Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Anti-Apartheid Solidarity Networks and the Production of Come Back,Africa

In 1957, American filmmaker Lionel Rogosin arrived in Cape Town, South Africa, determined to make a film about apartheid. “Anti-apartheid Solidarity Networks and the Production of Come Back, Africa” discusses the film’s historical and cultural significance, and— a topic which deserves more attention— the film’s production. The article examines the interconnected and international nature of early anti-apartheid activism. International movements against apartheid may have been relatively small between 1957 and up until March of 1960, but Come Back Africa’s production shows that anti-apartheid activists and artists were becoming increasingly connected in a transnational web spanning the Atlantic with hubs in South Africa, Europe, and the United States. In the case of Come Back, Africa, relationships forged between Rogosin, black South African artists-activists (such as Lewis Nkosi, William “Bloke” Modisane, and Miriam Makeba) and white liberal anti-apartheid activists (including Father Trevor Huddleston, Reverend Michael Scott, and Mary Benson) proved mutually beneficial.     

Party Politics and Governance in Grenada: An Analysis of the New National Party (1984–2012)

Abstract

This article examines party politics and governance in post-revolutionary Grenada, using the case of the New National Party (NNP). The central question is what does the evolution of the NNP suggests about governance and democracy in post-invasion Grenada? The article traces four phases of the NNP since its formation in 1984: (1) externally imposed marriage of convenience; (2) intra-party conflict and splintering; (3) rebranding, consolidation and dominance; and (4) electoral defeat. The article contends that Grenada has transitioned to formal democracy and the NNP is a significant actor. Yet, despite this transition, Grenada has not become the showcase of democracy that the US said it would in 1984.     

The Rise of Capital and the Necessity of Political Economy

Indonesia: The Rise of Capital by Richard Robison is regarded as one of the most important books in the study of modern Indonesia. It was also a major instigator of a turn toward political economy in the scholarship on Southeast Asia, more generally in the 1980s. This introductory article to the current feature issue examines the context that made the writing of The Rise of Capital an intellectually necessary endeavour. It also explores the book's relevance to developments in three broad areas of academic debate within which the book can be situated.     

The African state and the failure of US counter-terrorism initiatives in Africa: The cases of Nigeria and Mali

Counter-terrorism initiatives are failing across the African continent. A major reason for this failure lies in the state-centric and military-focused nature of many counter-terrorism initiatives. In Africa, the state is often the source of insecurity for ordinary citizens. Any military strengthening of an illegitimate African state by the international community not only serves to bolster a predatory state but also undermines the human security of citizens. More importantly, such an approach conflates sub-state and international terrorism and serves to bolster the latter, thereby undermining regional and international security further. Put simply, current counter-terrorism initiatives are counter-productive. This paper focuses on counter-terrorism efforts in Nigeria and Mali with a special focus on US initiatives to combat terrorism in the region.     

Outsourcing a partnership? Assessing ACP–EU cooperation under the Cotonou Partnership Agreement

Since 2000 the cooperation between the European Union (EU) and the African, Caribbean and Pacific (ACP) states has been governed through the Cotonou Partnership Agreement. This article complements existing research that focuses on Brussels-based stakeholders with an analysis drawing on the existing literature and on stakeholders' perceptions of ACP–EU cooperation and ACP institutions gathered via interviews in nine ACP countries. The findings presented observe a social disconnect between, on the one hand, the Cotonou Partnership Agreement's institutions and Brussels-based representatives, and, on the other hand, the broad-based and multistakeholder partnership they are tasked to promote. The article points to low levels of support in ACP countries, particularly in Africa, to continued ACP–EU cooperation in its present form, and stresses the need for an open and participatory process of reviewing and reshaping ACP–EU relations.     

Political Finance Regimes in Southeast Asia: Introduction

ABSTRACT

The three articles in this themed collection investigate the interplay between political finance regimes and the quality of democracy in Southeast Asia. Andreas Ufen's piece on political finance in Malaysia and Singapore argues that the semi-authoritarian regimes in both states have blocked the reform of campaign and party funding regulations in order to keep their opposition in check. The article on Indonesia, authored by Marcus Mietzner, showcases the country's dysfunctional political finance system as a major hurdle toward further democratization. In their contribution on Thailand, Napisa Waitoolkiat and Paul Chambers show that weak political finance regulations have contributed significantly to the shallowness of Thai parties. Overall, the collection demonstrates that without meaningful political finance reforms, Southeast Asia's democratic stagnation is likely to persist for many years to come.     

Regulating religious authority for political gains: al-Sisi’s manipulation of al-Azhar in Egypt

The shedding of blood is a serious matter in Islamic law; disregard for human life negates the very essence of just rule. By standing by General al-Sisi as he suppressed the Muslim Brotherhood, the popular legitimacy of al-Azhar – the oldest seat of Islamic learning – was called into question. This article shows how the al-Sisi government skilfully deployed the two other state-controlled religious establishments, the Ministry of Awqaf (Religious Endowments) and Dar-ul-Ifta, to boost al-Azhar’s popular legitimacy in this context. Existing scholarship highlights the importance of competition within the Egyptian religious sphere to explain how the Egyptian state co-opts the al-Azhari official establishment. This article instead shows how the state, equally skilfully, uses state institutions to boost al-Azhar’s popular legitimacy – albeit to ensure that it remains useful for the purposes of political legitimisation. Political authority and religious authority in Egypt thus remain closely entangled.     

Conflict dynamics and agonistic dialogue on historical violence: a case from Indonesia

This article contends that the type of high-level political consensus needed to reach a peace agreement is often insufficient for rebuilding and transforming wider social relations. Consensus-focused processes tend to suppress divergent views and experiences of conflict, particularly among grassroots conflict actors, and risk deepening social divides by homogenising diverse memories of past violence, with potentially dangerous consequences. In response to these concerns this article advances an understanding of agonistic dialogue and explores an example of such dialogue in communal conflict in Indonesia. Building on an understanding of effective dialogue as sustained, intensive and relational, this article also underscores the need for effective dialogue to have politico-institutional support and to be locally driven and owned by actors who are legitimate and trusted in the eyes of conflict protagonists.     

Between emergency and routine – securitisation of military security in Iran and Indonesia

Abstract

The aim of this article is to explain the internal conditions of military security in a non-European context. It utilises securitisation as the theoretical perspective and investigates Iranian and Indonesian case studies to explore how the perception of internal threats and vulnerabilities determines the approaches to military security. It begins with a reiteration of securitisation theory assumptions, followed by clarifying the understanding of security in non-Western contexts. The case studies focus on the conditions which facilitate securitisation, including the nature of securitising actors, assumed concepts of security, and securitisation processes and their outcomes. The analysis indicates a necessity for several alterations in securitisation theory to realise its full potential. Civil–military relations in Asian states differ from those in the West, as both Iran and Indonesia show a high degree of military involvement in political affairs. Military security also becomes securitised as a result of internal political rivalries. The perception of threats is a tool in the struggle to extend the capabilities of security agencies or retain influences.