State transformation and cross-border regionalism in Indonesia’s periphery: contesting the centre

Abstract

This article examines how the decentralisation and fragmentation of the Indonesian state and resultant central–local dynamics affect cross-border regionalism in Indonesia’s periphery. It argues that cross-border regionalism projects are best understood as sites for scalar contestation over regulatory control between central and local government. Moreover, scalar contestation around cross-border regional projects is characterised by the struggles to control relationships with transnational capital between elites operating at different tiers of the state. When elites at different scales have conflicting interests and strategies, this can cause policy incoherence, inhibiting the development of cross-border regionalism. Conversely, when they align, and intersect with the interests of transnational business, cross-border regionalism can succeed. To illustrate the argument, this article utilises the comparative case studies of the Batam free trade zone and West Kalimantan–Sarawak cross-border cooperation.     

德国国际私法关于识别的理论和司法实践研究

德国国际私法认为，识别源于对冲突规范所使用之“体系概念”的解释，发生识别冲突的原因在于内、外国实体法存在体系差异，内国实体法体系中存在漏洞，内国实体法和国际私法之间存在体系差异。在识别冲突的解决上，存在法院地说、准据法说和独立识别说等三种主要理论。在德国国际私法的司法实践中，法院地说占据主导地位，但法院在一定程度上也采纳独立识别说，作为法院地说的必要补充。采用独立识别说时，法院一方面要对冲突规范中的体系概念进行广义解释，突破其在内国法律体系中的内涵范围，兼容外国法的相关制度；另一方面要从法律体系、文化背景等方面对外国法制度进行比较法分析，以确定其功能和目的。如果能够确认该外国制度和内国某一体系概念在目的和功能上具有对应性，就可以将该外国制度纳入该概念，从而拓展冲突规范的适用范围，否则就必须发展新的冲突规范加以应对。     

Unexpected Persistence Amidst Enlargement Stasis: Usages of Europe in Turkey’s Nuclear Energy Debate

Recent studies on European Union (EU) Enlargement have emphasised the importance of usages of ‘Europe’ by domestic actors as a necessary condition for the EU to have an impact on domestic politics. We study the usages of Europe in the critical case of Turkey’s nuclear energy policy. We analyse the narratives and actions of domestic actors in Turkey to identify if they use ‘Europe’ (the EU and the idea of Europe). We reach the counter-intuitive finding of usages by both state and non-state actors, which illustrates that usages of Europe can persist despite enlargement stasis in candidate states.     

From rural rebellions to urban riots: political competition and changing patterns of violent political revolt in Uganda

Violent political revolt has been common in independent Uganda. For a long time, such revolts were exclusively expressed as rural-based rebel groups fighting the government. Since the mid-2000s, however, this seems to have come to an end. Instead, urban riots, very rare in the past, have become much more common. This article analyses these changing patterns of types and location of violent political revolt in Uganda under the National Resistance Movement government. It argues that the earlier prevalence of rural rebellions can be explained by the combination of a coercive and militarised state, and weak and ethnically factionalised political forces who took their violent resistance to rural regional bases. Over time, however, government counter-insurgency became more effective and the conditions for insurgency were undermined by withdrawal of external support. Furthermore, the reintroduction of multi-party politics in 2005 opened up new avenues for political expression. The changes to the political system were, however, more nominal than real in many respects. While the rebel option had become less attractive and feasible, a series of social, economic and political grievances remained which were only partly channelled through party politics. They also found expression through sporadic urban violent revolt.     

行政法哲学中的公共利益本位论

在公共利益本位论的立论过程中,行政主体被不恰当地直接等同于公共利益主体,而且存在着价值判断与事实判断的混淆问题,这些弱点使得该理论没有给个人利益与权利留下应有的空间.在倡导者为之提供的理论根据中,唯有公共利益与个人利益的一致关系是一个合理的、但却需要进一步明确的论点.基于对这种利益一致关系及其有限性的具体分析,行政法中公共利益本位论的合理性与必要性可以得到真正的说明.     

Applying Stone in a Western Landscape: Ranchers,Conservationists, and Causal Stories in the “American Serengeti”

As the emergence of nongovernmental conservation efforts generates conflict among various stakeholders, the causal story that each party articulates regarding conservation and the causes of land degradation reflects their unique interests. This study uses existing literature to evaluate causal stories surrounding a contemporary conservation effort: Montana's American Prairie Reserve. Through qualitative review of web‐based documents and newspaper articles, it generates a preliminary account of key stakeholders' causal stories. The case study suggests that parties who might be disadvantaged by ascribing responsibility for environmental harms in an adversarial fashion may instead elect to articulate causal stories that are more neutral than existing approaches might forecast. The study concludes by suggesting that further development of causal story literature may enable it to better address contemporary conservation efforts.     

Combined Collection and Analysis of Inorganic and Organic Gunshot Residues

Gunshot residue (GSR) analysis and their interpretation provide crucial information on a criminal investigation involving the use of firearms. To date, several approaches have been proposed for the implementation of a combined sampling and analysis of inorganic (IGSR) and organic GSR (OGSR). However, it is not clear at this stage if concurrent analyses of both types of residue might be detrimental to the analysis of IGSR currently applied in forensic laboratories. Thus, this work aims to compare and evaluate three different protocols for the combined collection and analysis of IGSR and OGSR. These methods, respectively, involve the use of a modified stub (with two halves, one for the detection of IGSR and the other for the analysis of OGSR); the sequential recovery of GSR with two stubs mounted with different adhesives (double-sided carbon tape and Tesa® TACK) and the sequential analysis of IGSR and OGSR from a single carbon stub following carbon deposition. The detection of IGSR was carried out using SEM-EDX, while OGSR analysis was performed using ultra-high-performance liquid chromatography–tandem mass spectrometry (UHPLC-MS/MS). Obtained results for experiments performed using Geco Sinoxid^® ammunition indicated that sequential analysis was the most suitable protocol for the combined collection and analysis of both IGSR and OGSR. A higher number of inorganic (characteristic and consistent) particles and higher concentrations of ethylcentralite, N-nitrosodiphenylamine, diphenylamine, and nitroglycerin were recovered with this method.     

胁从犯的不合理性

胁从犯是我国刑法共同犯罪人分类中的一种独特类型。我国刑法按照行为人在共同犯罪中的作用大小将共同犯罪人分为主犯、从犯、胁从犯。无论是从保护人权的角度考虑,还是从立法科学性的视角考量,都应当取消胁从犯的概念,对因受胁迫而实施了危害社会的行为的主体不作罪犯处理。     

South Korean views on Japan's constitutional reform under the Abe government

In this Special Section, this article reviews South Korean views on Japan's ‘peace’ Constitution and the Abe government's attempts at constitutional reform. It identifies three different understandings among South Korean academics on why Japan is escalating attempts to revise the Constitution under the Abe government. An in-depth analysis demonstrates that all three perspectives pay specific attention to Japan's constitutional reform in relation to security policy changes. However, they differ in assessing the impact of Japan's constitutional reform on South Korea as well as how South Korea should deal with such a change. A minority opinion considers Japan's ‘remilitarisation’ through constitutional revision as conducive to South Korean security interests by increasing deterrence against North Korea, whereas the dominant opinion is that any attempt to revise the Constitution could be in and of itself a potential threat to South Korea's security due to a lack of trust attributed to unresolved historical conflicts between Korea and Japan. However, all three approaches pay hardly any attention to the positive role of Japan's peace Constitution while Japan's peace Constitution might provide a regional peace model in Northeast Asia.     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.