At the crossroads : the relationship between heritage and intellectual property in traditional knowledge protection in Southeast Asia

Matters related to traditional knowledge (TK) and traditional cultural expressions (TCEs) are 'at the crossroads' in various respects. From a legal perspective, TK is discussed in several international forums and is at the intersection of several already established or still emerging fields of law. Of particular interest here is the relationship between heritage and intellectual property. It is discussed in international diplomatic negotiations on intellectual property (IP) protection for TK/TCEs in the context of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore of the World Intellectual Property Organization (WIPO) and in the context of the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage. Geographically, TK is also located 'at the crossroads'. It is linked to cultural spaces associated with certain peoples and certain territories and these are often not identical with the borders of nation states. Such borders are a colonial artefact that often fails to reflect the ethno-geographical reality of a region. The divergent national and ethnic boundaries create overlapping claims in situations that may be further complicated by both ancient and modern transmigrations and/or shared heritage. The Southeast Asian region, which is the geographical focus of this article, has been at the crossroads of trade and religious and cultural influences for centuries and it provides, therefore, excellent examples for such overlapping cultural spaces and resulting conflicting or competing claims. The article examines the legal and geographical intersections that have contributed to the current situation and the relationship between cultural and intellectual property in regional claims as well as examples of disputes that have arisen and the reasons for them.

Digital archetypes : adaptations of early temple architecture in South and Southeast Asia

This unique book presents a broad multi-disciplinary examination of early temple architecture in Asia, written by two experts in digital reconstruction and the history and theory of Asian architecture. The authors examine the archetypes of Early Brahmanic, Hindu and Buddhist temple architecture from their origins in north western India to their subsequent spread and adaptation eastwards into Southeast Asia. While the epic monuments of Asia are well known, much less is known about the connections between their building traditions, especially the common themes and mutual influences in the early architecture of Java, Cambodia and Champa. While others have made significant historiographic connections between these temple building traditions, this book unravels, for the first time, the specifically compositional and architectural linkages along the trading routes of South and Southeast Asia. Through digital reconstruction and recovery of three dimensional temple forms, the authors have developed a digital dataset of early Indian antecedents, tested new technologies for the acquisition of built heritage and developed new methods for comparative analysis of built form geometry. Overall the book presents a novel approach to the study of heritage and representation within the framework of emerging digital techniques and methods. © Sambit Datta and David Beynon 2014. All rights reserved.

China's "South-South" trade with Southeast Asia: unequal exchange and combined and uneven development

China’s unprecedented emergence as an economic and political power has created a new geopolitical economy for semi-industrialised and developing economies in Southeast Asia. This paper examines China’s trade relationships with Thailand and Indonesia using the concepts of uneven and combined development (UCD) and unequal exchange. The mass of surplus value obtained through China’s trade with the developed economies has flowed into the considerable expansion in China’s imports from developing countries since 2000. China has maintained a consistent trade deficit with the latter. While the developing countries concerned have benefitted from this set of relationships, the extent to which they have done so has been determined by national strategies. In countries like Thailand – where manufacturing capital and a significant working class has emerged – exports expanded on the basis of mutually advantageous technologically and skills intensive goods. These are produced with a similar organic composition of capital as in China. The result has been a further consolidation of the hegemony of manufacturing capital. Indonesia, however, has a political system and economy long dominated by resource exploitation linked fractions of capital. The result has been a surge in primary goods exports. The current commodity price cycle has meant these goods exchange at prices above their value. The current looming price correction, however, may have negative repercussions. In the meantime, the concentration in raw materials exports is helping to prevent the emergence of a circuit of productive capital in manufacturing. The evidence from these contrasting cases suggests that the degree to which developing economies can benefit from China’s own historically unparalleled combined development remains highly contingent on the strength of the combined development possibilities and efforts within these other national social formations. Above all, there is the degree to which manufacturing sectors of capital can obtain hegemony.

Politics in contemporary Southeast Asia : authority, democracy and political change

The countries of Southeast Asia continue to change, evolve and chart courses that sometimes leave outside observers puzzled. Politics in Contemporary Southeast Asia thoroughly assesses the political challenges and changes faced by the countries of Southeast Asia in the 21st century. Focusing on political processes throughout, this book introduces readers to the challenges of representation and accountability of the regional governments, degrees of good governance and transparency, and the role of elites and militaries in shaping or determining political outcomes.

Southeast Asia: a community of diversity

The region known as the Southeast provides the basis for a broad political community characterized by cultural and ethnic diversity, disparities in economic performance, and differences in regime and constitutional foundations. In recent years, the Association of Southeast Asian Nations (ASEAN) group of nations has made strides toward building a community based on respect for these differences. Despite a growing acceptance for democratic processes and human rights, the influence of these values over existing institutions and state behavior remains incomplete. The future development of the ASEAN region, and the nations that comprise it, is likely to be based on the strength and character of the relationships these states forge with one another and with more powerful external actors.

Compositional connections : temple form in early Southeast Asia

The temples of Southeast Asia are remarkable and intriguing in their architecture, in that they are obviously derivative from Indic canon and yet
profoundly original and different from the corpus of the subcontinent. Further, the regional nuances of these temples, whether in Java, Cambodia or Champa, defy obvious and linear connections within these traditions and with the pan-Indic corpus. While epigraphists, Sanskritists and historians have made significant connections between these temple building traditions, much work remains to be done on the compositional and architectural linkages along the trading routes of South and Southeast Asia. This paper is an early attempt at understanding the compositional connections, as evident in the temple forms of early southeast Asia. To elucidate the complex material, the authors deploy a comparative method on two levels. Between ideal notions of the Hindu temple and shared cosmogony on one hand and individual temples as a realization of the ideal on the other. The consideration of the compositional material yields some surprisingly rich and varied connections. For example, the affinities between 7th century cellas in Cambodia and early Gupta models from central India are difficult to ignore. Further, the linkages between these cellas and the early Deccan experiments in structural stone raise questions about both idioms. The range of experimentation in Cambodia
(in plan forms, superstructure and construction methods are discussed with reference to their Indic antecedents. The findings of the paper raise questions about the relation between temple and treatise; between theory and practice and between the individual temple and its collective corpus.

Is there a Kuznets' process in Southeast Asia?

Relatively little is known about the determinants of inequality in Southeast Asia. This paper fills this void by comprehensively testing Kuznets’ hypothesis for Southeast Asia. We estimate both unconditional and conditional Kuznets’ curves using panel data for 8 countries. The analysis suggests the existence of a Kuznets’ curve with respect to per capita income; the path of inequality is nonlinear with respect to economic development. There is no evidence of a Kuznets curve with respect to non-agricultural employment. There is some evidence in terms of urbanization, though this is not robust. There is robust evidence on the role of national governments and education in shaping the path of inequality in the region. Government involvement reduces inequality. Education appears to have a non-linear effect on inequality.

Southeast Asia

Southeast Asia occupies the mainland area east of India and south of China, as well as the archipelago between the mainland and Australia, west of the Pacific Ocean. The region is self-identified by its geographic proximity, although cultural commonalities across the region occur mostly at the level of consensus gentium rather than as an overarching mode of regional distinction. Its peoples derive from a broad East Asian racial grouping, dividing primarily along linguistic lines into four families of languages. These linguistic families thereafter quickly devolve into hundreds of ethnic groups, many of which have been bound together in postcolonial states that, to various degrees, comply or otherwise with precolonial polities. While some states have a strong sense of coherent national identity, others have had to consciously construct such an identity, with varying degrees of success and not a little resistance.