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.     

Seductive Alienation: The American Way of Life Rearticulated in Occupied Japan

This article explores how the notion of American domesticity promoted by US occupation forces in postwar Japan was decoded and rearticulated by non-elite Japanese women, a social group that has been largely overlooked in studies of the global promotion of the American way of life during the early Cold War years. Specifically examined here is the case of Takehisa Chieko, an actress and the wife of an American officer, who enjoyed high visibility in popular women’s magazines as the embodiment of the idealised postwar American lifestyle. A reading of Takehisa’s magazine writings, interviews, and photographs suggests, however, that she was far from a passive recipient and transmitter of this cultural message. As such, a close unpacking of her rearticulation of the idea of American domesticity toward the particular socio-cultural fabric of postwar Japan reveals the particular nature of this supposedly universal American model. In demonstrating the various dilemmas that stemmed from confronting both the seductive and alienating features of the American way as promoted in occupied Japan, this study illuminates a point of rupture in the larger US global promotion of American domesticity as a means toward cultural hegemony and political containment in the early Cold War period.     

Australian bicameralism as semi-parliamentarism: patterns of majority formation in 29 democracies

The article analyses the type of bicameralism we find in Australia as a distinct executive-legislative system – a hybrid between parliamentary and presidential government – which we call ‘semi-parliamentary government’. We argue that this hybrid presents an important and underappreciated alternative to pure parliamentary government as well as presidential forms of the power-separation, and that it can achieve a certain balance between competing models or visions of democracy. We specify theoretically how the semi-parliamentary separation of powers contributes to the balancing of democratic visions and propose a conceptual framework for comparing democratic visions. We use this framework to locate the Australian Commonwealth, all Australian states and 22 advanced democratic nation-states on a two-dimensional empirical map of democratic patterns for the period from 1995 to 2015.     

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.     

Immigration and Refugee Crises in Fourth-Century Greece: An Athenian Perspective

Abstract

The fourth-century B.C. was a period during which a large number of Greek cities were affected by civil wars, military conquests, and destruction, with the displacement of large numbers of men, women and children as a result. This has implications for the modern debate on Athenian attitudes to immigration, which normally focuses on just two groups of free non-citizens: adult, able-bodied men who moved to Athens voluntarily to take advantage of the city’s economic opportunities and (more recently) on the free non-citizen population who had come to Athens as slaves and who stayed on after their manumission. This article argues that refugees were likely to have constituted a considerable component of the migration to Athens during certain troubled periods in the course of the fourth century. This means that the size of Athens’s immigrant population was likely to have fluctuated considerably, that many of the refugees would have been destitute, that women and children (sometimes unaccompanied by adult male relatives) may have made up an even greater proportion of the non-citizen population than normally assumed, and, thus, that a considerable number of these immigrants would not have been able to contribute substantially to Athens’s grain trade or military. The implications of this for our assessment of the Athenian motives for admitting groups of refugees are discussed, and it is argued that the requirement that all male and all unaccompanied female immigrants had to find an Athenian sponsor and pay a special metic tax may have constituted a certain level of control over immigrant numbers.     

Space,time and history in the Polish People’s Republic: the trilogy Sami swoi,Nie ma mocnych,Kochaj albo rzuć

Abstract

The article discusses the meanings of popular culture, authenticity and history in People’s Republic of Poland. As an example it uses a popular film trilogy. The trilogy Sami swoi, Nie ma mocnych and Kochaj albo rzu? (‘All friends here’, ‘Take it easy’ and ‘Love or leave me’) was shown in Polish cinemas between 1967 and 1977. The reviews were written just after the premières. The article uses the concepts of time and space elaborated by Mikhail Bakhtin and Doreen Massey to analyze the different chronotopes of the films. It analyses both the films and the reviews as strategies of creating authenticity and creating cultural meanings: the meaning of history and the meanings of rurality. I will show how history and present, memory and society are interwoven in the light of popular production. In addition, I will emphasize the diverse interpretation possibilities resulting from this micro-historical view and the transnational critique of modernism highlighting the small and local which emerged throughout Europe in the 1970s.     

UNDISCIPLINED AND PUNISHED

The title of Robert Doran's collection of essays on Hayden White proves provocative and evocative. Provocative because it claims to mark a move within philosophy that pivots on the work of Hayden White, and this despite the fact that White himself explicitly resists inclusion within such a classification, that is, as a philosopher of history. Indeed, another contributor, Arthur Danto, had as of 1995 declared passé the whole subfield of philosophy of history. Doran situates White, then, in a niche White rejects and in any case one largely abandoned by those who do academic philosophy. Thus a question that this title evokes concerns why—whatever philosophy of history happens to be before Hayden White—after him it becomes a topic of philosophical lack of interest, one pursued almost exclusively by those not associated with departments of philosophy. Given White's professional travails, his acquaintance with another undisciplined academic, Richard Rorty, and his long‐standing friendship with preeminent philosophers of history such as Louis Mink, one might well assume that White eschews Doran's disciplinary labeling for a reason. In this regard, reframing him as this book's title does invites a worry that, if only unwittingly, the book elides discussion of why certain positions excite not merely disagreement but prompt rather a type of professional shunning. In failing to confront White's reception (or rather lack thereof) by historians and his position (or rather lack thereof) within philosophy, Doran passes over in silence a highly salient aspect of White's work.     

Uneven Urbanisation: Connecting Flows of Water to Flows of Labour and Capital Through Jakarta's Flood Infrastructure

This article analyses processes of uneven urbanisation by looking at flood infrastructure. Combining the conceptual frameworks of uneven development with the political ecology of urbanisation, we use flood infrastructure as a methodological device to trace the processes through which unevenness occurs within, but also far beyond, the city of Jakarta, Indonesia. We do this to show how the development of flood infrastructure in Jakarta is shaped by the logic of capitalism through mutually implicated tendencies of socionatural differentiation and equalisation. These processes render waters, resources and labour as similar across places and times to produce different spaces for different populations, within and beyond city boundaries. This theorisation reveals how the urban inequalities (re)produced by flood infrastructure are intimately linked to inequalities (re)produced through the urbanisation of the non‐city.