Habeas corpus: Bodies of evidence and performed litigiousness – the spectacle of Michael Jackson's trial

Abstract

Drawing on contemporary theorisation of the body and the ways in which the body is staged/performed, this article will consider the received legal tradition of the letter of the law as univocal and binding – enacted through the body of evidence and due process – and look at how, in the 2005 Michael Jackson trial, jurisprudence became imbricated with the staging of Jackson's multivalent body, the pornographic self-depiction of the child ‘victim’, and the television spectacle of dramatised court re-enactments, produced for such channels as E! Entertainment and Sky News. The implications of the latter (as opposed to the permitted live television coverage of the O.J. Simpson criminal trial in 1994) will be investigated in the light of Jean Baudrillard's notion of simulacra: in the case of the television re-enactments, the actual Santa Maria courthouse becomes displaced onto the world of the television set, where all the key members of the various legal teams, including Judge Rodney S. Melville, are played by professional actors. Edward Moss, who plays Michael Jackson, perpetuates and further ramifies the hyperreal performativity associated with the actual pop star, whose image has become so imbued with theatricality, media saturation and forensic prurience that he seems to have become a simulacrum of himself.     

NGO–researcher partnerships in global health research: benefits,challenges, and approaches that promote success

Partnerships involving NGOs and academic researchers (NGO–R partnerships) are increasing in global health research. Such collaborations present opportunities for knowledge translation in global health, yet are also associated with challenges for establishing and sustaining effective and respectful partnerships. We conducted a narrative review of the literature to identify benefits and challenges associated with NGO–R partnerships, as well as approaches that promote successful partnerships. We illustrate this analysis with examples from our own experiences. The results suggest that collaborations characterised by trust, transparency, respect, solidarity, and mutuality contribute to the development of successful and sustainable NGO–R partnerships.     

The Svalbard Archipelago in Russian Security Policy: Overcoming the Legacy of Fear – or Reproducing It?

Abstract

Drawing on the constructivist concept of ‘securitisation’, this article analyses Russia's perceptions of, and responses to, Norway's Svalbard policy in the 1990s and 2000s. The analysis focuses on three policy issues which have figured prominently on Russia's arctic security agenda in recent years: (1) the establishment and use of civilian radars and satellite ground stations on the archipelago, (2) the adoption of the Svalbard Environmental Protection Act, and (3) the Norwegian Coast Guard's fishery enforcement measures in the Svalbard Fisheries Protection Zone. The article concludes that despite the changes that have taken place in the Euro-Arctic region after the Cold War, Svalbard has not ceased to be a security concern for Russia.     

Honeymoon or consolidation,or both?: Time dependence of democratic durability

Much research has been done to identify factors that facilitate or prevent democratic breakdown. Little attention, however, has been paid to the question of whether and how the baseline risk level (after controlling for the impacts of relevant factors) changes over time. Using a flexible parametric survival model, I analyse the duration of 149 democratic periods (1946–2008) and demonstrate that the baseline risk has an inverted-U shape, which provides evidence for the honeymoon effect and democratic consolidation. This finding has an important policy implication for democratic assistance programmes.     

Red or Expert? The Anglo–Soviet Exchange of Ambassadors in 1929

Throughout the 1920s, distrust and contention marked Anglo–Soviet relations, culminating in the diplomatic break in 1927. In 1929, the incoming Labour government successfully pursued its objective of re-establishing diplomatic relations with Moscow, but the follow-up in terms of ambassadorial appointments was far from routine for either side. This analysis shows that internal pressures complicated decisions about whether to appoint career diplomats or choose political figures. Resisting both claims from enthusiastically hopeful Labour backbenchers and criticisms from the left wing media, the British foreign secretary, Arthur Henderson, chose a Russian-speaking career diplomat. On the Soviet side, the first choice was a controversial politician, but then replaced by a financial expert, albeit one tainted as a defeated political opponent of Josef Stalin. Whilst both ambassadors could be considered “professionals,” neither was able to have a deep impact on the relationship, which remained troubled.     

The changing character of EUFOR Althea: power politics or learning?

States have different strategic cultures when it comes to legitimating the use of military force and its relation with other foreign policy instruments. However, increasingly, military operations are conducted in multilateral forums; EU military operations are one of the most notable examples of this development. While some claim that these operations reflect power relations between nations with different strategic cultures, others argue that these common missions involve states in a process of collective learning and convergence of interests. Drawing upon an advocacy coalition approach, this paper confronts the competing hypotheses in the case of European Union Force (EUFOR) Althea in Bosnia-Herzegovina (BiH), as the EU’s longest running military operation (since 2004). On the basis of policy documents and semi-structured interviews with policymakers and politicians, this paper concludes that the evolution of EUFOR Althea has been primarily the result of the power politics of different coalitions, but there have also been a few instances of learning.     

CSDP,Strategy and Crisis Management: Out of Area or Out of Business?

The EU's ineffectiveness vis‐à‐vis Libya and the southern Mediterranean crises more broadly is largely explained by the CSDP's narrow mandate centred on crisis management. The EU's emphasis on external crisis management was strategically sound given the geopolitical context of the 1990s. CSDP's quiet drift towards a ‘softer’ kind of crisis management from the middle of the first decade of the 2000s was also instrumental in highlighting the EU's differences from post‐11 September US unilateralism. That said, (soft) crisis management has become progressively obsolete in the light of a rapidly changing geopolitical environment characterised by an overall retreat of Western power globally, a weakening of America's commitment to European security, an increasingly tumultuous European neighbourhood, and Europe's financial troubles. In order to meet the demands of a changing geopolitical environment, CSDP must break away from its distinctively reactive approach to security to include all the functions normally associated with the military including, chiefly, deterrence and prevention. This would allow the EU to actively shape its regional and global milieu.     

Climate change and EU–China partnership: realist disguise or institutionalist blessing?

Both the EU and China are important participants in the United Nations Framework Convention on Climate Change and the Kyoto Protocol. The EU’s reliance on legally binding rules and institutions demonstrates its strong belief on institutionalism. While interstate cooperation is certainly necessary, implementation of any international agreement and most of the work needs to be done within a state. Henceforth, an uneasy balance between national interests and international responsibility has to be maintained. In the case of EU–China partnership, the carbon aviation tax issue serves as a good example to examine the realist–institutionalist struggle. Although it is still too early to tell if the EU and China would overcome their major disagreements in the field of climate change, there is reason to believe that an international agreement may be reached by 2015.     

EU–China relations in financial governance: cooperation,convergence or competition?

The global financial crisis (GFC) and subsequent Eurozone sovereign debt crisis (ESDC) have made reform of the global financial governance regime a priority for governments around the world. Prior to the crisis, neoliberal policies agreed between the European Union and the USA created a financial governance regime based on the principle of free operation of the market through the norms of market self-regulation, equal access to the market, and stability via institutional supervision. How will global financial governance look like after these crises? And what role can the EU and China play in shaping this regime? This article argues that as a result of the GFC and the ESDC, stability is becoming a second principle of global financial governance, along with the free operation of the market. Meanwhile, European and Chinese views regarding the norms, rules, and decision-making procedures designed to implement those principles do not differ as much as they used to. Thanks to interactions at the bilateral and multilateral levels, the EU and China now have knowledge regarding how the other understands the role and characteristics that financial governance should have. This is leading to convergence in some areas and cooperation in others. Concurrently, there are also areas of competition. Analysing all of these is essential to understand how global financial governance might evolve, given the central role that the EU and China now play in this regime.     

The origins of the Korean War: Civil war or Stalin's Rollback?

This essay seeks to evaluate civil war theories on the origins of the Korean War by distinguishing between the permissive and efficient causes of war. These theories explain the causes of the war in terms of an extension of border clashes. To explain the efficient cause, Bruce Cumings advances the controversial 'second mosaic' thesis which argues that the war was sparked by the South's provocative actions on the Ongjin peninsula, and quickly spread to the thirty-eighth parallel with the mobilization of Northern troops. Yet new Soviet archival materials enable us to develop the hypothesis of the second mosaic in reverse since Kim Il Sung proposed the Ongjin occupation plan to Stalin. In testing Cumings's 'second mosaic' and the reversed second mosaic thesis, this article sees the origins of the war in Stalin's rollback strategy whose essence was using North Korean troops to cross the US containment line and displace the territories under the US sphere of influence for the first time since the inception of the Cold War.     

The origins of the Korean War: Civil war or Stalin's Rollback?

This essay seeks to evaluate civil war theories on the origins of the Korean War by distinguishing between the permissive and efficient causes of war. These theories explain the causes of the war in terms of an extension of border clashes. To explain the efficient cause, Bruce Cumings advances the controversial ‘second mosaic’ thesis which argues that the war was sparked by the South's provocative actions on the Ongjin peninsula, and quickly spread to the thirty‐eighth parallel with the mobilization of Northern troops. Yet new Soviet archival materials enable us to develop the hypothesis of the second mosaic in reverse since Kim Il Sung proposed the Ongjin occupation plan to Stalin. In testing Cumings's ‘second mosaic’ and the reversed second mosaic thesis, this article sees the origins of the war in Stalin's rollback strategy whose essence was using North Korean troops to cross the US containment line and displace the territories under the US sphere of influence for the first time since the inception of the Cold War.     

Spoiler or facilitator of democratization?: Russia's role in Georgia and Ukraine

In the post-Soviet space, Georgia and Ukraine are broadly perceived as exceptions to the growing authoritarianism in the region owing to the far-reaching political changes triggered by the so-called Colour Revolutions a decade ago. This article examines Russia's reaction to political changes in Georgia and Ukraine in light of the interplay between the democracy-promotion policies implemented by the EU and US and domestic patterns of democratization. We argue that despite the relatively weak impact of EU and US policies vis-à-vis domestic structures, Russia has responded harshly to (what it perceives as) a Western expansionist agenda in pursuit of reasserting its own hegemonic position in the post-Soviet space. However, coercive pressure from Russia has also unintended, counterproductive effects. We argue that the pressure has actually made Georgia and Ukraine more determined to pursue their pro-Western orientation and has spawned democratization, thereby supporting the objectives of the Western democracy promoters.     

The Rise of China:The Sustained Development of the WorldSystem or the End of It? *

It has been a controversial issue in the past thirty-odd years in academiccircles at home and abroad whether China’s economic rise as a unique developmentmodel sustains and supplements the world system or brings an end to it. This articlemakes an analysis of the basic features of the three historical stages of the worldsystem established 500 years ago from the perspective of the relationship between theworld system and the rise and fall of countries. The analysis finds that the stages ofmercantilism (1500-1750/1800), liberal economy (1800/1850-1914/1945) and mixedeconomy (1945-2030) were mainly based respectively on “geographical discovery” and“colonialism,” “industrial revolution” and “free trade,” and “economic globalization”and “system innovation.” For the above-mentioned reasons, “geographical discovery,”“international trade and finance,” “science and technology” and “internationalinstitutions and mechanisms” are the four fundamental driving forces that the worldsystem has depended on for its existence for 500 years. The world system provideda context for the rise and fall of each individual country in the past 500 years, whilethe economic success China has achieved in the past three decades mainly benefitsfrom its constant integration into this world system still in existence today. Therefore,the challenge to China in its future development will come, to a great extent, fromthe world system and its impact on China’s domestic politics, economy and socialstructure.     

Assessing the impact of EU governmentality in post-conflict countries: pacification or reconciliation?

European Union (EU) interventions in conflict countries tend to focus on governance reforms of political and economic frameworks instead of the geopolitical context or the underlying power asymmetries that fuel conflict. They follow a liberal pattern often associated with northern donors and the UN system more generally. The EU's approach diverges from prevalent governance paradigms mainly in its engagement with social, identity and socio-economic exclusion. This article examines the EU's ‘peace-as-governance’ model in Cyprus, Georgia, Palestine and Bosnia and Herzegovina. These cases indicate that a tense and contradictory strategic situation may arise from an insufficient redress of underlying conflict issues.     

The international law commission of the United Nations: Legal vacuum or microcosm of world politics?

Classical realists and Utopian idealists have long disagreed over the nature of international law. While classical realists from E.H. Carr to Hans Morgenthau contend that law is the product of power realities in international relations, Utopian idealists reject such power explanations, focusing instead on the institutions that create international law. This study addresses that theoretic struggle by empirically examining the intervention of world politics in the debate process of the International Law Commission. A data base is created from the debate record of Law Commission members from 1983 to 1989. Content analysis is performed to test explicit hypotheses that examine the Utopian assumption of an apolitical Law Commission found in the Commission's Statute. The findings indicate that the Law Commission functions in a manner that is greatly constrained by global politics and power realities. The focus on institutions, prevalent in the literature, is misleading and fails to capture the essence of the debate process in the Commission. The strength of the findings underscores the necessity for students of international law to employ a more empirical, systematic methodology in their research.     

An Autopsy of the Iraq Debacle: Policy Failure or Bridge Too Far?

This article examines whether the outbreak of an insurgency after the U.S. invasion of Iraq was an avoidable policy failure or whether the structural conditions surrounding the occupation made such an outbreak inevitable. Several U.S. policy mistakes, in particular the deployment of too few troops, a lack of comprehensive political and military planning for the occupation, disbanding the Iraqi military, the failure to establish a government in waiting, and overly aggressive de-Baathification, greatly exacerbated rather than ameliorated the various structural problems. More fundamentally, structure and policy choices interacted at all levels to explain the Iraq failure. The unavoidable conditions that coalition forces encountered in Iraq—a divided society devastated by years of war, sanctions, and misrule—and the political context in the United States made the challenge for successful policy execution difficult. This structure constrained and delimited the options open to U.S. policy makers but, even within those narrow limits, the United States made many bad choices that further diminished the chances of success.

A particularly important series of policy mistakes occurred well in advance of the buildup to war itself. The orientation of the U.S. armed forces away from counterinsurgency, the failure to establish a political settlement before invasion, and other controllable policy choices in the prewar period all led to enormous difficulties during the occupation itself. Thus, by the time of the invasion, these policy choices had become almost like structural constraints and the failures had a snowballing effect, making policy corrections far more difficult.     

Hotbed of Radicalization or Something Else?: An Ethnographic Exploration of a Muslim Neighborhood in Ceuta

A series of police raids in Príncipe Alfonso, a Muslim neighborhood located in the Spanish enclave of Ceuta, “confirmed” law enforcement officers' worst fears: the barrio, long considered a hotbed of Islamist radicalization, had succumbed to the influence of extremists, making Spain more vulnerable to terrorist attacks. However, the meager results of the raids, as well as delays in the ensuing criminal investigation, raised troubling questions about the alleged terrorist plot and outsiders' perceptions of the Muslim community. Seeking answers to these questions, I conducted ethnographic field work in Príncipe shortly after the raids, interviewing residents, activists, and officials and observing the community at length. The community I experienced did not match the neighborhood I had read about. This article, the first ethnographic study of Ceuta to focus on radicalization, challenges conventional understandings of Príncipe Alfonso and highlights the value of ethnographic field work in terrorism studies.