Secondary Precarity in Asia: Family Vulnerability in an Age of Unfree Labour

ABSTRACT

Scholarly discussions of precarious work have identified and analysed the conditions and structures that produce precarity, the contextual nuances that characterise worker relations across a range of sites and sectors and the possibilities of resistance by the precariat. In these studies, workers are often discussed with inadequate attention to their social embeddedness. Taking workers’ embeddedness in social relations and norms as a starting point for analysis, this article explores a secondary aspect of precarity amongst families of exploited workers. This aspect is analysed according to three registers of vulnerability and risk: economic (household and livelihood), intimate (anxiety and negative emotional relations) and physical (mobility and movement). The article outlines this framework through a case study of trafficked fishers and their families from Cambodia and the Philippines. Human trafficking is an extreme form of precarious labour, characterised by unfreedom and hyper-exploitation. The article contributes to the understanding of the trafficking of migrant fishers, which has not seen rigorous academic documentation and is relatively poorly understood in comparison to other forms of trafficking.     

渔权之争：论双边渔业协定应考量的若干问题

两国订立双边渔业协定涉及到多个方面的问题,不仅需要考虑管理和执法的便利,也需要兼顾渔民历史作业习惯与传统的渔区;不仅需要公平分配捕捞配额,更需要考虑各自的捕捞能力、渔业资源的养护以及可持续的利用;不仅要因应当前的渔业纠纷,还要考虑对于今后海域划界可能产生的影响;不仅要与国内相关立法协调,还要与国际社会既存的硬法、软法配套;不仅要考虑渔业自身的因素,还需要考虑对于航行、海难救助、海底探矿与采矿、科学研究、水下考古等活动的可能的影响.只有兼顾和平衡各方因素与利益的协定,才可能真正定纷止争.     

论高管“问题薪酬”的董事问责

如遇高管薪酬,董事就可能基于互惠和群体思维等情景以及单纯接触效应和框定效应下的生物本能,无意识地"董董相护",高管"寻租"如愿以偿,自应对董事问责。理性回路下的注意路径不能对情感回路下的"董董相护"对症下药,实际上放纵了高管"问题薪酬"。以诚信路径予以涵摄,则可以不枉不纵。是否构成"董董相护",需借助于高管薪酬的合理性进行推论。基于高管薪酬合理性边界的模糊性,拿捏高管薪酬的合理性,需以企业价值最大化为指针,借助高管薪酬的标准、水平和结构的合理性,厘定相应的参照系。     

Somali pirates: villains or victims?

The proliferation of piracy activity off the coast of Somalia has received a fair share of international attention. Its consequences have included a destabilising effect on trade, security and humanitarian aid. This has served to give reason for the deployment of multi-national forces by some of the countries affected by the scourge. While naval patrols have reduced the success rate of piracy attacks in some areas, there has been little respite in piracy incidents with the overall number of attacks and their geographic scope increasing. Piracy off the coast of Somalia has, in fact, evolved into organised syndicates with transnational networks. The problem is that various international actors have largely viewed piracy off the coast of Somalia in terms of threats to their own national interests and security. They have, thus, dealt with the issue in isolation from its wider context, which has not succeeded in ending the attacks. This article argues that to deal with the piracy problem more meaningfully, there is need for a contextual framework beyond addressing the ‘illegal’ activities. Piracy is a complex problem, with political, legal, social, economic, security and even human rights dimensions, and calls for a truly holistic approach that, especially, seeks to address the root causes on land. The article calls for a change in strategies in order to facilitate a ‘local Somali solution’ rather than an international one that is acceptable to the sensibilities of international actors. The article emphasises the need to extend the strong international cooperation demonstrated on the high seas in the fight against piracy to the fight against root causes of piracy onshore.     

毗邻朝韩海域越界捕捞活动的特点及对策研究

近年来,我国渔船在毗邻朝韩海域进行越界捕捞活动成为了影响中朝、中韩海域安全稳定的焦点问题,也是困扰我边境管理工作的重难点问题。公安边防部门作为渔船民管理的主管部门,为有效地预防和制止越界捕捞活动,应针对边防管理工作中存在的问题,结合部队的实际情况,从根本上预防和制止越界捕捞行为,有力地维护毗邻朝韩海域的安全与稳定,促进毗邻朝韩海域海洋经济可持续发展。     

2010年俄挪北极海洋划界条约评析

2010年签署2011年批准生效的俄罗斯与挪威关于巴伦支海和北冰洋的海域划界与合作条约,"一揽子"解决了两国长达40年的海洋划界争端及渔业与跨界油气田开发问题,并创设了新的国家实践。条约是综合考量两国北极战略与能源战略及外大陆架问题等诸多方面因素的结果,对两国关系及国际社会都会产生相应影响,并对类似的海洋划界、跨界油气开发及国际合作具有借鉴意义。     

Creating Legal Teeth for Toothfish: Using the Market to Protect Fish Stocks in Antarctica

Policies to protect Antarctic and Patagonian Toothfish in theSouthern Ocean are failing. Contests over sovereignty, the needfor international decisions to be approved by consensus, inabilityto physically patrol the Southern Ocean, and the political vacuumcreated by the designation of the ‘high seas’ haveeach contributed to an overfishing crisis in the Southern Oceanand Antarctica. After documenting the contours of this fishingcrisis and explaining how international law is unable to preventit, this article proposes a fundamental shift in strategy awayfrom supply-side controls that require a presence in Antarcticawhere the overfishing occurs. Lawmakers must utilise more rigorousdemand-side measures if Toothfish stocks are to be preservedand allowed to recover.     

Gender contracts in Estonian coastal farming families, 1870–1939

This paper deals with families that lived on the North West coast of Estonia from 1870 to 1939. This period involved a successive transition to a monetary economy for the family farmer and an increasing need for cash to be able to pay rents and debts arising from land purchases. A farm perspective is used to show the complexity of effects of societal changes on the gender division of labour. The study highlights how practices evolve within a specific spatial context in terms of adjustment of gender contracts. It is demonstrated that husbands and wives on farms involved in fishing and seafaring negotiated flexible gender contracts, in which women were flexible and took over men's work. Such contracts evolved when the men were absent from the farm due to fishing and seafaring duties. Flexible gender contracts developed if other solutions, such as hiring farmhands, were impossible to arrange. Small farms could develop a gender contract for collaboration at sea in which women accompanied their husbands on fishing trips. The results, which are based on interviews and archive sources, indicate that the smaller the family farm, the more inclined women were to take over traditional men's work. It is argued that different gender contracts are parallel phenomena and that they often seem to be temporary, since they are evaluated in relation to the standard gender contract that acts as a norm in society.     

论9·7钓鱼岛事件中的国家责任问题

日本9月7日在钓鱼岛海域对中国渔船冲撞、对渔民抓扣事件在中日两国都引起了较大反响。中国为促使日方停止非法行为,采取了中日建交38年以来罕见的反制措施。日前,外交部要求日方承担赔偿责任,日方则予以拒绝。那么,从国际法的规范性角度究竟应该怎样看待日方的行为以及中国的反制?当前国际法学界对此缺少探讨与回应。     

Coastal Tourism in a Context of Neoliberal Development: Social Change in Mancora,Peru

The case of Mancora, Northern Peru, illustrates a process of neoliberalisation through which conceptions of place, local identities and the recent history of the place have been reformulated due to the rapid expansion of global tourism. In this former fishing village, tourism development altered local conceptions of place, allowing the emergence of contrasting projects for converting it into a beach resort. This process brought about a context governed by land conflicts and tension between local authorities, where local inhabitants reshaped their identities and the recent history of the place in order to gain or maintain ownership over valuable natural resources.