ASEAN as a “Rules-based Community”: Business as Usual

Abstract

In establishing the ASEAN Economic Community, ASEAN political elites emphasised their commitment to the rule of law. The definition of the rule of law adopted in the ASEAN Charter mirrored UN reforms that recognised the rule of law as interlinked with democracy and human rights. This commitment raises questions, given the various tactics employed by the grouping’s authoritarian and post-authoritarian regimes to silence dissent. This article critically assesses this apparent shift in regional governance. It first maps the inclusion of rule of law rhetoric in agreements since ASEAN’s foundation, and then examines the form and implementation of dispute settlement mechanisms. It finds that dispute settlement mechanisms have consistently retained the scope for protracted political and bureaucratic negotiation between disputing parties, and “opt out” clauses that enable their contingent application. These findings undermine claims regarding the development of a “rules-based community”, and indicate the continuation of rule by law rather than rule of law. The emphasis placed on ASEAN’s rule of law reforms by elites suggests, then, the rebranding of this political project in support of the ASEAN Economic Community so as to create confidence for investors in the region’s juridical environment.     

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.     

西汉初年陇西、北地、上郡治所考——以张家山汉简《秩律》所见各县等第为中心

汉代郡治之县,在同郡属县中秩级最高。由张家山汉简《二年律令·秩律》载录的各郡辖县秩级,可探知西汉初年某些郡的治所: 陇西郡治所为上邽县;上郡治所为高奴县;北地郡治所为彭阳县。此外,西汉初年汉中、河东、河内三郡治所也可以凭借《秩律》得到进一步限定。《秩律》在西汉初年郡治研究上的价值需要得到重视。     

Multilevel (mis)governance of palm oil production

The palm oil industry exemplifies the ‘regionalisation without regionalism’ pattern seen in other industries in Asia: extensive, regionally concentrated transnational economic integration accompanied by a low level of formal regional institution-building. Production is concentrated in Malaysia and Indonesia, and Asian countries account for a major share of the market for intermediate products. The ownership structure of palm oil production reflects the dominance of transnational Malaysian and Singaporean firms. There is no authoritative regional institution governing production, investment standards or labour in the industry. A patchwork of both enabling and regulatory governance institutions supports the industry. These are formal and informal, public and private, and are situated at multiple levels: within, below and across the nation state. Although the governance structure surrounding the palm oil industry has supported it well in terms of production volumes and profits, large externalities—environmental and social costs—persist. This article argues that the governance failures associated with the industry stem from different stakeholders' competing interests in contexts of highly unequal wealth and power distribution. Misgovernance is not an unintended consequence of institutions failing to keep up with markets in scale and scope, but is embedded in the multilevel governance regime that supports, and partially regulates, the industry.     

Organizing European Labour: Governance, Production, Trade Unions and the Question of Scale

This paper addresses two main debates: the recent geographical literature on trade union strategy and structure, and contemporary accounts of European labour market governance. Geographers have begun to take notice of organized labour just as it has faced a series of unprecedented challenges, which are partly derived from ongoing changes in the organization of production. In interpreting these debates I focus on the process of scaling – the ways in which the politics of labour market governance are constituted in, and are at the same time constitutive of, one geographical scale or another. These issues are explored through two key recent developments: the changing status of the European Trade Union Confederation, and the creation of European Works Councils. The ETUC and EWCs are particularly significant because they pose a challenge to existing arrangements, and potentially enable a re-configuration of the relation between capital and labour at different scales. I conclude that further exploration of European labour geography could re-connect the diversity of forms of organization of production with the scope and potential of trade union strategy; and that thinking in terms of scale is useful because it highlights the significance of both political and relational issues.     

A Critique in Search of a Corpus: Re-visiting Governance and Re-interpreting Urban Politics

One of the most profound changes of the last two decades has been in the form and the function of local government. Its role as part of the local state has been challenged through the re-scaling and re-configuration of many of its aims. This paper examines the growth of business sector involvement and the ascendancy of the partnership model in urban development, as part of an analysis of the changes and the continuities that stretch across the local government – local governance conceptualization of political relations. I start the paper with a discussion of the main issues in the local governance literature as a precursor to a commentary onImrie and Raco's (1999) recent paper, 'How New is the New Local Governance? Lessons from the United Kingdom'. The wider literature is drawn upon to discuss some of the theoretical approaches used to analyse this much-vaunted transformation and three key themes are used to structure the remainder of the paper. I argue that Imrie and Raco caricature the work of other academics in order to make their claims over omissions from the literature. In doing so, they ignore or under-play how state restructuring and the logic of capital has often been the object of analysis, rather that the voluntarist incorporation of business élites into the local governing apparatus. Using empirical examples from three English cities I argue that while, on the one hand, their examples are revealing and serve to sensitize current debates around governance, the state and regulation, on the other hand, there is still a need to interpret these 'local' politics within a broader and more scale-sensitive framework and in more abstract terms. This demands a clear distinction between local governance as a concept, and its investigation in an empirical way.     

The Making of a Regulatory Crisis: Restructuring New York City's Water Supply

Much practically orientated environmental research is marked by a polarity between functionalist abstraction and ahistorical normative discourse. This paper seeks to bridge the divide between theoretical and empirical research through a case study of New York City's water supply. Current processes of socio-economic restructuring are leading to negative environmental consequences obscured by a failure to extend analysis beyond limited temporal, spatial or sectoral scales. Insights from regulationist theory show that a combination of fiscal, political and other developments are bringing about a wide-ranging reformulation of existing patterns of environmental regulation and service provision in the city. The power of the state is being radically diminished in relation to the power of capital and a plethora of different interest groups. A relatively simple centralized model of environmental regulation is being transformed into a complex decentralized pattern involving the emergence of new approaches to urban governance. Further research is needed on the contradictions between capitalist accumulation and environmental regulation at different spatial scales in order to link New York's changing role within the global economy to the declining political legitimacy and fiscal capability of the state to play an extensive role in environmental management.     

“六日战争”对美国犹太人族群认同的影响

20世纪60年代,"大屠杀"话语的传播引发了美国犹太人对族群命运的担忧。在"六日战争"前,面对阿拉伯国家的反犹宣传及其对以色列的重重围困,美国犹太人担心"再次大屠杀"会发生,从而促使美国犹太人对以色列的生存产生深度忧虑。美国犹太社团逐渐把维护以色列的特殊利益和争取美国社会对以色列的同情与支持,作为游说活动的主要目标。美国犹太游说组织通过舆论引导、公开呼吁、经济动员等方式积极进行游说。"六日战争"后,美国与以色列之间的特殊关系迅速发展。美国犹太人的民族自信心和自豪感显著提升,并自觉地将以色列与自身的命运紧密相连。他们在归属意愿、宗教情感、对以色列的文化兴趣、青年群体族群意识等层面表达对以色列的认同,以色列在美国犹太人族群认同中发挥的作用凸显。     

The Euro-Arab Dialogue 1973–1978: Britain Reinsurance Policy In The Middle East Conflict

The Euro-Arab Dialogue (EAD) was launched in the aftermath the Arab Israeli Yom Kippur War of 1973 by Nine European countries and the Arabs. The main objective was to create a stable, long-term relationship between the two regions. Despite its political intent, the framework of the Dialogue was restricted to multilateral economic co-operation in selected areas for reciprocal benefits. Due to inevitable obstacles, after almost five years of engagements, the Dialogue seemed to be progressing slowly with the development of only a few practical projects. Nevertheless, the British remained committed to the initiative, which they viewed as supplementary to their successful existing bilateral relationships, as well as an inexpensive but effective way to maintain their political and economic interests in the Arab world. Through historical analysis, this paper examines the British attitude and perspective towards the Dialogue from 1973 to 1978, mainly using archival documents available at the National Archive in England.     

从"资治"到"救国"--关于19世纪史学经世致用思想变化之研究

自19世纪40年代伊始,中国社会所发生的空前的沧桑巨变,直接推动了史学由古代史学向近代史学的转变。这种转变的重要标志之一,就是史学经世致用思想的变化,即史学经世致用思想从“资治”到“救国”,从着眼于王朝治乱兴衰到关注国家和民族前途命运之经世致用的宗旨和参照系的变化。同时,这种变化又对整个19世纪中国史学的发展及其走向产生了重大而深远的影响。