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.

Law-and-order politics, public-opinion polls, and the media

Over the past two decades, considerable political rhetoric has focused on the need to get tough on crime. Justification for this hard-line approach has been the public's apparent concem about rising crime rates and its increasing dissatisfaction with criminal sentencing. In this paper, we consider characteristics both of the measurement of public opinion and of the influences upon public opinion that may contribute to the depiction of a fearful, punitive community. In particular, we identify sources of bias in the methods and contexts of opinion-polling that promote a distorted representation of the discrepancy between community expectations of sentencing and the practices of the judiciary. We argue that the practices of pollsters, politicians, and media combine to create a self-sustaining obstacle to considered community discussion of crime and criminal sentencing.

Public opinion and ethics

The article reports on the complicated relationship between public opinion and ethics and discusses how large a role, if any, public opinion should play in issues related to health care, such as euthanasia. In the article the author offers her opinions on democracy and on the role that public opinion plays in solving ethical issues related to health care.

The role of traditional knowledge and access to genetic resources in biodiversity conservation in Southeast Asia

The article examines international treaties linking trade and environment, their governance models and implementation in the context of Southeast Asia. Particular attention is being paid to the role of intellectual property concepts, customary law and traditional knowledge as incentives for biodiversity conservation and to difficulties in defining the subject matter and communities of knowledge holders. Indonesia’s regulation of traditional knowledge and access to biodiversity is discussed as example. The article concludes that national development goals and interests in royalty collection frequently dominate the discussion and that key concepts are still insufficiently defined to avoid overlaps and conflicts. Genuine local support for the conservationist aims of the models will depend on whether a benefit flow to communities can be ensured and their original role to act as incentives can be realised. International collaboration is important to avoid disputes concerning biodiversity related knowledge held across borders.

Plant variety protection and traditional agricultural knowledge in Southeast Asia

This article provides an overview of the emerging plant variety protection (PVP) systems in Southeast Asia. The case studies are from countries that form part of the regional Association of Southeast Asian Nations (ASEAN), mainly Indonesia, Malaysia, Philippines and Thailand. The focus will be on the intersection between intellectual property rights (IPRs) and popular demands for the protection of the traditional knowledge (TK) of local communities. Factors that fuelled the emergence and shaped the content of the PVP laws were the obligation to comply with art 27(3)(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), aspirations for the development of the biotechnology industry, avoidance of possible sanction under the US ‘Special 301’ procedure, Free Trade Agreements (FTAs), the role played by the International Union for the Protection of New Plant Varieties (UPOV), technical assistance from UPOV member countries, membership of international biodiversity treaties and demands from civil society organisations for protection of TK. The PVP laws that resulted present an uneasy amalgam of conventional property rights with some aspects of protection of TK. It is very likely that the local communities claiming TK rights will face legal hurdles, in as much as government agencies implementing the law will face administrative and technical complications.

American defence policy and the challenge of austerity : some implications for Southeast Asia

This article examines the Obama administration’s attempt to rebalance U.S. strategy towards the Asia-Pacific region with special emphasis on Southeast Asia. It argues that America’s regional pivot is occurring at a time of unprecedented domestic fiscal austerity caused by a staggering level of national debt.

The U.S. domestic budget crisis, the current “declinist” debate, concern over the rise of China, and the impact of sequestration on American defence spending are analysed and their implications for Southeast Asia are assessed. The article suggests that the most serious aspect of the U.S. debt crisis may be its impact upon American strategic resilience and geopolitical confidence.

Thus, while many ASEAN nations have welcomed the U.S. strategic pivot as a valuable reinforcement of their security, they remain unsure that it is a sustainable policy. In the future, it is likely that reassuring ASEAN of the longevity of the U.S. commitment to the Asia-Pacific will require of Washington a skilled blend of budgetary reform, military presence, and sustained diplomatic effort.

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.