Special Issue Introduction: Domestic Politics in Japan and Sino-Japanese Relations

The Sino-Japanese relations have again reached to the lowest point since Koizumi’s rule. Contrary to the conventional literatures which explaining the dynamic relation from the international dimensions, this special issue highlights the different domestic actors in Japanese politics who contribute significantly to the foreign policy-making process, notably regarding Japan’s Chinese policies. While there is a significant rightward shift in domestic politics and a growing discrepancy between central and local level politicians, the quest for discursive power between the opposing camps in the relevant areas will heavily determine future Sino-Japanese relationships.     

Hostile Receptions: Dilemmas of Democracy, Legitimacy and Supranational Law

The increasing resonance of international humanitarian law in the domestic sphere, primarily through the implementation of treaty obligations in domestic legislation, gives international law a relevance to local communities never before seen. Whilst the effects of this phenomenon defy generalisation in Australia today, it is possible to discern a range of responses from indignation at the overarching reach of international law to the domestic space, to vindication of historical claims of mistreatment at the hands of colonial oppressors. Recent shifts in Commonwealth legislation and policy have sparked debate on whether the federal government has breached its international obligations. Notwithstanding the importance and currency of this question, and irrespective of one's views on it, there is a broader issue raised by the question, which is more amenable to academic investigation. It may be framed in the following terms. How can, and should, the ideal of democratic control of legislation and the legal system generally be reconciled with the development of an autonomous international legal system? The article will approach this question from a comparative perspective, drawing on legal and political developments in the EU and Australia. It seeks to justify a comparative analysis on the basis that Australia (an established federation) and the EU (an emerging federation) are both dealing with issues of reception of supranational law within domestic systems. It concludes that there is a need to reaffirm the legitimacy of supranational law both as an expression of national sovereignty and as an outcome of rational discourse — i.e. it has come into being with right process and is considered binding.     

气候正义的僵局与出路——基于法哲学与经济学的跨学科考察

气候正义涉及复杂的国际法与国内法问题。传统国际法强调主权独立和互不干涉,而应对气候变化必然要求国际社会合作减排。国际合作减排的前提是各国主动放弃部分排放权利,主动承担减排义务。气候变化对整个国际社会造成了极大的危害,由于各国所处地理位置不同,各国所受的负面冲击不尽一致。有些国家必须支出巨额的调整成本以适应变化了的全球气候,而有些国家反而会因气候变化获得短期利益。根据科斯定律初始权利分配原理,气候正义不是简单的排放权的界定与转让问题,它要求运用分配正义与矫正正义原则对不公平分担减排责任的现象进行平衡处理。中国固然应当积极参与国际合作减排,但同时要坚持发展权优先的观点,与工业发达国家展开有理有节的谈判与斗争,争取最大限度地实现矫正正义。     

Empire, Region, World: the International Context of Australian Foreign Policy since 1939

What have been the most important factors in international relations for Australian foreign‐policymakers over the last sixty years? Five broad themes stand out: the end of empire; Cold War dependency; the changing nature of security; economic development; and race and national identity. Cumulatively, and often in intertwined ways, these themes have amounted to little short of a revolution in Australia's place in the world since the Second World War. The challenges facing Australians have, as a result, been considerable. The international context in which Liberals have made foreign policy has been reshaping Australia as it has been reshaping the external environment.     

Sino-South Korean economic cooperation: An analysis of domestic and foreign entanglements

One of the most explicit manifestations of post-Mao China’s pragmatic foreign policy has been the significant shift in Beijing’s position vis-à-vis Seoul from a “non-policy” todefacto economic diplomacy. Despite the extent of cooperative endeavors, Sino-South Korean economic relations have been circumscribed by various domestic and external factors. While a further intensification of the cooperative relationship is projected for the second decade of Sino-South Korean economic diplomacy, the actual materialization of such prospects depends on how China and South Korea are going to maintain economic complementarity. More importantly, it also depends on when and how China is going to accommodate politically its economic relations with South Korea by resolving the issue of “two Koreas,” thus maximizing the potential benefits from its ties with Seoul and simultaneously minimizing the negative effects from the entanglements of various domestic and foreign factors.     

German expellee organisations in the enlarged EU

This article examines German expellees (Vertriebene) as an interest group in domestic and enlarged European Union contexts. While their background and motivations may be unique, they have similarities to other non-party actors aiming to influence political and/or legal processes. German governments have made rhetorical and financial expressions of support but privileged foreign policy considerations over core expellee demands and sought to contain them as an internal issue. EU enlargement and accession by CEE states to its legal bases has been interpreted as opening new possibilities. A ‘Europeanising’ of ‘justice’ may have unintended implications for relations among European states and peoples.     

Globalization,international coalitions,and domestic reform

This article considers the impact of China's insertion into the global political economy on the nature of political power in China. It argues that for most of the period of the transition from socialism, state leaders attempted to protect domestic interests where possible from the perceived detrimental impacts of globalization. However, China's entry into the World Trade Organization (WTO) marked a key shift in this strategy. Through the creation of an international coalition for reform, key state leaders used WTO entry as a tool to enforce change on reluctant domestic constituents, rather than the earlier strategy of protecting them from competition and change. While domestic reform efforts have been responsible for many of the changes to the Chinese regime, external actors and interests have also played an important role in altering the fundamentals of politics in the People's Republic of China, and in particular, changing the raison d'être of Communist Party rule.     

Ties, stories and events. Pl?doyer für eine prozessuale Netzwerktheorie

Networks and processes??two sociological concepts that stand in a relationship of tension to each other. While networks are mostly conceived as synchronic relations between ??ties??, processes??as diachronic phenomena??are represented in the form of ??stories??. More recently, attempts have been made from within the ranks of network theory or relational sociology to combine these ??ties?? and ??stories??. In this respect, the conceptions of Harrison C. White and Charles Tilly need to be mentioned in particular. The present paper offers an analysis of both approaches and points out that their missing time-theoretical foundation is a problematic issue concerning both conceptions.     

Demise or resilience? Customary law and chieftaincy in twenty-first century Botswana

This paper utilises the concept of customary law as it relates to the institution of chieftainship (bogosi). It shows how bogosi has maintained its strategic position, administrative muscle and influence amid attempts by the colonial and postcolonial state to emasculate it. It maintains that bogosi has been able to adapt to changing socio-economic and political landscapes. While the institution's powers have been gradually undermined by the government since independence, chieftainship has, on the other hand, entrenched itself, manipulated the system and made substantial gains. Chiefs and traditional institutions have manipulated their legitimacy to bolster their resilience. It is argued that despite assertions that chieftainship has been overtaken by events, the reality is that the institution has become central to government and cannot be discarded. It is a traditional institution with immense clout and appeal playing an indispensable role in Botswana's socio-political and economic system.     

Islamic Shariah and Blasphemy Laws in Pakistan

The arbitrary, discriminatory and oppressive application of blasphemy laws in Pakistan has been the cause of much discord and violence in recent years, affecting the non-Muslim population particularly harshly. This article traces the history of such laws and argues that the courts have done little to mitigate the adverse effects of their use by successive governments. The article calls for urgent and concerted international pressure to ensure that the Pakistani authorities respect their obligations under relevant legal instruments.     

Strengthening the Legitimacy of Representative Democracy: Public Participation,Bipartisan Floor Bills and Plenary Deliberations in the Japanese Diet

It is argued that parliamentary legislation in Japan has become the almost exclusive playing field of the bureaucracy, who acts on behalf of the executive, and party councils. Moreover bureaucrats bypass the legislative Diet process by making rules themselves. This is problematic because it is the lawmakers who are directly held accountable by voters for the enacted legislation risking to be eventually voted out of office. It is suggested that under the given circumstances of strict party discipline, drafting of bills by the bureaucracy and endorsement by party councils, the formal majority rule alone is not sufficient to justify legislative outcomes. The legitimacy factor is introduced to verify in how far individual lawmakers are enabled to initiate and draft floor bills by themselves, discuss bill contents in plenary deliberations and get the public opinion involved. The article attempts to demonstrate that bipartisan floor bills reflect the quest for parliamentary legitimacy and equality among lawmakers across party boundaries. It is suggested that the more legislators participate in drafting and discussing a bill the more legitimate the outcome becomes. The paper screens to this effect several bipartisan bills submitted to the Diet of Japan. Bills such as the NPO law, the law to ratify the Rome Statute for the accession to the ICC, the law to prevent suicide and the law to implement internet filters to protect children are the result of cooperation among lawmakers trying to constrain the interference of the executive or of the powerful bureaucracy. The participation of non-parliamentary agents taking an active part in the legislative process has enhanced the dynamics of representative democracy as well. In the decades of radical ideological confrontation in the 1950s, 60s, and 70s the majority rule risked to become an instrument of coercion. The opposition was compelled to resort to anti-parliamentary obstructionist tactics to derail majority legislation that was rammed through parliament without sufficient plenary deliberation and without taking into account the concerns or viewpoints of the minority. Obstructionism decreased with the LDP co-optation of opposition parties to government responsibility in the 1990s. Opposition for the sake of opposition (communists, DPJ until 2006) and governing for the sake of governing (SDPJ, Komei) have not been honored by the voters. After 2007 the DPJ started to refocus its policies more on ideological differentiation and managed to beat the LDP in the 2009 elections. Recently the work of the Diet has been increasingly put under the scrutiny of international NGOs and legislatures abroad. The unresolved controversial comfort women issue suggests that omission to pass appropriate and timely reconciliatory legislation can cause a serious loss of parliamentary institutional esteem and respect.     

Somali pirates: villains or victims?

The proliferation of piracy activity off the coast of Somalia has received a fair share of international attention. Its consequences have included a destabilising effect on trade, security and humanitarian aid. This has served to give reason for the deployment of multi-national forces by some of the countries affected by the scourge. While naval patrols have reduced the success rate of piracy attacks in some areas, there has been little respite in piracy incidents with the overall number of attacks and their geographic scope increasing. Piracy off the coast of Somalia has, in fact, evolved into organised syndicates with transnational networks. The problem is that various international actors have largely viewed piracy off the coast of Somalia in terms of threats to their own national interests and security. They have, thus, dealt with the issue in isolation from its wider context, which has not succeeded in ending the attacks. This article argues that to deal with the piracy problem more meaningfully, there is need for a contextual framework beyond addressing the ‘illegal’ activities. Piracy is a complex problem, with political, legal, social, economic, security and even human rights dimensions, and calls for a truly holistic approach that, especially, seeks to address the root causes on land. The article calls for a change in strategies in order to facilitate a ‘local Somali solution’ rather than an international one that is acceptable to the sensibilities of international actors. The article emphasises the need to extend the strong international cooperation demonstrated on the high seas in the fight against piracy to the fight against root causes of piracy onshore.     

Water resources in Central Asia: regional stability or patchy make-up?

This article explores the cooperation after independence on four Central Asian transboundary rivers. The paper shows that, even though the Central Asian states agreed in 1992 to continue with the basic water-sharing principles, new agreements had to be made. New agreements were only made in basins with large-scale water-control infrastructure, which have transboundary significance or are transboundary themselves. The inequitable water allocation between the riparian states has continued and has not triggered new agreements.     

Sheikh Wahbah al-Zuhaili on international relations: the discourse of a prominent Islamist scholar (1932–2015)

In recent years, radical and violent Islamist movements – such as al-Qaeda and its offshoot the Islamic State in Iraq and Syria – have seized the spotlight. A corollary of this preoccupation has been the proliferation of studies on the political thought of radical Islamist figures such as Abu Muhammad al-Maqdisi, Ayman al-Zawahiri and Osama bin-Laden. By contrast, scant attention has been paid to the thought of moderate contemporary Sunni Islamist scholars. This article attempts to rectify this situation by focusing on the international relations discourse of a prominent Syrian Islamist thinker Sheikh Wahbah al-Zuhaili (hereafter Zuhaili). The article examines Zuhaili's views on three central and interrelated topics: (1) the nature and underpinning principles of international relations; (2) war; and (3) the role of international law and international norms and conventions in international relations. By shedding light on Zuhaili's thought and situating it in its proper ideational and historical contexts, the article concludes that radical Islamist ideology is at the periphery of contemporary Islamist conceptualizations of international relations while the epicentre is held by mainstream Islamists whose perspectives on international relations are fairly compatible with prevalent western views, especially those emanating from the Realist school.     

全球环境治理“领导者”的蜕变:加拿大的案例

加拿大长期以来曾是西方发达国家中积极领导全球环境治理的典范,一度也是全球气候治理的积极参与者,但是近年来却俨然蜕变为气候谈判中的"拖后腿者"。发生这种转变的原因究竟是什么?本文通过国际和国内、政治与经济多个层面的分析发现,除了美国因素以外,加拿大国内的经济形势变化和政治体制是导致其战略变化的主要原因。20世纪90年代以来,油砂大规模开发和原油出口(特别是对美国的市场依赖),导致加拿大在气候变化问题上处于比较劣势;而相关利益集团的游说,正好与加拿大松散的联邦制等制度因素相结合,导致了加拿大气候政策的转向。从这个层面上看,经济利益的变化和政治决策制度特征共同成为决定国家气候或环境战略的主要因素。在某种程度上,这一案例也反驳了发达民主国家因其制度因素必然成为全球环境保护积极支持者的命题。     

Malaysia: The anxieties of success

Malaysia is a complex social and political phenomenon that could easily have become mired in ethnic conflict and economic stagnation. Malaysia has had to manage a shift from a natural resource-based economy to an export-oriented manufacturing system while balancing delicate racial and religious divisions in a democratic, constitutional federation. A proud and nationalist history has been confronted by global economic interdependence. Malaysia’s political leadership has been able to balance competing and almost contradictory domestic and international demands to carve out a prominent position for the country in world affairs while bringing forth a progressive economic entity. That success is neither accidental nor incidental.     

Transnationale Expertenfelder als schwache Felder. Der Entwurf des ersten Weltgerichtshofs und die Entstehung eines internationalen Expertentums

The article argues that transnational expert fields have a specific social and professional pattern (defined as constitutive of a “weak field”), one this is critical when it comes to understand the definitional power experts and expertise can have at the international level. Getting back to the League of Nations as the inaugural scene for the shaping of the power-knowledge nexus, the paper explores the drafting of the first World Court in 1920 as one critical formative moment of transnational expert fields. While the drafters agreed upon the creation of the first permanent court of law, they renounced to define who the permanent professionals of that law would have to be, therefore depriving the field of international law of any strong supranational unit of governance. The paper argues that this initial decoupling between the autonomy (of the court) and the heteronomy (of the judge) has shaped the enduring “weakness” of transnational expert fields.     

When Do Issue Opinions Matter,and to Whom? The Determinants of Long‐Term Stability and Change in Party Choice in the 2003 Swiss Elections

While various studies have highlighted the short‐term importance of issue‐voting for party choice, little attention has so far been paid to its long‐term relevance. Relying on longitudinal data from the 2003 Swiss federal elections, we examine under what circumstances issue‐specific considerations affect stability and change in party choice. We postulate that the impact of issue‐specific considerations is likely to vary depending on a set of mediating factors. Analyzing four mechanisms of stability and change (reinforcement, activation, conversion, and demobilization), we find first that issues matter more when they are pressing, central, and polarizing. Furthermore, issue positions affect the vote more significantly for the parties that are more profiled on them. These results are in line with those on short‐term effects. However, they reveal a stronger influence of shifts in issue opinions in the long‐term than in the short‐term. Finally, we do not find any substantial variations in the effect of issue preferences across individual characteristics (political sophistication and party identification).     

跨太平洋伙伴关系协议(TPP):研究前沿与架构

"跨太平洋伙伴关系协议"(TPP)在美国的积极推动下发展迅速,似乎将成为亚太地区新的竞争性区域合作机制。TPP以成员国全面零关税、知识产权保护、劳工和环保等议题为特点,提出建立高质量和高标准的自由贸易区,已吸引了包括美国在内的亚太九国参加协议谈判。在TPP建立过程中,美国企图重获亚太经济主导权的意图明显;日本虽积极参与,但自身困难重重;东盟在巩固现有基础上,并不排斥新机制出现。当前,美国主导TPP势头正盛,但其发展态势并不明朗,TPP谈判仍将面临美国国内政治因素和技术问题的双重障碍以及日本能否顺利加入等问题;当前的国际政治与经济局势,使中国面临新的挑战与机遇,宜通过调整经济结构,扩大内需,完善和巩固现有区域合作战略以积极应对TPP的发展。未来,中国与美日韩以及东盟等双边和多边经贸关系受TPP的实质影响将成为新一轮研究重点。