The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.     

对台湾公投制宪的若干思考

本文从公民自决和民族自决的角度,对台独势力分裂祖国和民族的行径进行了批判。     

Decentralisation,socio-territoriality and the exercise of indigenous self-governance in Bolivia

This article analyses the ‘indigenous autonomy’ being constructed in two dozen Bolivian municipalities and territories, in accordance with the 2009 Constitution. It finds that Bolivia’s 1994 decentralisation reforms, which created the country’s system of municipalities, are central to understanding the contemporary implementation of indigenous autonomy. Some indigenous people view as favourable the representative and material gains achieved by municipalisation, which helps explain why more majority-indigenous communities have not yet chosen the new option of indigenous autonomy. However, the new legal framework also limits indigenous self-governance, because territorial delimitations of the country’s municipalities are generally inconsistent with indigenous peoples’ ancestral territories. The new institutions of self-governance are legally obligated to include discrete legislative, executive and administrative functions, reflecting not indigenous norms but a municipal structure of liberal design. This study illustrates the way that indigenous self-determination may encounter obstacles where indigenous territorial jurisdictions must coincide with contemporary boundaries of colonial origins, rather than with pre-colonial territories.     

Tradition and modernity: an obsolete dichotomy? Binary thinking,indigenous peoples and normalisation

The debates over Indigenous peoples and development are often framed within the discussion on the shift towards modernity, the imposition of economic liberalism and resistance against external interventions, with a tendency to see Indigenous peoples as a possible alternative to the world economic order. However, looking at many development agencies’ discourses, the idea that Indigenous peoples will actually benefit from modernity prevails. The literature is divided along these two conflicting views and dominated by binary oppositions: traditional/modern; backward/advanced; sustainable/unsustainable, etc. This article discusses the tradition/modernity dichotomy and raises the following questions: is it relevant to think in terms of modernity/tradition in the case of Indigenous peoples? What does the use of such a dichotomy imply? What is the alternative? The article demonstrates that this binary opposition is neither relevant nor desirable, and that a new analytical framework is required. Instead, it proposes using a normalisation framework, which focuses on the attempts made to ‘normalise’ Indigenous peoples and to encourage them to comply with existing social and economic models.     

Complexity and hybrid effects in the delivery and evaluation of youth programmes in a remote Indigenous community

Indigenous Australians continue to experience entrenched disadvantage. Despite billions being spent, ‘Closing the Gap’ indicators remain resistant to change. It has become increasingly apparent that progress has been hindered by persistent administration and implementation issues in Indigenous Affairs, especially with the funding modalities deployed. This study uses the remote Queensland Indigenous community of Aurukun as a case study to examine the effectiveness and evaluation problems arising from overlapping programmes delivered to Aurukun children and youth (5–18 years of age). It documents programmatic crowding occurring in Aurukun, which has the potential to place considerable demands on the intended participants, and results in hybridised effects that are not understood. Within this context, robust evaluation – even through the use of sophisticated methods – is near impossible.     

The origins and politics,campaigns and demands by the international fisher peoples’ movement: an Indigenous perspective

Abstract

This reflective contribution discusses the intersection of Indigenous and Small Scale Fisheries’ (SSF) issues, and how the international SSF movement has a critical role in the broader struggle for the convergence of social justice regarding the environment, food and lifeways. I explore some of the political tensions around Indigenous and SSF struggles against global neoliberalisation of land and water resources, some of the successes and challenges of the international SSF movement, and future considerations for academic/activist ‘decolonising’ work.     

Indigenous land claims or green grabs? Inclusions and exclusions within forest carbon politics in Indonesia

In this paper we outline the new political conjuncture in forest governance emerging in Indonesia and trace how it is influencing the land claim strategies of an Indigenous community in Central Kalimantan. The new political conjuncture is comprised on three inter-related elements: a Constitutional Court decision to recognise Indigenous land claims; the development of the Reducing Emissions from Forest Degradation and Deforestation Plus (REDD+) forest carbon programme; and a national initiative known as One-map. Drawing on concepts of governmentality, assemblage and territoriality we trace how the Indigenous People’s Alliance of the Archipelago (AMAN) are using this moment to assemble a land claim in Bahanei. We find that the conjuncture is providing opportunities for Indigenous communities to engage with a new assemblage of interests normally associated with green grabs to claim land back from state and private interests. However, the romantic green Indigenous subjectivities the new political conjuncture requires to attract carbon investment rarely fit the heterogeneous make up of village life. This is leading to intimate exclusions based on ethnicity and class, raising troubling questions about the extent of overlap between land claims and green grabs.     

Examining the Effects of Social Media Use on Job Satisfaction in the Australian Public Service: Testing Self-Determination Theory

The purpose of this study is to investigate the relationship between social media usage for work purposes and employee job satisfaction in the public sector. Because social media is a relatively recent phenomenon, the ways in which it affects employee attitudes such as job satisfaction are not well-known. Using self-determination theory (SDT) as a framework, this study tests whether perceived competence, relatedness, and autonomy mediate the relationship between social media usage for work purposes and employee job satisfaction. Data were obtained from the Australian Public Service Commission (APSC). Overall, results generated from the structural equation models support SDT, suggesting that employees using social media for work purposes have higher self-determination and higher self-determination increases their job satisfaction. In particular, the effect of competence to job satisfaction is very high. However, while social media usage for work purposes can enhance employees’ need for autonomy and competence, it does not have any statistical effect to employees need for relatedness. In addition, social media does not have any statistical and direct effect to job satisfaction. The results suggest that social media has an indirect effect to job satisfaction. This article discusses the implications of these findings.     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

Keeping ‘our’ land: property,agriculture and tensions between Indigenous and settler visions of food sovereignty in Canada

ABSTRACT

This paper situates literature on food sovereignty and land reforms in relation to academic and popular writings about land issues in Canada. We argue that settler Canadian food sovereignty scholarship and activism has yet to sufficiently grapple with the implications of private property ownership in relation to ongoing processes of settler colonialism. We also argue that efforts to advance ecologically sustainable farming practices in Canada need to confront private property ownership in terms of its contribution to both capitalist and colonial violence.