Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

The Political Economy of Intellectual Property Protection: The Case of Software

The end of the twentieth century was marked by a sea change in global governance in the realm of intellectual property rights (IPRs). Whereas countries historically retained substantial autonomy with regard to what they defined as intellectual "property" and the rights granted to the owners of intellectual property, the 1990s witnessed the establishment of new global obligations regarding national practices. This paper focuses on the case of software "piracy" to assess the mechanisms by which the new global obligations for the treatment of IPRs are transmitted from the international to the national levels. We first consider a set of national-level factors that many scholars have shown to be important determinants of IPR policy. We then supplement the standard emphasis on domestic factors with an analysis of new transnational factors: countries' multilateral obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral pressures from the United States to increase the protection of IPRs. Population-averaged panel data models are used to assess the effects of these national and transnational determinants on levels of software piracy in 80 countries from 1994 to 2002. Our results indicate that membership in the WTO and bilateral pressures from the United States—particularly pressures that offer reciprocal concessions—lead to substantial increases in levels of protection in rich and poor countries. There is, in short, a new international political economy of intellectual property.