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.     

Former Nazi Officers in the Near East: German Military Advisors in Syria, 1949–56

In the early days of the Cold War, Syria was the first Arab country where former officers of the German Wehrmacht played an active role as military advisors. This was due, in part, to the fact that Germany was not burdened by its past political relations to Arab states for, in contrast to the Western powers, Germany which had never had territorial ambitions in the Near East. Even in the very early stages, German advisors contributed considerably to the development of Syria's armed forces and military intelligence. The advisory activities of German experts became even more intensive as a result of increased trade between the two countries; however, in 1956 the political situation in Syria worsened and the country began moving towards the Eastern Bloc putting an end to the non-official activities of German military advisors.     

The 1892 General Election and the Eclipse of the Liberal Unionists

This article seeks to establish that the 1892 general election marked a major change in the relative positions of the parties in the Unionist alliance. Not only did it reveal the limitations of the Liberal Unionist Party's strategy and appeal in an age of increasingly organised, mass politics, but it also acted as a brake on the ambitions of the new leader of the Liberal Unionists in the house of commons, Joseph Chamberlain. It argues that the Liberal Unionist Party suffered a more severe setback in 1892 than has been recognized hitherto and that Chamberlain's attempts to revive his party both before and after the general election were now prescribed by the reality of the political position in which the party now found itself. Rather than regarding the fluid political circumstances of the 1890s as the outcome of an emerging struggle between increasingly polarised ideologies, it seeks to reinforce the significance of local political circumstances and the efficacy of party management in the growing dominance of Lord Salisbury and Arthur Balfour and the Conservative central organisers.     

明代年例银制度形成探论

明代年例银制度是经过长期演变逐渐形成的一项军事供给制度。宣德十年(1435)首先出现京运银,历经景泰、天顺时期,京运银两中有一笔银两开始向"岁例"发生制度性转变的趋势;成化、弘治之际,"常数"、"岁运"、"岁例"、"年例"、"年例银"等名称的出现是这笔京运银两制度化发展的结果,标志着明代年例银制度的初步形成;嘉靖十六年(1537)年例银一年一发的规定以及年例银会计预算制的出现,意味着明代年例银制度的完全确立。年例银制度的形成和确立,改变了明代国家的军事供给体制,是明代军事财政史上的一个重大变革。     

A. V. Dicey and English constitutionalism

The jurist A. V. Dicey’s study of the Law of the Constitution (1885) has been since its publication the dominant analysis of the British constitution and the source of orthodoxy on such subjects as parliamentary sovereignty and the rule of law. This canonical status has obscured the originality of Dicey’s ideas in the history of legal and political thought. Dicey reworked the traditional idea of sovereignty into two separate concepts – legal and political sovereignty – in order to square the common law notion of the sovereignty of parliament with the democratic idea of the sovereignty of the people. He forged a new concept – ‘the rule of law’ – to explain the legal basis of liberty in common law countries in a manner that was both Benthamite and constitutionalist. Finally, he provided a democratic and anti-federalist rationale for maintaining the Union of Great Britain and Ireland. This majoritarian, centralist and utilitarian constitutionalism has been one of the most enduring products of Victorian scholarship. This article seeks to recover it in its original context and, in so doing, to show the value of reintegrating legal thought into the mainstream of modern British history and the history of political thought.     

‘Talking Itself Out of a Political Future’: Education and Australian Army Engagement with Papua New Guinean Independence, 1966–72

The Australian Army, while having a long association with Papua New Guinea after the Second World War and before independence in 1975, is often conceptualized as a small player in the decolonization process, of interest to scholars because of its cost and potential threat to democratic government. This article examines the Army’s education programme and associated policies in the decade before independence to argue that the institution was acutely aware of looming decolonization, and actively sought to create a national Papua New Guinean military by repurposing policies originally designed to serve Australia’s defence needs, in particular through ‘civic’ education. It embarked on this path without direction from the Department of Territories. While the results of ‘civic’ education are difficult to determine, this article shows that the Australian Army was engaged in the profound shifts occurring around it in Papua New Guinea.     

Co-chairing Asia-Pacific defence diplomacy: the case ASEAN Defence Ministers’ Meeting Plus

This article assesses co-chairs’ roles in affecting the outcomes of Asia-Pacific defence diplomacy, which have been under-examined. Attempting to mend this intellectual gap, our study examines: ‘What shapes specific agreement details?’ We contend that co-chairs’ effectiveness is not borne out of resource possession but in fact derived from their ability to manage the resources. In order to be effective, co-chairpersons must convert the available resources at hands into bargaining leverage. To validate our argument, empirical analysis of military medicine (MM) collaboration under the ASEAN Defence Ministers’ Meeting Plus (ADMM-Plus) framework was conducted. We demonstrate how the Thai and Russian co-chairs altered the bargaining dynamics to shape the outcomes regarding the ASEAN Center of Military Medicine (ACMM). Insights from our analysis not only extends the existing academic literature on Asia-Pacific defence diplomacy and international negotiation, but also provides practitioners with lessons useful for conducting defence diplomacy and enhancing security cooperation in the Asia-Pacific and beyond.     

现代化进程中的民主与威权--对巴西1964年军事政变经济根源的个案研究

根据传统的西方现代化理论,欠发达社会的现代化进程中,经济发展与政治民主是同步发展、相互促进的。但20世纪60年代以来非西方国家的政治发展现实对这一观点提出了挑战。在巴西,经济现代化带来了威权主义,而非民主政治。其原因在于巴西的现代化模式进口替代工业化的发展过程中,必然出现通货膨胀和国际收支危机,经济的进一步发展要求首先实行经济紧缩,而经济上的紧缩则要求政治上的权威。巴西1964年的政变虽只是一个个案,但它表明,不能用西方现代化“和谐的”、“直线的”道路来分析第三世界国家的现代化。     

Troubled Traditions: Female Adaptive Education in British Colonial Africa

This article examines African female education reform between the wars as a conjuncture of transnational philanthropic initiatives and state and missionary objectives on the ground. Through a comparative treatment of four schools in West, East and South-Central Africa, it shows that the search to recover and re-create the authentic African subject was a gendered process that aimed to critique one brand of colonialism (settler and industrial capitalism) by bolstering another (indirect rule). The schools at Achimota (Gold Coast), Kabete (Kenya), Hope Fountain (Southern Rhodesia) and Mbereshi (Northern Rhodesia) all idealised women’s traditional education as the key to offsetting the dangers of modernisation and preserving the integrity of the social body, and ‘adapted’ their curricula accordingly to their perception of women’s normative economic and social roles. However, the internal contradictions of this project stymied any possibility of implementing it in a cohesive way, and even its advocates and architects were often forced to admit the limits of tradition as a coherent logic or redemptive force. The gendered contours of adaptation, therefore, showed the potential of education to destabilise as much as to reinforce the shifting paradigms of the colonial project.