The Unification of Law in the Russian Federation

How have fluctuating approaches to federalism in post-Soviet Russia affected its legal system? This article examines the core legal subjects, processes, and institutions composing the Russian legal system. The source of legal changes, as Russian federalism has shifted from decentralized beginnings under Yel'tsin to the current centralized system under Medvedev and Putin, is evaluated. Seeds for centralization in the original 1993 Constitution and the roles of "top down," "bottom up," and "outside in" pressures to centralize the federal system are examined. The degree of unification and centralization of Russian law and the de facto nature of the legal system are analyzed.     

‘Donors are not interested in reality’: the interplay between international donors and local NGOs in Kyrgyzstan's HIV/AIDS sector

This article explores the interplay between international donors and local NGOs in Kyrgyzstan's HIV/AIDS sector. It argues that donors have transposed ready-made policies without sufficient consideration of the local context and that NGOs have responded strategically, adapting their proposals and reports to the expectations of donors. This complex interplay has resulted in unintended consequences that have undermined an effective response to the HIV/AIDS epidemic. It has given rise to ‘virtual realities’ detached from developments on the ground. The funding system has also led to corruption and misappropriation of funds and the failure of NGOs to become sustainable. Largely bypassing the state in the allocation of funds, international donors have also undermined an already weak state.     

Private authority and disaster relief: The cases of post-tsunami Aceh and Nias

Abstract

This article explores the rise of private authority in globalized disaster relief scenarios by looking at the case of nongovernmental organizations (NGOs) operating in Aceh and its neighboring region, Nias, after the December 2004 Indian Ocean tsunami. The author places the growing strength and presence of NGOs within the larger context of weak, cash-strapped local governments under decentralization schemes promoted by neoliberal economic policies and argues that under such conditions, private actors such as NGOs are gaining a legitimacy of authority once reserved exclusively for the state. In Aceh after the tsunami, five hundred NGOs began operating relief and recovery efforts on the island with little consultation with local Acehnese government agencies and community organizations. The article concludes by arguing that the example of Aceh, in which public and private parallel systems of relief and recovery have been operating raises long-term issues of accountability for all parties involved.     

Is Russia a militocracy? Conceptual issues and extant findings regarding elite militarization

The dominant paradigm for understanding contemporary Russia holds that Vladimir Putin's tenure in office has been accompanied by a massive influx of former KGB and military personnel – so-called “siloviki” – into positions of power and authority throughout the polity and economy. Claims of extensive elite militarization, however, are largely based on the analyses of only one research program and, moreover, the validity of the estimates produced by that research program is open to question on numerous grounds. In this article, we review existing research on elite militarization in Russia; discuss a series of conceptual and empirical issues that need to be resolved if valid and meaningful estimation of military–security representation is to be achieved; introduce new findings; and evaluate the totality of existing evidence regarding whether the Russian state under Putin deserves to be labeled a militocracy. We find that the most straightforward reading of existing data indicates that the percentage of siloviki in the political elite during Putin's first two terms as president was approximately half of that which has been widely reported in both scholarship and the media, and also declined during the Medvedev presidency. In addition, our analysis of a broader cross section of the elite estimates military–security representation during the Putin presidency to have been lower still. Overall, existing data paint a less alarming picture of the depths to which siloviki have penetrated the corridors of power since 2000 than has been commonly portrayed and thereby cast doubt on Russia's status as an “FSB state.” On the other hand, past trends also provide some basis for expecting that the numbers of siloviki will once again rise during Putin's current presidential term.     

梅德韦杰夫“去斯大林化的现代化”评析

近来,面对世界金融危机的严重冲击,俄罗斯总统梅德韦杰夫连续发表文章,就俄罗斯的未来发展提出新的战略思考,其核心是建立新型的现代化国家。除了继续强调创新发展、确定优先目标等内容之外,梅德韦杰夫突出强调了"去斯大林化的现代化"思想。"去斯大林化"指的是什么?"去斯大林化的现代化"对于俄罗斯具有怎样的现实意义?这一新的战略目标能否实现?有必要对这些问题进行系统的归纳与分析。     

The growing role of NGOs in ASEAN

The role and activities of nongovernment organizations (NGOs) in Southeast Asia are increasing, says JoAnn Fagot Aviel, Professor of International Relations at San Francisco State University. This growth is being encouraged both by the increasing emphasis, world‐wide, on regionalization and by the attempts by the Association of South East Asian Nations (ASEAN) to promote regional economic cooperation. Although in the past NGOs have been on the periphery of ASEAN, Aviel argues that the future of the Association may depend as much on the activities of NGOs as on those of ASEAN's governments and private enterprises. In this article, Aviel focuses on the role played by NGOs in the Asian region and their relationship with ASEAN. She predicts that NGO activity in Southeast Asia will continue to grow and forge links between people in the region.     

Symbolic state-building in contemporary Russia

Vladimir Putin has made state-building a central goal of his presidency and recent scholarship has demonstrated that Russian formal institutions have indeed been deliberately reformed. Unlike studies that ass’ess state-building vis-à-vis a particular outcome, our research examines what kind of state Russian political elites seek to build, and focuses on symbolic state-building strategies. To capture symbolic state-building in the Putin era, we examine the Pryamaya Liniya broadcasts: annual, high-profile TV broadcasts in which citizens pose questions to the president. We find that a broad range of formal institutions appear to be central to Putin’s state-building project, a finding that runs counter to claims that governance is largely deinstitutionalized, informal and personal. We argue that symbolic state-building seeks to reconcile personalism and institutionalism, by conveying a dual image of a state in citizens’ everyday lives – emphasizing both formal institutions, while also affirming Putin as the personal guarantor of the state’s authority.     

后苏联时期的俄罗斯政治领袖

政治领袖是苏联和俄罗斯政治体系中的关键组成部分,在后苏联时代的俄罗斯政治生活中占有特别重要的地位。俄罗斯政治文化一直偏爱强势而有个性的政治领袖,从1917年以来的苏联领袖大多都秉持了这一特点。改革派领导人戈尔巴乔夫由于自己的优柔寡断而丧失了对于改革乃至国家的控制,而与其个人风格和成长经历迥异的叶利钦经历了一系列复杂的政治斗争,最终成为了新生的俄罗斯联邦的领袖。他推动俄罗斯进行了激进的市场化改革,希望使俄罗斯走上以市场经济为特征的"文明之路",但由于复杂的国际国内环境以及政策方面的失误,这一尝试最终以失败而告终。虽然他是俄罗斯第一任民选总统,但叶利钦自相矛盾的执政风格、不稳定的心理状态和诸多生活上的不良习惯都令人诟病,他虽然赢得了竞选连任,但由于身体原因和杜马掣肘,很难有所作为。在经历了复杂的甄选之后,他选择了普京作为自己的接班人,并且帮助普京顺利当选。有克格勃背景的普京是一位具有开拓精神和无比坚韧的性格的领导人。在接任总理之后,很快凭借自己的超群才能,解决了车臣问题,并且有效提高了社会福利,从而迅速提高了自己的威望,以绝对优势当选总统。执政之后,普京很快推动了俄罗斯政治制度新的"转型",他通过除了暴力之外的一切手段强化国家权力,打击"寡头",取消地方选举,限制独立媒体,通过"西罗维基"掌控权力,最终使整个政权集中于自己的手中,形成了被称为"可控民主"或"主权民主"的普京体制。在八年任期结束后,普京拒绝了第三个总统任期,而选择了一项略显复杂的政治安排。将总统职务交给自己的亲信梅德韦杰夫,本人则以总理和统一俄罗斯党主席的身份继续参政,形成了一种特殊的"双头制"政权,直到2012年重返克里姆林宫。随着时代的变迁,俄罗斯正处于发展的十字路口。普京的重新执政对于俄罗斯未来的改革可能将会是一个积极的因素,因为他拥有足够的权力推动改革的进行。虽然面对诸多不确定的挑战,但仍然有成功的机会。     

Non-government Organizations,Villagers, Political Culture and the Lower Sesan 2 Dam in Northeastern Cambodia

The Lower Sesan 2 (LS2) Hydropower Project in northeastern Cambodia is presently under construction. As the largest dam to ever be built in Cambodia, it is expected to cause serious and widespread environmental and social impacts. This article analyzes, on the one hand, the relationships between Cambodian non-government organizations (NGOs) and villagers who will be negatively impacted by LS2, and on the other, NGO relations with the Cambodian state. While development actors frequently attempt to construct particular narratives in order to control development trajectories, this research demonstrates that such attempts can meet with serious resistance from local people, even when facing powerful opponents, including in this case NGOs that prefer to advocate for better resettlement and compensation conditions rather than for the cancellation of projects. Focusing on interactions, positioning, local agency, and the particular political culture of Cambodia, this article highlights the importance of particular types of patronage relations in Cambodia between NGOs and villagers, NGOs and the state, and associated territorialization.     

Collaboration gone awry: The formation of women’s shelters as public institutions in Turkey

Turkey is an interesting case in that its women’s shelters are mainly both established and run by public actors; in many other countries these institutions, though funded by public authorities, are mainly run by NGOs. By looking at the relationship between the feminist movement and the public authorities from the 1990s onwards, this paper argues that in the case of public women’s shelters, the engagement of non-public actors in policy-making processes has resulted in the perpetuation (rather than the retreat) of the state’s presence.     

俄罗斯的欧洲情结和西进战略

俄罗斯对欧洲一直持有特殊的情结。每一个历史变动时期,俄罗斯总会以欧洲为参照系和维度来思考俄罗斯的战略和命运。冷战后,俄罗斯面对的欧洲地缘政治环境又使它遭遇了欧洲难题。为此,梅德韦杰夫总统和普京总理先后提出了泛欧洲安全条约和欧洲经济新体系,初步形成俄罗斯对欧新战略的总体构想。但现实是,俄罗斯以自己的方式回归欧洲的进程依然面临巨大的困难。     

Diminishing returns: Russia’s participation in the World Trade Organization

Russia’s 2012 accession to the World Trade Organization was widely expected to spur economic growth and modernization, by helping the country abandon its import-substitution model and fully integrate into the global economy. However, thus far, Russia’s compliance record with its WTO commitments has been mixed, and WTO membership has given Russia limited economic benefits and few political gains. In analyzing why, this article uses neoclassical realism as a framework for assessing Russia’s behavior in WTO trade disputes and negotiations. During Russia’s economic recession, the regime of President Vladimir Putin advanced protectionist policies and maintained statist control over the heights of the economy, while using rhetorical strategies to counter accusations from Western powers that Russia had violated WTO norms. Russia’s struggling economy weakened its status as a global economic power, and it was viewed as unqualified to sit among the core group of negotiators in the WTO.     

伊斯兰原教旨主义与马来西亚穆斯林妇女

伊斯兰原教旨主义推动了马来西亚社会和政治的伊斯兰化,并影响到马来穆斯林妇女的权利和地位.本文从分析伊斯兰原教旨主义妇女观入手,探讨马来西亚政府、政党、宗教部门和非政府组织如何从法律、法特瓦、政策、宣传来规范妇女的行为,并分析联邦政府与州政府、执政党与反对党、乌来玛与非政府组织围绕妇女权利展开的争论和斗争.     

Perestroyka 2.0: Toward Non-Revolutionary Regime Transformation in Russia?

A political scientist examines the Medvedev presidency, asking whether a significant liberalization occurred between 2008 and spring 2012, the advent of Putin's return to the Kremlin. Drawing on the media and the academic literature, the article explores the proposition that that liberalization sparked many of the processes associated in the political science literature with both revolutionary and more transitional modes of regime transformation, including some initial regime transition pact-making. This pact-making and the maturity that both regime and opposition have so far exhibited are analyzed in terms of prospects for a peaceful mode of regime transformation that produces a democratic outcome.     

Home-grown strategies for greater agency: reassessing the outcome of civil society strengthening in post-Soviet Kyrgyzstan

This paper seeks to reassess the outcome of mainstream civil society promotion policies in post-Soviet Kyrgyzstan. While it agrees with critics that the distorting effects of funding relations have meant that the promised ‘grassroots citizen empowerment’ has not been achieved directly through NGOs, it does not agree that NGOs are therefore merely vehicles of the Western ideological agenda and international aid to the Kyrgyzstani population. It argues that the facilitation of international actors has opened up opportunities for individual NGO activists to pursue their own social and political development agendas. In recent years, some activists have begun to use these opportunities to develop strategies through which grassroots interests are represented to decision-makers, and citizens' abilities to represent their own interests are enhanced. The strategies adopted differ from the mainstream civil society model and have allowed some NGOs to function in a manner more relevant to the specific Kyrgyzstani context. This suggests that local Kyrgyzstani NGOs and activists should not all be written off as ‘artificial’ civil society, irrelevant to the dynamics of state–society relations.     

‘Paz,progreso, justicia y honradez’: law and citizenship in Alta Verapaz during the regime of Jorge Ubico⋆

Prospects for the ‘rule of law’ in the present are shaped by historical experiences of law by elite and non‐elite groups in the past. In this article I explore changing conceptions and practices of‘rights’and‘justice’as expressed in the legal and administrative encounters between indigenous people and state officials during the regime of Jorge Ubico (1931–1944). The extension of the state's coercive and administrative apparatus to remote rural areas, new legislation and changes in public administration transformed relations between working people, coffee fmqueros and the state in Guatemala. This implied new obligations and exactions for Mayans, but also provided them with new opportunities to contest and negotiate their conditions. Indigenous people strategically engaged with the law to contest the terms of their domination by elite actors and to mediate conflicts between themselves. As state ideologies of‘moral behaviour’led to increasing regulation of the private sphere, this was particularly important in the case of conflicts over gendered rights and obligations. Although formally excluded from the category of citizens, indigenous people used the official language and discourse of citizenship to further their claims, in turn reshaping Guatemalan nation‐state.     

俄罗斯修宪与普京长久国家

普京对1993年《俄罗斯联邦宪法》进行修改,俄罗斯将从叶利钦宪法过渡到普京宪法。1993年宪法是一部以超级总统制为特征的基本法,它保证了俄罗斯主权国家的建立和社会政治的稳定。但是这部宪法赋予总统的权力异常大,限制了其他权力机构和地方对决策的影响。修宪的目的是使权力机构更加平衡,运行更加有效。普京认为,修宪过程中必须遵守几个基本原则:俄罗斯只能是总统制共和国,不能搞议会制;俄罗斯不能出现双重权力,不能出现寡头政治;俄罗斯宪法高于国际法律和条约;重视劳动者、母婴、养老金领取者的社会保障。修宪能否实现俄罗斯政治进程从以保证社会政治稳定为主过渡到以发展为中心,是2024年以后俄国家领导人面临的主要任务。普京表示,如果人民有希望,宪法法院有裁决,不排除2024年继续竞选总统。     

Is It Putin or Is It Oil? Explaining Russia's Fiscal Recovery

What accounts for the sea change in Russia's fiscal health? This article evaluates several contributing factors: high world energy prices, economic recovery, new tax policies, and the consolidation of state power. By examining the fiscal politics under the Yel'tsin and Putin governments, this article seeks to uncover the relative importance of political and economic causes for the recovery of the tax state in the 2000s. While increased energy production and high world prices augmented the Russian tax base tremendously, the consolidation of power under Vladimir Putin heightened the Russian state's extractive capacity and has enabled Russia's fiscal recovery.     

Broadcasting agitainment: a new media strategy of Putin’s third presidency

This article argues that accounts of the Russian media system that tend to view the time from Vladimir Putin’s rise to power in 2000 as a single homogenous period do not capture major qualitative shifts in state-controlled media coverage. By analyzing the output of Russia’s two main television channels during Putin’s third presidential term, we identify a range of distinctly new features that amount to a new media strategy. This involves a significant increase in the coverage of political issues through the replacement of infotainment with what we term agitainment—an ideologically inflected content that, through adapting global media formats to local needs, attempts to appeal to less engaged and even sceptical viewers. Despite the tightening of political control over the media following the annexation of Crimea, the new strategy paradoxically has strengthened the constitutive role played by the state-controlled broadcasters in the articulation of official discourse.     

Labour Unrest in Vietnam and China: Insurgency or Contained Contention?

This article reviews three recent books on labour politics in Vietnam and China: Angie Tran’s Ties That Bind: Cultural Identity, Class and Law in Vietnam’s Labor Resistance; Jeffrey Becker’s Social Ties, Resources and Migrant Labor Contention in Contemporary China: From Peasants to Protesters, and Eli Friedman’s Insurgency Trap: Labor Politics in Post-Socialist China. These three books capture the changing patterns of labour unrest and labour institutions in Vietnam and China, which are accounted for by the social foundation of resistance as well as the political economy of capitalist development. Their main contribution to the existing literature is that they draw out the new dynamics and new venues within the state that can both enable and constrain labour resistance and struggle in these countries. However, this article also argues that these works have not adequately theorised the nature of change within the state and the role of the law in labour resistance. It therefore suggests that bringing in the law to socio-political institutions is essential to a research agenda that explores continuity and change in labour politics in Vietnam and China as transitional economies.