On fighting for global justice: the role of a Third World international lawyer

Abstract

The life of a Third World international lawyer is devoted to resistance to the norms of international law designed by agents with power to promote the interests of the powerful sections of the international community. Increasingly the instrumental norms of international law are fashioned through the use of private power, making the positivist claim that public international law is a law between states illusory. The task of this paper is to identify a framework of common concerns so that a collectivity of Third World lawyers can work together, examine how mechanisms of power can be countered, and devise a confrontational strategy.     

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.     

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.     

Terrorism and overkill

The purpose of this paper is to review the international terrorist activities of the last half century of this millennium and to make a case for needed changes in U.S. efforts to curb the growth of terrorism. Unless we can muster a unified front against global terrorism and organized crime, we are in danger of carrying these burdens with us into the new millennium. Whereas most discussions are focused on how to respond during or after a terrorist event, this paper explores measures for averting international terrorism disasters before they occur. With the growing availability of weapons of mass destruction and computer technology to terrorist and organized crime groups, there is a growing potential for disasters of proportions never before experienced. Consequently the risks are becoming too great to continue with a reactive approach to terrorism. The paper begins with a discussion of how the basis for international terrorism has changed since its modern form began in the 1960s. It then extrapolates the evolutionary trends of terrorism to make projections for what we can expect in the future. Finally, it presents a number of practical ideas for preventing terrorist actions before they occur, beginning with an argument for redefining terrorism in terms that enable us to organize more effectively against it.     

Fifty years of creativity,crisis, and cancer in Uganda

Abstract

This article tells the story of the Uganda Cancer Institute over the past 50 years. I discuss the fundamental dynamism of research collaborations and the ways in which they bring vital yet partial investments in improving the capacity of medical facilities in sub-Saharan Africa. I explore the ways in which patient populations and the needs of caretakers themselves shape research collaborations. I also show how extreme oscillations in the capacity to conduct oncology research and provide care were (and are) tied not only to shifting international research priorities, but also to broader upheaval and periods of stability in Uganda since independence in 1962. Rather than dwelling on the debris, ruins, or an emptying of capacity in the health sector in Africa, this article highlights how this experimental infrastructure in East Africa not only survived, but also fundamentally shaped a culture of care and oncology practice that lived on.     

Disaster documentation: improving medical information-sharing in sudden-onset disaster scenarios

Abstract

This study investigates clinical practitioners’ use of medical documentation during sudden-onset disasters in order to better understand how we can improve practice. Thirteen participants, representing nine nationalities and six clinical disciplines (with the collective working experience of at least 15 different organisations providing disaster response), underwent semi-structured interviews using an inductive approach based in grounded theory. The initial codes and themes were analysed over four coding rounds and developed into selective codes. The findings suggest that documentation is overwhelmingly de-prioritised in disasters due to competing demands; there is little incentive to complete documentation at an organisational or government level; practitioners acknowledge the importance of and need for adequate documentation; paper documentation still has its place whilst electronic approaches have both benefits and drawbacks; and disasters require bespoke documentation solutions. Development of the emergency medical team (EMT) ‘data management’ role within EMTs may be one way to focus teams on key areas of improvement.     

Ad hoc coalitions and institutional exploitation in international security: towards a typology

Abstract

While the increasingly thick web of global, regional and sub-regional security arrangements and institutions has received ample scholarly attention, the phenomenon of ad hoc military coalitions and how they impact these institutions has been relatively little explored. We examine ad hoc coalitions in international security responses and develop a tentative typology of military responses that takes ad hoc coalitions into consideration, where we differentiate in terms of institutionalisation and duration. Following a rational-choice institutionalist logic, we argue that institutional proliferation increases the chances of institutional exploitation. We illustrate this with how states apply a pick-and-choose approach in which institutional products but not frameworks are used. They use the interoperable forces, a common culture and mainstreamed doctrine, but not the formal deployment of rapid response mechanisms of eg the North Atlantic Treaty Organization and the African Union. In closing, we observe that institutional proliferation in international security facilitates a functionalist approach mainly inspired by national self-interest. Future research should examine whether this could result in dwindling relevance of international institutions, first in the domain of security, but later also in other domains.     

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.     

Local government’s disaster management capacity and disaster resilience

ABSTRACT

The questions in this research are as follows: How does the disaster management capacity of local governments affect the disaster resilience of local communities? The research distinguished local communities by type according to their level of exposure to natural disaster hazards and the analysis compared the impact of the disaster management capabilities on disaster resilience by the type of natural disaster exposure. The analysis results are as follows: While the frequency of disasters local communities experience is low, the magnitude of disasters experienced is large; external network and manual had a positive effect on disaster resilience. When disaster frequency experienced by local communities is high, the magnitude of disasters experienced is small, and internal network and public relation contribute to increased disaster resilience. In conclusion, this research will help expand the externalities of disaster management discussed in the fields of public administration and policy.     

The family state: a non-realist approach to understanding Indonesia’s foreign policy

ABSTRACT

The existing literature on Indonesia’s foreign policy has excluded the state from the category of an agent which shapes the country’s external affairs. This trend certainly ignores the notion that foreign policy is a unique state activity taking place in the interface between domestic and international politics. To fill the gap, this article explores the idea about the family state and looks at its influence on the conduct of Indonesia’s international relations. The argument is that the family state pursues order in international society in which sovereignty can be maintained. Indonesia plays the role of an order-maker in Southeast Asia through the Association of South East Asian Nations (ASEAN). The order-oriented actions are displayed by Jakarta’s diplomacy to resolve border disputes with neighbouring countries in the region.     

Mass destruction

How international organizations influence the domestic politics and foreign policies of states is often ignored in the study of international cooperation. This article develops an approach focusing on how states may influence the international agenda, which then shapes the position‐taking opportunities and constraints politicians face as they try to maintain their domestic political positions. This article is a preliminary exploration of how agenda setting works, what kinds of agenda‐setting strategies are available, and under what conditions agenda setting matters. Aspects of past secessionist crises will be used to clarify the discussion. The interaction between domestic position taking and international agenda setting will then be applied to the current crisis in Yugoslavia to determine why Greece, in particular, has been more influential than one might have expected.     

Overcoming Constraints of State Sovereignty: global health governance in Asia

Abstract

In an increasingly globalised world effective international communicable diseases control requires states to embrace basic norms informing global health governance. However, recent international public health crises have shown that states continue to use national sovereignty to justify non-compliance with these norms. In this article we use three recent high-profile examples from Asia in which the tight hold of state sovereignty cut into the effective implementation of international communicable disease control efforts. Taken together, the three cases illustrate a wider trend in which states historically diminished in structural power or subject to imperialist intrusion contest the legitimacy of global governance initiatives if they are perceived to be another vehicle for the imposition of exogenous norms that do not reflect the values or goals of that state. In response to these challenges, three strategies are posited for how the actors involved in protecting public health might overcome the constraints of state sovereignty to more effectively address global public health threats created by the fluid movement of pathogens across borders.     

New Japanese Journals on Modern China

Abstract

This article explores popular religious conceptualizations of the environment and disasters in early twentieth-century China. In 1931, the city of Wuhan experienced a catastrophic flood. Soon a rumor began to circulate suggesting that the disaster had been caused by the recent demolition of a local Dragon King Temple. This article examines this rumor as a mode of popular discourse, using it to illustrate debates among members of the local population regarding the link between the environment, religion, and disasters. It describes the place of Dragon Kings in late imperial religious environmental management, before discussing how the status of these deities was devalued during the early twentieth century. It argues that, in spite of vigorous attempts at secular reform, for a large section of the population the experience of disasters continued to be dominated by popular religious conceptualizations of the environment. While modern critics disparaged what they saw as lamentable superstitions, for many people rainmaking Dragon Kings continued to exist.     

Inclusive partners? Internationalising South Korea’s chaebol through corporate social responsibility-linked development cooperation

Abstract

In recent years, non-traditional or ‘emerging’ donors such as South Korea have organised their development cooperation models in a manner that seeks to complement the capacities of the private sector by extending the overseas activities of domestic businesses. To better understand this process, this article examines the role of South Korea’s large, family-led conglomerates (chaebol) in its growing international development sector. In particular, we focus on how the concept of corporate social responsibility (CSR) has been used to link the role of its large, and frequently scandal-ridden, private companies to international development, and, by extension, how it has helped to internationalise state–business networks long associated with the Korean developmental state. We examine two strategies through which this has been carried out. The first is by extending the logic of creating shared value (CSV, a derivative of CSR) to aid and infrastructure projects in which chaebol and other state-linked businesses have participated. The second is by directly embedding CSR-based aid initiatives in the value chains of the specific chaebol themselves.     

Peripheral states and conformity to international norms: the dilemma of the marginalised

Abstract

This paper seeks to understand the seemingly paradoxical behaviour of states of the Global South, which on one the hand conform to transnational norms in order to integrate into the international society and on the other hand (sometimes simultaneously) differentiate themselves from them. To that end, this article develops the dilemma of the marginalised in order to show that conformity and differentiation become two paradoxical strategies for marginalised actors to pursue the same goal: equality with powerful states. The transformation of the Organisation of African Unity to the African Union, where significant changes in Africa’s policy vis-à-vis global powers took place, serves as a case study to illustrate how marginalised actors struggle between conformity and differentiation in order to claim their place in the international arena. It also shows how the dilemma of the marginalised can be compelling to help us understand the predicaments of marginalised actors across vastly different situations of structural inequality. Acknowledging the dilemma helps us understand their behaviour rather than to dismiss it as irrational, thereby recognising Third World agency in shaping the international system.     

Using Field Experiments to Elicit Risk and Ambiguity Preferences: Behavioural Factors and the Adoption of New Agricultural Technologies in Rural India

Abstract

We conduct a series of experiments in rural India in order to measure preferences related to risk, loss, and ambiguity. By combining these results with a discrete choice experiment over new and familiar rice seeds, we demonstrate how these behavioural parameters affect decisions to adopt new agricultural technologies, especially when the new technologies are risk reducing. We find that risk averse and loss averse individuals are more likely to switch to new seeds demonstrating risk reducing characteristics, while, contrary to expectations, ambiguity averse individuals are no more willing to retain their status quo than switch to cultivating the new variety.     

The Theory of International Media Diffusion: Political Socialization and International Media in Transitional Democracies

Despite the long-standing normative assumption that, for individuals in transitional states, exposure to Western media cultivates stronger attachments to Western political and economic values, the evidence presented here suggests otherwise. Using mass public survey data from the mid-1990s in five Central and Eastern European countries, this article demonstrates a general lack of support for international media’s positive contributions to individuals’ democratic attitudes and preferences for market economies. This finding is particularly unexpected because the countries under investigation represent ideal cases based on their proximity to Western democracies and international (Western) media sources’ capacities for extensive transnational media penetration into the region. Yet this failure to find persuasive evidence of the influence of international media diffusion on the development of Western political values sharpens our understanding of the process of political socialization in democratizing countries by eliminating an assumed source and is thus relevant to students of democratization, international development, and mass media.

Entangled in Social Safety Nets: Administrative Responses to and Lived Experiences of Internally Displaced Persons in Ukraine

Abstract

This essay explores the citizenship experiences of internally displaced persons (IDPs) in Ukraine. Since 2014, conflict in eastern Ukraine has forced over 1.7 million people to leave their homes. Unlike refugees, who are protected by international law, IDPs rely primarily on state support. Based on ethnographic research and analysis of secondary sources, the essay focuses on IDPs’ interactions with the state to highlight how displacement affects the provision of social guarantees. The discussion questions the distinctions between categories of migrants and citizens by offering insights into new modalities of controlled citizenship that displaced people live through.     

The Syrian wars of words: international and local instrumentalisations of the war on terror

Abstract

This article presents a study of the ‘wars of words’ among selected parties involved in the Syrian conflict. Based on a combination of content analysis and critical discourse analysis (CDA), it examines actors’ discourses within the United Nations Security Council (2011–2015), the global arena of confrontation and international legitimisation of armed actions. Here, it investigates their instrumentalisation of the word ‘terrorism’ and the war on terror narrative, and it explores the dynamics of discursive (de)legitimisation of the use of violence in Syria. The article shows how parties instrumentalised this narrative to criminalise their enemies while legitimising their own violent actions. By doing this, the paper also offers a broader reflection on the global narrative on terrorism, and its different reception and instrumentalisation by core and peripheral actors.     

Violence on Iraqi bodies: decolonising economic sanctions in security studies

Abstract

United Nations agencies report that by 1998, Iraqi infant mortality had risen from the pre-Gulf War rate of 3.7% to 12%. Insufficient food and medical supplies and deterioration of sewage and sanitation systems and electrical power systems reportedly caused an increase of 40,000 deaths annually of children under the age of 5 and of 50,000 deaths annually of older Iraqis. Why is this violence on Iraqis absent from analyses of sanctions in international relations and security studies? This paper is concerned with, first, situating sanctions against the Global South as violence by challenging the conventional theorisation of violence inflicted by the hegemon as a mechanism of ‘national security’. Second, we offer a decolonial reading of the sanctions imposed on Iraq by shifting the locus of enunciation from the state to Iraqi people’s suffering.