Who's Afraid of International Law?

Who's Afraid of International Law? Edited by Raimond Gaita and Gerry Simpson (Clayton: Monash University Press, 2017), pp. xliv + 191. AU$29.95 (pb).     

Imagine All the People? Mobilising Islamic Populism for Right-Wing Politics in Indonesia

ABSTRACT

Right-wing politics in Indonesia is frequently associated with Islamic populist ideas. In part this is because Islamic organisations played a major role in the army-led destruction of the Indonesian Communist Party in the 1960s. Since then Islamic populism has evolved greatly and in post-authoritarian Indonesia it includes manifestations that see no fundamental contradiction between Islam and neo-liberal market economies as well as those that do. Significantly, like their counterparts in other countries, Indonesian Islamic populists maintain vigilance against the purveyors of class-based politics who may exert a divisive influence on the ummah. Thus, Indonesian Islamic populism shares with many of its counterparts a disdain for Leftist challenges to private property and capital accumulation besides political liberalism’s affinity to the secular national state. Yet strands of Islamic populism have relegated the project of establishing a state based on sharia to the background and embraced the democratic process. But this has not translated necessarily into social pluralist positions on a range of issues because the reinforcement of cultural idioms associated with Islam is required for the mobilisation of public support in contests over power and resources based on an ummah-based political identity.     

Reflections on Justice: A Young Ottoman View of the Tanīmāt

This article deals with the Young Ottomans and their main publication Hüriyyet (Freedom). The scope of investigation includes references to the former Grandvizier Reshad Pasha, the relevance of the Shari'a and the ambiguous attitude towards the Tanzimat laws as well as the question of equality.     

A Travesty of British Justice? Appealing against Internment during the Second World War

In late 1940, the Australian government established Aliens Tribunals and Advisory Committees to ensure that local internees could, if they desired, protest against their internment. Most historians argue that this system of appeals was fundamentally flawed. This general explanation has much to commend it. Even so, the widely‐condemned appeals system requires some contextualisation. This article examines the appeal against internment of one man, Henry Brose, but it also seeks to place the appeals system in the broader context of the Australian government's attempt to balance personal liberty and national security over the course of the Second World War. The purpose of such an approach is not to offer a revision so much as a re‐contextualisation of an appeals system that historians have correctly described as flawed. This article demonstrates that the initial appeals system was certainly undermined by a government motivated by concerns for national security rather than personal liberty. But it also argues that the ongoing attempts of the Australian government to improve and overhaul the appeals system, in the midst of prosecuting an extraordinarily complex global war, suggests a more nuanced story than the one — of hapless victims and travesties of British justice — that has traditionally been told.     

Fuel for thought? South Africa's position on the multilateralisation of the nuclear fuel cycle

The proponents of international nuclear fuel banks maintain that these banks will contribute to nuclear non-proliferation, whereas those opposing it maintain that nuclear weapon states support these banks in order to control and multilateralise the nuclear fuel cycle, thus preventing developing states from developing nuclear energy for peaceful purposes. Global inequalities pertaining to nuclear energy continue to persist despite developing states’ efforts to reform the international nuclear energy regime. Moreover, some developing states maintain that these nuclear fuel banks perpetuate inequality in international relations. This is one of the reasons why some leading developing states, such as Brazil and South Africa, oppose these banks. South Africa, for example, intends to re-establish its nuclear fuel cycle and has declared uranium a strategic resource. Against the aforesaid, this article, following a constructivist approach, analyses the emergence and social construction of nuclear fuel banks as a practical expression of nuclear non-proliferation norms. The discussion also considers the inter-subjective understanding of these banks, as well as South Africa’s opposition to them. The article concludes with an analysis of the implications of these opposing views for global equity, equality, nuclear non-proliferation and the peaceful uses of nuclear energy.     

Are the Odds of Justice “Stacked” Against Them? Challenges and Opportunities for Securing Land Claims by Smallholder Farmers in Myanmar

ABSTRACT

In 2012, the Government of Myanmar passed the Farmland Law and the Vacant, Fallow, Virgin Land Law, with an aim to increase investment in land through the formalization of a land market. Land titling is often considered “the natural end point of land rights formalization.”¹1 Hall et al. 2011 Hall, Derek, Philip Hirsch, and Tania Murray Li. 2011. Powers of Exclusion: Land Dilemmas in Southeast Asia. Singapore: NUS Press.[Crossref] , [Google Scholar], 35. A major obstacle to achieving this in Myanmar is its legacy of multiple regimes which has created “stacked laws.”²2 Roquas 2002 Roquas, Ester. 2002. Stacked Law: Land, Property and Conflict in Honduras. Amsterdam: Rozenberg. [Google Scholar], 11. This term refers to a situation in which a country has multiple layers of laws that exist simultaneously, leading to conflicts and contradictions in the legal system. This ambiguity is often manipulated by those who have more access to political and economic resources, particularly those who received large land concessions under the 1988–2010 military regime. In this context, this paper attempts to answer the question: In Myanmar, how do smallholder farmers engage with a stacked legal framework, which is ambiguous and unfairly applied, to defend themselves against land dispossession? The analysis seeks to contribute to the literature on the contest over land control and access through an analysis of how a stacked legal framework can be used to further disenfranchise farmers by elites, or on the contrary, by farmers to gradually reclaim this control through strategic political maneuvering.     

Cooperatives for “fair globalization”? Indigenous people, cooperatives, and corporate social responsibility in the Brazilian Amazon

Cooperatives and socially responsible corporations are being hailed as possible correctives to the socioeconomic and ecological exploitation of transnational capitalism. AmazonCoop—a cooperative linking indigenous Brazil nut harvesters and the multinational firm The Body Shop through trade and development projects—capitalized on indigenous symbolism to generate significant material benefits for both parties. At the same time, however, it made indigenous people more vulnerable and dependent, failed to promote participatory development, masked the effects of unfavorable state policies, and perpetuated discriminatory distinctions among indigenous people. Furthermore, the cooperative did not provide an organizational framework to ameliorate the vulnerabilities of indigenous identity politics or transform symbolic capital into enduring political-economic change. This case strongly supports arguments that cooperatives must be rooted in participation, democratic member control, and autonomy if they are to promote “fair globalization” or social transformation rather than institutionalize existing patterns of exploitation.     

“At That Time We Were Intimidated on All Sides”: Residues of the Malayan Emergency as a Conjunctural Episode of Dispossession

ABSTRACT:

This article proposes that the Emergency counterinsurgency campaign of the British colonial state should be viewed as a conjunctural episode of dispossession of Malayan laboring people. Conjunctural episodes of dispossession of working people through state violence and racialized rhetoric emerge as a response to crises in capitalist accumulation occurring at multiple and overlapping scales of capitalist systems – the imperial, the national/colonial, and the local/regional. During these episodes state and capitalist strategies destroy political organizations and solidarities among laboring people and demoralize them over long periods of time, through processes simultaneously material and semiotic. Employing new theorizations of the global anthropology of labor, this article first examines the postwar and Emergency years when the multiethnic and industry-wide bases of Malayan trade unions were destroyed while an estimated half a million working people were forcibly concentrated in so-called New Villages. This had the effect of suppressing a discourse of class and class struggle in favor of a dominant discourse of ethnic conflict. In an effort to articulate class struggle despite the presence of this dominant discourse of essential ethnic difference this essay examines the formation of a new working men's “society” in 1978–1980 and a dispute between truck drivers and truck owners in northern Malaysia.     

Andalusiasation: Is Iran on the Trajectory of De-Islamisation?

Andalusiasation is a critical concept in the Islamic Republic's security discourse that implies the gradual de-Islamisation of cultural structures, which will eventually constitute an existential threat to the political domination of the Islamists. The state displays confidence about its hard power, yet it shows anxiety about the enemy's cultural invasion. This article examines the widening religio-cultural gap between the state and the grassroots and evaluates the increasing securitisation of the cultural sphere in Iran.     

Straightjacketing migrant rescuers? The code of conduct on maritime NGOs

In July 2017, Italy drafted an EU-sponsored code of conduct aimed at regulating non-governmental migrant rescuing NGOs offshore Libya. The code makes permission for NGO vessels to disembark migrants in Italian ports conditional on collaborating in the fight against smugglers and accepting the presence of law enforcement personnel on board. This article investigates the inception, content and likely consequences of the Code, arguing that most of its provisions are either redundant or counterproductive. As suggested by scholarship on civil–military cooperation and maritime rescuing, the code as it stands would only violate humanitarian principles without increasing existing rescuing capabilities.     

Is Bipartisanship on National Security Beneficial? Australia's Politics of Defence and Security

One of the most widely‐endorsed norms in Australian politics is the requirement for bipartisanship in the management of defence and security policy. This norm is assumed to lead to good policy creation, foster political unity, and protect those who implement national policy (particularly the military). The paper argues that evidence for all three of these claims is overstated. In addition, the effects of the norm are often counter‐productive and even harmful to the conduct and management of Australian policy. The paper concludes by arguing that the norm of bipartisanship for Australian defence and security policy should be abandoned.     

A common transnational agenda? Communication network and discourse of political-Salafists on Twitter

Employing social network analysis, this article investigates the transnational communication network and discourse of political-Salafists on social media. It examines whether political-Salafists across the MENA region have a common sociopolitical and geopolitical agenda, and whether – given the recent shift of some political-Salafists towards violence – their discourse and communication network can still be distinguished from that of the jihadists. The analysis finds that political-Salafists do not share a common agenda but that their discourse and communication network display three transnational gravity centres: a revisionist, a status quo-oriented and an ostracized pro-Sisi gravity centre. Only the revisionist gravity centre advocates violence. Its discourse, however, remains clearly set apart from that of the jihadists.     

Indian is the New Black? The Rise of Indian-Americans on American Television

This article argues that the growing use of Indian-American characters in American television programming results from a combination of societal shifts in the United States as well as changes in the international system—specifically, the increasing ethnic diversity in America as well as the rise of non-western nations as important players in a globalized world that has led to a growing global market for American television programs. Further, the portrayal of such characters also ranges from what the British Broadcasting Corporation calls ‘color-blind casting’ (where the race and ethnicity of characters do not determine or limit the roles they portray) to more stereotypical renderings of the Indian-American community. It concludes by suggesting that changes in demography, as well as market forces within the United States and abroad, will probably lead not only to more Indian-Americans on television but also to their portraying roles that fit into the reality of the Indian-American status and experience in American society.     

The Media as a Window on the Past? The Impact of Television and Newspaper Consumption on Knowledge of the Democratic Transition in Portugal

This study seeks to expand our understanding of how the media increase the level of political information, by focusing on an understudied yet important learning outcome: knowledge of the political past. The article explores the factors underlying variation in the recognition of the leading actors in the transitional process in Portugal. The results show that television news and newspaper exposure foster recognition of these actors, but that media use interacts with personal experience of the transition (stronger effects among younger cohorts) and party identification (stronger impact on those who do not feel close to a political party).     

‘Modelling’ for Democracy? Turkey's Historical Issues with Freedom of Speech

Although Turkey has come a long way in terms of human rights since the 1980 military coup, a closer historical look inside the Turkish political scene shows us how freedom of speech was always to be sacrificed if its exercise threatened the perceived unity of the country. The article shows how decision makers’ perceptions of the state as a superior institution in need of protection have shaped the practice of governing free speech in Turkey since the early years of the Republic, and introduces a unique chronology, accounting for the interaction of internal and external influences.