Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

Performing space across time: a 520-year anniversary in a western Ukrainian village

Abstract

Festivals and celebrations have special significance for the foundation of community and collective memory. They are part of social practice and, at the same, also reveal much about current and historical social structures, traditions and rituals. Festivals contrast with everyday life, taking participants away from it; celebrations, conversely, celebrate and reinforce social hierarchies, the role of individuals in the community and the characteristics of the community. This is clearly demonstrated in this contribution on the example of the festivities of two western Ukrainian village communities celebrating 520 years of existence. The communities’ notable peculiarity lies in the fact that they were founded as a single village. Due the partitioning of Poland along the Zbru? River, however, the two sides were situated in Austria-Hungary and Russia, respectively. In the interwar period, they were located in Poland and the Soviet Union. Since the end of the Second World War, they were part of the Ukrainian Soviet Socialist Republic. Although they did not have borders for the first time in 150 years, they nevertheless continued to exist as independent villages. Given this starting point, a celebration of the 520th anniversary of the founding of these communities obviously has very complex historical contexts within different past state regimes. The following analysis of the village festival will first demonstrate how such a celebration was achieved. Further, it will examine the extent to which a socio-spatial demarcation was reproduced just as efforts were simultaneously made to eliminate it. The village is a striking example of the manifestation of the experience and perception, design and imagination of present and past spaces.     

Resistance politics of non-violence: Jean Paulhan’s ’Fautrier the Enraged’ (1943)

ABSTRACT

The idea of adequately ‘representing’ violence was an important point of discussion amongst Resistance artists and intellectuals at the time of the French Occupation. In particular, intellectual resistant Jean Paulhan had written on the subject in his text introducing Jean Fautrier’s retrospective exhibition of November and December 1943 in occupied Paris, ‘Fautrier the Enraged’. While the thematic of the exhibition proposed an academic and traditional subject matter, Paulhan demonstrated that Fautrier’s typically matierist and anti-naturalistic approach was instrumental in ‘suggesting reality’. Fautrier’s individual creative process, Paulhan argued, led to a transparent experience to be shared between viewer and artist not only on an aesthetic level, but also from a political point of view. At the time of ‘Fautrier the Enraged”s writing, Paulhan had indeed been concerned with issues of political engagement, as is evident from his essay ‘The Flowers of Tarbes or Terror in Literature’ (1941), which reflects upon the human condition and is concerned with reconciling poetry, politics and ethics. The author believes that such questions were being addressed in Paulhan’s text on Fautrier and by Fautrier’s art and that an aesthetic reading of Paulhan’s text is inseparable from a political interpretation of Fautrier’s art within the context of the Occupation. Indeed, the aesthetic criteria used in Paulhan’s text as framework to his argument were then loaded with political meaning. For instance, Paulhan considered virtuosity as an essential artistic characteristic to be opposed to the art of imitation based on the technical ability to observe and simulate ‘nature’ as imposed by the occupants. With excerpts from Paulhan’s essay and exchange of letters with Fautrier as well as visual analysis of some of the artworks presented in the exhibition, this paper deals with the wider issues of ‘representation’ in the historical and cultural context of the Second World War in France.     

When Epistemic Communities Fail: Exploring the Mechanism of Policy Influence

Epistemic communities are an established concept in the study of international relations but can also explain policy change at the domestic level. This article asks why some epistemic communities manage to convince decision makers of their preferred policies while others do not. It suggests that the reason lies in the causal mechanism of epistemic communities' influence on decision makers, mediated by decision makers' demand for expert input. Most epistemic communities scholarship focuses on single case studies where the communities' influence on policy was strong and clear, leading to an overestimation of the groups' influence. To help correct this probable bias, this article compares a successful case of epistemic community influence (health technology assessment in Poland) with an unsuccessful example of the same policy (in the Czech Republic). The juxtaposition allows for unpacking of the necessary parts of the causal mechanism (emergence of an epistemic community, its activity, access to decision makers, and successful suasion) and separating them from the crucial scope condition. Decision makers' uncertainty about the policy issue at hand has traditionally been the key scope condition for epistemic communities but the successful Polish case demonstrates that epistemic communities can be influential even in highly certain areas of routine policymaking, leading to a reconceptualization of uncertainty as policymakers' demand for expert input. Demand can originate from various sources, but any change of it affects individual parts of the causal mechanism, leading to a success or failure of epistemic communities' policy enterprise.     

Partial mummification and extraordinary context observed in perinate burials: a complex osteoarcheological study applying ICP-AES, μXRF,and macromorphological methods

Very small, green colored, partially mummified remains of a perinate individual were found buried in a ceramic pot with a copper coin in the Late Medieval cemetery of Nyárl?rinc-Hangár út (“Nyárl?rinc 3. lel?hely”) in southern Hungary. The remains must date back to the second half of the nineteenth century AD. In this paper; we present data gathered in a series of multidisciplinary investigations targeted to the partially mummified remains (ind. no. 14426) and two other non-mummified perinates (ind. no. 10662 and no. 14336) possibly buried under similar circumstances in the cemetery. Besides standard macromorphological and stereomicroscopic examinations, we compared Cu concentrations in the remains using ICP-AES and mapped Cu concentration changes using μXRF. The partially mummified perinate showed the highest Cu concentrations, while the individual buried without a possible Cu source showed the lowest. Body parts in the closer proximity of the copper coins always showed higher concentration. The mummified individual showed 497 times higher Cu values than average, and even the perinate buried without copper coin measured higher than the otherwise normal Cu content of the soil. Extremely high Cu values may be related to the corrosion of the coins included in the burials. Mummification must have been facilitated by copper deriving from the coins. Uneven Cu concentrations and only partial mummification of one of the individuals refer to the importance of other environmental factors involved in a possible quasi-natural mummification process. However, the Nyárl?rinc perinate burial no. 14426 may be the first solely copper-driven mummification case ever reported, and hopefully, more cases are to appear in the future.     

The case of Asialink’s arts residency program: towards a critical cosmopolitan approach to cultural diplomacy

This paper explores the ways in which one of Australia’s cultural diplomacy initiatives aimed at bringing Australia closer to Asia – the Asialink Arts Residency Program – may provide valuable insights for reimagining cultural diplomacy with a revised understanding of the national interest that reflects the increasingly transnational realities of the contemporary world. Drawing on extensive data gained from interviews and an online survey, the author found that program participants are engaging in exceptionally complex and at times unintended activities, and that policy concerns, such as positive image projection abroad, are rarely high on the residents’ list of priorities. However, these experiences are of particular value for the national interest, in ways not yet formulated by or included in existing cultural diplomacy discourses. With the findings in mind, the author takes a critical cosmopolitan approach to reconceptualising cultural diplomacy.     

Uncovering a Painful Past: Archaeology and the Holocaust

Abstract

Places connected to the Holocaust, and the physical evidence that lies within them, survive as reminders of the crimes perpetrated by the Nazis. Both the treatment of these sites and attitudes towards them have varied considerably in the years since the Second World War. In recent years, a number of archaeological investigations have been instigated by curators at Holocaust sites in a direct attempt to enhance visitor experiences and education programmes. Archaeologists have initiated investigations at other forgotten and dilapidated sites in an attempt to raise awareness of these places. This paper will discuss two case study sites where archaeological investigations have been undertaken and where attempts have been made to inform conservation, heritage management, and education strategies. It will highlight the various challenges that may arise in the course of developing dissemination tools and discuss strategies that have been adopted to account for them. Specifically it will focus on how archaeologists can present novel means by which to locate, record, and re-present the physical evidence of the Holocaust and how they can tell the stories of difficult heritage sites even when traditional forms of memorialization/muzealization is not wanted or practical.