How an Authoritarian Regime in Burma Used Special Courts to Defeat Judicial Independence

Why do authoritarian rulers establish special courts? One view is that they do so to insulate the judiciary from politically oriented cases and allow it continued, albeit limited, independence. In this article I present a contrary case study of an authoritarian regime in Burma that used special courts not to insulate the judiciary but to defeat it. Through comparison to other Asian cases I suggest that the Burmese regime's composition and character better explain its strategy than does extant judicial authority or formal ideology. The regime consisted of war fighters for whom the courts were enemy territory. But absent popular support, the regime's leaders could not embark immediately on a radical project for legal change that might compromise their hold on power. Consequently, they used special courts and other strategies to defeat judicial independence incrementally, until they could displace the professional judiciary and bring the courts fully under executive control.     

Contested Asia's ‘New’ multilateralism and regional order*

Multilateralism has become an increasingly significant part of Asia's international relations. This paper critiques the premise that there are two phases of regional multilateralism, pre- and post-global financial crisis and instead argues that there has been one long 25-year expansion phase. Initially, this was prompted by the risks and opportunities of globalization but was adapted as a strategy to manage a changing regional order. More recently, regional multilateralism has taken on competitive characteristics reflecting Asia's more contested dynamics. The US and its allies are trying to use multilateralism as part of their broader strategy to sustain the prevailing regional order. China is also attempting to use multilateralism as a part of its efforts to change the region to one more in line with its interests and values. Multilateralism has become a sublimated form of contestation over the form and function of Asia's international order. A key consequence of this will be to weaken the policy impact of existing institutional efforts and to promote zero-sum approaches to international policy among many Asian states.