Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

浅析当前我国法律援助制度的完善

我国处于社会转型期,由于社会法制化逐渐加强,人民群众对法律服务的需求也越来越迫切。以政府责任为基点提供法律援助很难满足社会的需求,所以在当前需要国家与社会加以互动,充分地整合社会资源,如此既可以补充政府法律援助力量的不足,拓宽提供法律援助渠道,又可以使法律援助能够更多地向潜在的受援人延伸,发挥法律援助预防冲突的功能,扩展法律援助的延伸力。     

城市职业流浪乞讨人员管理的困境及出路

《城市生活无着的流浪乞讨人员救助管理办法》实施以来,对如何依法管理城市职业流浪乞讨人员起到了重要指导和推动作用,但受法治的、习惯的及历史的诸因素制约,当前在城市职业流浪乞讨人员管理方面仍存在困境。虽然各地正积极探索有效的管理模式,从实践和长远来看,我们还需要在深刻分析的基础上,借鉴国外做法,探索中国特色的城市职业流浪乞讨人员管理之路。     

The establishment of the South African Development Partnership Agency: Institutional complexities and political exigencies

Since 2007 there has been discussion to formalise, rationalise, coordinate and provide structure to South Africa's development cooperation through the establishment of a centralised South African Development Partnership Agency (SADPA). Progress in rolling out the new institution, however, has been extremely slow, owing to the political and technical complexities of South Africa's institutional environment. This paper elaborates on the rationale and driving forces which have led to the establishment of SADPA and the steps which have been taken to gradually operationalise the new agency and the partnership fund dedicated to providing development support on the continent. As plans move forward, will SADPA be expected to manage all of South Africa's development cooperation — bilateral, multilateral, regional, trilateral — as well as concessional loans, humanitarian aid and development financing, public and private? Clarity of roles and coordination is critical. The paper will examine the different mechanisms for the financing, implementation and oversight that need to be in place to take forward Pretoria's development cooperation, and the challenges of leadership, coordination, accountability and information management that face the new agency.     

Evaluating Brazilian South–South Cooperation in Haiti

I focus on evaluating Brazilian development and humanitarian cooperation in Haiti to answer how emerging providers such as Brazil are contributing to global development through cooperation. The paper establishes criteria for evaluation, arguing that global standards for aid effectiveness need to be expanded. I argue that when assessed on ownership, efficiency and sustainability, cooperation holds several advantages and limits, such as misplaced assumptions that Brazil’s approach is appropriate elsewhere. The discussion is rooted in the context of Haiti in order to underline how outcomes are not pre-determined, but rather depend on the model’s interaction with the partner context.     

Analysing the economic justification for the reforms to social welfare and family law legal aid

The Ministry of Justice plans on saving £450 million per annum from the legal aid budget through reforms contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Over 60% of these savings will be found by removing whole areas of law and types of problem from the scope of legal aid support. One of the principal justifications for these reforms is the economic imperative; reducing legal aid expenditure is necessary to meet the Government's fiscal targets. This article examined whether these reforms will generate the substantial savings identified in the Government's impact assessment, or whether these costs will be passed on to other areas of government. Data from the Civil and Social Justice Survey were used to model the behavioural responses of people no longer eligible for legal aid under the scope changes. Economic costs were estimated for these responses where they will be incurred by the state, although many of these costs are likely to be underestimates. Many costs could not be estimated including, inter alia, the cost of increased criminality where people seek redress outside of the justice system. The analysis focused on family and social welfare law, which together represent 82% of the proposed savings from the scope reforms. Based upon this analysis, the Government is unlikely to save more than 40% of its prediction. At the same time, these minimal savings could generate inequality of access to justice and overburden an already struggling alternative advice sector. A significant uptake in funded mediation within family law is predicted.     

不断完善医疗纠纷赔偿机制的思考

本文对海南省推行全省统一的医疗责任保险方案实施两年来,在运行过程中存在的问题与对策从医院层面进行分析,认为医疗纠纷通过医责险赔偿仍面临诸多矛盾和问题。主要表现在：一是保险公司的逐利性和医院对投保的初衷存在巨大差异,购买医责险并非医院自愿;二是医责险在理赔中困难重重,该赔不赔、随意压价、限制受理范围等等导致调解失败,医院没有真正从医疗纠纷中解脱出来,“医闹”问题仍困扰医院;三是保险方案设计和保费调整系数不合理,医院承担的保费过高,而赔偿过低,未能达到风险转嫁的目的。作者提出不断完善医疗纠纷赔偿机制,尝试建立医疗风险互助金制度。     

China's ‘charm offensive’ in the Pacific and Australia's regional order

Abstract

In recent years, a perception has emerged among many policymakers and commentators that the deepening of the People's Republic of China engagement in the Pacific Islands Region, predominantly through its expanding foreign aid programme, threatens to undermine the existing regional order, in which Australia is dominant. In this article, it is argued that China's apparent ‘charm offensive’ in the Pacific is mainly driven by commercial, not political, imperatives and is far more fragmented and incoherent than is often assumed. Hence, its (real) political effects hinge, not on any Chinese strategic designs for regional domination, or even a more limited resource security agenda, but on the intent and capacity of Pacific governments to harness deepening aid, investment and trade relations with China towards their own foreign and domestic policy objectives, which include limiting Australian interference in the internal governance processes of Pacific states. This argument is demonstrated by the case of Fiji after the December 2006 military coup.     

A new dynamism in Sino-Japanese security relations: Japan's strategic use of foreign aid

Abstract

In November 2004 a Chinese nuclear submarine cruised into Japan's territorial waters near the Okinawa Islands. In response, the Japanese government dispatched several Japanese naval ships and planes to chase the Chinese submarine until it navigated into international waters. This event, which potentially could have become the first exchange of fire between Japan and China since the Second World War, illuminated increasingly problematic security relations between the two neighbouring countries in the twenty-first century. In fact, deterioration of Sino-Japanese security relations is not a recent phenomenon but has already been evident since the mid-1990s, when Japan imposed a series of economic sanctions on China. Between 1995 and 2000 Japan had suspended its foreign aid to China in protest against: China's nuclear weapons tests; China's large scale war game including the launch of missiles across the Taiwan Strait; and Chinese naval activities in disputed areas in the East China Sea. This article looks at Sino-Japanese security relations since the mid-1990s through three case studies of the aid sanctions imposed by Japan on China. It clarifies the domestic political and bureaucratic interests that motivated aid sanctions and determined the decision-making process leading to these sanctions. The article argues, that with certain politico-security interests, Japanese governments actively used foreign aid as a strategic instrument to counter provocative military actions by China in the East Asian region since the mid-1990s. Despite the limited influence that Japanese aid sanctions have actually had on Chinese military behaviour, Japan's strategic use of foreign aid has undeniably created a new dynamism in security relations between the two neighbouring great powers in Asia.     

The Limits of Liberal Peacebuilding? International Engagement in the Sri Lankan Peace Process

Abstract

This essay explores international engagement in the Sri Lankan peace process between 2002 and 2008. The internationalization of peacebuilding in Sri Lanka is analysed as part of a broader international shift towards a model of ‘liberal peacebuilding’, which involves the simultaneous pursuit of conflict resolution, liberal democracy and market sovereignty. The essay provides a detailed and disaggregated analysis of the various exporters, importers and resisters of liberal peacebuilding, with a particular focus on the contrasting ways in which the United National Front (UNF) and the United People's Freedom Alliance (UPFA) regimes engaged with international actors. It is argued that an analysis of the Sri Lankan case provides a corrective to some of the core assumptions contained in much of the literature on liberal peacebuilding. Rather than viewing liberal peacebuilding as simply an hegemonic enterprise foisted upon countries emerging from conflict, the essay explores the ways in which peacebuilding is mediated through, and translated and instrumentalized by, multiple actors with competing interests – consequently liberal peacebuilding frequently looks different when it ‘hits the ground’ and may, as in the Sri Lanka case, lead to decidedly illiberal outcomes. The essay concludes by exploring the theoretical and policy implications of a more nuanced understanding of liberal peacebuilding. It is argued that rather than blaming the failure of the project on deficiencies in its execution and the recalcitrance of the people involved, there is a need to look at defects in the project itself and to explore alternatives to the current model of liberal peacebuilding.