Foreigners Everywhere,Nationals Nowhere: Exclusion,Irregularity, and Invisibility of Stateless Bajau Laut in Eastern Sabah,Malaysia

ABSTRACT

This article explores impacts of national and regional policies upon the Bajau Laut, who occupy the maritime border region shared by Malaysia, the Philippines, and Indonesia. It considers how maritime movements, ethnogenesis, visions for economic development and commercial interaction have evolved in the region. These processes, combined with contemporary nationalism, border securitization, and conservation render such populations both prominent as a target of governmental action and invisible in terms of provision of social services and implementation of conservation initiatives. These facets complicate issues of political belonging within the state of Sabah, the nation-state of Malaysia, and the wider ASEAN region.     

Politicizing connectivity: beyond the biopolitics of information technology in international relations

The traditional way of politicizing information technology (IT) in international relations is to raise questions concerning access. Rarely is the question posed of what IT does to people, how becoming connected subjectifies peoples, constituting them as a socius distinguished by properties and capacities of connectivity. Thus does this article address the biopolitics of connectivity; the implication of IT in liberal governance; the evolutionary posthumanism that has inspired faith in the governance properties of IT; and, crucially, the war and violence that are legitimated internationally on account of this faith. Following this critique it asks how to constitute an alternative politics of connectivity. How can we rework the concept of connectivity to conceive of alternative political horizons and possibilities? Exploring questions of the quality and intensity of connectivity, at expense of disciplinarily hegemonic ones of equality and quantity, the article engages with the rhizomatic theory of connectivity as advanced by Deleuze and Guattari.     

Recent legal developments

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On the dark side of the code: organizational challenges to an effective anti-corruption strategy

Corporations have been fighting for decades to eliminate corruption. However, despite the proliferation of compliance programs and a recurrent surge of interest in business ethics, commercial bribery prevails as a “rational choice strategy” for economic success and thus is widely regarded as the result of immoral choices of greedy individuals. This article reports on a modus operandi study concerning corruption within a large industrial corporation (Siemens AG). Results highlight the fact that neither consistent anti-corruption norms nor severe formal sanctions were able to deter certain employees from deviant behavior in this landmark case of structural corruption. Sociologists and business economists have both pointed to the organizational culture that provides an explanation for this paradox. The author compares three diverging hypotheses: (1) private gain, (2) cognitive normalization, and (3) organizational cultures, and concludes that the structural causes of corrupt practices fit the definition of ‘useful illegality’ (Luhmann). To a large extent, this old sociological concept resembles the criminological idea of corporate crime, but it emphasizes the cultural factors that undermine management’s preventive strategies, and thus holds the promise of theoretical progress. Implications that emerge from the case analysis for the social control of corporate bribe payers are discussed. The discussion reveals why challenges to successful anti-corruption efforts persist at the organizational level.     

Bringing Principles and Fairness to the Sentencing of Murder

The authors take a closer look at the current sentencing laws for murder and argue the need to change them. Expanding on the proposals described in the recently published book, Exploring the Mandatory Life Sentence for Murder, the authors provide a more detailed explanation for the new framework. The proposals suggest a new method of sentencing, and discuss how primary and secondary mitigating and aggravating favors can play a role in forming the suggested scheme. This article suggests that this method would constitute a more principled approach compared to mandatory life sentencing, by achieving higher levels of proportionality, greater consistency and restraint in the use of custody. While these proposals focus on the sentencing regime in England and Wales, the authors argue their relevance for other countries that also impose a mandatory life sentence framework.     

The Revolution in Security Affairs: Hard and Soft Security Dynamics in the 21st Century

The neat dividing lines between hard and soft, civil and military security are rapidly dissolving, requiring far more flexibility and causing much confusion as allies and partners have disagreed significantly about how to manage such complexity. Many Europeans continue to recognize only as much threat as they can afford. For them “soft” security often means no security commitment at all. Whilst America needs the European allies for its excessively “hard” security policy to work effectively, it refuses to recognize the extent of that need because of the implications such a recognition would have for control over security outcomes. Therein lies a dilemma, brought to public attention in the fight against catastrophic terror and the war in Iraq. This article explores how both sides of the transatlantic divide might begin to cope with this new set of problems, with a new set of relationships in a new set of ways.