44 resultados para sovereignty


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The opportunity to rebuild community after conflict requires rapid responses to reinstall key institutions. This paper examines the role of educators in the reconstruction of educational systems and in the rebuilding of community through a case study of Iraq. While ongoing conflict continues in Iraq, reconstruction efforts persist through large scale infrastructure and institutional rebuilding that aims to bring stability to political, legal and financial systems. The interim Iraqi government, given sovereignty on June 28, 2004, continues to support the road map underpinning rebuilding efforts in Post-Saddam Iraq.1 The restructuring of education systems is a cornerstone of rebuilding efforts since an intact and functioning education system complements other social and economic transformations, rebuilds social relations and instigates a routine normalcy to post conflict communities . The paper problematises rebuilding efforts through critical policy analysis that questions the nature of policy, how assistance is constructed and the ambiguous political role of educators in educational rebuilding.

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The constitution of climate change as an ‘emergency’ invites an appeal to sovereign
power that is troubling in the context of Australia’s colonial history. Climate change is
an unsettling and dispossessing force that, while unprecedented in many ways, can be situated among a series of environmental and social crises that have shaped a discourse of anxious or insecure non-Indigenous belonging in this country. This discourse seeks to render non-Indigenous Australian place as secure and absolute, and understands environmental change as a threat to this goal. This threat appeals to an emergency framing, and in turn to a reassertion, in line with the insights of Agamben, of an exclusive sovereignty that rehearses the foundational dispossessions of colonization. At the same time, climate change is initiating new ways of conceptualizing human relations with place that challenge the value of sovereign status. It enacts realities that refuse a singular emergency and instead generate community from a reorientation of places, times and more-than-human relations. Thought in this way as a creative force that is shaping communities and environments, climate change becomes a source of critical insight for the possibilities of a decolonized future.

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In early 2012, 76 heavily armed police conducted a raid on a house in Auckland, New Zealand. The targets were Kim Dotcom, a German national with a NZ residency visa, and several colleagues affiliated with Megaupload, an online subscription-based peer-to-peer (P2P) file sharing facility. The alleged offences involved facilitating unlawful file sharing and United States federal criminal copyright violations. Following the raid, several court cases provide valuable insights into emerging ‘global policing’ practices (Bowling and Sheptycki 2012) based on communications between sovereign enforcement agencies. This article uses these cases to explore the growth of ‘extraterritorial’ police powers that operate ‘across borders’ (Nadelmann 1993) as part of several broader transformations of global policing in the digital age.

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This article examines the rise of so-called anti-gay laws in Russia as a response to international Russian-led support for using “traditional values” as the foundation for human rights norms. Viewed in this way, a logic of moral sovereignty emerges that purports to offer a compromise between international human rights obligations and local socio-cultural norms. However, in the case of anti-gay laws, moral panic over LGBTQ people has made homophobia a political proxy for understandings of traditional values, in the process implicitly legitimizing homophobic violence and discrimination, and setting a dangerous precedent for traditional values to be invoked as a justification for violations of human rights norms.

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The ongoing evolution of the global heritage movement has been marked by a move away from fabric-centred understandings of heritage, towards a language of ‘place’, ‘values’ and ‘stakeholders’. Recent initiatives like the ‘Vienna Memorandum on Historic Urban Landscapes’ and the ‘Seoul Declaration on Heritage and the Metropolis in Asia and the Pacific’ represent important steps in such directions for managing the heritage of urban environments. This paper examines these developments in the context of Srinagar, the capital city of Indian administered Kashmir. With the conflict in the region enduring for more than fifteen years, the city - regarded as one of the most important pre-modern urban landscapes in South Asia - has suffered extensive physical damage. Nonetheless, the city remains the cultural and political heart of a wider collective identity rooted in the Kashmir Valley. As such, Srinagar presents a rich example of a city that would strongly benefit from the insights gained from Seoul and Vienna; an approach that recognises how a sense of ‘place’ arises through an intimate dialogue between the built environment and the socio-cultural context within which it sits. However, as we shall see, a framework oriented around ‘values’ and ‘context’ opens up unfamiliar and difficult questions and challenges. If a city like Srinagar is to be discussed in more holistic, less fabric-based terms, the interfaces between heritage and its wider social values, such as cultural sovereignty, multi-culturalism or democracy require far greater attention than they have received to date.

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In the 1970s secessionists in Southern Thailand described the Thai state as "colonialist" constituted by "Siamese fascist officials"1 who had "illegally colonised Patani". The flavour of this discourse shows the importance of historical context in shaping the way resistance movements interpret their own struggles. In the case of the resistances groups in Southern Thailand, it reflects the influence of the wider international anti-colonial movement and its embrace of nationalism and socialism. Translating these concepts into a political agenda was complicated by the centrality of Islam in defining the grievances of the Patani Muslims. Islam was the reason they were considered marginal by wider Buddhist society and hence it was Islam that become a core identity marker and the fulcrum upon which the resistance movement grew. Merging the predominately secular themes of anti-colonialism with Islam was complex, and as a result for much of its existence the insurgency failed to define clearly an ideology beyond the general maxim of 'liberating the homeland' to create the Republic of Patani. By the onset of the twenty first century situation had changed and although the goal remained the same for many Thai Muslims it was based on firmer ontological ground. By defining itself in Islamist terms, the separatist movement managed to distance itself from the secular concepts that defined the Thai state ('nationalism') and which precluded support for its struggle from other states ('sovereignty'). The objective now is the creation of Al Fatoni Darussalam (Islamic Land of Patani) by "purging all Siamese infidels out of our territory to purify our religion and culture"2 (HRW, 2007: 45). In short, the shift in terminology indicates an ideological shift in the way the insurgents frame the conflict but also, more importantly, in their identification of the 'enemy'. 3 The 'liberation of the Republic' has now evolved into a 'struggle to liberate an Islamic Land'. From being a 'colonialist' and 'fascist' state, the Thai state has assumed the status of 'infidel'. The insurgents' embrace of Islamism as the organising principle of their resistance is progressively transforming the conflict into what Juergensmeyer has called a 'Cosmic War' (Juergensmeyer, 2003). This paper will further explore this ideological shift by analysing for the first time primary sources such as propaganda leaflets, interviews and insurgent interrogation reports that were collected during recent fieldwork in Southern Thailand between 2006 and 2008.

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In the 1970s secessionists in Southern Thailand described the Thai state as "colonialist" constituted by "Siamese fascist officials"1 who had "illegally colonised Patani". The flavour of this discourse shows the importance of historical context in shaping the way resistance movements interpret their own struggles. In the case of the resistances groups in Southern Thailand, it reflects the influence of the wider international anti-colonial movement and its embrace of nationalism and socialism. Translating these concepts into a political agenda was complicated by the centrality of Islam in defining the grievances of the Patani Muslims. Islam was the reason they were considered marginal by wider Buddhist society and hence it was Islam that become a core identity marker and the fulcrum upon which the resistance movement grew. Merging the predominately secular themes of anti-colonialism with Islam was complex, and as a result for much of its existence the insurgency failed to define clearly an ideology beyond the general maxim of 'liberating the homeland' to create the Republic of Patani. By the onset of the twenty first century situation had changed and although the goal remained the same for many Thai Muslims it was based on firmer ontological ground. By defining itself in Islamist terms, the separatist movement managed to distance itself from the secular concepts that defined the Thai state ('nationalism') and which precluded support for its struggle from other states ('sovereignty'). The objective now is the creation of Al Fatoni Darussalam (Islamic Land of Patani) by "purging all Siamese infidels out of our territory to purify our religion and culture"2 (HRW, 2007: 45). In short, the shift in terminology indicates an ideological shift in the way the insurgents frame the conflict but also, more importantly, in their identification of the 'enemy'. 3 The 'liberation of the Republic' has now evolved into a 'struggle to liberate an Islamic Land'. From being a 'colonialist' and 'fascist' state, the Thai state has assumed the status of 'infidel'. The insurgents' embrace of Islamism as the organising principle of their resistance is progressively transforming the conflict into what Juergensmeyer has called a 'Cosmic War' (Juergensmeyer, 2003). This paper will further explore this ideological shift by analysing for the first time primary sources such as propaganda leaflets, interviews and insurgent interrogation reports that were collected during recent fieldwork in Southern Thailand between 2006 and 2008.

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This article explores the tensions inherent in how Kyrgyzstan's nationhood and statehood have been imagined and practised via an analysis of local reactions to the findings of the Kyrgyzstan Inquiry Commission's (KIC) investigation into the 2010 Osh violence and in particular the threat narrative that developed in opposition to the investigation. In the wake of the clashes that erupted in Osh in June 2010, a recurrent theme was calls from the international community for an independent investigation. Within Kyrgyzstan, however, some politicians argued that investigations violated the republic's sovereignty. Despite local reluctance, a number of investigations did subsequently take place. Yet the reports of the respective investigations did little to quell controversy, with the KIC report being strongly criticized and declared a threat to national security. The strength of feeling demonstrated by this reaction was indicative of long-standing and unresolved tensions in Kyrgyzstan between international and local imaginings of nationhood and statehood. The article concludes by arguing that nationhood and statehood need to be reimagined to focus on re-establishing state–society relations by both local and international actors in order for Kyrgyzstan to begin repairing the already fragile sociopolitical relationships that were grievously damaged by the violence and the subsequent investigations.

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Glen says, “current education is colonial; it ain’t ours. I tell ya who needs educatin’, wadjellas”. Glen is a Noongar man who, along with several other Aboriginal adults living in Western Australia, teaches me in a PhD research project about prisoner education from their perspective. His words pose a question for wadjellas like myself who are raised, taught and work in a white neo-colonial society. We have been raised in, taught in and work in a colonial system. As non-Aboriginal people we have unearned privileges which are often invisible and unacknowledged. How then to address the outcomes of this in a way that might lead to working co-operatively alongside Aboriginal people? What kind of ‘educatin’ could teach us about our own unacknowledged privilege and the disadvantage this can lead to for others? Is the standard cross-cultural awareness training enough?This paper shares some of the teachings of Glen and other participants in this research. It expresses the view that, ultimately, the usually unacknowledged legacy of colonisation and associated issue of denied Aboriginal sovereignty lies at the heart of much of the disadvantage experienced by Aboriginal people today when considering education and the prison system. Addressing gaps in non-Indigenous cultural self-awareness by learning from Aboriginal people is an important factor in improving their experiences of education.

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AbstractThe latest Australian Commonwealth Government Close the Gap Report reveals the circumstances of many of Australia’s Indigenous Peoples are either stagnant or going backwards. This paper argues that such ongoing injustice is a consequence of systemic racism that has been perpetuated since colonization and sustained in the twenty first century by discussion or mention of racism being taboo. A counter colonial educational framework is then provided that has the potential to address such institutional racism. The paper begins by providing a definition of systemic racism. Following this there is a brief explanation of the unique geographical context and the racist history of colonization in Australia. The nature of remote communities, the link between traditional law, country and identity will be outlined. Based on readily available sources such as media reports, social media links, and public policy announcements by government the paper then reflects on what has been reported about closure of remote communities in Western Australia. Government policy, announcements and events of the past year will be described and critically discussed in light of the definition of racism provided at the beginning of the article. The proposed framework requires self-reflexivity of organisations and individuals with a particular focus on aspects of sovereignty, healing, re-learning history and starting with a focus on agency instead of deficit. Being guided by this framework has the potential to avoid arbitrarily forcing people from their physical, spiritual and ancestral home, though this is likely to be a long term proposition rather than a quick fix.

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While comparative law has become a key discipline, its instrumentalist use has turned out to be a powerful weapon: it is the ‘pen’ by which the identity of and differences in law’s geopolitics are continually written and rewritten. Given its attractive functionalist essence, comparative law is gaining increasing international credit as a way of developing newer theories of sovereignty and governance in a framework in which law is conceived of less as a set of rules and more as a symbolic vestimentum of global soft power. The present contribution critically investigates the relationship between distortive views of comparative law’s geopolitics and the intimate essence of the doctrine aimed at creating the ‘aspatial’, unbounded, illimitable (and hence intangible) liberal global order whose governance appears to transcend the idea and form(s) of law through which the ‘politicization’ and ‘juridification’ of modernity have been achieved in the last century. In doing so, it also addresses why such an alliance has made it easier to ‘discover’ and ‘sell’ the smooth and rectilinear land of the figuratively unspoken and unwritten as the terra incognita that lies over what is created by the constructivist political intervention(s) of the modern nation-state

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Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

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Authority and sovereignty disappeared in the West long ago, when power absorbed them both. The effects of this artifice have become particularly noticeable since the fall of the “bipolar” system. The post-political strategy pursued by universalized liberalism has indeed voided local government through an emphasis on global governance, in so endorsing the substitution of politics with administration. This paper argues that Japan is not affected by this totalizing phenomenon notwithstanding the official transplanting of libero-juridical policies and doctrines within its polity. Through a neorealist contextualization of the Japanese “authority-power” dichotomy and comparison between Western and Japanese “output” schemes of legitimation and accountability that will transcend the boundaries of purely cultural or socio-legal accounts, I contend that the reason why Japan is not part of the liberal scheme is that it is politically governed rather than managerially administered.