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.     

The Phoenicians and the Ocean: trade and worship at La Caleta,Cadiz, Spain

The area of La Caleta, north‐west of Cadiz, is a key location for studies of the relationship between the Phoenician city of Gadir and the ocean. The port channel and the small islets that characterize the area was one the busiest sectors of the city, and there are abundant underwater remains attesting to past commercial activities. The area also had an important religious role: two sanctuaries were located at the western end of the rocky promontories that surround the channel, and many items identified as offerings have been found. This article synthesizes previous research and provides an overview of the results of a recent project (2008–2010), which enables a thorough review of the development of the seascape and its use during the 1st millennium BC.     

The Ereğli E Shipwreck,Turkey: an early Hellenistic merchant ship in the Black Sea

A shipwreck from the early 3rd century BC was discovered in the Black Sea's suboxic depths off Ere?li, Turkey, during the 2011 E/V Nautilus expedition. Remote investigation revealed the trawl‐damaged remains of a merchant ship carrying multiple amphora types associated with Aegean and Pontic production areas. Also discovered were elements of the ship's hull that show evidence of both pegged mortise‐and‐tenon and laced construction. The wreck provides crucial archaeological evidence for both maritime connectivity and ship‐construction methods during a period of political and economic transition.     

La Méditerranée solide: un espace double en construction

There exists a space of the ‘solid Mediterranean’. This concept was first proposed by the Annales’s co-founder Lucien Febvre in 1944–45, during a course on Europe in the longue durée. The flexible borders of this double space, both conceptual and contextual, remain in construction within the on-going and global reality of the solid Mediterranean’s space. The comparative history of European societies promoted during the interwar period by Marc Bloch, the other Annales founder, contributes to the construction of said space. Examining this space allows us to concretely articulate scales of analysis from the local to the global. The article is based on a comparative analysis of two Italian and Spanish cases that appear to be particular and paradigmatic (‘exceptional normal’, Edoardo Grendi) of – respectively – Italy’s so-called ‘southern question’ (questione meridionale) and the Spanish ‘agrarian question’ (cuestión agraria). Thus the article helps to conceptualize the space of the Méditerranée solide, marked by the complex and long-term Southern European question. The article compares Il Ministro della mala vita (The Minister of the Corruption, 1910) by historian Gaetano Salvemini and Del caciquismo trágico (On Tragical Caciquism, 1913) by republican journalist Pedro Torres. Through these ‘exceptionally normal’ case studies, taken together and explained reciprocally, it is possible to better understand the space of the solid Mediterranean. The social realities of the Spanish cuestión agraria and the Italian questione meridionale, as well as the conditions of local historiographical production on such realities are, indeed, a consubstantial part of the European transnational, global space of the ‘solid Mediterranean’.     

Spatializing transnational history: European spaces and territories

This article introduces the dossier ‘Spatializing Transnational History: European spaces and territories’. It examines the intersections between transnational history and the so-called ‘spatial turn’ in social sciences, and points at future directions in historical research. It reviews two main different methodological approaches to the problem of space in transnational, comparative and global history and examines recent contributions on the history of territory. Finally, it introduces the contributions to this dossier, which approach the history of modern Europe from a number of transnational and spatial perspectives. The dossier argues that incorporating a combination of spatial approaches, ranging from the examination of transnational spaces, to the interplay between different scales of analysis, and to the historicization of territoriality, into the practice of transnational, comparative and global history may contribute to a deeper, wider and more complex understanding of ‘Europe’.     

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.     

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.