ASEAN at 40: Prospects for Community Building in Southeast Asia

In 2007, the Association of Southeast Asian Nations attempted to celebrate its 40^th founding anniversary with a bang as it was about to set another milestone, which is the signing of the ASEAN Charter. However, the celebration was overshadowed by the political crisis in Myanmar following the military's crackdown on protesting monks and their democratic supporters. The inability of ASEAN to influence events in that country became the focus of public attention in the region and the international community. Even the much-vaunted milestone of finally having an ASEAN Charter was a major disappointment for many in Southeast Asia as the final document signed by ASEAN leaders was everything but bold, forward-looking, and transformative. It became an object of criticism mainly by some think tanks and civil society groups in the region because it paled in comparison to the recommendations of the Eminent Persons Group that drafted the blueprint of what the ASEAN Charter should look like.

This article describes the major milestones and turning points of ASEAN's regionalism project over the last forty years. It also attempts to identify the major issues and challenges to ASEAN's community building efforts in the future. The main argument of this article is that ASEAN's continuing relevance to the people of the region can be ensured only if it seriously opens up to greater participatory regionalism. Only then can ASEAN be transformed into a truly people-centered organization.     

How Do Public Organizations Learn? Bridging Cultural and Structural Perspectives

How do public organizations learn? The organizational learning literature suggests distinct cultural and structural routes to learning. However, such categorizations oversimplify. Leaders seeking to foster learning should recognize that most relevant organizational variables combine structural and cultural aspects, which are mutually dependent on one another. The strongest influences are the existence of work groups that are purpose driven and incorporate the views of all members, including dissenting views. Such learning forums can be fostered through formal requirements, but they need appropriate cultural characteristics to succeed. Mission orientation, decision authority, information systems, and resource adequacy are also positively related to improved organizational learning.     

Colonialism and the criminal justice system in Nigeria

This article examines the development and subsequent evolution of Nigeria's criminal justice system. The history of the Criminal justice system in Nigeria dates back to the colonization of the country in the late 1800's by Europeans, who introduced imprisonment based on their own correctional system.

Although interpretation of the causes of the development of the Criminal Justice system in Nigeria may differ, there can be no disputing the fact that the system is foreign‐made. Here was an invasion and revolution in social practice. The earlier events that led to the development of Nigeria's criminal justice system include: the British occupation of Nigeria, The Nigeria‐Europe confrontation and the Slave Trade. Although some British participants in the development of criminal justice in Nigeria had humanistic and religious inclinations, the system was formed to protect the Europeans from the natives they were exploiting and oppressing.     

Redistributing the energy tax burden in the Philippines

This paper uses an aggregate modelling approach to assess the impacts of a redistribution of the taxes and duties that currently exist on crude oil and refined petroleum products on the Philippine economy. The approach used in the analysis consists of a general equilibrium model composed of fourteen producing sectors, fifteen consuming sectors, three household categories classified by income and a government. The effects of replacing the taxes and duties on crude oil and refined petroleum products with a more broad based tax on manufacturing and service sectors output on prices and quantities are examined. The results are revealing. For example, the consequences of redistributing the tax burden away from petroleum products to the manufacturing and service sectors of the Philippine economy will be an increase in output by all producing sectors of about 3.5 percent or about 2.4 hundred billion Philippine pesos, a rise in the consumption of goods and services by about 6.1 percent or 1.6 hundred billion Philippine pesos, a rise in total utility by 6.9 or 1.9 hundred billion Philippine pesos, and virtually no change in tax revenue for the government. When subjected to a sensitivity analysis, the results are reasonably robust with regard to the assumption of the values of the substitution elasticities. That is, while the model's equilibrium values do vary in response to different assumptions of the values of these elasticities, the fluctuations are not so enormous to suggest that the model is unrealistically sensitive to these parameters.     

What is a Fair Trial? Rape Prosecutions, Disclosure and the Human Rights Act

This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the authors argue for the infusion of the legal debate on disclosure with feminist understandings of wider cultural debates. They suggest that an increased reflexivity about intimacy, publicity and power, leading perhaps to the development of a concept of ‘democratic publicity’ (Fraser, 1997, p. 100), might help to revision the meaning of ‘relevant’ evidence in the rape trial. They also suggest that the wide-ranging cultural debate about memory, truth and history, and the emerging commitment to experimentation in responding to massive, institutionalised human rights violations (including apartheid, war crimes and child abuse) might be of use in deepening current thinking about the rape trial and listening to the ‘voice’ of the complainant. This revised version was published online in July 2006 with corrections to the Cover Date.     

Political Integration, the Limited State, and the Philosophy of Postmodernism

From the standpoint of its critics, postmodernism represents the disintegration of the modern philosophical and ethical tradition into relativism and corrosive scepticism. But it may also be seen in a more positive light. I do not mean the light shed by the uncritical optimism of defenders who identify it with openness and true toleration. I mean, rather, that it may be seen as a step towards a more modest conception of man and of politics than has characterized the past two centuries. This modesty as yet assumes only a precarious form in postmodern thought, but ways are suggested here by which it may be reinforced. In particular, so far as politics are concerned, the postmodern stress upon difference appears to point towards a rediscovery of the contemporary relevance of the classical ideal of civil association. It is this ideal which represents the most effective means of coming to terms with the 'new politics' which postmodernism represents the politics, that is, of 'inclusion', devoted to hitherto excluded sexual, racial, and ecological issues. In so far as this interpretation of postmodernism is a plausible one, it lends some support to the view of Agnes Heller and Ferenc Feher that we may be entering an era of 'settling in', following upon the era of ideology. To give their precise words: 'If modernity is the drama of permanent revolution, postmodernity may be characterized as the epic of settling-in.' (The Postmodern Political Condition, p.158.) Out of the disintegration of philosophy and the critique of liberal foundational doctrine, then, it may be that the way is being paved for a more viable framework for limited politics.     

The Royal Prerogative in the Realms

From 1840, the laws of New Zealand have comprised the common law and statute law, both of which – but especially the former – were originally based upon the laws of England and continued to draw upon English jurisprudence. Since New Zealand was regarded as a settled colony, the settlers brought with them such of the laws of England as were applicable to the circumstances of the colony. This included the royal prerogative.

Although elements of the royal prerogative are obsolete or have been subsumed in parliamentary enactments, there are a number of aspects that continue to be used by the Crown today. One is the honours prerogative. The changed nature of the Crown (and in particular its division among the realms) has, however, led to some uncertainties. In particular, there have been questions regarding the use of the royal prerogative in respect of armorial bearings, and the proper exercise and application of the Law of Arms. This has never caused serious difficulties in New Zealand – if indeed it can be said to be an issue at all – but the Canadian case of Black v Chrétien has shown that disputes over honours and dignities can arise, and can have serious political or constitutional implications.

This paper considers the introduction of the royal prerogative to the realms, and some of the implications and possible difficulties which this process may have led to.     

Pro-poor values in agricultural research management: PETRRA experiences in practice

PETRRA was an agricultural research-management project which used a values-based approach in project design, planning, and implementation. Through an experiential learning process, agricultural research and development (R&D) institutes, NGOs, private agencies, and community-based organisations rediscovered and improved the understanding of their strengths in meeting development commitments. The project successfully showed how values-based research can meaningfully be implemented and a sustainable pro-poor impact achieved.     

Do Formalist Judges Abide By Their Abstract Principles? A Two-Country Study in Adjudication

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Recent literature in experimental philosophy has postulated the existence of the...