Using the Law as a ‘Harmonious Weapon’: The Ambiguities of Legal Activism in Favour of Migrant Workers in China

Abstract

Legal mobilization has spread in China over the past 20 years and is generally considered by both activists and scholars as a way to advance democracy and rule of law. Focusing on the mobilization in favour of migrant workers and on politically moderate practices, which are both more frequent and widely held as more successful, I argue to the contrary that resistance and reproduction of political domination are mutually constitutive. Public interest litigation and administrative litigation appear as new forms of political participation that constitute an internal regulation to the authoritarian regime, thus contributing to explain the regime's capacity to adapt and its durability. This article also accounts for new strategies developed by some lawyers that shun the courts and use law to ‘empower civil society’ and that thus do not contribute to structural reproduction. Though activists are struggling to turn their strategies into more institutionalized practices, they remain an ad hoc mechanism of internal control.     

The EU and Russia's conflicting regime preferences in Ukraine: assessing regime promotion strategies in the scope of the Ukraine crisis

This paper evaluates the competitiveness of the European Union (EU) and Russia's regime preferences in their foreign policies towards Ukraine in the scope of the on-going Ukraine crisis. It is argued that the underpinning geopolitical environment Ukraine currently resides in, wedged between two much larger powers (the EU and Russia), renders it a vulnerable target state for regime promotion from both sides. Indeed, since the 2004 Orange revolution in Ukraine, both the EU and Russia have had discernible regime promotion strategies in their foreign policies. The EU's regime promotion has focussed on facilitating democracy in Ukraine, along with more material interests (trade and strategic aims) while Russia has reacted with increasingly zero-sum policies which pursue its preference for having a loyal and Russian-facing regime in Ukraine. Ultimately, the increasing competitiveness of the EU and Russia has been a key factor in the onset of the Ukraine crisis, which offers important insight into the relationship between large powers and the smaller third states which lie in their overlapping spheres of influence.     

Dialectics of industrialization in Indonesia

This essay investigates how the degeneration of state socialist regimes and the transition to market-Leninist political economies in China and Vietnam have shaped institutional arrangements governing welfare and its stratification effects. Engaging recent theoretical literature one welfare regimes, the article explores how the evolution of specific combinations of political and economic institutions in China and Vietnam has affected the production and reproduction of welfare and stratification. The common assumption that welfare regimes reflect the structured interests of dominant political and economic actors and thus serve to reproduce that regime is found to invite an excessively static perspective. Instead this essay argues that welfare regimes and stratification in contemporary China and Vietnam require an appreciation of their properties under state-socialism and how specific paths of extrication affected their degeneration and subsequent development under a new form of political economy. The essay also probes the significance of observed differences in China and Vietnam’s political structure in light of suggestions that Vietnam’s more pluralistic political system has made its welfare regime more redistributive than China’s. An alternative perspective suggests China’s wealth obviates the significance of such differences.     

Russkii Obraz and the politics of “managed nationalism”

This article examines the rise of Russkii Obraz, a Russian ultranationalist organization whose leaders cultivated a neo-fascist ideology and collaborated with skinhead gangs. Despite its extremism, Russkii Obraz played an important role in the Kremlin's “managed nationalism,” a set of measures to manipulate the nationalist sector of the political arena. During 2008–2009, Russkii Obraz collaborated closely with pro-Kremlin youth organizations and enjoyed privileged access to Russia's tightly controlled public sphere. This article argues that the key to Russkii Obraz’s brief ascendancy was its duality, its capacity to project moderation in public and extremism in private. For several years, this duality enabled Russkii Obraz to participate in public life while building a support base in the skinhead subculture. But the two projects collided when the security organs exposed Russkii Obraz’s links to an ultranationalist death-squad. Nevertheless, official indulgence of Russkii Obraz cannot be attributed merely to ignorance of its violent potential. This indulgence also reflected the fact that it was precisely those at the neo-fascist limits of the political spectrum who were most willing to collaborate in the regime's efforts to suppress demands for democratization.     

Contextualising City-regional Issues,Strategies and their Use: the Flemish Story

This paper presents a contextualised analysis of what might be called the city-regional debate. The debate is unfolded in terms of four types of city-regional issues, eight common strategies to tackle the latter and the use thereof in Flanders. It is concluded that the way in which city-regional issues are dealt with in Flanders can be explained by its regime, consisting of an administrative, political and cultural dimension, in terms of a centralistic policy style combined with a weak institutional position of local governments, by a ‘localisation’ of regional politics and policies, both dominated by an anti-urban bias.     

Democracy and the politics of power alternation in Africa

Namibia's Nujoma, Zambia's Chiluba, Algeria's Bouteflika, Togo's Eyadema, Cameroon's Biya, Nigeria's Obasanjo, Niger's Tandja and Uganda's Museveni have all to varying degrees attempted to subvert the democratization process in their respective countries. These however are only a small selection of an increasingly similar pattern of action by incumbents in Africa. What is most troubling to democratic transitionists is a concerted effort by these leaders to curtail their fledgling democracies in the name of their continued ‘service’ to the people. This paper seeks to examine what has enabled an increasing number of African leaders to negate power alternation in favour of open-ended tenures otherwise ‘presidential careerism’. The article argues that while most of these states have been cited for embarking on some semblance of democratic rule, their rulers have utilized their weak democratic institutional structures, co-opted the elite and rallied the ‘mob’ to commit democracy ‘infanticide’.     

Turkey's Reform Effort Reconsidered, 1987–2004

The Helsinki Summit of the European Council in 1999 was a turning point in terms of clarifying a concrete membership perspective regarding candidate status for Turkey and accession to the European Union. Political reforms in Turkey to complete the 1993 Copenhagen criteria also gained significant momentum in the aftermath of the Summit. However, arguments stressing the influence of European Union conditionality seriously undervalue the gradual political transformation that Turkey was already undergoing in the years before 1999 and the societal pressure in Turkey that lay behind it. Basing Turkey's eligibility for membership wholly on the effects of European Union conditionality makes the democratic process extremely vulnerable to the still-delicate process of European Union–Turkey relations. The article aims to develop a more coherent explanation of the European Union's impact on Turkey's politics between 1987 and 2004, by offering an alternative framework of analysis based on Moravcsik's analysis of the European human-rights regime and Risse's theory of communicative action. The main argument is that the principal dynamics driving recent democratization in Turkey were its newfound location within the European human-rights regime and the increasing power of ‘European argument’ as an alternative way of resolving domestic conflicts.     

Is it none of their business? Business and democratization,the case of Turkey

This article explains how the Turkish business' regime preferences have evolved from pro-authoritarian to pro-democratic in the context of dual transitions, in response to changes in incentive structures shaped by domestic, regional and international parameters. It particularly focuses on big business and highlights the central role that greater exposure to international competition during the course of opening up and liberalization played in the evolution of its regime preferences. The article suggests that the central mechanism which has led to the regime preference change is socialization by strategic calculation facilitated by business' increasing incorporation into transnational networks. It asserts that the Turkish big business' experience is particularly interesting because international exposure not only created new opportunities for big business, but also new divisions and rivalries within the business community. These new rivals formed flourishing alliances with the government, with their accompanying claims to power that challenged the big business' previous hegemony in accessing state resources. In the process, big business' fear of losing its privileged status to rival business groups and the resulting uncertainties led big business to associate democratization with higher benefits, as they became increasingly aware of the link between democratization and diminished uncertainties, through their interaction with transnational business networks. Consequently, big business consolidated its pro-democratic stance as shifting domestic alliances enhanced the need for diminishing uncertainties, while internationalization along with the prospect of EU membership increased the cost of status quo.     

To govern,or not to govern? Opportunity and post-coup military behaviour in Egypt 2011–2014

This article examines Egyptian military behaviour in 2011 and 2013 to address the question of why officers remain in power following some successful coups, and allow for a transition to civilian rule after others. My evidence suggests that in post-1970 cases where international factors fail to exert sufficient pressure, outcome variation is influenced by levels of corporate opportunity, defined here as the ease with which the army can use control of the state to expand its corporate interests. Drawing on the existing literature, I posit consensus against military rule, high popular support for democracy, strong civil society, the presence of a strong opposition party, and low levels of cohesion among officers as factors which constrain opportunity. Prior research suggests that when the level of opportunity is high, controlling the state becomes a high-risk/low-reward endeavour, making it likely that officers will allow for a transition to civilian rule. My study contributes to the existing scholarship by using original data gathered through interviews with Egyptian officers, as well as other experts on the Egyptian military, to argue that low consensus against military rule, low support for democracy, and high organizational cohesion are jointly sufficient to produce governing intervention.