Asia Pacific news

This column provides a country-by-country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

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.     

安倍主义的渊源与特点

日本首相安倍晋三在2013年年初访问了东南亚三国,提出了所谓的日本对东南亚外交“新五原则”,人称“安倍主义”。安倍主义是对当前亚太格局深刻反映和日本国内政治氛围在外交领域发展的产物,具有明显针对中国的倾向。由于中关日三方关系和东盟政治特性的制约,以及日本自身因素的影响,安倍主义很难取得成功。     

亚洲国家宪政发展的道路初探:五大国家的比较研究

作为亚洲五国的中国、印度、南北韩(韩国和朝鲜)、日本与印度尼西亚宪政发展道路各有不同。究竟源于西方社会的宪政模式是否在其发源地以外也具有普遍适用性?亚洲又是否存在特殊的宪政模式或政治体制?如果我们从宏观历史与比较研究的角度审视这五国自十九世纪末直到今天的发展,便可发现,在现代和当代时期,宪政主义在亚洲还是产生了深远的影响。但是,亚洲似乎没有产生特殊的"亚洲式"的宪政模式或政治体制,也没有足够证据显示亚洲的文化与价值观念与宪政主义难以相容。恰恰相反,宪政主义能否在某一国家或地区得以实施,似乎更多地取决于政治因素,以及战争、外国干预等具偶然性的历史事件的影响,而不是主要取决于文化与价值观念。     

ASEAN and human rights: resisting Western pressure or emulating the West?

Abstract

Observers of Southeast Asian affairs commonly assume that the members of the Association of Southeast Asian Nations (ASEAN) are reluctant to pursue liberal agendas, and that their main concern is to resist pressure from Western powers to improve their human rights practice. This article, however, argues that such a conventional view is too simplistic. The Southeast Asian countries have voluntarily been pursuing liberal agendas, and their main concern here is to be identified as ‘Western’ countries – advanced countries with legitimate international status. They have ‘mimetically’ been adopting the norm of human rights which is championed by the advanced industrialized democracies, with the intention of securing ASEAN's identity as a legitimate institution in the community of modern states. Ultimately, they have been pursuing liberal agendas, for the same reason as cash-strapped developing countries have luxurious national airlines and newly-independent countries institute national flags. Yet it should be noted that the progress of ASEAN's liberal reform has been modest. A conventional strategy for facilitating this reform would be to put more pressure on the members of ASEAN; however, the usefulness of such a strategy is diminishing. The development of an East Asian community, the core component of which is the ASEAN–China concord, makes it difficult for the Western powers to exercise influence over the Southeast Asian countries. Hence, as an alternative strategy, this article proposes that ASEAN's external partners should ‘globalize’ the issue of its liberal reform, by openly assessing its human rights record in global settings, with the aim of boosting the concern of its members for ASEAN's international standing.     

Chinese and Japanese investment in Southeast and South Asia: case studies of the electronics and automobile industries

Abstract

This article uses extensive fieldwork data to focus on the question of how Chinese and Japanese companies are competing in neighboring countries of Asia, and what economic forces will shape their future growth in the region. It begins by briefly discussing the history of Chinese and Japanese investment in the South and Southeast Asian regions. It traces the development of Japanese overseas investment policies, as well as China's more recent ‘Going Out’ government program to encourage overseas flows of capital. It then builds on prior political economy work as it uses case study focuses, with primary data based on the author's fieldwork research in several nations of Southeast Asia and in India, of the two key sectors of automobiles and electronics. It compares and contrasts the investment strategies of companies from each country, as well as the successes and failures of investments in the industries. It finds that Japanese companies’ advantages lie in industries utilizing advanced technology and management skills. Though the Japanese continue to lead in many areas, including automobiles, they have begun to face competition and potentially reduced profits in vital manufacturing areas. Meanwhile, Chinese overseas companies have made significant advances in the consumer electronics sector, using low prices and good quality, though overseas automobile investments have gained little traction. The article concludes that, if the Chinese can improve their product quality, capitalize on improving managerial skills and a deeper level of experience in the region, and establish brands they can sell with reliable distribution networks, Japanese companies could face losses to their Asian neighbor in these important parts of the continent they have dominated for decades.     

Book Reviews

Abstract

Stretching a third of the way around the globe, the Asia Pacific is the world's most populous region. Yet, it remains the sole region without a human rights court or commission, and without a human rights treaty. The notable absence there of a human rights mechanism based on such institutions is often explained away by reference to the region's size and heterogeneity, the constituent states’ reluctance to interfere in the affairs of others, and the existence of rivalries. Whilst agreeing that there is no inter-governmental initiative that looks set to change the present state of affairs in the Asia Pacific, this article places the spotlight on another model of creating a regional human rights mechanism, that is, the unique and burgeoning Asia Pacific Forum of National Human Rights Institutions. Specifically, it assesses the prospects for Japan, Taiwan and China – three key regional players whose membership of the Forum is still outstanding – to create domestic human rights bodies that eventually join.     

Escaping the merchant/missionary dilemma: an imperial policy for the Asia-Pacific

The Asia policy of the Bush administration follows from two principles: its preference for ‘hub-and-spoke relationships’ led from Washington, and the restored priority of security issues over the mixture of trade interests and human rights that was the hallmark of the Clinton presidency. The initial focus of the administration on the restoration of political and strategic ties with old allies such as Japan, and on strategic competition, has been mitigated by another realistic approach: the need to seek new allies and partnerships. This policy was already evident towards India before September 11, 2001, but has been magnified with the onset of a coalition against terrorism, and almost as importantly, against the proliferation of weapons of mass destruction. The resumption of strategic and military ties with China, the priority of anti-terrorist cooperation over human rights issues with Southeast Asia, the increased support for India that is of more strategic value than America's tactical involvement with Pakistan, are developments that overshadow the US relationship with traditional allies such as Japan or the European Union. The major weakness of the Bush Asia policy, however, is its relative neglect of major economic and social issues in the region. Although support for some weakened ASEAN economies has increased, there is neither a more intense coordination of economic policies with Japan, in spite of initially declared intentions, nor a major economic and social strategy for Southeast and South Asia that would support the fight against terrorism.     

Security architecture in Asia: the interplay of regional and global levels

I argue that there is a distinct and longstanding regional structure in East Asia that is of at least equal importance to the global level in shaping the region's security dynamics. Without considering this regional level neither ‘unipolar’ nor ‘multipolar’ designations can explain East Asian international security. To make this case, I deploy regional security complex theory both to characterize and explain developments in East Asia since the end of the Cold War. The shift from bipolarity to unipolarity is well understood in thinking about how the ending of the Cold War impacted on East Asia. Less written about in Western security literature are the parallel developments at the regional level. Prominent among these are the relative empowerment of China in relation to its neighbours, and the effect of this, as well as of the growth of regional institutions, and the attachment of security significance to East Asian economic developments, in merging the security dynamics of Northeast and Southeast Asia. How China relates to its East Asian region, and how the US and China relate to each other, are deeply intertwined issues which centrally affect not only the future of East Asian, but also global, security. With the notable exception of some crisis between China and Taiwan, this whole pattern looks mainly dependent on internal developments within China and the US. Also significant is whether the basic dynamic of interstate relations in East Asia is more defined by the Westphalian principle of balancing, or by the bandwagoning imperative more characteristic of suzerain-vassal relationships. The main probability is for more of the same, with East Asian security staying within a fairly narrow band between mild conflict formation and a rather odd and weak sort of security regime in which an outside power, the US, plays the key role.