Norm subsidiarity and institutional cooperation: explaining the straits of Malacca anti-piracy regime

Abstract

Given competing interests among the three littoral states of Malaysia, Singapore and Indonesia, what explains the nature and timing of their cooperative arrangement in combating maritime piracy in the Straits of Malacca in the post-2004 period? This observation is especially puzzling because the material and strategic interests of these actors generally did not change during the time period that witnessed increased cooperation. We argue that key developments of the anti-piracy regime in the Straits of Malacca cannot be fully explained by rationalist approaches, which traditionally stresses material and national interests of states. By critically engaging constructivist approaches, this paper posits that Malaysia, Singapore and Indonesia engaged in a process of norm subsidiarity. Through norm subsidiarity, relatively weak states get together to develop their own rules to prevent their exclusion or marginalization from institutions of global governance by more powerful actors. The littoral states engaged norm subsidiarity to resist extra-regional attempts to manage piracy in the Straits of Malacca. These extra-regional security proposals triggered a powerful regional cognitive prior, providing the impetus for an indigenous response, leading consequently to a collective cooperative effort to deal with the threat of piracy.     

Who governs? Delegations and delegates in global trade lawmaking

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.     

Baker & McKenzie's regular article tracking developments in EU law relating to IP, IT and telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, E-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Desistance as a Developmental Process: A Comparison of Static and Dynamic Approaches

New research in the field of developmental criminology has led researchers to reconceptualize desistance as a behavioral process that unfolds over the life course. This approach puts more emphasis on the pathways by which people reach the state of non-offending, and less emphasis on the state of non-offending itself. This reconceptualization has implications for how we measure desistance in longi-tudinal data. In this paper, we suggest that the traditional measurement approach is inconsistent with this view, and we present an alternative measurement approach based on the premises of developmental criminology. Although not perfect, we argue that the dynamic measure better describes the key elements of the process of desistance. Both approaches are implemented using data from the Rochester Youth Development Study, a longitudinal study of youthful offenders. We demon-strate that the two approaches identify different people as desistors. Moreover, we argue that the dynamic definition of desistance has more promise for providing insight into the changes that are the behavioral focus of the desistance process.     

EU update: Baker & McKenzie’s regular article tracking developments in EU law relating to IP, IT & telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. Additional commentary is also provided in relation to a few select areas of particular interest. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Political economy,the Agrarian question and the comparative method

This is the text of an Inaugural Lecture, given at the School of Oriental and African Studies, University of London, on 28 October, 1994. In it the case for classical political economy, and especially its Marxist variant, as a means of analysing the problems of economic development, is argued. Three major preoccupations of classical political economy are identified: accumulation, class and the state. The agrarian question is considered, and the significance of these in its analysis is posited. With the agrarian question in mind, the importance of the comparative method is urged. Some problems associated with the comparative method are considered, and, in the political economy context, the strength of the case‐oriented rather than the variable‐oriented variant of the comparative approach is stressed.     

OMAN: A CENTURY OF OIL EXPLORATION AND DEVELOPMENT

This is the history of the search for, and eventual discovery of, oil in Oman, from the first geological survey in 1925 by George Lees and his party through to modern times. For many years survey work was hampered by disputes between the tribes and the Sultan. Then bad luck with the Fahud-1 well in 1957 meant that it was not until 1963 that oil was finally struck in the Natih field. Oil quickly became the mainstay of the Omani economy. This is the slightly edited text of the lecture which he delivered to the Society on 20 February 2008.