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  • Author: Buddhika Jayamaha
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: CTC Sentinel
  • Institution: The Combating Terrorism Center at West Point
  • Abstract: The rise of the Islamic State in Iraq and the Levant (ISIL) has created an area where Turkish and Kurdish interests overlap: both parties are thoroughly alarmed at ISIL\'s expansion. However, delicate and sensitive cooperation against ISIL has to take place in the broader context of the complicated and evolving Kurdish-Turkish relationship. While Turkey develops its response to the ISIL threat and the Syrian crisis, it is also managing Kurdish relations as part of its effort to redefine the Turkish state and Turkish national identity. On their side, the Kurdish leaders — especially the Kurdistan Regional Government (KRG) in Iraq — are compelled to deal with a complex and sometimes competing array of Kurdish organizational alliances and interests that cross international borders, while trying to deepen their relations with Ankara. Despite the complicated nature of the situation, there are reasons to be hopeful.
  • Topic: Islam
  • Political Geography: Iraq, Turkey
  • Author: Brian Dodwell
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: CTC Sentinel
  • Institution: The Combating Terrorism Center at West Point
  • Abstract: Regardless of how the debate over the degree to which the perpetrators were directed or inspired shakes out, the tragic attack against Charlie Hebdo in Paris on January 7 was not an isolated incident. This event is best understood as being part of a loosely coordinated jihadist campaign against media and journalistic entities in response to the release of cartoons or other material deemed offensive to Muslims.
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: Ethics International Affairs is pleased to announce the publication of its winter 2014 issue. This issue includes an essay by Jacinta O'Hagan and Miwa Hirono on "cultures of humanitarianism" in East Asia; articles by Christopher Kutz on torture, American security policy, and norm death, and Ruben Reike on an international crimes approach to preventing mass atrocities; a book symposium on Mathias Risse's On Global Justice, featuring contributions from Richard Arneson, Helena de Bres, Anna Stilz, and Risse; and a review essay by Nancy Birdsall on Thomas Piketty's Capital.
  • Topic: Security, Culture
  • Political Geography: America, East Asia
  • Author: Jacinta O'Hagan, Miwa Hirono
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: There is an ever-growing demand in the world for humanitarian action in response to the suffering caused by complex emergencies and natural disasters. Part of the power and appeal of humanitarianism is its universality, that is, the idea that humanitarianism is premised on cross-cultural moral truths and principles and a concern for the alleviation of suffering of humankind, regardless of differences. This idea of universality, however, is being called into question as expressions of humanitarianism and humanitarian actors become increasingly diverse. While Western states and organizations have long dominated the international humanitarian order (IHO), this is no longer the case today, with non-Western governments and societies becoming increasingly important and visible contributors to international humanitarian assistance. At the same time, these new IHO players are contributing to a broader range of perceptions of what constitutes legitimate humanitarianism; and while the concern for the suffering of others may be universal, it is clear that the response to suffering may differ across cultures.
  • Political Geography: East Asia
  • Author: Christopher Kutz
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: A large and impressive literature has arisen over the past fifteen years concerning the emergence, transfer, and sustenance of political norms in international life. The presumption of this literature has been, for the most part, that the winds of normative change blow in a progressive direction, toward greater or more stringent normative control of individual or state behavior. Constructivist accounts detail a spiral of mutual normative reinforcement as actors and institutions discover the advantages of normative self- and other evaluation. There is also now much interesting research focused on the question of how to predict the emergence of future norms.
  • Political Geography: America
  • Author: Ruben Reike
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect (RtoP). In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and crimes have implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?
  • Political Geography: New York
  • Author: Richard Arneson
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: After a period of somewhat chaotic construction efforts, the dust is starting to settle on global justice theory. The alternative theoretical options are gaining clear shape. Mathias Risse's excellent On Global Justice is a work of judicious consolidation. He develops a nuanced and complex position that he calls “pluralist internationalism.” Its starting point is the claim that there are several different grounds of justice, that is, reasons for identifying a certain population of people and holding that they have claims of justice against each other, the proper adjudication of which is settled by a certain type of principle. Different principles may apply to different groups of people identified in different ways.
  • Author: Helena de Bres
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: Many people believe that international trade, as it is currently conducted, involves serious injustice. But it is hard to know whether this belief is justified and, if it is, how exactly to characterize the injustice at issue. Until recently, someone who turned to the philosophical literature in the hope of finding answers to these questions would likely have been disappointed. Despite the recent surge in writing on global justice, work specifically on justice in international trade has been scarce. This gap is unfortunate, given the moral importance of the issue and the degree of public interest in it.
  • Author: Anna Stilz
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: An appealing and original aspect of Mathias Risse's book On Global Justice is his argument for humanity's collective ownership of the earth. This argument focuses attention on states' claims to govern territory, to control the resources of that territory, and to exclude outsiders. While these boundary claims are distinct from private ownership claims, they too are claims to control scarce goods. As such, they demand evaluation in terms of distributive justice. Risse's collective ownership approach encourages us to see the international system in terms of property relations, and to evaluate these relations according to a principle of distributive justice that could be justified to all humans as the earth's collective owners. This is an exciting idea. Yet, as I argue below, more work needs to be done to develop plausible distribution principles on the basis of this approach.
  • Topic: Development
  • Author: Mathias Risse
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: I must begin by expressing how gratifying it is that On Global Justice would receive such careful attention by three thoughtful colleagues. I will do my best to respond to their questions and objections. Let me start with Arneson. Since differences between us are large, I shall first say a few things about my basic outlook. Common humanity is one ground of justice. The distinctively human life generates claims, and their form is that of natural rights. However, explorations of how the distinctively human life generates obligations lead only to a rather limited set of rights—basic security and subsistence rights. Inquiries into another nonrelational ground also produce rather limited results. That ground is humanity's collective ownership of the earth. The principle of justice associated with it merely requires an equal opportunity to use natural spaces and resources for the satisfaction of basic needs. In particular, this result is incompatible with any kind of welfarist commitment. The sheer fact that anybody's welfare as such would be lowered or raised is not a matter of justice. If people share associations with each other (membership in a state, or being connected by trade, say) we can derive obligations from their shared involvement with these associations. But unless people do indeed share such associations, the obligations that hold among them will be rather limited.
  • Author: Nancy Birdsall
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Ethics International Affairs Journal
  • Institution: Carnegie Council
  • Abstract: Thomas Piketty's Capital in the Twenty-First Century is a tour de force—a compelling and accessible read that presents an eloquent and convincing warning about the future of capitalism.* Capitalism, Piketty argues, suffers from an inherent tendency to generate an explosive spiral of increasing inequality of wealth and income. This inegalitarian dynamic of capitalism is not due to textbook failures of capitalist markets (for example, natural monopolies) or failures of economic institutions (such as the failure to regulate these monopolies), but to the way capitalism fundamentally works. Unless the spiral is controlled by far more progressive taxation than is now the norm, the political fallout could undermine the viability of the successful “social state” (p. 471) in the advanced economies, putting the democratic state itself at risk.
  • Topic: Economics, Government, Politics
  • Political Geography: United States, United Kingdom, France
  • Publication Date: 01-2015
  • Content Type: Journal Article
  • Journal: Counter Terrorist Trends and Analysis
  • Institution: S.Rajaratnam School of International Studies
  • Abstract: We are happy to publish Volume 7, Issue 1 (January/ February 2015) of the Counter Terrorist Trends and Analysis (CTTA) by the International Centre for Political Violence and Terrorism Research at the S. Rajaratnam School of International Studies, Nanyang Technological University, Singapore. From a terrorism and counterterrorism perspective, the year 2014 was particularly significant. This was due as much to the potential impact of drawdown of US and International Security Assistance Forces (ISAF) from Afghanistan as to the declaration of the establishment of a so-called Islamic Caliphate by the Islamic State of Iraq and Greater Syria (ISIS). While the former has emboldened old and established groups like Al Qaeda Central, the Afghan Taliban, the Tehrik-e-Taliban Pakistan and the Islamic Movement of Uzbekistan, among others, the claim of the establishment of the “so called Islamic State” by ISIS seem to have galvanized disparate elements within the Muslim world, drawing fighters in thousands to Iraq and Syria and spurring radicalization and extremism in many countries in an unprecedented scale.
  • Topic: Islam
  • Political Geography: Iraq, Syria, Singapore
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: From time to time, we are asked about the relationship between EJIL and the European Society of International Law (ESIL). That relationship is simple: the Journal and the Society are two separate, but mutually supportive and complementary entities. Indeed, past and present EJIL Editors can boast, with parental pride, of having been present at the conception, as well as the birth, of the Society! From its inception, membership in ESIL has included automatic online and print subscriptions to EJIL – including very soon a tablet version.The relationship has only strengthened in recent years, with ESIL Presidents and Presidents-elect serving ex officio on the EJIL Board. It is in the spirit of that growing bond that we wholeheartedly share in ESIL's 10-year celebrations, and have invited the following Guest Editorial from its leadership.
  • Topic: International Relations
  • Political Geography: Europe
  • Author: Niklas Helwig, Carolin Rüger
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: When Catherine Ashton took up office as High Representative of the Union for Foreign Affairs and Security Policy (HR), she met with high expectations - and much disappointment. As the first incumbent of the remodelled position, she had the chance to leave a legacy for her successor, but faced an unclear job description. What was the HR's role in EU foreign policy? It is argued that the HR acted as a diplomat and manager of EU external action, while her role performance in co-leadership and brokering were less successful. Role expectations and performance entered a fragile equilibrium at the end of Ashton's tenure. However, the future role of the HR might shift more towards a co-leader of EU foreign policy.
  • Topic: Security, Foreign Policy
  • Political Geography: Europe
  • Author: Uwe Puetter
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Lisbon Treaty fundamentally changed the presidency regime of the European Union at the expense of one of the oldest and most central institutions of European integration: the rotating presidency. The chair positions of the European Council, the Foreign Affairs Council and the Eurogroup have been decoupled from the rotating presidency. Understanding the reduced role of the rotating presidency requires attention for the changing dynamics of EU policymaking, especially for the new intergovernmentalism which implies decision-making outside the classic community method and for the rise of the European Council to the status of a lead institution.
  • Topic: Government
  • Political Geography: Europe, Lisbon
  • Author: Heather Grabbe, Nadja Groot
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The 2014 elections brought a record number of xenophobic populist parties into the European Parliament (EP). They have a strong incentive to be more united and active than in previous terms, and they could use the Parliament to shape voter attitudes, pressure mainstream parties to adopt more xenophobic rhetoric, fragment the mainstream right, and obstruct parliamentary proceedings. The rise of xenophobic populism could affect the open society through the EU's policies and budget if it alters EP debates on issues that split left and right, particularly Roma exclusion, migration and asylum, and EU external policies and development aid.
  • Topic: Development
  • Political Geography: Europe
  • Author: Ivan Krastev
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European elections failed to mobilise public support for the European project. Despite the strong showing of populist parties in the European Parliament, there are indications that the European Union would rather be transformed than destroyed by the current political crisis.
  • Topic: Politics
  • Political Geography: Europe
  • Author: Geoffrey Pridham
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Union has a unique opportunity to develop a positive strategy towards Ukraine. A pro-EU government is now in power in Kyiv, there is a revived civil society pressing for democratic reforms and the actions by Russia have both reinforced Ukraine's pro-West line and led to the priority given Moscow being questioned by some member states. It is therefore essential to grant Ukraine a membership perspective to strengthen this trend and encourage Kyiv to confront and overcome the basic problems that face the country.
  • Topic: International Relations, Government, Reform
  • Political Geography: Russia, Europe, Ukraine, Moscow
  • Author: Andrey Makarychev, Alexandra Yatsyk
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The Winter Olympic Games in Sochi and the annexation of Crimea were two major international events in which Russia engaged in early 2014. In spite of all the divergence in the logic underpinning each of them, four concepts strongly resonate in both cases. First, in hosting the Olympics and in appropriating Crimea, Russia was motivated by solidifying its sovereignty as the key concept in its foreign and domestic policies. Second, the scenarios for both Sochi and Crimea were grounded in the idea of strengthening Russia as a political community through mechanisms of domestic consolidation (Sochi) and opposition to unfriendly external forces (the crisis in Ukraine). Third, Sochi and Crimea unveiled two different facets of the logic of normalisation aimed at proving - albeit by different means - Russia's great power status. Fourth, one of the major drivers of Russian policy in both cases were security concerns in Russia's southern flanks, though domestic security was also an important part of the agenda.
  • Topic: Security
  • Political Geography: Russia, Ukraine
  • Author: Ondrej Ditrych
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The crisis in Ukraine has turned the tables of the post-Cold War relationship between the United States and Russia. The ongoing transformation can result in a number of outcomes, which can be conceived in terms of scenarios of normalisation, escalation and 'cold peace' - the latter two scenarios being much more probable than the first. NATO ought to shore up its defences in Central and Eastern Europe while Washington and its allies engage in a comprehensive political strategy of 'new containment'. This means combining political and economic stabilisation of the transatlantic area with credible offers of benefits to partners in the East and pragmatic relations with Russia which are neither instrumentalised (as was the case with the 'reset') nor naïvely conceived as a 'partnership'.
  • Topic: International Relations, NATO, Cold War, Economics
  • Political Geography: Russia, United States, Europe, Washington, Ukraine
  • Author: Alena Vysotskaya Guedes Vieira
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Russia's actions towards Ukraine in 2013-14, which inaugurated a new Cold War in its relations with the West, presented a dilemma to Russia's allies: whether to align themselves with Russia's choices or pursue a more independent course of action. The leadership of Belarus, Russia's closest ally, chose the latter option both by establishing dialogue with the interim government and President of Ukraine, Oleksandr Turchinov, considered illegitimate in Russia and, later, by being present at the inauguration of Petro Poroshenko on 7 June 2014 and downplaying Russia's position on the 'federalisation' of Ukraine as the only way out of the country's instability. The perspective of the intra-alliance security dilemma helps explain the divergence of views between Russia and Belarus, while pointing to the changing position of the parties towards the Eurasian integration project.
  • Topic: Security, Cold War, Government
  • Political Geography: Russia, Eurasia, Ukraine
  • Author: Serena Giusti, Enrico Fassi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: The European Endowment for Democracy (EED) is a recently established instrument of democracy promotion intended to complement existing EU tools. Fashioned after the US National Endowment for Democracy, the EED's privileged area of action is the European neighbourhood. Meant as a small rapid-response, actor-oriented 'niche' initiative, its main task is to select those actors, from both civil and political society able to produce a change in their country. The EED represents a step forward in the EU's capacity to foster democracy, but does not necessarily go in the direction of more rationality and effectiveness. Not all EU member states support the EED with the same enthusiasm and it is still not clear how it fits into the EU's overall democracy promotion architecture. Its actions may be successful in a very constrained timeframe. However, recent crises at the EU's borders would seem to call for a strategy that takes into consideration systemic hindrances, post-regime change complexities, regional dynamics and finally rival plans of autocracy promotion.
  • Political Geography: United States, Europe
  • Author: Jean-Pierre Cassarino
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Readmission is not simply a means of removing undesirable foreigners through coercive methods. When viewed as a way of ensuring the temporary stay of foreign workers in the labour markets of European destination countries, readmission may also impact on the participatory rights of a growing number of native workers facing equally temporary (and precarious) labour conditions, in a context marked by employment deregulation and wage flexibility. These implications have clear democratic significance. A new analytical perspective applied to the expansion and development of the readmission system, is aimed at promoting a reflection on an unexplored research area bridging the gap between labour migration regulation and labour market deregulation.
  • Topic: Development
  • Political Geography: Europe
  • Author: Anna Triandafyllidou, Angeliki Dimitriadi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU's balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU's southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.
  • Topic: Development, Migration
  • Political Geography: Africa, Europe, Asia, Cameroon
  • Author: Elena Baracani
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Is the EU Doomed?, by Jan Zielonka, Polity Press, 2014.
  • Political Geography: Europe
  • Author: Alba Ferreri
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The International Spectator
  • Institution: Istituto Affari Internazionali
  • Abstract: Review of: Politics and the Internet in Comparative Context, edited by Paul Nixon, Rajash Rawal and Dan Mercea, Routledge, 2013.
  • Topic: Politics
  • Author: Ming-Yeh T. Rawnsley
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: Changes of ruling parties are widely viewed as a critical marker of a country's level of democratisation. Huntington (1991: 266–267) even suggested a democracy can only be considered consolidated after passing a “two-turnover test”: two changes of ruling parties through elections. Since the lifting of martial law in 1987, Taiwan has continu- ed to experience comprehensive social transformation and political reforms, including the first direct presidential election in 1996; the defeat of the Chinese Nationalist Party , Zhongguo Guomindang, Kuomintang, KMT) in the 2000 presidential election by the Democratic Progressive Party, Minzhu Jinbudang, DPP) after five decades of one-party rule; and the subsequent setback for the DPP in 2008 when the electorate voted the KMT back into power. This indicates that Taiwan should now be considered a con- solidated democracy even though, comparatively speaking, it may still be young and evolving (Rawnsley and Gong 2011).
  • Author: Dafydd Fell, Charles Chen
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: In early 2011, the Kuomintang (KMT, Guomindang) government appeared to be in danger of losing power in the upcoming presidential elections. The DPP had recovered sufficiently from its disastrous electoral performance in 2008 to pose a real challenge to Ma Ying-jeou (Ma Yingjiu) and had matched the KMT's vote share in mid-term local elections. Ma also faced the challenge of an independent presidential candidate, James Soong (Song Chuyu), who had come a close second in 2000 and now threatened to divide the pro KMT vote. Nevertheless, the KMT was able to win reduced majorities in both the presidential and legislative elections in January 2012. This article seeks to explain how the KMT was able to hold on to power by comparing the campaign with earlier national-level elections. We are interested in identifying the degree to which the Democratic Progressive Party (DPP, Minjindang) learnt from its electoral setbacks in 2008 and whether the KMT employed a similar campaign strategy to the one that had been so effective in returning it to power in 2008. Our analysis relies of an examination of campaign propaganda and campaign strategies as well as participant observation and survey data from 2012 and earlier contests.
  • Topic: Political Violence
  • Author: Lee Chun-yi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: This paper argues that the comparison of labour policies in Taiwan and China has an important bearing on the interaction between state and society. The fact that labour policies have changed over time illustrates a process of bargaining between the state and society. The core question of this paper is whether the development of labour policies in Taiwan can provide China a good example to learn from. In order to answer this question more systematically, the first part of this paper provides theoretical reviews of the state–society relationship, while the second part aims to verify whether those labour-favouring policies in Taiwan have changed under a different party's governance. The third part of the paper further investigates labour policy in China; this section mainly focuses on the historical background to the new labour contract law. Based on the preceding two sections' literature review of the changing path of labour policies, the fourth section scrutinises fundamental issues reflected in the development of Taiwan's labour policies, then compares how those issues are reflected in the case of China. The conclusion of this paper is that although Taiwan, like China, formerly had a one-party system, the changes in Taiwan's labour policies are not completely comparable to China, though both societies had some similarities.
  • Political Geography: China
  • Author: Dafydd Fell, Isabelle Cheng
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: In recent years, female marriage migration from China and Southeast Asia has significantly increased the number of foreign-born citizens in Taiwan. This article is a preliminary investigation into how political parties responded to the growing multicultural makeup of the national community between 2000 and 2012. We examine the content of the Understanding Taiwan textbook, the election publicity of the two major political parties, citizenship legislation, and the results of interviewing immigrant women. The findings show that the change in the ruling party did make differences in terms of both parties\' projection of immigrant women in election propaganda and citizenship legislation. However, inward-looking multiculturalism is practised by the two main political parties in Taiwan to forge national identity and enhance national cohesion rather than to promote the recognition of immigrants\' different cultural heritage.
  • Topic: Political Violence
  • Political Geography: Asia
  • Author: Ming-Yeh T. Rawnsley, Chien-san Feng
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: The student-led anti–media-monopoly movement in Taiwan has generated strong momentum since mid-2012. In early 2013, the National Communications Commission responded by drafting the “Prevention of Broadcasting and Television Monopoly and the Maintenance of Diversity Act”, which was approved by the Executive Yuan in April 2013 and is now waiting to be debated in the Legislative Yuan. In contemporary Taiwan, the social is often connected with the political. The existing democratic system, which is a legacy of the democratisation process in the twentieth century, no longer seems adequate to serve the citizens of the twenty-first century. This paper considers the anti-media-monopoly movement and the burgeoning civic movements in recent years as part of a “second wave” of democratisation for further political reform and democratic consolidation. When martial law was lifted in Taiwan in 1987, the “first wave” of media liberalisation ended with the commercialisation of industry. The “second wave” of media democratisation has picked up where the first wave left off and may finally establish, through increasingly more thoughtful media policies, a better and fairer media environment that is more suitable for democratic Taiwan.
  • Author: Gary D. Rawnsley
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: This paper analyses how Taiwan exercises “soft power” and uses public diplomacy to engage with the international community, and to compensate for the absence of formal diplomatic relations with major powers. The research suggests that Taiwan's strategies of international engagement are constrained by its external and internal political environments. The international system (structure) has locked Taiwan into a set of challenging arrangements over which it has little control or influence, while Taiwan's public diplomacy architecture and the activities organised and undertaken by its government agencies in Taibei and its representatives abroad (agency) reveal, at best, a misunderstanding of how Taiwan's soft power might be exercised more effectively. The strategic thematic choices of legitimacy (invoking Taiwan's international status) versus credibility (which in soft power terms offers the most benefit), and the decision to privilege cultural over political themes in international communications, all have profound effects on the success of Taiwan's soft power.
  • Political Geography: Taiwan
  • Author: Marius Korsnes
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: This paper seeks to understand what government mechanisms have allowed China's wind industry to grow as fast as it has over the past ten years. Instead of formal rules and regulations, this paper focuses on specific sets of institutional conditions that have been crucial in the process of high-speed implementation of wind energy in China. Specifically, fragmentation and centralisation, together with policy experimentation and policy learning, have been fundamental for policy flexibility and institutional adaptability. The paper illustrates that there are benefits and disadvantages to these characteristics, and that inherent qualities of China's governing system that lead to rapid growth overlap with those that lead to challenges in terms of quality and long-term performance.
  • Political Geography: China
  • Author: May Tan-Mullins, Peter S. Hofman
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: There is increasing evidence that corporate social responsibility (CSR) is emerging as a management issue within Chinese business (Moon and Shen 2010; Yin and Zhang 2012). The main drivers of this movement, which are commonly discussed, include domestic political will and international pressure. However, what is less understood is the nature of the shaping of CSR. As a concept, CSR has been widely interpreted as the way companies take into account interests of a broader range of stakeholders beyond owners and shareholders of the firm. Hence, it is about the way firms develop policies and practices to minimize the negative impacts and even increase the positive impacts of their business practices on various stakeholder groups. In a Western context, the rationale for CSR has been explained as a result of interaction between business, government and society where institutional pressures that develop from these interactions lead to certain expectations regarding the nature of business practices. This is where firms increasingly see CSR as a strategic approach to maintaining and enhancing legitimacy and reputation so as to ensure the buy-in and loyalty of key stakeholder groups such as employees and customer
  • Topic: Government
  • Political Geography: China
  • Author: May Tan-Mullins
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: China's insatiable appetite for natural resources and energy to fuel its national growth is having an increasing impact on the domestic and global environment. Globally, China has turned to resource-rich regions in Africa and South America, at times engaging so-called “rogue states” to secure the resources it requires. Now is a critical juncture at which to encourage socially responsible behaviours in the Chinese extractive sectors, such as adopting the Extractive Industries Transparency Initiative (EITI). This analysis discusses the current corporate social responsibility (CSR) mechanisms in extractive industries and assesses the feasibility of socialising China towards adopting CSR global norms in the extractive industries. This article has three sections. The first discusses China's environmental governance trajectory and ecological footprint in the domestic and global extractive industry. The second section discusses the factors contributing to the success and failure of various CSR mechanisms, with a specific focus on the EITI, and the final section expounds on the emerging challenges and issues and concludes with policy recommendations.
  • Topic: Government
  • Political Geography: China
  • Author: Douglas Whitehead
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: NGO–firm partnerships have been well studied in the literature on corporate social responsibility (CSR) (Marano and Tashman 2012; Dahan et al. 2010; Oetzel and Doh 2009). However, these studies have generally limited their focus to Western multinationals and Western NGOs and, moreover, not by-and-large examine in depth the institutional settings under which either the firm or the NGO operates Building on recent institutional approaches to CSR (Brammer, Jackson, and Matten 2012; Kang and Moon 2012; Matten and Moon 2008), this paper examines how the institutional dynamics of several partnerships between Chinese firms and NGOs affect the manifestation of CSR (e.g. “implicit” vs. “explicit”). The paper also looks into how CSR and NGO–firm collaboration plays out within a changing state-corporatist framework in Chinese context (Unger and Chan 1995, 2008; Hsu and Hasmath forthcoming). The paper then argues 1) that the involvement of an NGO in the partnership reflects a changing institutional setting in China, and 2) that type and level of involvement of Chinese government institutions affects whether a given firm takes an “implicit” or an “explicit” approach to CSR.
  • Topic: Government
  • Political Geography: China
  • Author: Susannah M. Davis, Dirk C. Moosmayer
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: China\'s state-led model of corporate social responsibility (CSR) does not seem to present a promising environment for the participation of non-governmental organizations (NGOs). Nevertheless, we observe recent examples of NGO involvement in CSR initiatives. Chinese NGOs are using the CSR platform to challenge the environmental practices of firms operating in China. We take a field-theoretical approach that focuses on the agency of actors. We show how an international NGO proposes a new standard and how Chinese NGOs use local environmental information disclosure laws to engage with firms in the textile supply chain. We find that NGOs leverage the power of brands to influence the practices of Chinese suppliers. However, we find differences in the framing and tactics employed by international NGOs versus their Chinese counterparts. Field analysis helps better understand the actors in the field of CSR, along with their motivations and their resources, and it offers a useful perspective on civil society development in China.
  • Topic: Environment, Government
  • Political Geography: China
  • Author: Peter S. Hofman, Bin Wu, Kaiming Liu
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: In this paper we evaluate three projects with the participation of 40 supplier firms in several Chinese coastal provinces representing multi-stakeholder efforts to provide alternative channels through which workers can voice their concerns. The supplier firms took on these projects to reduce worker dissatisfaction and employee turnover. The projects fill an institutional void in employer–employee relations within Chinese supplier firms as they provide alternative channels for workers to voice their concerns. The role of civil society organisations focusing on labour interests was a crucial feature of the projects, through capacity-building for workers and by providing independence. The supplier firms and their workers have benefitted as firms take measures to enhance worker satisfaction, while the reduced employee turnover positively impacted firm performance. We propose that these collaborative socially responsible practices are a potential way to strengthen the positions of workers and supplier firms in global supply chains.
  • Political Geography: China
  • Author: Michael B. Griffiths, Jesper Zeuthen
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: This paper argues that new interpretations of “eating bitterness” (吃苦, chiku) have firmly entered the landscape of China's social organisation. Whereas the bitterness eaten by heroic types in China's revolutionary past was directed towards serving others, now the aim of eating bitterness is self-awareness. Furthermore, bitterness-eating, which once pertained to rural-urban migrant workers as opposed to discourses of urban “quality” (素质, suzhi), has now also been taken up by the urban middle classes. A new cultural distinction, therefore, adds dignity to migrant workers while potentially marginalising a wide range of unproductive people, both urban and rural. This distinction ultimately mitigates risk to the Chinese regime because the regime makes sure to reward those who eat bitterness. This paper is based on ethnographic data gathered in Anshan, from the rural areas surrounding Chengdu, and our analysis of a TV show about a peasant boy who becomes a Special Forces soldier.
  • Political Geography: China
  • Author: Gladys Pak Lei Chong
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Current Chinese Affairs
  • Institution: German Institute of Global and Area Studies
  • Abstract: This article examines the ways in which taxi driving and China's quest for global ascendency are interlinked and enmeshed. Inspired by de Certeau's The Practice of Everyday Life and his conceptual formulation of “strategy” and “tactic”, this article explores how taxi drivers, through their everyday practice of driving, found ways and moments to tactically challenge and appropriate so-called “civility campaigns” and a rising China. By demonstrating the numerous instances of tactics taxi drivers used, I argue that their socio-economic marginality did not, in fact, reduce them to a “powerless” position. I bring in Foucault's analytics of power and governmentality to add to de Certeau's work by helping to explain the intertwined relationship between government and governed to shed light on the complexity implicated in the dynamics of power relations and resistance. I examine the period around the 2008 Beijing Olympics as it involved large-scale attempts to showcase China through (urban) transformation.
  • Political Geography: China, Beijing
  • Author: Françoise Montambeault, Graciela Ducatenzeiler
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: After two successive presidential terms, the leader of the Partido dos Trabalhadores (PT) – the Workers' Party – Luis Inacio Lula da Silva, left office in 2011.1 After his first electoral victory in 2002, many observers of the Brazilian political arena expected a radical shift in the country's public policies towards the left. These expectations were rapidly toned down by the moderate nature of the policies and changes implemented under Lula's first government. Notwithstanding, Lula has succeeded in becoming one of the most popular presidents in Brazilian history and, by the end of his second term, about 90 percent of the population approved of his presidency. He attracted a large consensus among leftist forces in favor of market policies, which were accompanied by an important rise in the minimum wage and pension, as well as the expansion of social policies like his flagship program Bolsa Família. Some of his opponents grew to trust him as he tightened fiscal policy and repaid external debt. His government promoted growth through the adoption of economic measures that supported productive investments, including investorfriendly policies and partnerships between the public and private sectors. At the end of his second term, poverty and inequality had been significantly reduced, which had effects not only on wealth distribution, but also on growth by increasing domestic demand. Lula's Brazil also gained international recognition and approbation, becoming an emerging international actor and without a doubt a leader in Latin America.
  • Topic: Government, Poverty
  • Political Geography: Brazil, Latin America
  • Author: Wendy Hunter
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: This article compares and contrasts two important phases of social incorporation in Brazil: (i) an early punctuated period that integrated formal sector workers and civil servants under President Getúlio Vargas (1930–1945) and (ii) a later more extended sequence that strived to include the informal sector poor, beginning with the military regime (1964–1985), gaining momentum with the 1988 Brazilian Constitution and the presidency of Fernando Henrique Cardoso (1995–2002), and continuing under President Luiz Inácio Lula da Silva (2003–2010). It captures the shift from a welfare state based on corporatist principles to one that comes closer to basic universalism. Whereas Vargas's incorporation project addressed workers as producers, later governments incurporated the informal poor as beneficiaries of public policy programs – including income support policies – in a more individualist and liberal fashion.
  • Topic: Government
  • Political Geography: Brazil
  • Author: Evelina Dagnino, Ana Claudia Chaves Teixeira
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: This article discusses the participation of civil society during the governments of President Lula, particularly in institutional public spaces. The participation of civil society in decision-making processes, incorporated in the Brazilian Constitution of 1988, has been a central principle in the political project of the Partido dos Trabalhadores (PT) since its foundation in 1980. This paper examines the extent to which this principle has remained effective and has been actively implemented at the federal level since the PT came to power in 2002. It also analyzes the concrete results of implementing greater participation and the difficulties faced in doing so. In addition, it explores both the continuities and new developments that have emerged during the government of Lula's successor, Dilma Rousseff.
  • Topic: Government
  • Political Geography: Brazil
  • Author: Manuel Balán
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: This article analyzes the continued popular support for Lula and Dilma in the face of multiple corruption allegations throughout their respective presidencies. What explains their ability to survive corruption? And what are the implications of this – at first sight – lack of electoral punishment for Brazilian democracy? In searching for answers to these questions, this article looks at four mechanisms that help explain the continued popularity of politicians amid allegations of corruption: the use of clientelism as payoffs, informational failures, the relevance of other issues, and rouba mas faz. By analyzing Lula's and Dilma's terms in office and their inopportune links to corruption, this article argues that the shifting strategies used to deal with corruption allegations effectively shifted the reputational costs of corruption away from individual political leaders and toward the Workers' Party and the political system as a whole. This finding emphasizes the mid- to long-term consequences of corruption scandals on political parties and democratic institutions, while also shedding light on the paradoxical relationship between corruption as a voting valence issue and continuing electoral support for politicians allegedly involved in corruption.
  • Topic: Corruption
  • Political Geography: Brazil
  • Author: Camille Goirand
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: The Worker's Party (PT) was created in 1980 during the liberalization of authoritarian rule in Brazil, in the context of contentious mobilizations, which were especially strong in the union sector in São Paulo. The PT then attracted increasing support at the polls and won a number of local executives before winning the federal presidency in 2002; this process has often been labeled as “institutionalization”. This paper defines the notion of institutionalization and proposes an approach for observing institutionalization processes at the grass roots of party organization. The paper then analyzes the PT's transformation at the national level, whereby it became a majority, consolidated its organization, and moderated its ideological discourses. We also analyze the social components of the institutionalization of the PT. Based on the case of rank-and-file PT members in Recife, we show that this process included upward social mobility for local party leadership, included party leaders as professionals in the political arena, and created a growing distance between the party organization and the contentious space.
  • Political Geography: Brazil
  • Author: David Samuels, Cesar Zucco Jr.
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: Journal of Politics in Latin America
  • Institution: German Institute of Global and Area Studies
  • Abstract: What is the source of the Partido dos Trabalhadores' (PT) success? And is the PT likely to thrive into the future as a key player in Brazil's party system? In this paper we weigh in on an emerging debate about Lula's role in the PT's rise to power. Without Lula's ability to win more votes than his party, we might not be discussing lulismo at all, much less its difference from petismo. Yet despite Lula's fame, fortune, and extraordinary political capabilities, lulismo is a comparatively weak psychological phenomenon relative to and independently of petismo. Lulismo mainly reflects positive retrospective evaluations of Lula's performance in office. To the extent that it indicates anything more, it constitutes an embryonic form of petismo. The ideas that constitute lulismo are similar to the ideas that constitute petismo in voters' minds, and they have been so since the party's founding – a nonrevolutionary quest to make Brazilian democracy more equitable and more participatory. Both lulismo and petismo are key sources of the PT's strength, but petismo is likely to endure long after Lula has departed the political scene.
  • Topic: Politics
  • Political Geography: Brazil
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: No abstract is available.
  • Author: Xinyuan Dai
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: A growing sense among academics and policymakers alike is that the dominant issues of the twenty-first century will be decided in Asia-Pacific. But, the open question is how will these issues be decided: Who defines the rules of the game in the region and how? To address these questions, this paper studies the regulatory competition that is unfolding in the region. In particular, it examines the Trans-Pacific Partnership (TPP), with its potential to redraw the political-economic geography in Asia. Why is such a significantly path-breaking institution possible? This paper builds on the scholarship of international political economy and especially the literature on international institutions. It argues that this potential of the TPP crucially depends on the institutional environment in East Asia. A state of institutional anarchy enables the TPP to take hold in Asia. Important policy implications follow regarding the strategic use of international institutions.
  • Topic: Economics, Politics
  • Political Geography: East Asia
  • Author: Michael Cohen, Andrew O′Neil
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: American extended deterrence commitments span the globe. Despite extensive research on the causes of deterrence successes and failures, evidence of which US allies find what extended deterrence commitments credible is elusive. This article utilizes interviews with former Australian policy-makers to analyze the credibility of the United States to defend Australian forces during the 1999 INTERFET intervention in East Timor. While there was no direct threat to Australian sovereignty, the episode stoked concerns in Canberra regarding the willingness of Washington to come to Australia's assistance. The Howard government coveted a US tripwire force presence, and the Clinton administration's unwillingness to provide this raised serious concerns among Australian political elites about the alliance. While this says little about the separate question of whether Washington would use nuclear or conventional weapons in defense of Australian sovereignty, the Timor case indicates the existence of an extended deterrence credibility deficit regarding the more probable low-intensity conflicts that Australia finds itself in.
  • Topic: Government
  • Political Geography: America, Australia
  • Author: Joseph MacKay
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: International relations scholars have recently taken increased interest in empire. However, research has often focused on European colonial empires. This article aims to evaluate imperialism in a non-Western historical setting: Late Imperial China. The article first compares extant international relations (IR) accounts of empire (one broad and one narrow) to theories of the East Asian hierarchical international system. Second, to further specify analysis, I evaluate IR theories of empire against the historical record of the Ming and Qing dynasties, addressing Chinese relations with surrounding 'tributary' states, conquered imperial possessions, and other neighboring polities. I argue that while IR theories of empire capture much of the region's historical politics, they nonetheless underspecify it. Theories of East Asian hierarchy suggest additional mechanisms at work. The historical cases suggest extensive variation in how empires expand and consolidate. I conclude that there is room for further theory building about empire in IR and suggest possible areas of emphasis.
  • Topic: International Relations, Politics
  • Political Geography: China, East Asia
  • Author: Alexander C. Tan, Michael I. Magcamit
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: This paper seeks to explore and explain the process through which Taiwan utilizes free trade – both at multilateral and bilateral levels – in enhancing its shrinking de facto sovereignty against the backdrop of ubiquitous 'China factor' in the twenty-first century. It argues that China's sinicization project creates a scenario wherein increasing cross-strait stability ironically leads to decreasing de facto sovereignty for Taiwan. Due to this existing cross-strait security dilemma, Taiwanese leaders are being forced to preserve the island's quasi-independent statehood due to fears of losing its remaining de facto autonomy over domestic and foreign affairs. In essence, Taiwan chooses to be de facto free by remaining de jure unfree. Taiwan's sovereign space, therefore, becomes a pivotal referent object of its national security policy and strategy. Balancing between the two paradoxical interests of enhancing sovereignty while maintaining the Chinese-dominated cross-strait status-quo underlines the relentless games, changes, and fears that Taiwan confronts today.
  • Topic: Security
  • Political Geography: China, Taiwan
  • Author: Marc Lanteigne, Aglaya Snetkov
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: The global issue of humanitarian intervention has become more pronounced and complicated in recent years due to increasingly diverging views on addressing security crises between the West on one side and Russia and China on the other. Despite their support for the principles of 'Responsibility to Protect' (R2P), both Russia and China are wary of Western intervention in internal conflicts after the Cold War and have become increasingly critical of Western-led armed intervention in humanitarian conflicts. Unease in Beijing and Moscow over the multilateral intervention in the 2011 Libyan conflict and their ongoing opposition to Western policies in the Syrian Civil War since 2011 would seem to point to ever more coincidence in their negative views of American and Western intervention policies. A conventional wisdom has thus emerged that there is something akin to a Sino–Russian 'bloc', with near-identical policies of discouraging armed intervention within state borders under the aegis of humanitarian intervention or the R2P doctrine, signed in 2005 (2005 World Summit). However, closer examination of Russian and Chinese positions on the Libyan and Syrian conflicts, drawing on normative and identity perspectives, reveals significant differences in how both states address intervention in civil conflicts involving human rights emergencies. Indeed, the Libyan and Syrian cases suggest that the distance between the two states on 'acceptable' policies toward international intervention in civil conflicts may actually be increasing. While Russia has assumed the role of the 'loud dissenter' in global dialogs on humanitarian intervention, China has opted for the position of a 'cautious partner'.
  • Topic: Cold War, Governance
  • Political Geography: Russia, China, Syria
  • Author: Xiaochen Su, Chung-li Wu, Yen-chieh Liao, Tai-De Lee, Chen Tsao
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: The future of nuclear energy use has become increasingly contentious across the world. This is especially the case in Taiwan, which simultaneously suffers from the instabilities associated with fossil fuel imports and widespread public doubts about the government's ability to handle a Fukushima-scale disaster, while also being increasingly dependent on nuclear energy. This study employs the 2013 Taiwan Election and Democratization Study (TEDS) survey on the Lungmen Nuclear Power Plant to gauge public opinion on the nuclear issue. The results demonstrate that while the public tends to be pro-nuclear when they are informed about the financial consequences of abandoning nuclear power and reassured about safety concerns, opponents of nuclear power, though numerically fewer, tend to be more vocal. Further research is needed to determine the exact logic of the public's decision making, based on a more precise set of preconditions.
  • Topic: Nuclear Power
  • Political Geography: Taiwan
  • Author: Julie Gilson
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: <p>The European Union and Japan are, respectively, the world's leading and third largest economies by gross domestic product (GDP) and, when combined, make up one-third of global GDP. They are major trading partners and key actors in contemporary international politics, represented in all major international fora and participants in key security agenda, from peacekeeping to various multilateral security structures. And yet there remains very little scholarship on this important bilateral relationship. It is refreshing, therefore, to see the simultaneous publication of two volumes on JapanEU relations. Oliviero Frattolillo's single-authored book offers a concise retelling of the history of relations between Japan and the EU, aiming to recapture as it goes the principal milestones in their history with a focus on the three elements of the context of a changing international system, pragmatic nationalism and identity discourse. Indeed, these concepts provide the core of his conclusion but would have made an excellent structuring device for the entire book. He chooses instead to divide the book into two parts: looking first at the international environment on their bilateral relations and then at the idea of mediating actorness and culture in their dialogue. In contrast, Keck et al.'s much longer, edited, volume brings together practitioners of diplomacy alongside academics to cover much of the same ground. It is divided into three parts: taking an historical overview, examining case studies, and looking to the future. The case studies of Part 2 include several historical events and the third part tells us very little about the changes to which Japan and the EU have had to respond in more recent times. Whilst both books, then, offer a concise retelling of history, it is a shame that neither fully engages with the period of EUJapan relations since the start of the new millennium./p
  • Author: Sara Konoe
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: International Relations of the Asia-Pacific
  • Institution: Japan Association of International Relations
  • Abstract: <p>Okano-Heijmans's Economic Diplomacy powerfully presents how regional and global strategic factors have formulated Japan's economic diplomacy, while also considering how domestic business interests have impacted it. In particular, the book analyzes continuity and changes in Japan's economic diplomacy since the 1990s. The major cases green environmental and energy policies and Japan's diplomacy toward North Korea are drawn from the two extremes on the spectrum of economic diplomacy between the business end and the power-play end. The former involves cooperative efforts by business and government to maximize business opportunities, and the latter involves the strategic goals of a government. The analysis is based on the theories of economic diplomacy and related fields, as well as an extensive survey of empirical materials related to the selected case studies of Japan, including both English-written and Japanese-written ones, thus contributing to the understanding of economic diplomacy in general and that of Japan in particular./p
  • Author: Jochen von Bernstorff
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>The article aims to contribute from a history of science angle to the recent debate on the relation between legal scholarship, utopian ideals, and practice, which was spurred by the EJIL Symposium on Antonio Casseses Realizing Utopia and subsequent publications in this journal. It defends a conception of legal scholarship that keeps a reflexive distance vis--vis practice and current political trends in international relations. It focuses on traditional background assumptions of international legal scholarship, which constantly threaten this reflexive distance. Arguably these background assumptions are a 19th century legacy and today in a context of fragmentation and globalization stand in the way of developing the full potential of international legal scholarship as a medium of societal reflection. The classic role of the scholar as a law reformer in the current context turns out to be more problematic than it may have been in the past. Inspired by Kelsenian concerns and Nietzschean metaphorics, the article instead suggests that international legal scholarship functions as a cooling medium for the overheated discursive operations of the political, economic and legal subsystems of World Society./p
  • Author: Kristina Daugirdas
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>The International Law Commissions Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both state and non-state actors in a range of national and international forums. IOs have reason to be especially sensitive to the effects of this discourse on their reputations. A reputation for complying with international law is an important facet of an IOs legitimacy. The perception that an IO is legitimate is, in turn, crucial to the organ izations ability to secure cooperation and support from its member states. This article argues that IOs and their member states will take action to prevent and address violations of international law in order to deflect threats to IOs reputations and to preserve their effectiveness./p
  • Author: Richard Bellamy
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>International Human Rights Courts (IHRCts), such as the European Court of Human Rights (ECtHR), have come under increasing criticism as being incompatible with domestic judicial and legislative mechanisms for upholding rights. These domestic instruments are said to possess greater democratic legitimacy than international instruments do or could do. Within the UK this critique has led some prominent judges and politicians to propose withdrawing from the European Convention on Human Rights (ECHR). Legal cosmopolitans respond by denying the validity of this democratic critique. By contrast this article argues that such criticisms are defensible from a political constitutionalist perspective but that International Human Rights Conventions (IHRCs) can nevertheless be understood in ways that meet them. To do so, IHRC must be conceived as legislated for and controlled by an international association of democratic states, which authorizes IHRCts and holds them accountable, limiting them to weak review. The resulting model of IHRC is that of a two level political constitution. The ECHR is shown to largely accord with this model, which is argued to be both more plausible and desirable than a legal cosmopolitan model that sidelines democracy and advocates strong review./p
  • Author: Oisin Suttle
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>Notwithstanding International Economic Laws (IELs) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL./p
  • Author: Lorand Bartels
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>In principle, there are two ways in which states and international organizations can violate the human rights of persons outside their territorial jurisdiction. The first is by extraterri t orial conduct; the second is by domestic conduct, in the form of policies with extraterritor ial effect. This article considers the second of these scenarios, taking as its case study the EUs obligations under EU law. To this end, it analyses Articles 3(5) and 21(3)(1) of the EU Treaty, EU fundamental rights, and the EUs international obligations, which are also binding under EU law. It concludes by looking at the enforcement of any such obligations by individuals, the EU institutions, and EU Member States./p
  • Author: Enzo Cannizzaro
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>The scope of human rights is undergoing a paradigm shift, from a territory-based conception to a functional conception, which tends to protect human rights against the extraterritorial exercise of public authority. In the EU domestic system, this is upheld by Articles 3(5) and 21 TUE, which establish the promotion and protection of human rights as a foreign policy directive. However, the normative effect of these provisions is limited. Due to restraints deriving from the EU Treaties, these two provisions do not seem capable of providing a sufficient legal basis for EU action aimed at promoting and protecting human rights. To endow the Union with the means of action necessary to discharge the engaging function of global protector of human rights, a further development of the European constitutional framework seems to be indispensable.</p>
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>We deal in EJIL with the world we live in often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places the world we live in and photos of people who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution and all other manner of photojournalism/p
  • Author: Helmut Philipp Aust
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>Today mostly forgotten, Andr Mandelstam (18691949) was a pioneer of the human rights movement in the interwar period. Originally a diplomat in the service of the Russian Empire, he went into exile after the Bolshevik revolution and became an important member of the internationalist scene in Paris. An active contributor to the various professional associations and institutions of the time, Mandelstam came to draft the first ever international human rights declaration which was adopted by the Institut de droit international at its New York session in 1929. His work on human rights protection was influenced by his experiences as a diplomat in Constantinople where, in the years preceding World War I, he had witnessed the growing tensions over the treatment of the Armenian population of the Ottoman Empire. This article traces Mandelstams impact on the development of international human rights law and uncovers the driving forces for his work: the end of the Russian and Ottoman empires as well as his career change from diplomat to academic activist. The contribution invites us to reconsider traditional narratives of the origins of international human rights protection as well as to rethink the imperial(ist) influences upon this development./p
  • Author: Reut Yael Paz
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>This article seeks to create a historical contextualization of the first female law professor in America, Helen Silving-Ryu (19061993). Relying on Pierre Bourdieus work on the social and historical determinants of cultural production, this article situates Silving in her days at the University of Vienna as one of the first six female students to be admitted and as the only female scholar to be mentored by Hans Kelsen (18811973). Much of this article deals with Kelsens importance to Silvings intellectual development, particularly because they worked together again in Harvard after both escaped National Socialism. Despite Silvings later academic contributions and successes, her history has received little attention from the legal discipline by and large. Apart from recovering Silvings voice, through what she calls Acts of Providence, this article also shows why, and more importantly how, Silving and thus also a part of Kelsens history has been forgotten./p
  • Author: Thomas Schultz, Cédric Dupont
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>Investorstate arbitration, also called investment arbitration, is often accused of harming developing states facing economic hardship for the benefit of a wealthy few from the Global North. Its proponents respond that it is the only available means to resolve disputes impartially, and that its increased use clarifies international law. In this article, the authors investigate the empirical manifestations of the uses and functions of investment arbitration, with an original dataset that compiles over 500 arbitration claims from 1972 to 2010. The study reveals that until the mid-to-late 1990s, investment arbitration was mainly used in two ways. On the one hand, it was a neo-colonial instrument to strengthen the economic interests of developed states. On the other, it was a means to impose the rule of law in non-democratic states with a weak law and order tradition. But since the mid-to-late 1990s, the main function of investment arbitration has been to provide guideposts and determine rights for investors and host states, and thus to increase the predictability of the international investment regime. In doing so, however, it seems to favour the haves over the have-nots, making the international investment regime harder on poorer than on richer countries./p
  • Author: Elizabeth Stubbins Bates
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>In recent decades, there has been an increase in the volume and sophistication of works on compliance theory in international law in general,1 and in human rights in particular.2 This body of work is interdisciplinary, influenced by political science and international relations in substance and method.3 The typology of compliance theories, once formed of several separate strands,4 coalesced into two duelling perspectives. These were broadly characterized by rational choice approaches, focused on hegemony, sanctions, incentives, and material self-interest, with Andrew T. Guzmans addition of reputational concerns;5 and constructivist approaches, which argue that repeated interactions, argumentation, and exposure to norms characterize and construct state practice.6 Each of the three works reviewed in this essay critically engages with constructivist research and incorporates some analysis of material incentives, suggesting that constructivism is eclectic and rigorous, willing to debate its own assumptions. Taken together, their contributions are evidence of modern constructivisms sophistication and methodological breadth./p
  • Author: Hanne Sophie Greve
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>Lazy (as Used by Men) ... Ive often realized, not without a sense of disquiet, that talking isnt easy, that my words often propagate all kinds of misunderstandings once theyve flown out of my mouth. Ive also discovered that even a powerful propaganda machine lacks absolute controlling power over understanding and, similarly, sinks repeatedly into the mire of ambiguity ... hed been an employee of the Country Film Company but had been relieved of his duties due to his exceeding the birth quota. It wasnt that hed failed to comprehend the consequences of exceeding the birth quota: ... After Id spoken with him, after Id turned it over endlessly and uncomprehendingly in my mind, there was only one conclusion I could draw: he operated on another vocabulary system, one in which a great many words transgressed ordinary peoples imaginings. For example, violating law and order wasnt necessarily a bad or an ugly thing to do quite the contrary, violating law and order was a proof of strength, a privilege of the strong, a crucial source of happiness and glory./p
  • Author: Jan Klabbers
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>When Fritz Kratochwil published his classic Rules, Norms and Decisions in 1989, it was reviewed by an obviously bewildered David Bederman in the American Journal of International Law. Clearly, it seemed, here was something international lawyers should take note of, but equally clearly, Bederman, no intellectual slouch by any standard, had a hard time figuring out what made the book relevant, or even just interesting, for international lawyers. It seems Bederman was expecting something along the lines of a description of the role of law in global politics, but no such story unfolded. Instead, Rules, Norms and Decisions posited not a description, but a way of looking at the role of norms in international politics, and did so unlike much of what had gone on before: this was neither a variation on realism, nor riding the wave of institutional liberalism, nor anything like the New Haven approach or sociological jurisprudence or Henkin- style behaviouralism. As it turned out, Rules, Norms and Decisions became the closest thing to a manifesto of constructivism in the study of world politics, and therewith became pigeonholed as one of the three grand theories of international relations.</p>
  • Author: Oliver Diggelmann
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>Isabel V. Hulls book aims to demonstrate that post-1919 writings have contributed to obscuring rather than clarifying international laws role in how World War I was fought. She develops an original and highly differentiated view on the topic. On the basis of thorough historiographical research, she analyses the belligerents legal views put forward during the war and examines their effect on the conduct of war. The title takes up a quotation that later became a clich about international laws role in World War I. Immediately after the German attack on Belgium, the German Chancellor Theobald von Bethmann Hollweg called the treaty guaranteeing Belgiums neutrality a scrap of paper. This might suggest that World War I was a time of non-existence for international law, a black hole. Hulls book demonstrates how complex the legal situation predominantly was and that the course of the war was closely interlinked with legal questions and arguments./p
  • Author: Peter Hilpold
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>There is surely no dearth of studies on genocide, but Mark Levene, a reader in history at the University of Southampton and an expert in genocide research, has demonstrated that it is still possible to add a thorough study to the enormous library already existing on this subject. True, some of Levenes basic assumptions may be contested in academia but this does not detract from the value of his enormous research projects outcome. Already on the first page of his monumental study he clearly states its basic assumption: according to Levene, genocide is not an aberrant phenomenon in modern history but integral to a mainstream historical trajectory of development towards a single, global, political economy composed of nation states (vol. I, at 1). He sees the cases of genocide as a consequence of a more general Great Power conflict and the breakdown of the great multinational states, the Ottoman Empire, the Habsburg Empire, and the Russian Empire of the Romanovs./p
  • Author: Niels Petersen
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: <p>The concept of precedent has not received much attention in international law scholarship to date. International courts and tribunals are usually not formally bound by previous decisions. Nevertheless, there is no denying that precedents play a significant role in the practice of international courts. Courts cite and rely on previous decisions in order to lend their arguments more force. Two recently published studies aim to shed more light on this tension in the use of precedents: while Marc Jacob analyses precedents in the case law of the European Court of Justice, Valriane Knig examines the precedential effect of decisions in international arbitration. Both books not only analyse the same concept in different contexts, they also have a common methodological point of departure. They rely to a certain extent on an empirical analysis. They construct a database of decisions and draw several quantitative and qualitative inferences from this database. They thus contribute to a laudable trend in international law scholarship towards a greater focus on empirical analyses, even though the extent and the informational value of the quantitative analysis are limited in both cases./p
  • Author: Jonathan Shaw
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Not hi ROSH ima – Everything before and after the central rush of spit mere prelude and pathetic aftermath
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: I think it is difficult to contest that the most important state player in world affairs over the last one hundred years – and consistently so over this period – has been the United States of America. World War I – into which, to borrow from Christopher Clark's justly celebrated book, we 'sleepwalked' – marks a useful starting point. It is not only the fairly important role America played in bringing WWI to an end that signals the beginning of this era, but also the no less important role it played in shaping the aftermath. Wilson's 14 points were considered at the time 'idealistic' by some of the yet-to-be 'Old Powers'. But by dismantling the Ottoman Empire through the principle of self-determination (not at that time a universal legally binding norm) it was an early swallow to the demise, a mere generation later, of all other colonial empires and the truly decisive reshaping of the balance of power in the post-WWII world. The US played an equally cardinal role in ideating and realizing the United Nations Organization and the Universal Declaration of Human Rights – two lynchpins of our current world order.
  • Topic: Human Rights, War
  • Political Geography: United States, America, Gaza
  • Author: Jan Klabbers
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The theory of functionalism dominates the law of international organizations, explaining why organizations have the powers they possess, why they can claim privileges and immunities, and often how they are designed as well. Yet, the theory of functionalism is rarely spelt out in any detail, and its origins have remained under-explored. The purpose of the present article is to outline how functionalism came about by focusing on the 'pre-history' of international institutional law. To that end, the article studies the work of a number of late 19th, early 20th century authors on the law of international organizations, paying particular attention to the writings of Paul Reinsch. It turns out that functionalism, as developed by Reinsch, was inspired by his familiarity with colonial administration: colonialism and international organization both manifested cooperation between states. While this is no reason to discard functionalism, it does provide an argument for viewing international organizations more critically than functionalism habitually does.
  • Topic: Law
  • Author: Michelle Leanne Burgis-Kasthala
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This study employs a select ethnography of Palestinian workers in the field of international law and human rights to explore how an epistemic community gives content and meaning to international law in its professional and personal life. Through a series of interviews conducted in the West Bank in the wake of the Palestinian attempt to gain full United Nations membership in September 2011, the article constructs a meta-narrative about the nature of international legal discourse as spoken on the Palestinian periphery. It shows how speakers of international law are required to restate or over-state the distinction between law and politics so as to sustain their hope and desire for Palestinian statehood in the face of despair about its protracted denial. The article then is an exploration about the politics of meaning making through international law and a call for methodological hybridity within the discipline of international law.
  • Topic: Human Rights, International Law, Politics, United Nations
  • Author: Mark Chinen
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article argues that a gap that has always existed in the law of state responsibility is now becoming more apparent. That gap divides a state from its citizens, making it difficult to justify why state responsibility should be distributed to them. Purely legal approaches to the issue are not likely to resolve the problem, and although the literature of moral collective responsibility suggests some bases for having citizens share the costs of state responsibility, none are completely satisfying. Concepts from complexity theory show why this is so. If the theory is correct, the state is neither a legal abstraction nor reducible to the individuals who purportedly comprise it. Instead, it is an emergent phenomenon that arises from complex interactions among individuals, formal and informal subgroups, and the conceptual tools and structures that individuals and subgroups use to comprehend and respond to their physical and social environments. The theory is consistent with a basic premise of international law that the state as such is an appropriate bearer of responsibility. However, because in a complex system there is no linear connection between the emergent phenomenon and its underlying constituents, this suggests that the divide between a state and its citizens in the distribution of state responsibility may never be bridged.
  • Topic: International Law
  • Author: Jan Wouters, Joost Pauwelyn, Ramses A. Wessel
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Formal international law is stagnating in terms both of quantity and quality. It is increasingly superseded by 'informal international lawmaking' involving new actors, new processes, and new outputs, in fields ranging from finance and health to internet regulation and the environment. On many occasions, the traditional structures of formal lawmaking have become shackles. Drawing on a two-year research project involving over 40 scholars and 30 case studies, this article offers evidence in support of the stagnation hypothesis, evaluates the likely reasons for it in relation to a 'turn to informality', and weighs possible options in response. But informal structures can also become shackles and limit freedom. From practice, we deduce procedural meta-norms against which informal cooperation is increasingly checked ('thick stakeholder consensus'). Intriguingly, this benchmark may be normatively superior (rather than inferior) to the validation requirements of traditional international law ('thin state consent').
  • Topic: Environment, Health, International Law
  • Author: Mónica García-Salmones Rovira
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The article examines the substance and form of 20th century positivist international law; in particular the way in which each determines the other. The text describes the turn to interests in international law, which evolved slowly in scope and depth. By examining Lassa Oppenheim's focus on 'common interests' that united states and Hans Kelsen's focus on the 'struggle of interests' that constituted politics, the article studies two phenomena produced by the foundational role taken by interests during the 20th century. First, this role contributed to putting an end to the moral discussion about the treatment of native populations. Secondly, it curbed debate about a common political project for a global order, thus creating conformity characterized by abuse of power – all in the name of the neutrality of positivist law. This article suggests that the work of these two leading theoreticians in the field has contributed to the shaping of the legal theory of mainstream positivist international law, and seeks to foreground discussions about the different theories on the role of law in politics. In this manner it aims to help reconceptualize law in such a way as to bring about a situation in which discussions of a common political project for the international arena are more central.
  • Topic: International Law, Politics
  • Political Geography: United States
  • Author: Jörg Kammerhofer
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: In this response to Mónica García-Salmones Rovira's article 'The Politics of Interest in International Law', the argument is developed that an interpretation of Kelsen's legal theory as founded on 'interests' or 'conflicts of interests' is not adequately supported by the primary materials, if read in their context. 'Interests' do not play a major role in Kelsen's writings, and where they are discussed, they do not form part of his legal theory, i.e., the Pure Theory of Law. This response argues that this 'context insensibility' in reading Kelsen may have its roots in the unwitting adoption of one over-arching method of scholarly cognition. It thereby implicitly discards one of the crucial axioms of Kelsen's theory of scholarship: the avoidance of a syncretism of methods through a consistent separation of scholarly enterprises and methods. Not to adopt such a separation is a legitimate stance; to foist the non-separation on an author whose theory hinges upon it is not.
  • Topic: International Law
  • Author: Mónica García-Salmones Rovira
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: I am very grateful to Jörg Kammerhofer for his engagement with my text. Not only does he know Kelsen's main writings on legal theory very well, but he is himself a Kelsenian scholar. One is led, therefore, to speculate on the extent to which his reply comes close to what Kelsen himself would have written in respect of my article, and more generally in respect of the book on which it is based.
  • Topic: International Law
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution and all other manner of photojournalism.
  • Author: Lauri Mälksoo
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845–1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and analyses the main elements in his international legal theory as expressed in his textbook. In particular, his claim that international law was applicable only between 'civilized states' is illuminated and discussed.
  • Topic: International Law
  • Political Geography: Russia, Europe
  • Author: Rein Müllerson
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article concentrates on two controversial aspects of the writings of Friedrich Fromhold Martens – his treatment of the so-called mission civilisatrice of European nations and the potential clash of the two roles an international lawyer may have to perform: in the service of international law and representing national interests of his/her country or other clients. Both of these aspects in Martens' work have not lost their topicality; it is illuminating to draw parallels between his time and today's world.
  • Topic: International Law
  • Political Geography: Europe
  • Author: Rotem Giladi
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The Martens clause has made F. F. Martens one of the 'household names of our profession'. Since its first appearance in the preamble to the 1899 Hague Convention (II) on the Laws and Customs of War on Land, the clause has incessantly been puzzled over, historicized, celebrated, and re-enacted. Much of the extant discourse, however, is geared towards normative construction of the clause. This article, by contrast, seeks to depart from normative construction of the clause and draw attention, instead, to the discourse it has generated. To facilitate discursive exploration and demonstrate its pertinence, I offer a critical reading of the clause's origins as the enactment of an irony. Thus, the making of the clause saw words used to express something in the opposite of their literal meaning. In time, the clause itself came to represent that which is entirely the opposite of what it was first used for. These and other ironies underpin how the clause itself, its making, and Martens' role therein are interpreted, historicized, and celebrated today. They also pave the way for critical explorations of the clause's epistemic significance.
  • Topic: War
  • Author: Andreas T. Müller
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Friedrich F. Martens is famous for the clause named after him and his Cours of 1882. Much less known is his doctoral thesis of 1873 on 'The Office of Consul and Consular Jurisdiction in the East'. Apart from dealing with consular rights and duties in the Oriental states in general, Martens' special interest is in a particular institution of consular law in the 'East', i.e., consular jurisdiction. By virtue of so-called capitulations entered into in favour of Western states from the 16th century on, nationals of the latter nations were exempted from the territorial jurisdiction of their Oriental host states. In lieu of it, Western consuls exercised judicial authority over their fellow countrymen. Martens' analysis of consular jurisdiction is deeply immersed in the 19th century dichotomy of civilized and non-civilized nations, with this institution, from his point of view, assuming a key role in managing the relations between the two. He is convinced that intercourse between the West and the East and consequently a rise in the level of civilization of the Oriental states is only possible by mediation of consular jurisdiction. Thus, studying Martens' doctoral thesis contributes both to a better balanced assessment of Martens as an international lawyer and reminds us how quickly humanitarian arguments and purported promotion of civilizational purposes can turn into paternalistic reasoning.
  • Topic: Humanitarian Aid
  • Author: Shashank P. Kumar, Cecily Rose
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: This article provides empirical support for what might strike some as a truism: oral proceedings before the International Court of Justice (the Court) are dominated by male international law professors from developed states. In order to test this claim, our study examines the composition of legal teams appearing on behalf of states before the Court in contentious proceedings between 1999 and 2012. We have focused, in particular, on counsels' gender, nationality, the development status and geographical region of their country of citizenship, and their professional status (as members of law firms, barristers or sole practitioners, professors, or other). The results of our study raise questions about the evident gender imbalance among counsel who have appeared before the Court during the timeframe of this study, as well as the apparent preference that states have shown for 'repeat players' and professors of public international law. By presenting data on the composition of legal teams, and discussing possible explanations for the patterns that we have observed, this study aims to contribute to the development of a body of scholarship on international law as a profession.
  • Topic: International Law
  • Author: Gleider I. Hernández
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The proliferation of international courts and tribunals in the last two decades has been an important new development in international law, and the three books under review are at the vanguard in substantiating the claim that the judicialization of international law reflects its deepened legalization. All three have adopted ambitious empirical frameworks through which to assess the impact of international courts, and present valuable insights with respect to the phenomenon. Whilst all seek to make intelligible the growing relevance of the various international courts, their empirical methodology and mapping exercise reflects a faith that the legalization/judicialization of international law is a positive development, one that might nevertheless be contested. With the Oxford Handbook's mapping exercise, Karen Alter's 'altered politics' model of effectiveness, and Yuval Shany's 'goal-based' method for assessing effectiveness, the three books represent the forefront of scholarly efforts to study the practice of international courts. One should be careful, however: because the empirical exercise attempted in these three books goes beyond mere description into an attempt to model future outcomes, it has the drawback of privileging certain modes of cognizing the phenomenon of the proliferation of international courts. Although an important contribution, a solely empirical approach would create the impression of a purely linear progression in the judicialization of international law, one which might not be borne out in reality.
  • Topic: International Law
  • Author: Sara De Vido
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Water has been a challenging issue over the centuries. From questions of national boundaries and navigation, quite common in the past, to the development of a human right to water, this essential element for human life has always spurred debate among international lawyers, economists, political scientists, geographers, and anthropologists. The reason may be found in the scarcity of water, a phenomenon which affects both developed and developing countries. Much has been written on the topic, but the three books under review significantly contribute to a critical analysis of some pertinent legal issues related to water. The title of each monograph reflects the purpose of the respective study. Hence, International Law for a Water-Scarce World by Brown Weiss starts from the acknowledgement that 'the fresh water crisis is the new environmental crisis of the 21st century' (at 1) and provides an integrated analysis of water law, which considers climate implications, river basins, and the availability and quality of fresh water. Boisson De Chazournes' Fresh Water in International Law investigates the status of fresh water in international law. The choice of the titles of the chapters is particularly evocative. Thus, after a chapter on regulation of fresh water use, the book continues with chapters on the 'Economization' of the law applicable to fresh water, its 'Environmentalization', followed by its 'Humanization', and 'Institutionalization Trends in Fresh Water Governance', before focusing on dispute settlement mechanisms. The use of the ending '-zation' gives the immediate impression of the evolution of the law on fresh water resources, which now includes several separate but clearly interrelated aspects. The title of the third book, written by Thielbörger, deserves attention for two elements, the first being the letter 's' inside the parentheses and the second being the adjective 'unique' used for identifying the human right to water. The Right(s) to Water. The Multi-Level Governance of a Unique Human Right pursues a different purpose from the two other books under review which adopt a more comprehensive approach. Thielbörger's book (based on his doctoral dissertation) studies the human right to water from a comparative and international perspective, emphasizing the complexity of a right which is strictly linked to other rights but constitutes at the same time a right of its own.
  • Topic: Development, Human Rights, International Law
  • Author: David Schneiderman
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Mainstream investment law scholars have delivered their verdict on the relevance of the past: it is 'anachronistic and obsolete'. Historic controversies over the meaning of customary international law between capital-exporting and capital-importing states have been overtaken, it is said, by nearly 3,000 bilateral investment treaties. This looks mostly like a strategic denial – cabining investment law's past makes the present appear free of the dynamics of domination that characterized prior conflicts. That history, the mainstream maintains, bears no relationship to the meaning and content of contemporary commitments made by states acting in their sovereign capacity and in relative positions of equality.
  • Topic: History
  • Author: Ruti Teitel
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Does international law have an answer to the question: 'what is a fair international society'? In her insightful book, Emmanuelle Tourne-Jouannet interrogates in a systematic fashion diverse areas of international law that touch upon or address, directly or indirectly, fairness, equity, or redistribution: from the law of development to minority rights to international economic law. By taking positive law as the point of departure for an inquiry about global justice, Tourme- Jouannet departs, in a refreshing way, from attempts to extrapolate from mainstream legal theory an abstract conception of global justice. '[W]hat is to be addressed here are not contemporary theories of justice and the philosophical questions that the topic raises .... [I]t is the aim to address them here from a different angle: from within legal practice, as it were .... I have opted for an approach based on existing legal practice, with a view to conceptualizing and questioning it' (at 3). For Tourme-Jouannet, the question about the fairness of international legal practice leads to a number of other legal-historical questions regarding the contemporary evolution of international law. The project is 'simply to begin by identifying the principles and legal practices relating to development and recognition' ( ibid. ). In her view, adopting a historical perspective, these practices – notwithstanding their differences – reflect a joint concern with achieving global justice over the years.
  • Topic: Economics, International Law
  • Author: Stéphanie Dagron
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Lawrence O. Gostin's new book begins with the sentence '[t]his is a unique moment to offer a systematic account of global health law' and he is right. The book under review is published at a time when the most influential international institutions are emphasizing the necessity for multilateral cooperation in the field of public health. For example, the United Nations General Assembly (UNGA) addresses this point in its current deliberations on the post-2015 Millennium Development Goals Agenda. Contemporary globalization has irrevocably made borders porous to capital, services, goods, and persons. Global social, economic, and political changes, such as increasing industrialization, urbanization, environmental degradation, migration, drug trafficking, and the marketing strategies of transnational corporations (e.g., in the food, pharmaceutical, and tobacco industries) have a significant impact on health. This impact is transnational and intersectoral: global health hazards go beyond the control of individual nation states and extend beyond the restricted field of health care.
  • Topic: Economics, Health, Migration, United Nations, Food, Law
  • Author: Birgit Lode
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: Already back in 1987 the Brundtland report by the World Commission on Environment and Development stressed that '[n]ational and international law is being rapidly outdistanced by the accelerating pace and expanding scale of impacts on the ecological basis of development'. Since then international environmental law regimes have multiplied and an up-to-date introduction to the constantly evolving field of international environmental law is very welcome, not least due to the lack of equally concise alternatives in the introductory literature. Aimed at filling this gap, Timo Koivurova with his Introduction to International Environmental Law chooses an approach well suited to the student readers he primarily intends to address. The book dispenses with footnotes, tables of treaties, and a comprehensive bibliography. Instead, a manageable number of endnotes accompany each chapter, preceded by a set of questions and research tasks, and followed by suggestions for further reading and websites addressing the respective topics. Thereby, the subject matter is presented in the most general fashion possible without making concessions to the scientific nature of the book, allowing '[i]nternational environmental law and politics [to] speak for themselves' (at xix). Moreover, in order to make the information provided easily accessible and comprehensible by a broad range of readers the book includes several boxes going into more detail on, e.g., specific cases, conventions, institutions, or environmental disasters. It illustrates topics and sometimes presents them from a different angle by adding photographs and figures, clarifying essentials as well as sparking the readers' imagination.
  • Topic: Environment, Politics, Law
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: There was an error in the title of this article. The correct title is: The Venice Commission of the Council of Europe – Standards and Impact. The title has been corrected in the online version of EJIL. The publishers would like to apologize for this error and for any confusion caused.
  • Political Geography: Europe
194. Vietnam
  • Author: Keith Ekiss
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: European Journal of International Law
  • Institution: European Journal of International Law
  • Abstract: The airport shuttle driver arrives at dawn. When I complain in jest about the hour, he fires back a phrase, then translates: 'Vietnamese for Tough shit, baby.' We pick up a woman bound for France and he unloads, as if between men there was untold conflict. Her long blonde hair curls in tendrils toward her waist, she leans forward, a hand to his shoulder. Thirty years after Da Nang, he brought gifts to an orphanage, wooden toys, no guns, the children too young to have known our war. I put it, I tried to put it behind me. I watch him squeeze a thumb and finger to his temple: I pressed it all in here. When I was a boy, no one said a word about the war. For all I knew, the country didn't exist, a place as distant as Paris, the French model city for Saigon.
  • Political Geography: Vietnam
  • Author: Weiying Zhang
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: History and casual observations suggest that ideas and leadership are the two most important forces in all institutional changes. However, they have been absent or downplayed in conventional economic analysis of institutional changes. Conventional economics has exclusively focused on the notion of “interest” in explaining almost everything, from consumers' choices to public choices to institutional changes. IN particular, institutional changes have been modeled as a game of interests between different groups (such as the ruling and the ruled), with the assumption that there is a well-defined mapping from interests into outcomes.
  • Topic: Economics
  • Political Geography: China
  • Author: Randall G. Holcombe
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Political capitalism is an economic and political system in which the economic and political elite cooperate for their mutual benefit. The economic elite influence the government's economic policies to use regulation, government spending, and the design of the tax system to maintain their elite status in the economy. The political elite are then supported by the economic elite which helps the political elite maintain their status; an exchange relationship that benefits both the political and economic elite.
  • Topic: Economics, War
  • Political Geography: America
  • Author: George C. Bitros
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: In the aftermath of the unprecedented 2008 financial crisis, researchers of macroeconomics, finance, and political economy are showing renewed interest in the old but very significant question: Are central banks in large reserve currency democracies—in particular, the U.S. Federal Reserve—prone to creating asset bubbles, and if so, how is it possible to prevent the misuse of the banks' discretionary powers?
  • Topic: Political Economy
  • Political Geography: United States, England
  • Author: Thomas H. Mayor
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Karl Marx formulated his ideas in the middle of the 19th century when much of Europe, particularly England, was well along in what is often referred to as the Industrial Revolution. The central Marxist idea was that those who had wealth would reap the benefit of this revolution and become ever more wealthy while those who lived from their labor alone would be relegated to a bare subsistence. In his view, capital accumulation and increases in productivity do not benefit those who work for a living. Allegedly, those who own the means of production (wealth) and supposedly perform no work, receive all the benefits.
  • Topic: Government
  • Political Geography: Europe, England
  • Author: Ryan H. Murphy
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Contemporary economic policy debates are dominated by concerns regarding the rise in inequality (Stiglitz 2012, Piketty 2014). Primarily, this has led to a focus in re-invigorating redistribution. For instance, Robert Shiller (2014) has recently argued for indexing top marginal tax rates to inequality and using the revenues to fund transfer payments. Secondarily, there are the longstanding objections to “neoliberalism” in general, which has encouraged globalization and the liberalization of markets. To the extent that liberal reforms have improved economic institutions, might today's inequality subsequently derail them?
  • Topic: Economics, Markets
  • Author: Richard E. Wagner
  • Publication Date: 02-2015
  • Content Type: Journal Article
  • Journal: The Cato Journal
  • Institution: The Cato Institute
  • Abstract: Since the beginnings of the efforts of economist to give their discipline scientific grounding, economists have thought their theoretical efforts had relevance for addressing significant public issues. While the classical economists generally supported what Adam Smith described as the “system of natural liberty,” those economists also weighed in on numerous issues of public discussion. The tenor and substance of those efforts is set forth wonderfully by Lion Robbins (1952) and Warren Samuels (1966). While the analytical default setting of those economists was to support the system of natural liberty, they also recognized the value of sound public policy in supporting that stem. The classical economists thought that there could be publicly beneficial activities that the system. The classical economists thought that there could be publicly beneficial activities that the system of natural liberty would be unlikely to do well in providing. They also thought that there were activities provided through commercial transactions that could wreak significant effects on bystanders to those transactions. The amount of education acquired within a society was one such candidate (West 1965), with the care of the poor being another (Himmelfarb 1983). IN such matters as these, the classical economists engaged in strenuous debate and discussion that served as a forerunner to the development of welfare economics during the 20th century.
  • Topic: Government