Community resistance and the role of justice in shale gas development in the United Kingdom

Global energy policies embracing a transition to unconventional oil and gas development are hallmarks of many developed nations. Among these, the United Kingdom has framed the development of shale gas as one means to transition from high-carbon fossil-fuel consumption to low-carbon alternatives. Yet the introduction of this industry and recent legislation associated with it have not been without controversy. Communities throughout the United Kingdom are engaged in sustained debates concerning climate change, health, the scale of extraction footprints, securitisation, and governance. Places such as Kirby Misperton, the focus of this article, are representative of many villages where questions abound about the role of justice at all stages and scales of governmental decision-making. Using a legal geographic lens, this article examines narratives among local residents who are actively resisting the arrival of unconventional gas. I consider how the relationships between and among energy transition, policy, and justice have been interpreted by communities and argue for inequity and risk to be addressed in more transparent ways. I contend that highlighting counter-narratives remains essential if powerful arguments by governments and others are to be negated. Fundamentally, true justice can only prevail when all stakeholders are considered legitimate and their opinions valid.     

The many shades of grey in urban governance: How illegality shapes urban planning,policy and development

Most research on urban planning, policy and development only considers legal practices and actors, and treats illegal ones as insignificant anomalies, unable to structurally affect the governance of urban space. However, this approach is inadequate for explaining urban governance in contexts (e.g. several countries in the Global South, the former Soviet bloc and Southern Europe) where illegal practices such as corruption and organized crime infiltration are widespread in many public and economic sectors. This paper addresses the role of illegal actors and practices in urban governance in the Italian context, using urban regime theory as the theoretical frame of reference. The research centres on the analysis of two case studies in the city of Rome (the In-between world investigation of a criminal network that had infiltrated the local administration and shaped several urban policies, and the investigation of episodes of corruption related to the project for the new A.S. Roma soccer stadium). It shows the existence of two shades of ‘grey urban governance’: firstly, the presence of a dark urban regime, centred on a criminal organisation and parallel to the ‘regular’ one; secondly, the use of corruption as a customary practice with which real estate entrepreneurs influence municipal decisions. Overall, this research contributes to moving away from a rhetoric of ‘gentlemanly’ urban capitalism and politics, and suggests the need to revise several aspects of urban regime theory – as well as other approaches to urban governance dynamics in general – in order to incorporate the role of illegal actors and practices.     

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.     

Pursuing Moral Governance

A millennium ago in Northern Song (960–1127) China, Emperor Huizong initiated the “Eight Virtues of Conduct” in order to recruit morally upright officials. In place of the candidates’ skills in literary composition and understanding of the Confucian classics, this scheme adopted candidates’ moral virtues as their major criterion of selection. This paper analyzes how this scheme was implemented. It also shows that the rejection of certain genuinely virtuous nominees and the recruitment of some candidates who had exhibited objectionable conduct somehow compromised the emperor’s ideal. This analysis is followed by a discussion of the political and social implications of the scheme. Instead of perceiving this promotion channel as a means for Huizong and Chief Councilor Cai Jing to eliminate dissidents and install ideological conformity, the author argues that the scheme was an initiative of the emperor to counter the chief councilor’s dominance and alleviate factional conflicts. The final section examines the extent to which this scheme facilitated social mobility in the Song dynasty.     

Fostering and planning urban regeneration: the governance of cultural districts in Copenhagen

Policy-makers and urban planners struggle to find the right formula to implement urban regeneration processes based on cultural assets, often focusing on the desired outcomes, but rarely questioning how the policy process can shape them. This paper examines different governance models for the implementation and organization of cultural districts, and evaluates how they can affect their actual realization by investigating three cases in Copenhagen, Denmark. The deindustrialization of Copenhagen left many of the city’s harbour areas disused and in turn provided the opportunity to develop three new cultural districts in the city centre. The paper contributes to the literature on cultural districts by matching specificities and contingencies attached to a particular urban area with the governance model adopted for its development. The paper claims that temporal experimentation has to be included in cultural planning and a mix of bottom-up and top-down approaches is more desirable than both a totally unregulated initiative and a real estate-driven development and a totally unregulated initiative, as it ensures that initiatives remain financially viable and that the creative workers and companies retain a certain control of the area development, and in turn counteracts gentrification.     

Australia’s relations with the European Community in a historical perspective: an elusive partnership

ABSTRACT

In 2015, Australia and the European Union successfully negotiated a Framework Agreement. This agreement is an essential step in establishing a stronger Australia–European Union partnership and achieving closer bilateral cooperation. For years, negotiating such an agreement had proved impossible. In the 1970s, successive Australian governments showed interest in enhanced collaboration with the European Community, but the political climate for closer relations was far from encouraging. This article explains why this was the case. In doing so, it also explores how the Whitlam and Fraser governments envisaged, framed and developed Australia’s ties with the European Community in the 1970s, and asks whether a more positive approach on their part could have led to a stronger relationship. Based on recently declassified government files, this article shows that although both Whitlam and Fraser fully grasped the importance of the European Community as an emerging international actor and were willing to deepen Australia’s ties with it, significant constraints existed against enhanced bilateral cooperation. With the Common Agricultural Policy still a considerable challenge to Australian economic interests and with the European Community focused mainly on the management of its internal market, broader political considerations were inevitably relegated to the margins of Australia–European Community consultations.     

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.     

Governance,public policy and boundary-making

This symposium draws attention to innovative and emerging research in Australian public policy exploring the interplay of governance, public policy and boundary-making. Conceptually and substantively, boundaries are fundamental to understanding policy outcomes, yet remain overlooked and undertheorised. We aim to contribute to public policy debates, in Australia and beyond, by provoking further reflection on this theme, in particular, the distributive effects of boundaries in policy-making; the blurring of boundaries implicit to governance frameworks; the crossing of boundaries, especially by policy-officials within and between institutions; the construction of boundaries to separate and marginalise; and the existence of temporal–spatial boundaries that demarcate jurisdiction and authority. In short, the study of governance and public policy-making is marked by multiple different types of boundaries but the way in which boundaries get drawn and redrawn is also suffuse with political contestation meaning they raise crucial questions about the exercise of power.     

‘I call the people.’ Church bells in fourteenth-century Catalunya

Bells were an inescapable part of fourteenth-century urban life. They signalled the hours of the day and times for prayers; they warned of tempests and enemy armies; they heralded masses, funerals, and deaths. The pealing of bells brought men, women, and children together, choreographing communal behaviour in time and space. Bells echoed the vox Domini, calling out the deaths of holy men and women, celebrating the working of miracles. The ubiquitous presence of bells reflected the omnipresence of God in the medieval world. Their echoes transformed private moments into collective experiences, elevating the mundane into the miraculous. Scholars have rarely examined the religious aspects of bells, looking instead at their more practical side, especially their utilisation as markers of time and the allegedly concurrent rise of mercantile culture. This article approaches bells from the viewpoints of those men and women who heard them and wanted them rung. Focusing on sources from Christian clerics, we see that medieval men rang the bells with clear, but many possible, purposes in mind. By marking time and prayers, Christian church bells helped to create and facilitate communities within dioceses, spurring and choreographing their actions. During funerals, bells broadcast private moments, giving them communal significance. The transformative, creative function of bells is clearest in their role in miracles. In Manresa, the vision experienced by a few became a community affair when the church bells gathered the people; the bells transformed an ordinary day into one where the people, as a community, received divine favour. Finally, with the deaths of holy persons, the tolling of bells transformed private, even anonymous deaths, into moments of wonder as God’s hand touched the world.The pealing of bells defined Christian communities in the Mediterranean and, at the same time as rulers and elites throughout the region were seeking to control minority groups, those same groups were seeking to exercise control over the sounds within their own communities. Through the pealing of bells, churchmen across Catalunya sought to direct the thoughts and prayers of their listeners. When the Christian clerics of Catalunya rang their churches’ bells, they had specific aims in mind, yet, as the evidence demonstrates, the pealing of the bells never meant just one thing. This article demonstrates that there is much more to understanding medieval bells than knowing ‘for whom the bell tolls’; we have to look at the listeners as much as the ringers in order to understand their cultural significance in medieval Europe. This article is a first step in how such a study could be begun.