How the East Asian Crisis Will Change International Relations

We may expect regional response to the tension and conflict in Asia begun by China in 2009 gradually to transform the international order in that region, where the United States has been the active great power. Today the United States is so overextended in commitments and so lacking in force structure (and political will) that she can no longer play that role. Nor, however, has China succeeded in her initial assumption that regional powers would defer to her vastly increased military power. Unless China finds a way to extricate herself, we may expect regional powers, each strengthening herself, to grow closer together as a group in which Tokyo plays an unaccustomed central role, both in diplomacy and arms supply, although in coordination with the United States. North Korea is also highly dangerous. The likely outcome is greater military strength generally, with South Korea and Japan nuclear powers.     

Representation or abdication? How citizens use institutions to help delegation succeed

Abstract. Modern democracy requires delegation. One problem with delegation is that principals and agents often have conflicting interests. A second problem is that principals lack information about their agents. Many scholars conclude that these problems cause delegation to become abdication. We reject this conclusion and introduce a theory of delegation that supports a different conclusion. The theory clarifies when interest conflicts and information problems do (and do not) turn delegation into abdication. We conclude by arguing that remedies for common delegation problems can be embedded in the design of electoral, legislative, and bureaucratic institutions. The culmination of our efforts is a simple, but general, statement about when citizens and legislators can (and cannot) control their agents.     

What’s So Funny About That?

This paper argues that it is impossible to know why we laugh. There are a number of theories that attempt to explain why we laugh but they all have limitations. It is possible, however, to know what makes us laugh and 45 techniques that inform humor are listed and used to analyze a number of humorous texts. These techniques can also be used to study the humor of different nations to determine which they favor and which they neglect, thus offering insights into national character.     

‘The beneficent and legal godfather’: a history of the guardianship of unaccompanied immigrant and refugee children in Australia, 1946–1975

Abstract

In Australia in 1946, the Immigration (Guardianship of Children) Act was passed. This Act was intended to support the postwar migration to Australia of British children, unaccompanied by their parents, and provided them a guardian in Australia: the Immigration Minister. This key provision of the Act continues into the present, covering all unaccompanied child migrants, including refugees. Starting with the parliamentary debates which occurred at the formation of the Act in 1946, this article traces a history of the Act until its first High Court challenge in 1975. In doing so, a focus is placed on a series of key questions raised by its production of categories: How does the Act construct ideas of migranthood? What do the discussions it has provoked have to say about notions of parenthood and the ideal family? And, finally, what concepts of the child have been produced through this legislative and legal history? Through an examination of archival materials, parliamentary debates, court records, and newspaper coverage, this article explores the discursive productions of the Act, following the understanding that ideas of the family, of parenthood, of guardianship, of migrant status, and of the child are not natural, but instead are historically created and produced, here through racialized techniques of governmentality.     

Domestic judicial defiance and the authority of international legal regimes

Tensions and occasional overt defiance of international courts suggest that compliance with international regimes is not a self-evident choice for domestic judges. I develop a formal theory of domestic judicial defiance in which domestic and supranational judges vie for jurisprudential authority in a non-hierarchical setting. The model emphasises the role of domestic non-compliance costs and power asymmetries in determining the conduct of domestic and international judges. I argue that the EU represents a special case of a particularly effective international regime. Weak domestic courts have little to gain from an escalated conflict with the European court of Justice. But even domestic judicial superpowers like the German Federal Constitutional Court have strong incentives to seek mutual accommodation with European judges. The analysis also yields new insights into concepts, such as “judicial dialogue” and “constitutional pluralism” that have featured prominently in the legal literature, and suggests new hypotheses for empirical research.     

The inadequate legislative response to e-signatures

This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on the Use of Electronic Communications in International Contracts would improve the identified weaknesses. It concludes that such an update would clarify some issues, but that overall it will not solve the difficulties. The article ends with a brief speculation on the likely attributes of a more helpful approach.