Understanding ASEAN’s approach to sanctions against norm breakers

2021 ◽  
pp. 019251212097258
Author(s):  
Kerstin Schembera
Keyword(s):  
Case Studies ◽  
Southeast Asian ◽  
Interview Data ◽  
Member States ◽  
Norm Violations ◽  
Explanatory Factors ◽  
Regional Organisations ◽  
Informal Approach

Regional organisations (ROs) increasingly act as promoters of democracy by applying sanctions against members who do not comply with collectively agreed norms. Despite the absence of an official sanctions policy, the Association of Southeast Asian Nations (ASEAN) does interfere in certain ways into member states’ internal issues in some cases of norm violations. This study empirically explores how and why ASEAN decides to interfere or not in such situations. The findings derived from case studies on Cambodia and Myanmar, drawing on evidence from documents, media, and interview data reveal novel insights on ASEAN regionalism in the context of non-compliant member behaviour. I argue that the informal approach to regionalism provides ASEAN with a lot of room for discretion in responding to members’ norm violations. The article identifies geopolitical preferences, extra-regional interference, and legitimation as explanatory factors for the RO’s varying punitive actions.

scholarly journals Strengthening the EU’s resilience to hybrid threats

European View ◽  
2021 ◽  
pp. 178168582110046
Author(s):  
Sandra Kalniete ◽  
Tomass Pildegovičs
Keyword(s):  
Case Studies ◽  
Presidential Election ◽  
Turning Point ◽  
Hybrid Methods ◽  
Cyber Attacks ◽  
Political Will ◽  
Member States ◽  
Eu Member States ◽  
Us Presidential Election ◽  
Hybrid Threats

Against the backdrop of the deterioration of EU–Russia relations in recent years, there has been a shift in the awareness of hybrid threats all across the Union. At the same time, there is evidence of a growing political will to strengthen resilience to these threats. While hostile foreign actors have long deployed hybrid methods to target Europe, Russia’s intervention in Ukraine in 2014, interference in the 2016 US presidential election, and repeated cyber-attacks and disinformation campaigns aimed at EU member states have marked a turning point, exposing Western countries’ unpreparedness and vulnerability to these threats. This article analyses the EU’s resilience to hybrid warfare from institutional, regulatory and societal perspectives, with a particular focus on the information space. By drawing on case studies from member states historically at the forefront of resisting and countering Russian-backed disinformation campaigns, this article outlines the case for a whole-of-society approach to countering hybrid threats and underscores the need for EU leadership in a standard-setting capacity.

‘Strangers’ and ‘stranger-kings’: The sayyid in eighteenth-century maritime Southeast Asia

2009 ◽  
Vol 40 (3) ◽  
pp. 567-591 ◽  
Author(s):  
Jeyamalar Kathirithamby-Wells
Keyword(s):  
Eighteenth Century ◽  
Southeast Asia ◽  
Case Studies ◽  
Charismatic Leadership ◽  
Southeast Asian ◽  
The West ◽  
New Era ◽  
Asian State ◽  
Political Challenge ◽  
Western Expansion

Sayyidi ‘strangers’ and ‘stranger-kings’, borne on the eighteenth-century wave of Hadhrami migration to the Malay-Indonesian region, boosted indigenous traditions of charismatic leadership at a time of intense political challenge posed by Western expansion. The extemporary credentials and personal talents which made for sāda exceptionalism and lent continuity to Southeast Asian state-making traditions are discussed with particular reference to Perak, Siak and Pontianak. These case studies, representative of discrete sāda responses to specific circumstances, mark them out as lead actors in guiding the transition from ‘the last stand of autonomies’ to a new era of pragmatic collaboration with the West.

ASEAN and Its Problematic Treaty-Making Practice: Can International Organizations Conclude Treaties “on Behalf of” Their Member States?

2014 ◽  
Vol 4 (2) ◽  
pp. 391-419 ◽  
Author(s):  
Zhida CHEN
Keyword(s):  
International Law ◽  
International Organizations ◽  
Southeast Asian ◽  
The Other ◽  
Member States ◽  
The Real ◽  
Asean Member ◽  
Real Issue ◽  
The Status

The Association of Southeast Asian Nations (ASEAN) has, on various occasions, concluded treaties on behalf of its Member States. This raises some interesting questions: is ASEAN entitled to enter into treaties on behalf of its Member States; and if so, what should be the status of ASEAN and its Member States vis-à-vis the other party to the treaty? The issue is not one of whether the ASEAN Member States have consented to such a practice—it must be assumed that they have. Instead, the real issue is whether such treaty-making practice can and should be valid under international law, even if the Member States have consented for ASEAN to conclude these treaties on their behalf. This paper will argue that, under international law, ASEAN is entitled to conclude treaties on behalf of its Member States.

Interventions and the Limits of the Responsibility to Protect: Regional Organisations and the Global South

2017 ◽  
pp. 192-215
Author(s):  
Joseph Hongoh
Keyword(s):  
Case Studies ◽  
Global South ◽  
Potential Effect ◽  
Responsibility To Protect ◽  
Economic Empowerment ◽  
Regional Organizations ◽  
Regional Organisations ◽  
Alternative Reading

In Chapter Eight, Sovereignty versus Responsibility to Protect, Joseph Hongoh argues that the struggle in navigating the tension surrounding sovereignty as responsibility to protect actually obscures rather than enables productive engagements with the concept and practice of intervention. Referring to case studies from Africa, Hongoh suggests that integrating regional organizations (ROs) within the international-regional-national axes of R2P potentially restricts the broader conception of intervention. In undertaking this examination, he begins by providing an alternative reading of sovereignty as a responsibility. In this regard, he demonstrates how regional organizations in Africa have perennially engaged with the questions of sovereignty, responsibility, protection and human solidarity within the broader frames of political and economic empowerment and emancipation. In the last two sections of his chapter, Hongo shows how the broader conception of intervention has the potential effect of producing transnational sovereignty, and in ways that are not imagined within R2P. The result, he suggests, may lead to implementation of R2P within the conditions of sovereignty that are determined by ROs.

Indicators for Monitoring Implementation of EU Equality Directives

2020 ◽  
Vol 45 (4) ◽  
pp. 444-471
Author(s):  
Emma Lantschner
Keyword(s):  
Case Studies ◽  
Present Article ◽  
Practical Implementation ◽  
Member States ◽  
Regular Monitoring ◽  
Eu Member States ◽  
Comparative Review

Abstract The present article discusses the usefulness of indicators in monitoring not only the legal transposition but also the practical implementation of the two Equality Directives adopted in 2000. It focuses on those provisions of the Directives which have assigned a particular role to ngos, both in reacting to discrimination as well as in preventing discrimination and promoting equality. Indicators have been developed on the basis of a comparative review of transposition and implementation, including case studies on Romania, Hungary and Croatia. Considering the great potential of ngos in contributing to achieve the aims of the Directives and the current worrying trends as to how they are supported in (or obstructed from) taking up their role, the article proposes using these indicators not only in the pre-accession context but also for regular monitoring of all EU member states.

The Social Life of Heritage-Making

2020 ◽  
Author(s):  
Florence Graezer Bideau
Keyword(s):  
Cultural Heritage ◽  
Case Studies ◽  
Social Life ◽  
Cultural Meanings ◽  
Anthropological Perspective ◽  
Member States ◽  
Ethnographic Fieldwork ◽  
The Social ◽  
Underlying Processes

This chapter adopts an anthropological perspective to explore the role played by institutions in the social and historical construction of heritage. Since member states ratified the UNESCO Conventions, national inventories have been collated so that candidacies can be submitted to international lists for recognition and, in turn, return the benefits of this cultural showcase to the nation. Based on ethnographic fieldwork in China and Switzerland, this chapter focuses on the logic underlying processes of selection, which involves both political and administrative bodies. How cultural heritage is interpreted by various stakeholders will be outlined, along with an analysis of practices and narratives that almost inevitably produces friction. The case studies presented here highlight the complexity of cultural meanings and frictions among stakeholders at all levels who claim their ‘rights to cultural heritage’.

Balancing Competence and Control

2020 ◽  
pp. 180-202 ◽  
Author(s):  
Felix Biermann ◽  
Berthold Rittberger
Keyword(s):  
Food Safety ◽  
Case Studies ◽  
Regulatory Networks ◽  
Focal Point ◽  
Aviation Safety ◽  
Regulatory Agencies ◽  
Member States ◽  
European Regulatory ◽  
And Control ◽  
The Eu

In recent decades the EU has witnessed a remarkable rise in the number of specialized regulatory agencies and European regulatory networks (ERNs). It is often assumed that agencies and ERNs are mutually exclusive instruments of indirect governance. As this chapter argues, however, they are often used in combination to better address competence–control tradeoffs. The chapter illustrates this argument with two case studies of regulatory policymaking in the EU. First, in the case of aviation safety, the EU and its member states created a new agency, the European Aviation Safety Agency, to overcome a control deficit which had hampered its ability to rein in existing regulatory networks. Second, in the field of food safety, the EU as collective governor sought to overcome the competence deficit of its intermediary, the European Food Safety Agency, by enlisting a second intermediary: the “Focal Point Network” (an ERN).

R2P in Syria and Myanmar: Norm Violation and Advancement

2020 ◽  
Vol 12 (2) ◽  
pp. 211-233
Author(s):  
Jenna B. Russo
Keyword(s):  
Security Council ◽  
International Community ◽  
Member States ◽  
Norm Violations ◽  
Norm Violation ◽  
Theoretical Claim ◽  
The Creation

Attempts to intervene in the Syrian and Myanmar crises have been hampered by political deadlock, leading even supporters of R2P to question its continued salience. Yet, upon closer consideration, Member States and other members of the international community have, by and large, upheld their protection responsibilities, via the creation of innovative mechanisms that have been used to bypass Security Council deadlock. Not only have these mechanisms served to uphold R2P in these two cases, they have created alternate pathways to operationalise R2P, thus serving to further advance the norm. The theoretical claim put forth is that norm violations have served as an alternate vehicle for norm advancement, as flagrant norm violations committed by the Syrian and Myanmar governments, as well as by the Security Council, have reminded members of the international community of the costs of failing to protect.

scholarly journals Understanding National Preferences in EU Consumer Policy: A Regime Approach

2020 ◽  
Vol 43 (4) ◽  
pp. 767-798
Author(s):  
M. H. Austgulen
Keyword(s):  
Consumer Policy ◽  
Public Consultation ◽  
Regime Theory ◽  
Theoretical Understanding ◽  
Member States ◽  
Policy Regimes ◽  
European Consumer ◽  
Explanatory Factors ◽  
Key Stakeholders ◽  
Using Data

Abstract EU consumer policy is a policy area that is receiving increased attention and is considered important for the proper functioning of the internal market. Yet, as with many other supranational policy areas, conflicting positions of the Member States have led to many compromises and rejections of EU-initiated proposals. By building on regime theory and previous research identifying consumer policy regimes, the aim with this article is to investigate potential patterns in countries’ preferences in EU consumer policy. With this, the article seeks both to contribute to the theoretical understanding of factors influencing Member States’ positions to EU consumer policy and to the debate on how future EU consumer policies should be designed and put into power. Differences in country and regime preferences are analysed using data collected through an open public consultation as part of the European Commission’s Fitness Check of European consumer and marketing law in 2016 and through interviews with key stakeholders in 2018. The results show that there are substantial differences between the regimes and that the level of harmonization of consumer and marketing law seems to be the most contested issue. Furthermore, the article points to several potential reasons for these differences between countries and regimes and recommends that future studies should be undertaken to generate deeper knowledge about the effects of these explanatory factors.

scholarly journals Combatting counterfeit drugs: Case studies of Cambodia, Vietnam and Thailand

2017 ◽  
Vol 14 (1) ◽  
pp. 4-15 ◽  
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Case Studies ◽  
Southeast Asian ◽  
Legal Issues ◽  
Counterfeit Drugs ◽  
The Public ◽  
Asian Region ◽  
Counterfeit Medicines ◽  
Legal Power

Medicines can save lives only if they are safe, efficacious, of good quality and affordable. The use of unsafe, substandard, ineffective and counterfeit drugs can be harmful to the health of the users and the public. Governments have an obligation to ensure the safety, efficacy and quality of the drugs available to the public by regulating the manufacturing and distribution of drugs and by exercising legal power to control the proliferation of unsafe counterfeit medicines. This article surveys the factual and legal issues surrounding counterfeit drugs in three countries, namely Cambodia, Vietnam and Thailand, in order to determine the magnitude and characteristics of the drug counterfeiting problem within the Southeast Asian region.

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