Disrupting civility: amateur intellectuals,international lawyers and TWAIL as praxis

Abstract

This paper is a reflection on the role of intellectuals in engaging with Palestinian solidarity movements and liberation discourses, and on the place of international lawyers specifically within that context. The paper considers ‘the question of Palestine’ as a rigorous test for intellectuals in the Global North today, and examines particular debates over free speech, civility and balance that unfolded in the wake of Israel’s 2014 war on Gaza. It considers the interventions of international lawyers in these debates with reference to Edward Said’s ‘amateur’ and ‘professional’ intellectuals, and explores ways in which anti-colonial international lawyers (as amateur intellectuals) can transcend prevailing professional orthodoxies to deploy language, arguments or tactics that rupture liberal legal processes and narratives on Palestine.     

The Politics of International Law in the Post-Soviet Space: Do Georgia,Ukraine, and Russia ‘Speak’ International Law in International Politics Differently?

Abstract

Since the Soviet Union’s collapse, Ukraine, Georgia and Russia have faced the challenge of taking their positions in the politics of international law as part of their transformation processes. Strong dynamics of conflict have shaped these states’ politico-legal actions and interactions, for example, the Russo–Georgian War, the annexation of Crimea and the armed conflict in East Ukraine. This essay explores whether, how and why Georgia, Ukraine and Russia ‘speak’ international law in international politics differently. It discusses conceptual approaches to empirically analysing the processes of translating political preferences into legal arguments as well as how ‘communicators of international law’ in the post-Soviet region use the language of international law differently.     

The need for international cooperation in combating terrorism

Abstract

As this paper briefly notes, an elaborate international legal system has been established to combat terrorism. But this system has two primary deficiencies: There are serious gaps in the current law and the law already on the books is not being implemented vigorously. The paper examines the specific nature of the gaps and recommends the establishment, under the auspices of the United Nations Security Council, of a committee to oversee implementation of the antiterrorist conventions. The paper also examines some recent work of a less well‐known branch of the United Nations, the Committee on Crime Prevention and Control. Finally, the paper considers the possibility of establishing an international criminal court with jurisdiction over drug trafficking and related acts of terrorism, a proposal that is currently on the agenda of the United Nations International Law Commission.     

Current legal approaches to international Terrorism

Abstract

Most difficulties in achieving international cooperation to suppress “terrorism” reflect failures to take account of the way authority is distributed in the international legal order. Attempts to narrow or abolish the “political offense,” exception to extradition treaties, are seen as either futile or self‐defeating for both political and legal reasons. Five other approaches are analyzed and promise is seen in three of them. The fourth, resting on the extension of national jurisdiction in disregard of the limits inherent in the international legal order, is seen as the one most attractive to the United States, Germany, and Iran, but the one most likely to lead to unmanageable political complications. The fifth, relating to an “international criminal court,” is seen as most attractive to lawyers who would like to rule the world, but is inconsistent with both law and reality. A plea is made to statesmen and lawyers to examine the other three more closely.     

Maintaining disorder: the micropolitics of drugs policy in Iran

Abstract

This article analyses the ways in which the state ‘treats’ addiction among precarious drug (ab)users in Iran. While most Muslim-majority as well as some Western states have been reluctant to adopt harm reduction measures, the Islamic Republic of Iran has done so on a nationwide scale and through a sophisticated system of welfare intervention. Additionally, it has introduced devices of management of ‘addiction’ (the ‘camps’) that defy statist modes of punishment and private violence. What legal and ethical framework has this new situation engendered? And what does this new situation tell us about the governmentality of the state? Through a combination of historical analysis and ethnographic fieldwork, the article analyses the paradigm of government of the Iranian state with regard to disorder as embodied by the lives of poor drug (ab)users.     

Two-dimensional legislative conflict: unique implications for the effectiveness of local councils

ABSTRACT

Organisational scholars argue there are two distinct types of conflict found in the private-sector workplace. One is referred to as task conflict and the other relational conflict. We use their insights to devise our own measures of conflict on local elected councils. As opposed to ‘task conflict’ we use the term ‘policy conflict’ and keep the same nomenclature ‘relational conflict.’ We will contend it is important to not conflate the two. In this work, we test our unique operationalisations of conflict on an established measure of Governing Board Effectiveness. Because of concerns over using the same survey instrument to measure both explanatory variables and the dependent variable we also test our thesis regarding two-dimensional legislative conflict on entirely exogenous measures of ‘healthy cities.’ We find that higher levels of policy conflict comport with good governance outcomes, while relational conflict provides no measurable benefit.     

Civilization and international society: the case of European Union expansion

Joining a society of some kind requires the fulfillment of certain standards. In international society, states acknowledge the need for certain collective standards of international conduct if international order is to be maintained. The first truly global application of international norms took place during the nineteenth century through the process of the expansion of the European society of states and its gradual transformation to the contemporary global international society. In this process, the standard of ‘civilization’ played an essential role in determining which states would join the expanding European society and which ones would not. Despite the major changes that have occurred, the standard of ‘civilization’ has remained an international practice as well as a benchmark against which the attitudes and policies of states are assessed. Nowhere can this be seen more clearly than in the EU policy of ‘membership conditionality’. Although many explanations for EU expansion have been put forward rather absent from debate has been the civilization dimension which is embedded in membership conditionality and which should be given more emphasis.     

Enforcing labour rights of irregular migrants in Indonesia

The multi-directional nature of labour migration flows has resulted in an increasing number of countries having become both senders and receivers of regular and irregular migrants. However, some countries continue to see themselves primarily as senders and so ignore their role as a receiving country, which can have negative implications for the rights of migrants in their territory. Using the example of Indonesia, which is State Party to the 1990 UN Convention on the Rights of All Migrant Workers and Their Families, this article demonstrates that irregular migrant workers in this country have the legal right to protection against labour exploitation even when they work despite the government’s prohibition on employment. The article discusses the ‘right to work’ and how international human rights law has translated it into the ‘right to protection from labour exploitation’ for irregular migrants in Indonesia. By way of two case studies about the Indonesian government’s handling of irregular migrants, it shows how it prioritises enforcement of the employment immigration law over labour and employment laws much like countries that have not ratified the ICRMW. It also draws attention to legal protection gaps that emerge for asylum seekers when they are recognised to be genuine refugees.     

Norm-making,norm-taking or norm-shifting? A case study of Sino–Japanese competition in the Jakarta–Bandung high-speed rail project

This paper’s main aim is to contribute to the debate on the impact of China’s rise on the established norms and practices in the field of international development. To do so, it zooms in on a single infrastructure project, the Jakarta-Bandung high-speed rail line, which involved intense competition between China and Japan. Specifically, it examines how competition between China, a non-Western emerging power, and Japan, an OECD member, led to a recalibration of both China and Japan’s approaches to infrastructure financing in the region. The findings suggest that rather than straight convergence or competition between diverging models, there is an ongoing process of two-way adjustment between China, and representatives of the dominant global norms and practices. We also argue that to understand the implications of China’s participation in the field of international development, and its impact on the ‘rules of the game’ of global governance, researchers should avoid positioning inquiries within the premises of China’s one-directional impact on the development assistance regime. Rather, it is necessary to take into account a complex set of relationships including China, host countries and other ‘socialised’ actors, and the process of negotiation between them.     

The New Biopower: Poverty Reduction Strategy Papers and the obfuscation of international collective responsibility

As successors to structural adjustment programmes, Poverty Reduction Strategy Papers (prsps) were introduced in 1999 as preconditions for World Bank and imf concessional financing and for debt relief. prsps now serve as the basis of negotiations for a variety of development financing and have influenced the design of other aid instruments. This paper considers the impact of the prsp framework on the constitution of global economic governance, in particular its effect in foreclosing possibilities for a radical revision of the rules and institutions of international economic law. The paper argues that the prsp project not only reframes fundamental tenets of international co-operation and global communal responsibility but also establishes a new disciplinary framework for Third World state engagement with the global economy and the international law which sustains it. In this way the discourse and methods of resistance against the injustices of the international order have been appropriated to distil such dissent through qualified operationalising of contestable notions of ‘participation’, ‘ownership’, ‘partnership’ and ‘poverty reduction’, disabling the resurgence of any form of emancipatory politics in the international economic order, whether through a state-led nieo-style revival or cosmopolitan social movement.     

A genealogy of EU discourses and practices of deliberative governance: Beyond states and markets?

The article offers a genealogy of ‘deliberative governance’ in the EU—an important contemporary discourse and practice of ‘throughput legitimacy’ within that setting. It focuses on three key episodes: the late 1990s ‘Governance’ reports of the European Commission's in‐house think‐tank, the Forward Studies Unit (FSU); the Commission's 2001 White Paper on Governance; and the EU's ‘Open Method of Coordination’, which emerged in the 1990s and was widely studied in the early and mid‐2000s. The genealogy serves to highlight the particular intellectual lineages and political contingencies associated with such a discourse and in so doing points to its exclusive potential in both theory and practice. In particular, the article argues that it excludes, on the one hand, those championing the enduring sociological and normative importance of the nation state and an associated representative majoritarianism and, on the other hand, those (excessively) critical of a functionalist, neoliberal, market‐making status quo.     

Notes on contributors

‘Postcolonial studies’ is the term given to the study of diaspora and the ideology of colonialism. Since the 1970s, when postcolonial studies was termed ‘Third World’ literature, and the 1980s, when it became ‘Commonwealth’ literature, the persistence of the framework of centre and margin, coloniser and colonised, has endured as a lens with which to view human identity and cultural expression. However, the relationship of postcolonial studies to international development is less well explored. Much of postcolonial studies is concerned with articulating patterns of gain, loss, inclusion, exclusion, identity formation and change, cultural evolution and human geographical dispersal in the wake of the after-effects of colonial rule. Postcolonial critics examine texts and images in order to make inferences about the significance of cultural identity and expression under these conditions. Often this is with a diachronic view of history. International development studies offers postcolonial critics a synchronic perspective on both the policy and materiality of political ideologies affecting cultural identity and expression. This paper looks at how the relationship between postcolonial and international development studies might be furthered in a dialectical exchange. Postcolonial critics such as Said and Pollard et al offer a critical understanding that informs policy making in international development contexts.     

Knowing Me,Knowing You: Media Portrayal of the EU in Kazakhstan

Abstract

The dichotomy of Self/Other prevails in shaping identity. This article asks how and to what extent the elements of the EU’s image produced by media discourse shape the national identity of Kazakhstan. It contends that a state’s identity can be formulated not in opposition—that is, not ‘Us against Them’—but rather, ‘Us as One of Them’. It argues that, in the case of Kazakhstan, the predominantly positive media discourse about the EU ‘Other’ contributes to a positive formulation of the Self via the legitimisation of the domestic regime on the national and international levels.     

From the New International Economic Order to the G20: how the ‘global South’ is restructuring world capitalism from within

Abstract

In the early 1970s the G77 and the Non Aligned Movement ( nam ) challenged the material and intellectual pillars of the postwar liberal capitalist system through collective action at the UN to establish a New International Economic Order ( nieo ). The aim was to complete the ‘emancipation’ of the ‘global South’ by creating binding institutional frameworks, legal regimes and redistributive mechanisms correcting historically constructed core–periphery disparities. That ambitious effort failed in the face of ‘Northern’ resistance and national segmentation within the nam . Today re-emerging states of the global South are engaged in a more successful effort to gain voice and alter international hierarchy by claiming a central place in the world capitalist system and restructuring it from within. The vertical late-modern world system centred in the Atlantic and ordered by the ‘West’ is thus gradually giving way to a polycentric international structure in which new regional and transnational ‘South–South’ linkages are being formed. This paper critically reviews the transformation and argues that, while it is creating long sought-for conditions of relative international equality, it has also dampened the emancipatory promise of the anti-colonial struggle.     

EMERGING ISSUES IN PUBLIC ADMINISTRATION

This article briefly examines five subfields of the public administration literature in the context of the major changes which have occurred in each of those fields since the 1940s. Major changes include: the alleged shift to‘globalization’affecting comparative public administration; the spread of‘economic rationalism’in policy analysis; the new wave of‘managerialism’affecting the study of the public service; the transformation of administrative technique by‘informatization’; and the rise of legal formalization in some fields redrawing the traditional boundary Unes between law and administration. For each of these subfields of public administration, three types of‘emerging issues’are identified. Some of the trends discussed - particularly managerialization and juridification - seem to be in tension with one another, suggesting alternative possible futures for public administration. Moreover, since many of the intellectual and doctrinal shifts seem to reflect a reaction against the shortcomings of an earlier orthodoxy, a counter-reaction in the longer run cannot be ruled out.     

The paradox of Turkish–Iranian relations in the Syrian Crisis

Abstract

Iran and Turkey have competed for regional power projection in Syria and sought through cooperation to find a peaceful end to the conflict in the Astana talks, while also at the same time confronting each other in Idlib province via proxies. This simultaneity of competition, cooperation and confrontation in the Syrian Crisis presents a picture of a relationship that is riddled with contradictions and is in effect a paradox. The question that must be asked is, how can we understand this puzzle of competition, cooperation and confrontation in Turkish–Iranian relations in the Syrian Crisis? International historical sociology (IHS) research brings in discussions on the longue durée, narratives, domestic constraints and, most important, the international which can help decipher this intellectual puzzle. Moreover, the ‘relationality’ of each country’s policies in Syria combined with IHS can help unlock the puzzle of the Turkish–Iranian relationship in the Syrian Crisis and provide insight into the debate surrounding the outbreak of war.     

The origins and politics,campaigns and demands by the international fisher peoples’ movement: an Indigenous perspective

Abstract

This reflective contribution discusses the intersection of Indigenous and Small Scale Fisheries’ (SSF) issues, and how the international SSF movement has a critical role in the broader struggle for the convergence of social justice regarding the environment, food and lifeways. I explore some of the political tensions around Indigenous and SSF struggles against global neoliberalisation of land and water resources, some of the successes and challenges of the international SSF movement, and future considerations for academic/activist ‘decolonising’ work.     

Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America

Abstract

In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system – the very system to which so many well-meaning programmes promise access – is, for these groups and their members, often partial justice at best. Efforts to increase the space governed by autochthonous justice are more likely to produce true legal agency for both the communities and their members, although they raise important issues for included subgroups, such as women or culturally nonconforming groups. Somewhat paradoxically, indigenous groups’ engagement with the very apex of formal systems, through constitutional litigation, has been one avenue for increasing that space, thus reflecting the exercise of collective legal agency in the pursuit of collective and individual legal agency.     

Terrorism and piracy: A legal view

Abstract

Terrorist attacks on persons or property on the high seas or in the newly designated “exclusive economic zones” bear analogy closer to the traditional international law of “piracy” than most observers suspect. In traditional practice “private ends” in the usual sense was not an essential element of the offense; the label and its legal results were attached to unrecognized belligerents too. The latest codifications of the international law relating to piracy, principally those deriving from the 1958 Geneva Convention on the High Seas, are patently defective. A new formulation is proposed, with a commentary that, among other things, points out how international criminal law and universal jurisdiction can be coordinated with the generally accepted international law of armed conflict to clarify what is currently a chaotic legal situation.     

Otherising Iran in American political discourse: case study of a post-JCPOA senate hearing on Iran sanctions

Using van Dijk’s critical discourse analysis, this paper attempts to analyse the ways in which the Islamic Republic of Iran is constructed as a security threat in US congressional hearings. The article is based on the case of the two-day congressional hearing on post-JCPOA (Joint Comprehensive Plan of Action) held by the US Senate Committee on Banking, Housing, and Urban Affairs, on 24–25 May 2016. The session was presumably held to examine ‘sanctions relief’ provided to Iran; however, the study reveals that through the use of discursive tools such as lexical style and argumentation, Iran is framed and evaluated as a security threat to (1) the US; (2) US allies, specifically Israel; and (3) the international community. This construction reflects the established political and ideological stereotypes and also orientalist clichés which have led to Otherisation and vilification of Iran. Therefore, by representing Iran as an ‘irrational’, ‘radical’ and ‘barbaric’ entity, the US discrimination against Iran through sanctions and other unilateral political decisions is legitimised and justified.