Negotiating Natural Resource Conflicts: A Study of State Practices,Peasant Mobilisation and Sub‐National Government in the Peruvian Andes

This article explores the dynamics of natural resource conflicts and local government in the Peruvian Andes. Recent publications have found that efficiency and democratic accountability in local government are key variables for mitigating conflict. By focusing on the ethnographies of two conflicts and as participant observers within local government, we argue that by re‐framing the analytical focus within local histories and current practices of natural resource conflicts, we can better make sense of the dynamics of current land politics. The article presents a sequential framework that explores key moments of the relations between the state and peasant communities during natural resource conflicts. Through this framework, we argue that natural resource conflicts are negotiated in a sphere of politics that transcends the state's institutional and legal limits.     

Chinese networks and enterprise development: Malaysian investments in China

This study assesses the argument that common ethnic identity has facilitated the creation of transnational business networks leading to the rise of a new economically powerful “global tribe” comprising ethnic Chinese from East and Southeast Asia. The primary contention in this article is that a network with the economic clout of a “global tribe” would entail interlocking stock-ownership ties, a sharing of resources and cooperation to the point of merger. Through an in-depth analysis of investments in China by ethnic Chinese from Malaysia, this article proves that even major Chinese-owned companies have little or no interlocking stock ownership and directorate links, either domestically or across borders, with other Chinese-owned companies. The growing inflow of investments into China by ethnic Chinese from Southeast Asia is primarily due to endeavours by government leaders in the region and China to encourage businesses to invest in the Mainland.     

Does Moderation Pay in a Consociational Democracy? The Marginalisation of the SDLP in the North of Ireland

A central question in the debate between “centripetalists” and “consociationalists” concerns whether power‐sharing arrangements provide incentives for moderation. This article helps to formulate an empirical answer through an examination of the electoral decline of the Social Democratic and Labour Party (SDLP) following the Good Friday Agreement (GFA) in the North of Ireland. Drawing on primary qualitative interviews with key players, this article argues that the SDLP were electoral losers under a system of ethnic out‐flanking. Sinn Féin has successfully presented itself as the “greener” and more robust representative of nationalist interests, whilst simultaneously moderating its message and operating the institutions of Northern Ireland. Sinn Féin has taken ownership of the GFA and has positioned itself as the party best able to ensure its delivery. Sinn Féin’s rights‐based agenda, and vibrant electoral machine, has resonated with the nationalist electorate who are less sure of what the contemporary SDLP stands for.     

大湾区框架内澳门与珠海法律衔接与协同立法

以澳门和内地的客观现实差异,实现完全的法律统一,是不可能的,也不符合“一国两制”精神。目前粤港澳大湾区建设为澳门和广东之间特别是澳门与珠海之间通过协同立法的方式实现立法协调和法律衔接创造了条件。澳门和珠海之间协同立法旨在充分利用澳门特别行政区立法权和珠海经济特区立法权,针对“一国两制”条件下澳门和内地互涉事务纷繁复杂、缺乏经验和范例、不确定的因素在所难免的实际情况,先就互涉领域或需要法律规则衔接的领域的立法事宜取得共识,再通过各自的立法程序制定、修改法律或具有普遍约束力的规范性法律文件,以便最大限度地减少法律冲突及其不利后果,因此,协同立法本质上是新型“法制协调立法”。     

Remembering the family home: emotions,belonging, and migrant men in multicultural Australia

Abstract

The article opens a space in which to discuss migrant men's emotions and their engagement with family life. It focuses on Australia's Goan community to explore the fluidity of ethnic identity and its relation to remembered family and childhood. The article suggests a “family” that is not only a domestic home but is constituted across both time and space. The men's memories of their childhood and family life prior to arrival in Australia are central to their constitution of self within Australia. These memories provide the men with the emotional means to contest their positioning in Australia's multicultural framework. The men's memories of childhood are experienced beyond domestic and multicultural spaces, making remembered families an important part of their work lives and sense of success in Australia.     

Democratization Through Contention? Regional and Local Governance Conflict in Peru

Social conflict in Peru has increased dramatically since 2004. The economic origins of these disputes, which result mostly from the growth of mining operations, have received considerable scholarly attention. The emergence of collective action directed at the performance of regional and local government, however, has received little notice. This essay examines Peru's regional and local governance conflicts on the basis of hundreds of reported cases. It investigates the nature of these episodes and the strategies adopted by community organizations to get their complaints addressed. It finds that the political opportunity of the posttransition period, dissatisfaction with government performance, and new participatory rights have helped to give rise to such collective action. Community protagonists choose between institutional and noninstitutional strategies but often combine them to help ensure success. Maintaining legitimacy proves essential to both sides. This article argues that these events represent both constraints and favorable developments for subnational democracy in Peru.     

First Movers,Democratization and Unilateral Concessions: Overcoming Commitment Problems and Negotiating a “Nationwide Cease-Fire” in Myanmar

ABSTRACT

The article argues that “first movers” and the bandwagoning effect they trigger can undermine the dynamics that perpetuate civil war and enable a multiparty cease-fire agreement. It looks at the unprecedented “nationwide” cease-fire in Myanmar reached between the government and several ethnic armed organizations in 2015. It shows that democratization and unilateral concessions by the Myanmar government were instrumental in overcoming the commitment problem and provided the necessary incentives for “first movers” to set the stage for a broad cease-fire agreement.     

Maritime Disputes,Sovereignty and the Rules‐Based Order in East Asia

In recent years, maritime sovereignty disputes have become highly visible microcosms of broader contests between security orders in East Asia. Escalating tensions over seas provoke questions about how historical and territorial conceptions of sovereignty map onto maritime areas, and the continuing effectiveness of the so‐called “rules‐based order” in maintaining regimes for deciding jurisdiction of islands, rocks and other maritime land features. The paper examines sovereignty claims and the international law of the sea across various cases, including the contested claims over Dokdo/Takeshima, Senkaku/Diaoyu Dao and China's nine‐dash line. These case studies reveal the tensions between two legal regimes: territorial rules of acquisition (sovereignty) and the United Nations Convention on the Law of the Sea (UNCLOS). This article concludes by considering the ways that the symbolic nature of these disputes has implications for the capacities of UNCLOS and other legal instruments in the US‐led “rules‐based order” to establish orderly relations among states in the maritime arena.     

“Hybrid Governance” and the Politics of Legitimacy in the Myanmar Peace Process

This article examines competing claims to political legitimacy and sovereignty in Myanmar’s conflict-affected areas of “limited statehood.” In the context of ceasefires and an emerging peace process since 2012, non-state-controlled “liberated zones” and areas of mixed insurgent and government authority constitute new political spaces, where multiple state and para-state actors demonstrate governance authority, extract resources and provide services to local communities. This article explores the dynamics and implications of these developments with reference to the emerging literatures on “rebel rulers” and “hybrid governance,” and examines the practices of donors and aid agencies operating in these areas. I argue that external actors seeking to “think and work politically” should move beyond standard peace-building and development packages based on strengthening the state, and adopt more conflict and context-sensitive approaches. Effective state building should take account of governance structures and service delivery functions established by ethnic armed organisations, which although under-resourced enjoy significant political legitimacy.     

The Theological Underpinnings of Australia's Constitutional Separation of Church and State Provision

The Australian Constitution contains two provisions concerning religion: a reference to “Almighty God” in the preamble and a provision denying the Federal Parliament power to legislate in respect of religion. The inclusion of those two provisions by the National Australasian Convention, which met from 1897 to 1898 to draft the Australian Constitution, was in large measure a result of political campaigns undertaken by competing religious groups. The first group, the Councils of Churches in each colony representing the main Protestant denominations, agitated for a constitutional “recognition” of God. The second group, the Seventh Day Adventists, campaigned against any constitutional recognition of God and for the inclusion of a provision limiting the Federal Government's power in respect of religion. The Adventists held fears that constitutional “recognition” of God would empower the federal parliament to pass nation‐wide Sunday observance laws. This article explores the theological and legal thinking of the Seventh Day Adventists to explain how they came to believe what, on a strict legal analysis, was highly implausible.     

Hooking Workers and Hooking Votes: Enganche,Suffrage, and Labor Market Dualism in Latin America

Labor market dualism—the segmentation of workers between formal, legally protected employment and informal, unprotected status—has long drawn attention from scholars and policymakers in Latin America. This article argues that lasting patterns of economic and political segmentation of workers arose earlier in the region's history than has previously been understood, well before the classic “incorporation” period. Late‐nineteenth‐century practices for the recruitment and retention of workers shaped Latin America's first sets of labor laws, most notably those governing union organization and individual worker job stability. Subsequently, these first laws served as important templates for development, constraining and conditioning the labor codes adopted under mass‐based politics. Using historical data drawn from Chile, Peru, and Argentina, this article shows how differing recruitment practices and variation in the extension of effective suffrage rights and electoral participation shaped early legal labor market segmentation and inequality in Latin America.     

Economic Liberalisation,Changes in Governance Structure and Ethnic Conflict in Sri Lanka

The last four decades have seen considerable economic, political and cultural changes in Sri Lanka. Among the dominant themes and discourses of the period are economic liberalisation, changes in governance and the conflict between the government and Liberation Tigers of Tamil Eelam (portrayed as an ethnic conflict). The economic liberalisation policies of the centre-right government that came to power in 1977 opened up the country to foreign capital and relaxed emigration rules and import restrictions. This government also introduced changes to the Westminster-style democratic system by instituting a centralised governance structure headed by a directly elected executive president. These changes and their implementation imposed significant restrictions on human liberties and rights. These changes are considered as a context for the emergence of conflicts between various central governments and Tamil militants in the early 1980s. This topic has been relatively under-researched. The article attempts to grasp the complexities surrounding this topic on the basis of a review of relevant literature and the underlying meanings of the war, particularly in relation to the maintenance of patron-client relations and a globalising economy. In concluding, the article reiterates the importance of a peace process and political reforms related to national identity and allegiance to an inclusive nation.     

Thinking Outside the (Ballot) Box: Informal Electoral Institutions and Mexico's Political Opening

This article studies the development of informal bargaining tables to mitigate postelectoral conflicts in some 15 percent of Mexico's local elections between 1989 and 2000, even as formally autonomous electoral commissions and courts were being constituted. By documenting the dual institutions that resulted, the study qualifies theories of institutional design that take actor consent for granted. It argues that in the Mexican case and perhaps others, elections, particularly subnational elections, are focal points for informal bargaining over rules that are the true motors of protracted transitions. It finds electoral institutions to be critical to democratization, but for reasons beyond those given by most institutionalists.     

Do Multicultural Democracies Really Require PR? Counterevidence from Switzerland

Central to consociational (or power‐sharing) theory is the claim that multicultural societies require electoral systems based on proportional representation (PR) in order to ensure a fair representation of the various cultural groups in parliament. In this context, Switzerland is often cited as a “PR country”, as well as the key example of successful consociationalism. This article argues that, in this respect, the Swiss experience does not support consociational theory as far as the representation of linguistic groups is concerned. The counterevidence is found by exploring the variety of Swiss electoral systems, both at the national level and in the four multilingual cantons. The article suggests that territoriality (i.e. definition of electoral districts) is the key variable for ensuring linguistic proportionality in parliament. When this is not possible, as is the case in some elections in the multilingual cantons, majoritarian systems sometimes do a better job than PR.     

LAW,TRANSLATION, AND VOICE

The channeling of popular struggles through legal cases is central to the strategy of the emerging “rights defense” movement in China, linking grassroots contention with professional mediators who translate grievances into the institutional environment of law. This was the case in an unusual, ultimately unsuccessful campaign in 2005 to remove an elected village chief in Taishi Village in Guangdong, China, by legal means. While the grievances that sparked the campaign were about the unequal distribution of the benefits from village development, the strategy of instituting a recall procedure and the framing of the campaign in terms of democracy and rule of law obscured distinctly gendered issues of poverty and inequality in the village, even though women were among the most visible protesters. This article employs a “sociology of translation” to link framing processes and power dynamics, thus proposing a methodological approach to reconnecting framing with other aspects of movements. In the Taishi case, the translation of the dispute into the language of law had contrary effects: it opened the door to a legitimate, if temporary, public space for the airing of villagers' claims. At the same time, translation legitimized the voices of “experts” who then became de facto leaders in this public space; it also increasingly shifted the action to the internet, to which the villagers apparently had no access. This analysis raises questions about whether such strategies may result in either the formation of durable rights-based identities among grassroots participants or a sense of being connected to a broader social movement.     

Defining the nation in Russia’s buffer zone: the politics of citizenship by birth on territory (jus soli) in Moldova,Azerbaijan, and Georgia

Citizenship by birth on territory (jus soli), versus by blood (jus sanguinis), is associated with liberal democracies and the Americas. Yet Azerbaijan and Moldova, part of the “buffer zone” between Russia and the West, have used unconditional jus soli. No such law exists in Europe or elsewhere in the post-Soviet space, including in Georgia, a third country that is part of this “buffer zone.” The three countries cannot forge closer links to the West due to Russia’s support of “frozen” separatist conflicts on their territories. The article finds that territorial citizenship in Azerbaijan and Moldova, as well as its absence in Georgia, are linked to territorial integrity concerns, a multi-century historical context that had thwarted or facilitated ethnic collective identity, and geopolitical fears of dual citizenship. Both authoritarian (Azerbaijan) and liberal-democratic (Moldova) states have used the resulting territorial concept of national identity to combat ethnic separatism, whereas Georgia remains an ethnocracy with difficulties integrating ethnic minorities.     

State Livelihood Planning and Legibility in Vietnam’s Northern Borderlands: The “Rightful Criticisms” of Local Officials

Macro-level policies frequently transform and reconfigure local livelihood options. While there is a small but growing body of ethnographic work regarding ethnic minority livelihoods in Vietnam’s mountainous borderlands, there is far less research examining the state decrees and policies implemented there and the opinions of state workers who have to apply them. This article starts to address this gap. First, we examine contemporary Vietnamese state legislation regarding upland livelihoods. We focus on the directions found in 82 livelihood-related state decrees, examining their scope and edicts while critiquing what they overlook regarding upland livelihood needs and approaches. Then, from in-depth interviews with state officials in Hà Giang Province, a mountainous upland region with a proportionately large ethnic minority population, we explore the opinions of those charged with the implementation of these decrees. Building on O’Brien’s earlier work on rightful resistance in China, we suggest that a form of “rightful criticism” has emerged among upland state officials, allowing us to reveal the contours of political power in Vietnam’s borderlands. Moreover, we draw attention to the lack of acknowledgement of ethnic diversity in these uplands within policy and official practice.     

Markt oder Schließung? Zu den Ursachen der Steigerung der Einkommensungleichheit

This article examines which factors contribute towards the increase in the income inequality that can be observed in Germany since the 1990’s. While economists believe that the qualification of employees is becoming more and more important for the generation of income inequality, sociologists conceive social closure, implemented in institutional structures, class conflicts and mechanisms of discrimination, as responsible for rising inequality. Analyses of “Gehalts- und Lohnstrukturerhebung”-data show that closure mechanisms are especially important in West Germany, while qualification-related factors enhance inequality in East Germany.     

Indonesian local party politics

Since the fall of Soeharto in 1998, economic reforms have been linked to internationally supported programs to introduce market-facilitating “good governance” practices, which include the promotion of democratic elections and administrative and fiscal decentralization. International development organizations have thus put forward decentralization as necessary, essentially, to save Indonesia from becoming an irredeemably “failed state” — an issue that has now grown in importance because of the current nature of Western security concerns in Southeast Asia. But this article suggests that the way decentralization has actually taken place can only be understood in relation to the entrenchment of a democratic political regime run by the logic of money politics and violence, and primarily dominated by reconstituted old New Order elites. Taking local party politics in North Sumatra and East Java as case studies, the article shows that local constellations of power, with an interest in the perpetuation of predatory politics, still offer significant sites of resistance to the global neoliberal economic and political agenda.