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.     

Heritage Monitoring Scouts: Engaging the Public to Monitor Sites at Risk Across Florida

ABSTRACT

Along Florida’s nearly 13,000 km of shoreline, nearly 4000 archaeological sites and over 600 recorded historic cemeteries are at risk from climate change impacts including coastal erosion and a 2-metre rise in sea level. In 2016, the Florida Public Archaeology Network (FPAN) created the Heritage Monitoring Scouts (HMS Florida) programme to engage the public in monitoring sites at risk. The programme grew quickly during the first year of operation to include 233 volunteers who submitted 312 monitoring forms. The programme exists beyond the singular act of a volunteer reporting site conditions; across Florida, varied combinations of local partnerships present unique opportunities for programmes, for example, the pilot program at the Guana Tolomato Matanzas National Estuarine Research Reserve. Preliminary outcomes from the first year of HMS Florida and the pilot indicate the programme is effective in public engagement and a powerful management tool for tracking change to sites over time.     

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.     

Heritage destruction and cultural rights: insights from Bagan in Myanmar

Recently, the UN Special Rapporteur in the field of cultural rights has stated that the intentional destruction of cultural heritage is a violation of cultural rights. The Rapporteur examines a timely issue but bases her statement on narrow understandings ‘heritage’ as irreplaceable and ‘destruction’ as ideologically motivated and aggressive. This reinforces hegemonic ideas about heritage and what constitutes its destruction. In this article, I discuss the case of Bagan in Myanmar to illustrate the limitations of the Rapporteur’s statement. In Bagan, whether and how ‘heritage’ should be protected has been the topic of controversy. By implication what is – or is not – considered intentional destruction is contested. Ambiguity about the meaning of cultural rights, the dissonant nature of heritage, the subjectivity of destruction, and complex multi-layered motivations behind ‘destructive’ practices make overarching statement about the destruction of cultural heritage and cultural rights violations too bold and call for more nuance and contextualised research.     

Running with the ball? Making a play for sport heritage archives in Higher Education contexts

For considerable time, academia (in particular, the Humanities) has been in an intellectual, economic and pragmatic par des deux with the culture and arts sector (in this case, heritage, museums and archives). In many ways, given their respective pursuits of scientific enquiry and learning, valuable contribution to a knowledge economy, commitment to public enlightenment, and exploration of critical and creative endeavour, a relationship between the sectors makes sense. Unity notwithstanding, the relationships have become increasingly now influenced by (en)forced contextual constraints (e.g. government policy development and intervention, neoliberal market forces, structural and ideological shifts in funding acquisition and allocation, patronage changes and demands, and/or individual political priorities). Drawing on education and heritage scholarship, and theoretical frameworks of sport culture spaces, this paper examines efforts undertaken at one specific Higher Education establishment in the United Kingdom in which institutional agendas (vis-à-vis historical and cultural foci, encouraging ‘impactful’ academic activity, brand exposure, economic efficiency, and community engagement) have contoured, and become entwined with, an embryonic sport heritage and archive project. Recalling similar arrangements elsewhere, the aim of this case study is to explore how the wider education and cultural policy context have precipitated an increasingly symbiotic and dependent relationship between university and cultural/arts initiatives. The paper considers how the impetus to develop a sports-based (basketball) heritage archive and study centre reflects the current fragilities of the two sectors, yet, concomitantly, reveals the potentials that might be developed from fostering greater intellectual and pragmatic alliances. The paper concludes by advocating the practical, political and ideological usefulness of network formation, sustainability measures and continued cross-sector dialogue.     

Views,use and reception of visualisations of development proposals impacting cultural heritage

Visualisations of land-use projects have become an important part of the planning process. Using a survey of heritage professionals’ attitudes towards visualisations as a starting point, this article addresses tensions between the expressed usefulness of visualisations and critical attitudes towards the lack of ‘objectivity’ of visual representation and the risk of manipulation for strategic purposes. Moving from the survey, the article discusses how visual representations of development proposals became part of a Norwegian public dispute over the expansion of a shopping centre in a historic town. Furthermore, our aim is to introduce a social semiotic approach for analysing visualisations at historic sites. Finally, we discuss some theoretical implications of negotiating visualisations, with emphasis on the recent debate about representational and non-representational theories in heritage studies.