Hong Kong's political influence over China: institutional,informative, and interactive dynamics of sovereignty

Abstract

This article explores how Hong Kong has exercised political influence on China since the transfer of sovereignty in 1997, and tries to comprehend such seemingly impossible influences by reinterpreting the concept of sovereignty. It argues that the British Hong Kong existed as a ‘reference society’ for China's modernization and helped to change Chinese perceptions of capitalism. As this resulted in Chinese recognition of the legitimacy of Hong Kong's colonial institutions, which were featured with political legacies of civic freedom and the rule of law, it also reveals the institutional dimension of sovereignty. Secondly, the information flow from Hong Kong to China reflects a communicative (in contrast to coercive) nature of sovereignty, which highlights Hong Kong's central position in the Chinese world of information. Thirdly, Hong Kong's ongoing democratization challenges Chinese authoritarianism through societal interactions that are beyond state control. Conceptually, in this article, state sovereignty is argued as being something fluid and constantly reshaped in everyday practice with institutional, informative, and interactive dynamics; practically, it attempts to find some remaining ‘silver lining’ to the growing authoritarian Chinese clouds above Hong Kong as reversing the logic of examining external factors in democratization.     

Terrorism,anti-terrorism and the normative boundaries of the US polity: The spatiality of politics after 11 September 2001

Both terrorism and governmental anti-terrorist actions affect spatial structures and their boundaries, such as the state and the distinction between public and private spaces. Those spatial structures also articulate the normative dimensions of human life, which include the ethical principles and constitutional rights that orient behaviour and thought. By affecting the spaces, places and scales of life, (anti-)terrorism potentially can generate a new normativity. A new normativity would be manifested in changes to spatial structures and thereby would indicate that the content of political rights like personal freedom had been changed in practice. This paper addresses the possible emergence of a new normativity via an examination of how spatial structures are affected—specifically, their permeability and plasticity—by terrorist and anti-terrorist activities within a US context.     

JISB Interview: The Responsibility to Protect

Abstract

Dr Aidan Hehir interviewed Dr Francis Deng, UN Special Adviser on the Prevention of Genocide, in New York on 20 August 2009     

Reconceptualizing International Intervention: Statebuilding, ‘Organic Processes’ and the Limits of Causal Knowledge

This article examines the transformation in the conceptual understanding of international intervention over the last two decades. It suggests that this conceptual shift can be usefully interrogated through its imbrication within broader epistemological shifts highlighting the limits of causal knowledge claims: heuristically framed in this article in terms of the shift from policy interventions within the problematic of causation to those concerned with the management of effects. In this shift, the means and mechanisms of international intervention have been transformed, no longer focused on the universal application of Western causal knowledge through policy interventions but rather on the effects of specific and unique local and organic processes at work in societies themselves. The focus on effects takes the conceptualization of intervention out of the traditional terminological lexicon of International Relations theory and instead recasts problems in increasingly organic ways, suggesting that artificial or hubristic attempts at socio-political intervention should be excluded or minimized.     

主权财富基金性质相关问题研究

近年来,主权财富基金一直是公众关注的焦点。中外学者对于主权财富基金的研究多从公司治理入手,鲜有学者对主权财富基金的性质属性进行论述。主权财富基金的性质关系到其发展方向以及治理模式,具有重大的现实意义。本文以主权财富基金的性质为出发点。重点阐述其“新型国家资本主义属性”与“理性经济人”属性,在此基础上指出二者存在的逻辑悖论。文章通过分析认为主权财富基金应当坚持“理性经济人属性”优先原则,采用“去主权化治理模式”,推动主权财富基金海外投资的商业化,避免附带过多的政治主权色彩。     

Islamic reformation discourses: popular sovereignty and religious secularisation in Iran

Disputes over the outcome of the June 2009 presidential election in Iran rapidly developed into a contest about the legitimacy of the Islamic state. Far from being a dispute between religious and non-religious forces, the main protagonists in the conflict represented divergent articulations of state–religion relations within an Islamic context. In contrast to the authoritarian legitimisation of an Islamic state, the Islamic reformation discourse is based on secular-democratic articulations of state–religion relations. This article focuses on the ideas of four leading Iranian religious scholars who advocate a secular-democratic conceptualisation of state authority. Disputing the religious validity of divine sovereignty, they promote the principle of popular sovereignty based on Islamic sources and methods. This reformist conceptualisation is rooted in the notion that Islam and the secular-democratic state are complementary.     

Reply to my critics

ABSTRACT

This paper offers an overview of the central argument of my book, Territorial Sovereignty, and replies to four critics.     

论全球化进程中的国家主权

全球化进程给传统国家主权理论带来了全方位和深刻的冲击 ,对主权理论和实践提出了挑战 ;但全球化加速下国家主权受到挑战甚至削弱这一基本事实不能成为否定主权国家存在和发挥作用的理由 ;主动参与全球化进程 ,加强合作与交流 ,建立国际政治经济新秩序 ,采取灵活、切实可行的方式维护国家主权和利益是发展中国家在全球化进程中的理性选择。     

Buried Alive

Indigenous peoples struggle to survive the policies of the colonial states and their ability to annihilate, make invisible, destroy and re-construct our ancient identities. This is my story. I am an Indigenous women to the country known now as Australia. I write from the inside, about our law and life ways which hare buried alive by a dominant colonizing culture. The tale of terra nullius, its capacity to bury us and its own capacity to survive and go on burying us is told. It is a story which has a resonance beyond Australia, one that can be found throughout the world wherever there is struggle for the future of the planet, wherever there is struggle for diversity, and resistance to being consumed by corporate greed and complicit states. It is finally a story about hope for a way forward, and moving in a clear direction. A direction without illusion, one that braves the truth as to our future as diverse peoples of colour, laws and cultures, the bearers of generations to come. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Sovereign Event in a Nation's Law

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy. This revised version was published online in July 2006 with corrections to the Cover Date.