplomacy and humanitarianism as diplomacy. This article explores these issues in relations to Australia’s diplomacy. It argues that Australia has actively engaged in humanitarian diplomacy and humanitarianism as diplomacy. Whilst the two are often complementary, there are areas in which they have been in tension and even at odds. This has implications for Australia’s international reputation but also for its capacity to undertake genuine and effective humanitarian action.     

South Korea’s North Korean Image Problem: Human Rights under the Spotlight

ABSTRACT

The 2014 United Nations Commission of Inquiry on Human Rights in North Korea (UN COI) had a decisive impact on South Korea’s approach to North Korea’s human rights abuses in the several years following its release. This article interprets moves within South Korea to support the UN COI’s recommendations as taken in the interests of ontological security, or a stable sense of identity, which has also driven the state’s broader initiatives on image management and nation branding. It extends the boundaries of nation-branding research by considering why and how a state may adopt policies that enhance its moral visibility and reputation in world affairs. It considers how a positive reputation is enhanced by demonstrating good international citizenship, promoting the visibility of state identity parameters beyond its culture and core industries. This article interprets the South Korean government’s efforts to act on North Korean human rights following the UN COI, as well as the significance of being seen to be doing so at home and abroad as security-giving behaviour asserting its moral authority in relation to North Korea. It explores how a longstanding policy of relative silence on North Korea’s human rights record acceded to identity-driven pressures arising from the UN COI and influencing South Korea’s international image-management strategy between 2014 and 2017.     

‘The realities of power’: David Stoll and the story of the 1982 Guatemalan genocide

ABSTRACT

In a short opinion piece published in late 2013, anthropologist David Stoll claimed that genocide did not occur in Guatemala under the military dictatorship of José Efraín Ríos Montt (1982–83), that the charges against the former general and his subsequent conviction were unsubstantiated, and that human rights conditions for the country’s Indigenous peoples, including the Ixil population of northern Quiché department, actually improved under his government. By looking at the definition of protected groups under the United Nations Genocide Convention, and such basic notions as perpetrator motives and intent in international humanitarian law, this article will address Stoll’s latest contribution to a ‘counter-narrative by Guatemalans who perceive that their side of the story [was] left out’ of the 2013 genocide trial.     

US attitudes towards China before and after the Washington Conference based on US mainstream media reports

ABSTRACT

The problems China faced in the world order after World War I and the position and measures China took in the tussling between Western countries needs to be analyzed not only using historical records in Chinese and from the perspective of China itself; researchers should also consult foreign documents to determine the attitudes and ways of thinking of other countries, so as to reflect on the choices China needed to make and the roles that Western countries played at that time. Only in so doing can we fully understand how much space and strength China then had to strive for its rights in the international arena. This article examines the social basis of the attitude and policies of the United States (US) towards China in the period between the May Fourth Movement (1919) and the Washington Conference (1921–1922) by focusing on reports on China in the US mainstream media, including the New York Times, the Christian Science Monitor, the Washington Post, and the Los Angeles Times. The US government’s attitude towards China was determined by the interests of the United States, the Far East, and the other countries of the world. However, the US mainstream media’s reports on China also reflected the values of American society and popular sympathy for China’s destiny. When discussing how to support China, the US media distinguished between support for the Chinese government and support for the Chinese people on the way to democracy and governance by law. In this case, the media reflected different views on how to assist China.     

Australia’s relations with the European Community in a historical perspective: an elusive partnership

ABSTRACT

In 2015, Australia and the European Union successfully negotiated a Framework Agreement. This agreement is an essential step in establishing a stronger Australia–European Union partnership and achieving closer bilateral cooperation. For years, negotiating such an agreement had proved impossible. In the 1970s, successive Australian governments showed interest in enhanced collaboration with the European Community, but the political climate for closer relations was far from encouraging. This article explains why this was the case. In doing so, it also explores how the Whitlam and Fraser governments envisaged, framed and developed Australia’s ties with the European Community in the 1970s, and asks whether a more positive approach on their part could have led to a stronger relationship. Based on recently declassified government files, this article shows that although both Whitlam and Fraser fully grasped the importance of the European Community as an emerging international actor and were willing to deepen Australia’s ties with it, significant constraints existed against enhanced bilateral cooperation. With the Common Agricultural Policy still a considerable challenge to Australian economic interests and with the European Community focused mainly on the management of its internal market, broader political considerations were inevitably relegated to the margins of Australia–European Community consultations.     

From Imperialism to Internationalism: British Idealism and Human Rights

ABSTRACT

The article provides a historical account of the younger generation of British Idealists’ (1880–1930) approach to international relations and human rights. By focusing on pre-Great War and post-Great War periods, it reveals the shift that occurred in their approbation of T. H. Green's theory of rights. It shows that the Great War put an end to perceptions of the Empire as a plausible and sustainable international order for the younger generation of British Idealists, as it did for the significant majority of liberal British intellectuals. Their work, especially in the post-Great War period, reveals an attempt at translating Green's theory of rights into an internationalist human rights theory, which they saw as being indispensable to maintain a stable international order. As an alternative to contemporary attempts to locate Green's rights theory within the cosmopolitan–communitarian divide in human rights theories, this study draws attention to the younger generation of British Idealists’ long neglected internationalist approach to human rights as a middle way position.     

Do we need more economics in Australian economic diplomacy?

ABSTRACT

Economic diplomacy—that is, informal and formal processes and links between states and non-state actors on international economic issues—is a current focus of Australian foreign policy. The Department of Foreign Affairs and Trade’s stated economy diplomacy aims are liberalising trade, boosting economic growth, encouraging investment and assisting business. If Australia is to embrace a genuine and effective notion of economic diplomacy there are two problems to be overcome. First, DFAT’s economic diplomacy framework is incomplete and misses the bigger economic picture, particularly the role of Australia’s key economic agencies, Treasury and the Reserve Bank of Australia. Second, DFAT does not consistently apply economic principles to foreign affairs issues including trade, foreign aid and the global investment agenda. Going forward, Australia should abandon the focus on the four narrow pillars and instead focus on developing a clear, coordinated international economic strategy that articulates Australia’s core international economic objectives and priorities.     

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

ABSTRACT

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

Europe at the crossroads of three worlds: alternative histories and connections of European solidarity with the Third World, 1950s–80s

Abstract

Over the past few years, there has been growing interdisciplinary interest in the history of European solidarity movements that mobilized on behalf of the ‘Third World’ in the wake of the post-war decolonization process. Focusing on European campaigns against the Vietnam War and Pinochet’s Chile, this article aims at positioning these international solidarity movements in the broader history of North–South and East–West exchanges and connections in Europe during the Cold War. It explores some key ideas, actors and alternative networks that have remained little studied in mainstream accounts and public memories, but which are key to understanding the development of transnational activism in Europe and its relevance to broader fields of research, such as the history of Communism, decolonization, human rights, the Cold War and European identity. It delves into the impact of East–West networks and the Communist ‘First World’ in the discovery of the Third World in Western Europe, analyses the role of Third World diplomacy in this process, and argues how East–West and North–South networks invested international solidarity campaigns on ‘global’ issues with ideas about Europe’s past and present. Together, these networks turned resistance against the Vietnam War, human-rights violations in Pinochet’s Chile, and other causes in the Third World into themes for détente and pan-European cooperation across the borders of the Iron Curtain, and made them a symbol to build a common identity between the decolonized world and Europe. What emerges from this analysis is both a critique of West-centred narratives, which are focused on anti-totalitarianism, as well as an invitation to take North–South and East–West contacts, as well as the role of European identities, more seriously in the international history of human rights and international solidarity.     

International accompaniment,reflexivity and the intelligibility of power in post-conflict Guatemala

ABSTRACT

‘International accompaniers’ use their physical presence as a form of peaceful intervention to deter political violence against local human rights defenders. Threatened members of Guatemala’s civil society have relied on accompaniment as part of their security strategy since the early 1980s. Approximately one thousand volunteers from a dozen countries have accompanied in Guatemala. International accompaniment has been a key component of the effort to prosecute former military general and president Efraín Ríos Montt and other perpetrators of mass human rights violations in Guatemala. Victim witnesses and their legal counsel have included accompaniment as part of their protection strategy since 2000. Important questions have nonetheless been raised with respect to accompaniment’s effectiveness as a tool for witness protection and the possibility that it reinforces power inequalities. This article builds on Gada Mahrouse’s critique of accompaniment and draws on Michel Foucault’s understanding of reflexivity and power. The authors use insights from two case studies to support the argument that accompaniment’s usefulness as a tool for witness protection depends on its ability to accommodate the witnesses’ position within webs of interconnected power dynamics and the multiple ways in which they conceive of security. It also depends on how intelligible these different power dynamics are to accompaniers. This argument is used to highlight how accompaniment in Guatemala is relevant for other situations where the prosecution of human rights atrocities is long term and depends on witness testimony.     

China,Natural Resources,Sovereignty and International Law

Abstract

This article explores China’s attitudes towards the regulation of key natural resources by international law, domestically and at the trans-boundary and international levels. It considers the impact of international law on China’s own practices, and the contribution of China towards shaping international law. The article suggests that popular conceptions of a relatively isolated, sovereign absolutist China do not accord with contemporary legal realities, including in its dealings with natural resources. While China’s construction of strong sovereignty shapes its attitudes towards legal regulation, practice also suggests that China adopts a nuanced approach which includes legal compromise, and a commitment to multilateral regulation or bilateral diplomatic settlement of issues previously within the competence of national governments. China is often an active and constructive participant in contemporary law-making, even if – like all countries – it also seeks to instrumentally use international law.