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Lawyering Imperial Encounters revisits the relationship between the African continent and global capitalism since the 19th century Scramble. Focused on sites of imperial encounters – in London, Paris, Abidjan, Bujumbura, Kinshasa, Johannesburg or the Hague, it provides an unprecedented account of the correlation between the legacy of legal imperialism and British hegemony, and the uneven and unequal expansion of finance and global justice in the current rush for Africa's 'green' minerals. Tracking the role played by legal intermediaries to negotiate and justify Africa's practical and symbolic subaltern position in the global economy, it demonstrates the interconnectedness between political, legal and economic change in capitalism's cores and its so-called peripheries. Embracing the global turn in sociology, history and legal scholarship, it rubs against the functionalist account of global value chains as engines of development. It also constitutes a powerful postcolonial critique of law's double-bind - as both enabler and bulwark against domination.
Chapter 5 analyzes the evolving security structures in East Asia since the end of World War II. What counts as security for the countries in the region and beyond, and the policy choices made accordingly, have made East Asian security the way it is today. Evolution shapes every component of international security, specifically the nation, the nature of politics, and epistemology. Conventional security theories such as the security dilemma and alliance apply to East Asia partly because Western practice and theory have become parts of East Asian practice and theoretical thinking. At the same time, East Asia had a much longer history, and was not a blank canvas for outside influence. The mixture of the old and new explains why East Asian security concepts and practices seem partly familiar and partly strange, which is characteristic of East Asian international relations.
The Committees for the Defense of the Revolution (CDR) were one of the most important mass organizations in revolutionary Cuba. During the 1960s, the CDR developed a slew of actions among the Cuban masses, organizing cultural, political, and economic activities that shaped the revolutionary process from below. Through their work, the CDR gave meaning to their own idea of Cuban socialism. In the context of revolutionary upheaval, they were born as mass organizations to organize political surveillance against counterrevolutionary enemies. But the CDR also deployed productive power that sought to improve the lives of fellow Cubans. Organizing workers to solve local problems helped to reimagine the purpose of labor as a resource for public utility. For moments, the CDR even became the state. This article highlights the crucial role of the CDR members in the revolutionary process and their impact on the everyday lives of Cuban people.
In this chapter, the focus shifts to how language policies are enforced, a term which I use instead of the more traditional ‘implementation’ to highlight the need to focus on action in specific policy contexts and accept the messiness and asymmetry inherent to such a focus. I argue in particular for greater attention to how policies impact the individual by codifying emotional responses and structuring the linguistic habitus. The case study looks at how English language learning is enforced as a moral imperative in Thai mass media through emotive references to the English Proficiency Index published annually by Education First.
Chapter 8 is a new chapter for our textbook dedicated to the topics of diversity and inclusion. We discuss the power that can be derived from diverse group members and their experiences, but their diversity alone does not provide it. The importance of inclusion as a catalyst for leveraging the benefits of member diversity for higher productivity outcomes is discussed. We describe some of the challenges that diversity in groups can pose and factors that can exacerbate these challenges. We offer suggestions on methods groups can employ to help them overcome these challenges.
This article is a commentary on the relationship between artificial intelligence (AI), capitalism, and memory. The political policies of neoliberalism have reduced the capacity of individuals and groups to reflect on and change the social world, meanwhile applications of AI and algorithmic technologies, rooted in the profit-seeking objectives of global capitalism, deepen this deficit. In these conditions, memory in individuals and across society is at risk of becoming myopic. In this article, I develop the concept of myopic memory with two core claims. Firstly, I argue that AI is a technological development that cannot be divorced from the capitalist conditions from which it comes from and is implemented in service of. To this end, I reveal capitalism and colonialism's historical and contemporary use of surveillance as a way to control the populations it oppresses, imagining their pasts to determine their futures, disempowering them in the process. My second core claim emphasises that this process of disempowerment is undergoing an acute realisation four decades into the period of neoliberalism. Neoliberal policies have restructured society on the basis of being an individual consumer, leaving little time, space, and institutional capacity for citizens to reflect on their impact or challenge their dominance. As a result, with the growing role of AI and algorithmic technologies in shaping our engagement with society along similar lines of individualism, it is my conclusion that the scope of memory is being reduced and constrained within the prism of capitalism, reducing its potential, and rendering it myopic.
Linking up with the precolonial past, after seizing power the RPF privileged military solutions and used a performant armed force ‒ based in part on experience in its Ugandan years ‒ to capture power, which was its aim since the 1990 attack. During the civil war and after its takeover, the maintenance of military norms and ethos motivated the military’s centrality and penetration of all society’s sectors, economically, politically, socially and institutionally, with the ultimate aim of first capturing and later retaining power. The achievements of good technocratic/bureaucratic governance risk being undone by flawed political governance.
Edited by
Randall Lesaffer, KU Leuven & Tilburg University,Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Histories of international law more or less follow the epistemic position of the jurisdiction in which they arise. The parochial anglophone student of the comparative literature in the history of international law instantly sees a version of this phenomenon in action. With notable exceptions, even sophisticated work in the history of international law in the US is importantly different from English-language work in the same field that has begun to pour out from scholars based in the UK, Australia, New Zealand, Canada and elsewhere. In this chapter, I propose that this is because US scholars since at least the Second World War have taken up the history of international law through a set of questions and presuppositions structured by a standpoint inside the leviathan. The most powerful player on the international stage – the United States – has exerted a gravitational pull on scholars writing the history of international law and on the functions that such histories serve. In recent years, however, the cross-border professionalisation of the field is helping produce histories increasingly further afield from, or at least in a newly complex relationship with, the epistemic domination of the hegemon.
Since the 1990s, Japan has experienced the rise of a phenomenon known as “lonely death” (kodokushi 孤独死): people who die alone and whose death goes unnoticed for a certain period of time. This has triggered public anxiety and moral panic because lonely death is often perceived as a form of “bad death” and a sign of the breakdown of family ties and neighborly relations. In the 2020s, this “feeling rule,” which associates lonely death with shame and fear, has quietly begun to be challenged by a group of post-mortem cleaning workers. By sharing their work experience and feelings through blogs, artworks, and books, the workers’ accounts of how they deal with the remnants of the deceased have turned the public perception of lonely death from an abstract, totalizing, fearful category into an understanding that such incidents have specific causes that can be faced and even prepared for. The cleaners’ emotional labor, especially their mourning for the dead, creates a sense of relatedness to the deceased, a feeling which is conveyed to the public through the cleaners’ narratives. The cleaners thereby change the feeling rules associated with the labor of dealing with the aftermath of a lonely death, turning it from “dirty work” into meaningful social action. This article contributes to an understanding of feeling rules by highlighting how individuals’ efforts, particularly, their reflections on their emotional labor, can change collective feeling rules.
The concluding chapter reflects on how re-materializing worship and elevating a plurality of localized little pictures over the colonial big picture of Africa in antiquity can contribute to decolonizing North African studies. The chapter synthesizes evidence for how stelae participated in and shaped changing worship practices, and how these recursively reproduced imperial hegemony.
Chapter 1 introduces the problems to which this book responds and proposes alternative pathways for understanding the archaeology of the Roman Empire. It shows how particular colonial ways-of-knowing continue to shape the stories told of North Africa’s people and their traditions of worship under the Roman Empire, setting these within the binary of “Romanization” or “resistance.” While approaches to the archaeology of other parts of the Roman Empire have begun to embrace New Materialism as a way of moving beyond “Romanization,” this chapter argues that semiotic approaches offer a more productive means of engaging with and explaining the material dimensions of imperial hegemony.
Based on the discursive analysis of 28 semidirected interviews conducted in the small industrial town of Martfű, this article reflects on the role played by nationalism in the construction of political and cultural hegemony by Viktor Orbán’s Fidesz, Hungary’s ruling party since 2010. The ten themes mobilised by the respondents to express their vision of the Hungarian nation (identification, belonging, commitment, transmission, territory, uniqueness/fragility, heterogeneity/homogeneity, unity/division, east/west, and insubordination) and the issues attached to them (relationship to Hungarian minorities of neighbouring countries, relationship to the European Union, immigration, etc.) are paralleled with Fidesz’s discourse. On those subjects, Orbán’s party’s nationalism positions itself in a “central” way, managing to incarnate heterogeneous conceptions of the nation that are shared among this research’s respondents by Fidesz as well as non-Fidesz voters.
This chapter introduces students to the rich and controversial legacy of Marxism and one of its major offshoots in the twentieth century, Critical Theory. The chapter is presented in two parts. The first part touches on the historical and intellectual context that ‘created’ Marxism, Marx’s notion of historical materialism and the issue of how Marx’s ideas have been received in IR. The second part concentrates on the two strands of Critical Theory that have emerged within IR: one derived from the so-called Frankfurt School and the other from Italian thinker Antonio Gramsci.
Chapter 1 is a discussion of the scope of the concept of sustainable development. It examines the multiple dimensions of the concept and how these different angles to this concept have contributed to both its advance and decline in the law. This conceptual challenge accounted for the concept’s poor meaning and considerably poor performance. This chapter also provides insights into theoretical and methodological considerations underpinning this book, including the choice of Africa as the pivot of analysis and Third World Approaches to International Law as a scholarly approach.
How does the contemporary novel imagine utopian possibility in the wake of the global dominance of the United States in the second half of the twentieth century? This chapter suggests that we can discern two forms in which the novel responds to this perceived waning of American power. The first of these is an elegiac strand in the contemporary American novel, which mourns the failure of the American ideal and laments the exhaustion of its historical possibility. The second sees in the same failure of US hegemony not the winding down of a world view, but the emergence of new forms of cultural hybridity, new subject positions that come to thought only now, in the wake of the “American century.” This chapter suggests that, in order to understand the persistence of utopian thinking into the contemporary moment, one has to attend to both of these strands in the novel after American hegemony. The old word is dying, we might say, in an echo of Gramsci’s famous line, and the new cannot be born. It is in this interregnum that we find not only morbid symptoms, but the emergence of new forms of utopian possibility.
This article reconceptualizes norm conflict in international law by uncovering the experiential dimension of its definition and the intentional dimension of its resolution that has been missing from traditional accounts. The article locates the basis of recognizing norm conflict in the experienced sense of incompatibility between norms in view of their contexts rather than in the predesignated constellation of norms with contrary or contradictory functions according to their texts. Concomitantly, it argues that the justification for using certain legal techniques to resolve norm conflicts lies in the intended relationship deducible only between those norms that share the same regulatory purpose rather than between norms merely applying to the same factual situation. This reconceptualization generates a new typology of norm conflicts in light of the norms’ end goals and the means they provide to achieve them: “Ends Conflict”, “Means Conflict”, and “Unexperienced Conflict”, and suggests apposite ways to tackle them.
Under what conditions do countries lose their status as the leading global financial center? Some scholars argue that such shifts follow shortly after transitions in the distribution of other key capabilities (e.g. GDP), while others argue that path dependence or other more bespoke capabilities might be able to sustain financial leadership long after decline in other capabilities. This paper aims to understand the causes of the Anglo-American financial transition. I argue that the ability to manage political risk for investors is critical to the position of countries as financial entrepôts. In the case of British financial leadership, I argue that Britain’s position as an entrepôt hinged on its power projection capability, which enabled Britain to limit political risk for investors in ways that other states could not replicate. The gradual loss of those capabilities, in turn, saw Britain eventually become overshadowed by the United States. I support my claims with a TERGM analysis of the interwar sovereign debt network.
To date, the vast majority of post-growth thinking has been focused on explaining why a post-growth transition is needed and the policies this would entail. Less attention, in contrast, has been paid to the relations of power and structural mechanisms through which ‘growth hegemony’ is continuously reproduced, and even less to the mechanisms, counter-hegemonic strategies, and coalitions that could plausibly drive post-growth transitions in core states of the world-system. This article will explore these issues through the lens of Neo-Gramscian theory, particularly the ‘complex hegemony’ framework developed by Alex Williams. From this perspective, rather than reducing growth to capitalist relations of production (as Marxists typically do), we should instead frame it as an emergent hegemonic structure and process shaped by the reciprocally determining forces of political economy, ideology, and militarisation. I will argue that this approach provides more insight into the messiness of possible post-growth futures – which may confound neat binaries such as capitalism/socialism – as well as the mechanisms and struggles through which the world-system might be pushed in post-growth directions.
TheEconomic Consequences of the Peace was first published in 1919 and, since then, changed the economic discourse surrounding reparations and Carthaginian peace. This chapter specifies how three elements hinted at in the introduction of the Economic Consequences of the Peace – social classes, national sovereignty, and the international political system – can explain Keynes’ assessment of Carthaginian peace. The chapter analyses the optimality of reparations in the context of these three elements.
This article introduces the concept of hegemonic constituent power to argue for a greater role for the people in the process of Irish reunification through the establishment of a constituent assembly. Hegemonic constituent power contends that, ideally, constituent power should be possessed by the people; however, descriptively, this is invariably not the case. Constituent power instead is best understood as the manifestation of hegemony – the dominant power base in a given legal order that legitimates and reinforces this power through institutions, prevailing ideas and culture. Hegemony performs an important function in descriptively explaining legitimacy formation while not necessarily conferring normative legitimacy on existing power structures or those who exercise constituent power. Legitimacy and illegitimacy are both embedded in this notion of hegemonic constituent power. This allows for constituent power to perform a legitimating function and its creative potential to be unleashed while still leaving space for critical contestation over how this power was exercised. In this way, hegemonic constituent power also seeks to address critiques of constituent power as enabling populism. The article then deploys this concept of hegemonic constituent power to argue that fears of invoking the will of the people in debates on Irish reunification are misplaced.