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.     

Testing settlement models in the early Roman colonial landscapes of Venusia (291 B.C.), Cosa (273 B.C.) and Aesernia (263 B.C.)

This paper examines settlement density and settlement patterns in the Roman colonial territories of Venusia, Cosa and Aesernia, located in three different landscapes of central southern Italy (modern Basilicata, Tuscany and Molise). Using a series of GIS tools, we conducted a comparative analysis of the density and spatial distribution of sites dating to the Hellenistic period (ca. 350–50 b.c.). We used the legacy settlement data collected by previous large-scale, intensive, site-oriented field surveys to test the validity of two competing rural settlement models of early Roman colonization: the conventional model of neatly organized settlements regularly dispersed across the landscape and the recently proposed theory that colonists adopted a polynuclear settlement strategy. After calculating the extent to which the archaeological datasets conform to the regular or polynuclear model, we conclude that only a very small portion of the colonized areas actually meets traditional expectations regarding the organization of early colonial settlements. Our analyses show that the legacy survey data is more consistent with the polynuclear settlement theory, but the data also reveals some completely unexpected patterns, suggesting that early Roman colonial landscapes were more diverse than previously thought.     

Human adaptation and socioeonomic change in northeast China: Results of the Fuxin Regional Survey

Northeastern China is one of the centers of early development of agriculture and sedentary life, as well as of the subsequent development of social complexity and distinct cultural attributes. While the outlines of this trajectory are clear, its important details are still elusive. Like all other regions of northern China, there is little data on the all-important transition from nomad hunter-gatherers to sedentary agriculturalists. The Fuxin Regional Survey was designed as the first step in accumulating new data and addressing the geographic and ecological contexts of these socioeconomic processes. Among the most remarkable results of this survey is the identification of early ceramics, which possibly predate the transition to agriculture. The systematic collection and analysis of stone tools was done in a way never before done in this region. Analysis of our findings, using GIS and other methods, sheds new light on the local trajectory of human adaptation in this area.     

Ancient Microbial DNA in Dental Calculus: A New method for Studying Rapid Human Migration Events

Ancient human migrations provide the critical genetic background to historical and contemporary human demographic patterns. However, our ability to infer past human migration events, especially those that occurred over rapid timescales, is often limited. A key example is the peopling of Polynesia, where the timing is relatively well defined, but the exact routes taken during the final stages and the source populations are not. Here, we discuss the technical limitations of current methods for inferring rapid human migration events, using the final stages of Polynesian migration as an example. We also introduce a promising new proxy method to infer human migrations—patterns of bacterial evolution within ancient dental calculus (calcified plaque). While we focus on Polynesia, this method should be applicable to other past migrations, enhancing our understanding of human prehistory and revealing the crucial events that shaped it.     

The Wadi al‐Hijr (Sultanate of Oman) in the third millennium BC

In 2010–11 a pedestrian survey of the western end of Wadi al‐Hijr in northern Oman identified 1507 archaeological features in a 124 km² area. Data were collected on each feature's architectural characteristics, associated artefact assemblages, topographic and environmental locations, condition of remains, and relations to other archaeological features. The majority of datable features belong to the third millennium BC and divide unequally between the Hafit and Umm an‐Nar periods. While the majority of these third‐millennium BC features were tombs, other feature types were identified, including towers, settlements, quarries, dams, enclosures, and possible platforms. Third‐millennium BC features were organised into clusters and ranged considerably in size, from a few features to several hundred. All of the clusters established during the Hafit period were maintained in the Umm an‐Nar period, suggesting a continuity throughout the third millennium. Some preliminary hypotheses regarding settlement patterns are suggested.     

The political will and the administrative won't? Mathieu Thomassin and his dauphins (Charles III and Louis II)

The delphinal counsellor Mathieu Thomassin composed a Breviere des anciens droys … du Dauphiné de Viennoys (c.1453) after a career of 30 years in the service of Charles III (the French king Charles VII) and Louis II (the future Louis XI). This was his first major historical text in French, but has been overshadowed by his better-known Registre delphinal, commissioned by Louis II in 1456. This article analyses the historical culture and the conception of history revealed in the Breviere. It notes how Thomassin's careful definitions of frontiers in the past and present reflect his experience of territorial disputes. History and geography are imbued with polemic, however, allowing Thomassin to override competing claims to territory or autonomy by delphinal opponents within and outside the Dauphiné. The principles set out in the Breviere were refined and extended in the Registre. However, it is unlikely that either work was ever intended for wide circulation; rather, they were written to provide ‘authentic’ texts which could be consulted primarily by other delphinal officers. As such, they reflect on occasion the divergence of views between a proto-professional administrator, with a concern for the long-term, and his preoccupied (if not dilettante) prince, much more subject to the requirements of realpolitik.     

聚落群再研究--兼说中国有无酋邦时期

本文分析了聚落群的产生发展过程、基本特征和性质。指出其早期阶段是部落,晚期阶段大都是古国,聚落辟经历了从部落到国家的发展过程。论述了国家的起源。认为酋邦和消亡阶段的部落无大区别,中国不必划分酋邦时期。     

Multiple Histories: Three Journeys through Academic Records,Medieval Yemen,and Current Anthropology's Encounters with the Past

This chapter sets out to reconsider the interrelation and non-identity between tribal and kinship relations in South-Western Arabia's history through three cumulative methodological steps that are in part inspired by renewed debates on kinship in anthropology, but also by the École des Annales and other historians such as David Sabaean. A first step identifies different legacies of interactions between history and anthropology in the Euro-American academic record after 1945, and specifies their relevance for today. In a next step, prevailing relations between tribal structures and kinship relations will be assessed through a long-distance comparison between the medieval constellations in the Zaydi highlands of Yemen and elsewhere in Asia for an eleventh century time horizon. Thirdly, the outcome of this comparative analysis should then provide some indicators for a fresh assessment of existing source materials through anthropological perspectives, with special emphasis on gender, kinship and hierarchies. The argument concludes with a discussion of “multiple histories”, and how to approach and write them.     

A Viking Ship Graffito from Kilclief,County Down,Ireland

Deep ploughing near Kilclief, County Down, near the site of an early monastery, disturbed a large quantity of buried stones. One of these displayed a Viking‐type ship with a furled sail. Decorative artwork on the stone suggests an 11th‐century date. The ship displays close similarities to Viking ship graffiti in Viking Dublin and in the Scandinavian homelands. This article describes the decorated stone and suggests that it represents an Irish ship constructed in the Viking style. Documentary sources indicate that ships were being granted by an Irish over‐king to a local king of this area at this time.     

Sorcery and Warfare in the Eastern Highlands of Papua New Guinea

Sorcery and warfare are closely interrelated in the Eastern Highlands of Papua New Guinea. In contrast to other areas of the Highlands, sorcery in large parts of the Eastern Highlands is considered to be an exclusively male domain, and violent retribution for deaths attributed to sorcery is primarily directed against other communities. Thus, sorcery accusations have the tendency to escalate to large‐scale inter‐group warfare, often causing additional casualties. Sorcery beliefs have undergone changes during the colonial and postcolonial era, with new forms of sorcery proliferating, and the zones of safety from sorcery shrinking, due to demographic and economic changes. Sorcery accusations were triggers for the resumption of warfare during the late 1970s and 1980s, and they remain pertinent to outbreaks of hostilities today. In fact, the majority of armed conflicts between 1975 and 2006 among a sample of Fore, Auyana, and Tairora communities in the Okapa and Obura‐Wonenara districts of the Eastern Highlands Province are connected to sorcery beliefs and sorcery accusations. These sorcery accusations are the result of uneven economic development and failure to deliver basic social services. When violence is threatened, local leaders try to mediate the hostility, but the state seems unable to offer alternatives for the peaceful settlement of conflicts.