A Global Strategy for a soul-searching European Union. EPC Discussion Paper, 13 July 2016

On 28 June 2016, just a few days after the historic Brexit vote, High Representative of the Union for Foreign Affairs and Security Policy Federica Mogherini presented the paper on the new European Union Global Strategy (EUGS) at the European Council, outlining the strategic coordinates for the EU’s foreign and security policy. In this Discussion Paper, Giovanni Grevi takes a closer look at the EUGS and assesses its main rationale, features, added value and prospects against the backdrop of an ever more complex world. Not only is the EU dealing with increasingly contested and polarised politics at home, but the global theatre itself has become hugely disorienting, more integrated and yet more fragmented at the same time. The paper recalibrates the overall foreign policy posture of the EU and sketches out a more modest and concrete approach compared to earlier aspirations, and a more joined-up one compared to current practice. By doing so, the strategy seeks to square the circle between the need for Europe to be cohesive and purposeful in a harder strategic environment and the fact that domestic politics within the Union constrain its external action and drain its attractiveness. The EUGS calls on the EU and member states to fully take on their responsibility to underpin unity, prosperity and security at home by taking more effective and joined-up action abroad. The question is, of course, whether this call will be heeded.

Introduction

The title of this book, Hard Lesson: Reflections on Crime control in Late Modernity, contains a number of clues about its general theoretical direction. It is a book concerned, fist and foremost, with the vagaries of crime control in western neo-liberal and English speaking countries. More specifically, Hard Lessons draws attention to a number of examples in which discrete populations – those who have in one way or another offended against the criminal law - have become the subjects of various forms of stare intervention, regulation and control. We are concerned most of all with the ways in which recent criminal justice policies and practices have resulted in what are variously described as unintended consequences, unforeseen outcomes, unanticipated results, counter-productive effects or negative side effects. At their simplest, such terms refer to the apparent gulf between intention and outcome; they often form the basis for considerable amount of policy reappraisal, soul searching and even nihilistic despair among the mamandirns of crime control. Unintended consequences can, of course, be both positive and negative. Occasionally, crime control measures may result in beneficial outcomes, such as the use of DNA to acquit wrongly convicted prisoners. Generally, however, unforeseen effects tend to be negative and even entirely counterproductive, and/or directly opposite to what were originally intended. All this, of course, presupposes some sort of rational, well meaning and transparent policy making process so beloved by liberal social policy theorists. Yet, as Judith Bessant points out in her chapter, this view of policy formulation tends to obscure the often covert, regulatory and downright malevolent intentions contained in many government policies and practices. Indeed, history is replete with examples of governments seeking to mask their real aims from a prying public eye. Denials and various sorts of ‘techniques of neutralisation’ serve to cloak the real or ‘underlying’ aims of the powerful (Cohen 2000). The latest crop of ‘spin doctors’ and ‘official spokespersons’ has ensured that the process of governmental obfuscation, distortion and concealment remains deeply embedded in neo-liberal forms of governance. There is little new or surprising in this; nor should we be shocked when things ‘go wrong’ in the domain of crime control since many unintended consequences are, more often than not, quite predictable. Prison riots, high rates of recidivism and breaches of supervision orders, expansion rather than contraction of control systems, laws that create the opposite of what was intended – all these are normative features of western crime control. Indeed, without the deep fault lines running between policy and outcome it would be hard to imagine what many policy makers, administrators and practitioners would do: their day to day work practices and (and incomes) are directly dependent upon emergent ‘service delivery’ problems. Despite recurrent howls of official anguish and occasional despondency it is apparent that those involved in the propping up the apparatus of crime control have a vested interest in ensuring that polices and practices remain in an enduring state of review and reform.

Trick or treaty?: The Australian debate over the Anti-Counterfeiting Trade Agreement

The secretive 2011 Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement 1994, and TRIPS-Plus Agreements, such as the Australia-United States Free Trade Agreement 2004. ACTA lacks the language of other international intellectual property agreements, which emphasise the need to balance the protection of intellectual property owners with the wider public interest in access to medicines, human development, and transfer of knowledge and technology. In Australia, there was much controversy both about the form and the substance of ACTA. While the Department of Foreign Affairs and Trade was a partisan supporter of the agreement, a wide range of stakeholders were openly critical. After holding hearings and taking note of the position of the European Parliament and the controversy in the United States, the Joint Standing Committee on Treaties in the Australian Parliament recommended the deferral of ratification of ACTA. This was striking as representatives of all the main parties agreed on the recommendation. The committee was concerned about the lack of transparency, due process, public participation, and substantive analysis of the treaty. There were also reservations about the ambiguity of the treaty text, and its potential implications for the digital economy, innovation and competition, plain packaging of tobacco products, and access to essential medicines. The treaty has provoked much soul-searching as to whether the Trick or Treaty reforms on the international treaty-making process in Australia have been compromised or undermined. Although ACTA stalled in the Australian Parliament, the debate over it is yet to conclude. There have been concerns in Australia and elsewhere that ACTA will be revived as a ‘zombie agreement’. Indeed, in March 2013, the Canadian government introduced a bill to ensure compliance with ACTA. Will it be also resurrected in Australia? Has it already been revived? There are three possibilities. First, the Australian government passed enhanced remedies with respect to piracy, counterfeiting and border measures in a separate piece of legislation – the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth). Second, the Department of Foreign Affairs and Trade remains supportive of ACTA. It is possible, after further analysis, that the next Australian Parliament – to be elected in September 2013 – will ratify the treaty. Third, Australia is involved in the Trans-Pacific Partnership negotiations. The government has argued that ACTA should be a template for the Intellectual Property Chapter in the Trans-Pacific Partnership. The United States Trade Representative would prefer a regime even stronger than ACTA. This chapter provides a portrait of the Australian debate over ACTA. It is the account of an interested participant in the policy proceedings. This chapter will first consider the deliberations and recommendations of the Joint Standing Committee on Treaties on ACTA. Second, there was a concern that ACTA had failed to provide appropriate safeguards with respect to civil liberties, human rights, consumer protection and privacy laws. Third, there was a concern about the lack of balance in the treaty’s copyright measures; the definition of piracy is overbroad; the suite of civil remedies, criminal offences and border measures is excessive; and there is a lack of suitable protection for copyright exceptions, limitations and remedies. Fourth, there was a worry that the provisions on trademark law, intermediary liability and counterfeiting could have an adverse impact upon consumer interests, competition policy and innovation in the digital economy. Fifth, there was significant debate about the impact of ACTA on pharmaceutical drugs, access to essential medicines and health-care. Sixth, there was concern over the lobbying by tobacco industries for ACTA – particularly given Australia’s leadership on tobacco control and the plain packaging of tobacco products. Seventh, there were concerns about the operation of border measures in ACTA. Eighth, the Joint Standing Committee on Treaties was concerned about the jurisdiction of the ACTA Committee, and the treaty’s protean nature. Finally, the chapter raises fundamental issues about the relationship between the executive and the Australian Parliament with respect to treaty-making. There is a need to reconsider the efficacy of the Trick or Treaty reforms passed by the Australian Parliament in the 1990s.

The Turtle Garden: Tan Kah Kee’s last spiritual world

This paper explores the role of diasporic subjects in China’s heritage-making through a case study of the Turtle Garden built by Tan Kah Kee in Xiamen, China. Tan is the first person with Overseas Chinese background who built museums in the P.R. China and has been regarded as a symbol of Overseas Chinese patriotism. This paper argues that the Turtle Garden, conceptualised as a postcolonial ‘carnivalesque’ space, is more than a civic museum for public education. It reflects the owner’s highly complex and sometimes conflicting museum outlook embedded in his life experience as a migrant, his encounter with (British) colonialism in Malaya, and integrated with his desire and despair about the Chinese Communist Party’s nation-building project in the 1950s. Rather than a sign of devotion to the socialist motherland as simplistically depicted in China’s discourse, the garden symbolises Tan’s last ‘spiritual world’ where he simultaneously engaged with soul-searching as a returned Overseas Chinese and alternative diasporic imagining of Chinese identities and nation. It brings to light the value of heritage-making outside centralised heritage discourses, and offers an invaluable analytical lens to disentangle the contested and ever shifting relationship between diasporic subjects, cultural heritage and nation-(re)building in the Chinese context and beyond.

Absconding (guitar and piano SADNESS and LONGING BEAUTIFUL)

Absconding is an instrumental piece with electric and acoustic guitar and piano. a sweeping and ethereal piece.

All things bright and beautiful

The famous hymn played on a piano.

Allelujah (dance version)

Allelujah Dance Version is a dance piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello, piano, harp, drums and bass.

Allelujah loop 01

Allelujah Loop 01 is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included or any other religious celebration where Allelujah gives praise. It centers on a female vocal singing Alleluia, with violin, cello, piano, harp and 2 synths and bells at the very end.

Allelujah short 01

Allelujah Short 01is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello, piano, harp and 2 synths and bells at the very end.

Allelujah short 02

Allelujah Short 02 is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello, piano, harp and 2 synths and bells at the very end.

Allelujah short 03

Allelujah Short 03 is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with bells end.

Allelujah short 04

Allelujah is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello, piano.

Allelujah short 05

Allelujah Short 05 is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello harp and 2 synths.

Allelujah short 06

Allelujah is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia.

Allelujah short 07

Allelujah is a cinematic and New Age piece that also fits well with projects of a religious or spiritual theme; Christmas and Easter included. It centers on a female vocal singing Alleluia, with violin, cello, piano, harp.