Taking the “Poison Pill”: A Commentary on a Case Study

A prominent American specialist on legal affairs in the former Soviet Union and Russia comments upon a case study focused on managerial strategies to privatize a large industrial conglomerate. Efforts to prevent outsiders from buying the enterprise are likened to “poison pills” used in the United States to thwart hostile corporate takeovers. The commentary includes references to the tradition of corruption in Russian bureaucracy before and after the October Revolution and notes the difficulties encountered by Western lawyers advising foreign investors in recent years. Journal of Economic Literature, Classification Numbers: K22, P13, P31.     

Branding Dissent: Nitirat,Thailand’s Enlightened Jurists

Abstract

This article examines the political role of a group of academic lawyers based at Thammasat University who have been seeking to reform various aspects of the Thai legal and judicial system. The seven-member group started out by criticising the illegality of the 2006 coup. After the 2010 crackdown against redshirt protestors, the group named itself Nitirat and started to hold seminars, draft legal proposals, and campaign to amend various laws. Nitirat has repeatedly challenged the legal and constitutional underpinnings of three key elements of the Thai state: the judiciary, the military, and the monarchy. In doing so, the group has gained a mass following, drawn mainly from those sympathetic to the “redshirt” movement which broadly supports former Prime Minister Thaksin Shinawatra. Informally led by scholar Worajet Pakeerat, Nitirat has created a popular branding which is reflected in huge audiences for public events, and the sales of souvenirs. The article aims to answer the following questions: How does Nitirat combine the roles of legal academic and political activist? How does it differ from the traditional mode of Thai public intellectuals? How significant is the Nitirat phenomenon?     

Jakarta’s Precarious Workers: Are they a “New Dangerous Class”?

In his 2011 book, The Precariat, Guy Standing claims that the precariat is “a new dangerous class.” This article seeks to revisit this claim and assess it using the case of young workers engaged in urban situations in Jakarta that fit the definition of precarious work. It will particularly focus on young workers who are often identified as potentially “dangerous” because they join vigilante groups. It is argued that these precarious workers share characteristics with the broader working class, and the claim that they constitute a new class in a developing country such as Indonesia is challenged. It is found that membership in vigilante groups is important for providing social bonds that support these young precarious workers in dealing with labour-related insecurities. The social bonds also moderate their anger, anxiety, anomie and alienation, and act to integrate them within society. It is also suggested that where these young precarious workers may be considered “dangerous,” it is a characteristic common to the lumpenproletariat. This shapes their class consciousness and affects their ambiguous relations with the rest of the working class.     

The “Rights Awakening” of Chinese Migrant Workers: Beyond the Generational Perspective

ABSTRACT

?In the spring of 2010, the strike of the Honda workers in Nanhai instigated an on-going discourse on the “rights awakening” of the “new generation of migrant workers.” Since then, much has been written about these young workers, generally described as more pro-active and ready to stand up against their employers than the older and more subservient generation. Drawing from statistical findings from two factory-gate surveys in the metal mechanics and garment sectors in Shenzhen, this paper tests two hypotheses: (a) that workers of the younger generation are more cognizant of their legal rights than older workers; (b) that the younger generation wants to work fewer hours and to enjoy life more. We argue that this popular image of the younger generation of migrant workers is one-dimensional and reductive, as it focuses only on generational differences as an explanatory factor for worker activism, while ignoring other issues such as types of industries and payment systems. In this paper, we purport that these elements play important roles in shaping the attitude of this younger generation toward their work and rights.     

The country and the cities

Labour migration between countries such as Indonesia and Hong Kong needs to be contextualised within the general patterns of movement throughout the Asian region. These patterns are long term, but accelerated in the late colonial period. As well as physical mobility, such patterns of movement involve cultural and even social forms of mobility. They should be seen as continuous with processes of urbanisation, particularly the formation of “urban corridors” where the distinction between “country” and “city” has increasingly become blurred.     

Sinophobia as Corporate Tactic and the Response of Host Communities

China's State Council has charged that in 2009 BHP Billiton inflamed Australians' fear of “Chinese colour” in order to undermine Chinalco's (Aluminium Corporation of China) effort to increase its share of the Rio Tinto company. Though unproven, this is a serious charge and the more so because it suggests there is a risk that in the future firms challenged by Chinese competitors may emulate the alleged practice. Given this possibility, anti-racists require a sophisticated understanding of how firms might incorporate Sinophobia into their business strategies and how Chinese foreign direct investment is viewed by national and local communities. To further this response, we review the literature on the use of racism as a corporate tactic, discuss the Chinalco-BHP struggle, and provide a study of how one community reacted when offered the chance to host a large Chinese investment.     

国际变局下日本智库和主流媒体对中国形象的建构

国际秩序的变动、突发的新冠疫情和中美战略竞争的加剧等因素促使日本的中国形象正在发生重要而深刻的变化。日本智库和主流媒体更多地把中国放在国际秩序变动的语境中来认知中国,比起双边,更多是在多边框架内来感知中国。在多种因素的综合作用下,日本形成了“崛起的强国”“国际秩序改写者”、疫情下“坚韧”而“强硬”的中国、带有不确定性的美国“假想敌”等多层次中国形象。日本智库和主流媒体对中国形象的塑造未必是客观的,是基于在国际秩序转型期对自身认同的建构,那就是现行国际秩序维护国和中美之间的“非等距离”协调者。应该对日加强沟通宣介工作,充分调动其对华战略认知中的建设性因素,消解不利因素,防止其固化为刻板印象。     

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”。     

Precarious Elderly Workers in Post-Industrial South Korea

This article examines how the combination of immature welfare state and expansion of the service economy, in particular, contributes to the precariousness of the elderly labour market in South Korea where nearly half of the elderly live below the poverty line. It completes an empirical analysis of how elderly workers in Korea are participating in the labour market and examines their situation using a conceptualisation of “precariousness.” It is explained how the elderly in an immature welfare state are pushed into bad jobs resulting in a large number of precarious “elderly workers” in an economically advanced country. Results of the statistical analysis suggest that, due to severe precariousness, the Korean elderly are unable to escape from poverty even though they work. Also, gender segregation of precariousness in the service industry has been exacerbated in the elderly labour market. Structural change such as the rapid transition to a service-oriented economy has a greater impact on elderly women than middle aged or elderly men because elderly women tend to have lower skill levels and shorter careers, mainly entering service occupations where the bad jobs are concentrated.     

Crime,punishment, family violence,and the cloak of legal invisibility

Abstract

In this article, the authors trace how the Anglo-Australian system of criminal law constructs crime within the family differently from other forms of crime. The zone of legal impunity for intrafamilial crime was carved out by special defences and immunities, such as provocation and marital rape, as well as policing policies and practices that effectively decriminalised “domestic” forms of physical and sexual abuse. Legal impunity was never absolute, and there were notable exceptions where the familial and gendered aspects of the crime in fact aggravated the offence, such as the law's treatment of spousal murder by females as a form of “petty treason”, warranting the most severe punishment of burning at the stake. Reforms in the late twentieth century removed overt forms of gender discrimination from the criminal law, exposing a new legal visibility of crime within “the family”, though as the authors conclude, there are still remnants of differential treatment in fields of sentencing law and practice.     

Freedom of Expression in South Korea

South Korea is widely considered a consolidated democracy, but there is growing evidence that freedom of expression in South Korea has lagged behind that of comparable Asian countries and that it has deteriorated since 2008. Freedom House downgraded South Korea’s “freedom of the press” status from “free” to “partly free” in 2010 and other international reports also raised concerns on the status of freedom of expression in the country. We identify five problems that have contributed to the deterioration in South Korea’s rankings with respect to civil liberties: abuse of criminal defamation, the rules governing election campaigns, national security limitations on free speech, restrictions related to the internet and partisan use of state power to control the media. We close by considering possible explanations of the phenomenon, ranging from more distant cultural factors and the influence of the Japanese legal systems through the enduring impact of the Cold War. However, the main problems appear political. Governments on both the political right and left have placed limits on freedom of expression in order to contain political opposition, and constitutional, legal and political checks have proven insufficient to stop them.     

全面从严治党视域下党的制度建设研究

党的十八大以来,制度建设贯穿政治立党、思想建党、组织管党、作风兴党、纪律治党和反腐败斗争全过程,党的制度建设成效卓著。其中,坚决做到"两个维护"是制度建设的纲和魂;推进作风建设是制度建设的开篇之作和重要内容;严肃党内政治生活是制度建设的重要抓手;完善责任体系、强化党内监督是制度建设的重要保障;加强纪律建设是制度建设的根本途径。党的制度建设的生动实践形成了前瞻性和规划性、针对性和时代性、系统性和配套性、时效性和可操作性、实践性和理论性等十个鲜明特点;彰显了"七个统一"的重要原则,即:坚持政治统领和人民中心相统一、坚持高标准和守底线相统一、坚持明确责任和狠抓落实相统一、坚持问题导向和深化改革相统一、坚持日常监督和长期监督相统一、坚持党内监督和法律监督相统一、坚持惩治昏懒庸贪和鼓励担当作为相统一。这对新时代推进制度治党,推进全面从严治党向纵深发展,提升党的治国理政效能具有深刻启示。     

Japan as the “Indispensable Nation” in Asia: A Financial Brand for the 21st Century

This article addresses Japan's global financial “brand.” It first examines the concept of a national “brand” and the difficulties associated with creating a desirable image of a country among outsiders. It adopts an instrumental concept of branding, which focuses on the behavior that the national image should elicit from foreign countries. It also notes that effective branding must accurately reflect reality. For Japan, the goal should be to promote economic cooperation where mutual interests exist. Efforts should be focused on East Asia, where mutual economic interests are least fully realized, and where Japan's national image appears to be an important stumbling block. Japan should seek to demonstrate the potential for transition to a “post-developmental” financial model and to be the “indispensable partner” for regional cooperative and development initiatives. This will require continued progress in cleaning up and improving the competitiveness of Japan's financial institutions and financial system.     

“Tongpan”: An important event in Thai cinema

Abstract

Films being made in Asian countries are now beginning to express an Asian reality. This is happening in a small way, but it is happening. The scale of the movement to break away from Hollywood and Bombay-type extravaganzas, and from films as a kind of “celluloid LSD,” is still small, constrained as it is by film-makers and sellers out to make quick profits. One little ripple that has recently emerged from the stagnant waters of Asia's film world is called “Tongpan.” The work of a group of creative amateurs, “Tongpan” is not the result of a commercial venture, and is not a professionally-made film in the conventional sense. It is also not a film in the style of what has come to be known as the “New Wave Cinema,” for “Tongpan” is not an art film to be “museumed” for wealthy connoisseurs. But precisely for all these reasons it is important that a film called “Tongpan” has been made. Indeed an important event has occurred in Thai Cinema. Important because it shows what is happening to the Thai people in the name of ‘development’ and captures for posterity the tensions and strains of an important period in Thailand's recent history.     

China's Maritime Security and the “Malacca Dilemma”

Abstract

As maritime trading becomes an increasingly important element of the modern Chinese economy, concerns in Beijing are being raised about the safety of vital sea lanes. Central to this thinking has been Hu Jintao's explanation of the “Malacca Dilemma” in late 2003, which describes the problem of sea routes crucial to China's trade, especially the Malacca Straits, being subject to interdiction from another state. At the same time, the international war on terror has also raised the specter of economic terrorism aimed at disrupting commerce via the Straits. Due to the complex nature of these potential threats, there is the temptation for China to address the “Dilemma” unilaterally as the country modernizes its naval forces. However, it remains in Beijing's interests to work both with littoral states and other great powers in ensuring greater security in the Malacca region.     

The Australian Experience of Electoral Bribery: Dealing in Electoral Support

This article explores state and federal Australian cases from the past thirty years — legal judgments, inquiries and political scandals — which implicate the law and concept of electoral bribery. Specifically it examines deals involving preferences and arrangements made between politicians and “third parties” such as lobby groups and the media. It shows that, defying assumptions that it died out a century ago, electoral bribery remains a thorny ethical and legal concept, particularly given evolving norms and electioneering practices. If bribery is to be a workable ethical or legal concept for judging contemporary electoral conduct then it needs to deal with horizontal relations between political actors rather than, as it traditionally has, to focus upon vertical relations between politicians and electors characterised by the former's efforts to buy the latter's votes.     

From St Petersburg to Rome: Understanding the Evolution of the Modern Laws of War

Despite arguments to the contrary, the state continues to defiantly resist efforts to “extend the reach of legality”, especially as it pertains to attempts to bound the use of organised violence within international legal mechanisms. Yet this defiance is something of a paradox, where the evolution of the modern laws of war are characterised by a contradictory pattern. By focusing on important junctures in the short evolution of the codification of the laws of war it will be argued here that the writings of Swiss jurist Emer de Vattel provide the best insights into this contradictory development.     

Faking performance together: systems of performance evaluation in Russian enforcement agencies and production of bias and privilege

A specialist on Russian law enforcement examines a critical source of prosecution and conviction bias in that country – the system by which prosecutors, police, judges, and other legal professionals are evaluated. More specifically, she demonstrates how that system (exclusive of any inherent corruption or bias) institutionalizes incentives for the prosecution of large numbers of defendants in routine cases for the purpose of meeting informal quotas. Officials from a variety of law enforcement agencies, seeking to “hit their numbers,” develop techniques of selecting the “right” cases (and avoiding “wrong” ones), manipulating charges depending on the victim's and defendant's statuses.     

Mobility and fusion in the literary field: the maverick poetry of Dolors Miquel

Abstract

With the aim of exploring the correlations between sociological and aesthetic areas, this article examines the mobility of poet Dolors Miquel in the Catalan literary field, where she has occupied positions ranging from the poetics of orality to ruralism, and where her work has been printed in the commercial press as well as underground publications. This paper ties that mobility in with practices of fusion such as the parodical discourse and camp, based on the hypothesis that in literatures affected by subordination, as is the case of Catalan literature, the partial overlapping of the spheres of general and restricted consumption is conducive to the emergence of dual languages. The satire, the revision of tradition, and the purposely “low-cost” tone that characterise Miquel’s poetry can be read as discourses formed by the combination of popularised stagings and elitist knowledge. Although this combination compromises the distinction between select minority and mass public audiences, it offers new answers to a question posed in the Catalan literature from the 1960s on and which continues to apply today: the question as to the space to be occupied by popular literature.     

The prostitute

Migrant domestic workers rarely take part in — let alone organize — public protests in the countries where they work. Public protests are virtually unheard of among migrant domestic workers in Singapore, Taiwan, and Malaysia, and especially in the Middle East and the Gulf States. Over the past decade and a half, however, migrant domestic workers in Hong Kong — mostly Filipinas and Indonesian women — have become highly active, organizing and participating in political protests. Hong Kong's migrant domestic workers protest in a place where they are guest workers and temporary migrants, denied the opportunity of becoming legal citizens or permanent residents. Increasingly, these workers, their grassroots activist organizations, and the nongovernmental organizations with which they are affiliated frame their concerns in terms of global, transnational, and human rights, not merely local migrant worker rights. This article takes the “Consulate Hopping Protest and Hall of Shame Awards” event — part of the anti-World Trade Organization protests in Hong Kong in 2005 — as an ethnographic example of domestic worker protest and as an entrée through which to ask what it is about Hong Kong and about the position of women migrant workers — whose mobility and voice is both a product and a symptom of globalization — that literally permits public protests and shapes their form and content. The article illustrates how migrant workers’ protests and activism have been shaped by domestic worker subjectivities, by the dynamics of inter-ethnic worker affiliations, and by the sociohistorical context of Hong Kong as a post-colonial “global city” and a “neoliberal space of exception.”