Cheating on climate change? Australia's challenge to global warming norms

The international governance of climate change was initially informed by two norms concerning who should take responsibility for mitigating climate change and how such mitigation should be pursued.1 1. These normative debates have also been analysed by Matthew J. Hoffman and Loren Cass (see Hoffman 2005; Cass 2006). View all notes Since the early 1990s, these norms have been contested by several states. In this article the author argues that such contestation is a product of the perceived incongruence between these norms and the domestic conditions of those states they seek to govern. Following an overview of the emergence and contestation of climate governance norms, the author elaborates on this relationship between international norms and domestic conditions. These theoretical assumptions are then explored in the context of Australia's response to international climate governance norms from the late 1980s to 2007. As the author demonstrates, the perceived incongruence of these norms with domestic conditions led Australia's foreign policy makers to contest the norms and focus on the construction of alternative governance processes by reframing the issue of climate change. Through a diversion of attention away from historical emissions to future emissions and possible technological mitigation options, climate governance was temporarily reconciled with Australia's domestic conditions. However, the author suggests that this came at the expense of international equity and long-term national sustainability.     

‘Once and For All’: The Fourth UN World Conference on Women and the Institutionalisation of Women's Human Rights in American Foreign Policy

Though the slogan predates the Fourth UN World Conference on Women, ‘women's rights are human rights’ has become inextricably linked to US First Lady Hillary Rodham Clinton's keynote address at the 1995 Conference in Beijing. The speech turned a line socialised by transnational feminist organisers into a State Department mantra with long-lasting policy ripples still felt today. This article uses new sources from the Office of the First Lady to examine the intra-departmental dynamics, policy architecture and domestic political considerations that shaped the content of the speech and the Clinton Administration's conception of women's rights as human rights. Early documents show that a focus on human rights was not inevitable, as other policy areas were better developed with more public support. But fear of rollback from previous international standards, external pressures from civil society, a desire to link foreign policy with domestic political aims and ultimately a strong backlash to American participation at the Conference on the basis of China's human rights record all elevated women's human rights as a US delegation priority.     

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.     

Australia's international cultural relations: Some domestic dimensions

Recent policy statements about and administrative innovations for Australia's international cultural relations activities (involving the country‐specific councils administered by the Department of Foreign Affairs and Trade, the Australia Abroad Council, the Australia Council and the Cultural Ministers’ Council) are examined in terms of the connections between foreign policy making and the domestic political sphere. The evidence demonstrates that while the developments were promoted in terms of supporting Australia's interests in the external world each is demonstrably serving the domestic political interests of the bureaucratic units involved.     

Organic Union or Aggressive Altruism: Imperial Internationalism in East Africa in the 1920s

This article assesses the influence of international questions on the Conservative and Labour parties’ imperial policy in East Africa in the 1920s. Conservatives encouraged a policy of ‘organic union’, which meant the consolidation of settler control in Kenya, Uganda and Tanganyika by either formal or informal means. They preferred to ignore or minimise the influence of the League of Nations mandates provisions in Tanganyika, arguing that colonial questions, which in their view included mandatory affairs, were a domestic jurisdiction. The Labour Party was more sympathetic to ideas of liberal internationalism, and pursued a policy of ‘aggressive altruism’ in East Africa when in office, especially in the late 1920s. The article compares the two parties’ respective positions with reference to closer political union, settler relations, labour and land policy, and Indian rights, and by detailing the personal relationship between the conservative governor of Kenya, Sir Edward Grigg, and Labour's colonial secretary, Lord Passfield.     

Liberalism and cultural claims in Central and Eastern Europe: toward a pluralist balance†

ABSTRACT. This article relies on cases from new EU member states in postcommunist Europe to integrate two overlapping debates about majority–minority relations. Since the Second World War, political theorists and international institutions have tended to discourage group‐rights approaches in favour of individual rights; meanwhile, policy‐makers who achieved interethnic peace in postcommunist Europe have often opted for group‐rights approaches. On the basis of political theory, international norms and the conduct of political elites in this region, we argue that both the individual‐rights and group‐rights approaches can be differentiated internally along the dimension of pluralism – that is, their willingness to accommodate multiple processes of cultural reproduction. Moreover, both group‐rights and individual‐rights approaches can offer justifications for restricting minority cultural opportunities; furthermore, restrictive group‐rights approaches sometimes cloak their efforts behind ‘Western‐sounding’ individual‐rights rhetoric. Likewise, both group‐rights and individual‐rights approaches can permit group accommodation that can lead to political integration. We find that de facto pluralist approaches to minority accommodation – often spearheaded by moderate parties of the majority in coalition with minority‐group parties – encourage ethnic peace, regardless of their foundation in individual or group rights.     

Killing the goose that laid the golden egg? Australia's resource policy regime in comparative perspective

A common criticism of the minerals resource rent tax (MRRT) was that it would ‘kill the goose that laid the golden egg’ for the Australian economy. Mining companies, their industry associations, and the Liberal–National Coalition all argued the MRRT would reduce Australia's attractiveness for mining investment, and lead to ‘capital flight’ as resource firms shifted towards lower-taxing competitors. To evaluate this claim, it is necessary to compare Australia's resource policy regime – including, but not limited to, its taxation elements – against those of its principal competitors. This article undertakes such an evaluation by comparing Australian resource policies with those of nine of its major mineral and energy competitor countries. This survey reveals that Australia's comparatively high mining tax rates are partially offset by its ‘non-interventionist’ approach to resource policy, and that it has retained good rankings on international political risk surveys. There is some evidence of short-term market response to the mining tax, but there is little evidence of sustained capital flight occurring due to the MRRT. These data collectively suggest that the MRRT did not significantly undermine Australia's attractiveness for international mining investment, despite widespread perceptions to the contrary.     

Real Institutional Responses to Neoliberalism in Australia

The paper defines the state's apparatus as a site of power and contestation. This view enables contingency in the realm of government to be taken seriously. Accordingly, the paper takes a critical view of the idea of neoliberalism as a general global process. The paper reviews Paul du Gay's history of the state's apparatus, including his nostalgia for bureaucracy and his disdain for entrepreneurship. The paper contrasts du Gay's stylised take with a study of shifts in institutional structures and behaviours in Australia's state apparatus since the mid 1970s leading to the present period of Howard neoliberalism. The paper positions these shifts in the context of Coombs‐led institutional reform in Australia; it examines the potential for institutional resistances and responses; and draws implications for how we view institutions as having agency in the political processes of state apparatus reform.     

Kin state non‐interventionism: Albania and regional stability in the Western Balkans

This article provides a comprehensive analysis of Albanian regional policy from 1992 to 2013. Situated in a conflict‐ridden region and surrounded by co‐ethnics living in Kosovo, Macedonia, Montenegro and Serbia, Albania has successfully resisted pressure to undertake interventionist regional policies. However, there are no structured accounts as to how Albania fashioned its non‐interventionist regional policy. This article fills this gap and retraces the development of Albanian regional policy as a function of its inter‐mingled domestic politics and regional and international dynamics. The article concludes that the Albanian regional approach has been shaped by its legacy of communist isolation, pro‐Western predisposition and recognition that accommodation of Western interests would overcome its constraints and advance the rights of Albanians living in the Western Balkans. The analysis is important not just for understanding Albania's actions but also for disentangling the relationship between regional policy, nationalism and a kin state's domestic and international constraints.     

The Country,the City and the State in the Australian Settlement

The Australian Settlement, as formulated by Paul Kelly, had a sixth pillar: a settlement between the city and the country in which the state compensated people living in the country for the costs of remoteness and sparse settlement. This was underpinned by the reliance of Australian export performance on agriculture, by nation-building commitments to peopling the continent, and by agrarian beliefs in the virtues of country life. Australia's egalitarianism had a spatial and regional as well as a class dimension. Changes in Australia's economy, demography, and political culture have eroded these foundations, leaving rural Australia vulnerable to the neoliberal agenda. The dismantling of tariffs, the restructuring of agriculture, microeconomic reforms driven by National Competition Policy, and regional policy which stresses self-reliance, all treat rural Australia as a minor part of the nation rather than its economic and cultural foundation, and reject claims to special treatment. To give country Australia its own pillar makes visible the magnitude of the historic shifts which have taken place in the state's relationship to rural Australia since 1983 and brings it into the main frame for understanding Australia's abandonment of protective statism.     

Australian Foreign Policy under the Abbott Government: Foreign Policy as Domestic Politics?

While foreign policy featured prominently on the Australian political agenda in late 2014, the manner of Australia's engagement with the world challenges the idea of a ‘pivot’ from domestic politics to foreign policy. In particular, the government demonstrated a tendency to prioritise domestic political considerations, in particular public opinion, in its dealings with the outside world. This was evident across a range of issue areas: from the ‘internationalist’ agenda of asylum, climate change and aid to more traditional concerns such as bilateral relations with Indonesia and international security. This article explores these dynamics and asks what implications this has for both Australian foreign policy and theoretical accounts of the role and desirability of public engagement with foreign policy in international relations thought.     

The Liberal Paradox and the Politics of Asylum in Australia

This article interprets the politics of asylum in Australia in light of what James Hollifield calls ‘the liberal paradox’; that is, the trend amongst contemporary states towards greater transnational open-ness in the economic arena alongside growing pressure for domestic political closure. It begins with an outline of Australia's recent history of economic reform and of the discourse of globalisation that has been employed to legitimise the changes wrought by this transition. Focusing on the period from the late 1990s to the early 2000s, the article provides an account of anxieties associated with these changes and an analysis of government strategies to secure the support of disaffected sections of the electorate. Asylum policy is analysed in this context. The article shows how the policing of asylum seekers constitutes performances of political closure designed to assuage those made vulnerable by Australia's neoliberal economic trajectory. It argues that these politics of asylum are indicative of the tensions between transnational engagement and territorial closure faced by neoliberal states more generally.     

East Timor and the new humanitarian interventionism

The fate of East Timor provides a barometer for how far the normative structure of international society has been transformed since the end of the Cold War. In 1975, the East Timorese were abandoned by a Western bloc that placed accommodating the Indonesian invasion of the island before the protection of human rights. Twenty‐five years later, it was the protection of the civilian population on the island that loomed large in the calculations of these same states. Australia, which had sacrificed the rights of the people of East Timor on the altar of good relations with Indonesia, found itself leading an intervention force that challenged the old certainties of its ‘Jakarta first’ policy. The article charts the interplay of domestic and international factors that made this normative transformation possible. The authors examine the political and economic factors that led to the agreement in May 1999 between Portugal, Indonesia and the UN to hold a referendum on the future political status of East Timor. A key question is whether the international community should have done more to assure the security of the ballot process. The authors argue that while more could have been done by Australia, the United States and officials in the UN Secretariat to place this issue on the Security Council's agenda, it is highly unlikely that the international community would have proved capable of mobilizing the political will necessary to coerce Indonesia into accepting a peacekeeping force. The second part of the article looks at how the outbreak of the violence in early September 1999 fundamentally changed these political assumptions. The authors argue that it became politically possible to employ coercion against Indonesian sovereignty in a context in which the Habibie government was viewed as having failed to exercise sovereignty with responsibility. By focusing on the economic and military sanctions employed by Western states, the pressures exerted by the international financial institutions and the intense diplomatic activity at the UN and in Jakarta, the authors show how Indonesian political and military leaders were prevailed upon to accept an international force. At the same time, Australian reporting of the atrocities and how this prompted the Howard government to an intervention that challenged traditional conceptionsof Australia's vital interests, is considered. The conclusion reflects on how thiscase supports the claim that traditional notions of sovereignty are increasinglyconstrained by norms of humanitarian responsibility.     

Scales of justice: law,American Indian treaty rights and the political construction of scale

The organization of political scale has served to facilitate the power of the dominant society to control, exclude and marginalize indigenous populations. This paper examines how geographical scale has shaped the historical and contemporary geography of indigenous peoples in the United States. More specifically, discussion will center upon the importance of scale in shaping natural resource conflicts between American Indians and state governments. Using the case of the Wisconsin Ojibwe treaty rights conflict, this study shows how scale informed the historical development of an exclusionary state natural resource policy and the state's legal effort to protect its monopoly over policy making during a 17 year court case over off-reservation hunting and fishing treaty rights. At the same time, Ojibwe Indians sought to use the dominant society's legal system to gain recognition of their hunting and fishing treaty rights and to alter the existing scale organization of power by decentralizing natural resource decision-making and creating a resource co-management regime. This paper shows how both the state and the tribes were active producers of space and scale and how attempts to restructure geographical scale represent attempts to restructure existing power relations. Although geographical scale and power relations are never fixed and are subject to contestation, this paper shows that the ability of marginalized populations to reshape scales of power is limited by the persistence of assimilationist attitudes and normative assumptions about the scalar organization of political life.     

International Human Rights Conventions and Australian Political Debates: Issues Raised by the 'Toonen Case'

In April 1994, the United Nations Human Rights Committee communicated its view to the Australian Government that Tasmanian anti-gay laws were inconsistent with Australia's international human rights obligations. Issues of Australia's human rights protection, treaty accession and Commonwealth-State relations, each of which have traditionally been characterised by major partisan differences, were brought to the fore of political debate. While the HRC decision at first appeared to give the coalition much scope to advance its arguments, subsequent developments highlighted considerable weaknesses in the rhetorical strategies of conservatives, and the difficulty of using the Tasmanian laws as a federalist cause ce le bre. In the long term, ironically, the coalition may well have weakened the efficacy of sovereignty-based arguments in Australian political debate.     

The Conundrum of Intellectual Property Rights: Domestic Interests,International Commitments and the Australian Music Industry

The creation and exploitation of intellectual property is of central importance to Australia's economic security and cultural identity. However, the protection of intellectual property rights can have undesirable consequences including the protection of anti-competitive business environments; the privileging of private over public interest; and the erosion of the state's policy autonomy. In a case study of the recent conflict over the import of compact discs into Australia, this article demonstrates how the Commonwealth Government's attempt to curb the oligopolistic behaviour of the major foreign-owned record companies has been undermined by its desire to demonstrate its commitment to intellectual property rights, especially in the context of the Uruguay Round of GATT negotiations and the new agreement on Trade Related Aspects of Intellectual Property TRIPS.     

With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

How Constitutional Concerns Framed the US Contribution to the International Human Rights Regime From Its Inception, 1947–53

The United States has been reluctant to agree to binding international human rights instruments ever since the very first meeting of the United Nations Commission on Human Rights in 1947. This article explores structural causes for that reluctance. Internal government papers show that US government officers worried that a human rights treaty might expand federal jurisdiction at the expense of the jurisdiction of the United States' constituent states and could provide an opening for judicial activism by the courts. These concerns made domestic political sensitivities more acute and raised principled questions about the desirability of pushing domestic reforms through international law-making. US representatives made repeated efforts to ensure that an international bill of rights was drafted as an aspirational declaration rather than a legally binding treaty. They also proposed clauses designed to delay or limit the domestic effects of any agreement, while reassuring the US Senate that domestic power balances would not be disturbed. Constitutional concerns thus framed the United States' contribution to the creation of an international human rights system from the very beginning.     

Waste Not Want Not? Australia and the Politics of High-level Nuclear Waste

During 1999 and 2000, Australian governments rejected a proposal put forward by Pangea Resources to place an international high-level radioactive waste repository somewhere on the Australian continent. The decision was marked by tensions between competing political objectives, and was driven partly by an unusual alliance between pro-uranium mining governments and anti-nuclear non-government organisations (NGOs). The article begins by placing Australia's current nuclear policies in historical context, focusing on the stances taken by the major political parties. The second section briefly describes the Pangea proposal and the Australian response. The third section considers why Australia might have reacted differently. The fourth section critically reviews some of the reasons why the Pangea proposal elicited such hostility. Finally, the article discusses key policy barriers to the proposal, concluding that these are unlikely to disappear and that as a result Pangea and any other similar organisations would have little chance of pursuing their objectives in Australia.