Dinamika Pertumbuhan Feminisme Di China Dalam Perspektif Konstruktivisme

This article describes how the growth process of feminism in China in the perspective of constructivism regarding the life-cycle of norms. In theory, there are three stages of how a norm which in this case is feminism through the life-cycle of norms. This research method uses a qualitative method of literature study. In this article, the findings are that there are three propositions related to the emergence of international norms in feminism in China, the first is Norm emergence which is described by the emergence of one of the famous female figures, namely, He Zhen, who adopted western feminism by not leaving Chinese cultural identity which was considered good for her. Chinese women's social change. In contrast to other reformers, He Zhen specifically separates the case of feminism from nationalism, stating that women's liberation is not for the sake of the nation, but rather a moral necessity. Second, the Norm Cascade is illustrated by the influence of China's state ratification of the Convention Elimination of All Forms of Discrimination against Women (CEDAW) held in Copenhagen Denmark, by accepting international norms on gender equality which in turn will require domestic laws to make some changes to suit the issue. Third, Internalization is described by the growth process of Chinese feminism, namely the process of fusion with culture within the body of feminism itself, or in other words, feminism that develops has its own unique characteristics that are not owned by other countries and only China has it.Keywords: Chinese feminism, constructivism perspective, the life-cycle of norms

The Challenges Of Indonesia As A "Quintessential Transit Country" For Refugees: Cases Of Refugees In City Of Pekanbaru

Indonesia is one of the Refugee Transit Countries and one of the largest in Asia. This situation also implies that Indonesia has other responsibilities to protect both its citizens and refugees. However, due to its position as a transit country, Indonesia, unlike final destination countries, does not have an obligation to protect refugees entirely. The purpose of this research is to analyze Indonesia's acceptance of refugees and the challenges it faces. The acceptance of refugees as a transit country and not a final destination for refugees will threaten Indonesia's economic, social, security and other sectors. The number of refugees in Indonesia and their continued detention is still increasing. This study utilizes the norm life cycle theory to determine the Indonesian reasons for accepting refugees. It collects information from focus group discussions or an in-depth interview with some of the NGOs in Pekanbaru, and library research, using qualitative method. Indonesia was found to be in the norm emergence stage and going to the norm cascade, although not entirely in the norm cascade phase. Within this theory, altruism and empathy are the dominant motives for the Indonesian reason to accept the refugees. In the case of the city of Pekanbaru, the challenges faced by Indonesia in dealing with refugees are a lack of service to refugees, particularly in terms of empowerment for the refugees, a high number of refugees imbalanced with detention facilities, and a lack of refugee handling due to the limitation of government policy.

The Normative Order of the Internet

Chapter 6 presents in detail the normative order of the internet based on the notion of a necessary identification of, and turn toward, a nomos of the internet, which is embedded in, and configures, the normative order of the internet. The study shows that this order has many facets, contains national, international, public, and private norms, but has importantly developed its own normative logic, instruments and rules on the relation of actors and its own conception of the legitimacy of norms. The normative order provides a normative infrastructure in which the internet’s nomos, including its means of normative production and justification, are anchored. The study will determine norms belonging to the normative order of the internet to be those that have a material (non-trivial) and a normative (not merely factual) connection to the internet as a network of networks. These norms will be shown to be formally and materially legitimated. Formal legitimation will be shown to be achievable through symbolic validation through norm emergence in processes involving multiple actors. Material legitimation is possible through norms being determinate enough for their purpose (thus allowing for non-binding instruments), coherent with the core principles of the normative order of the internet, consonant with the order’s values as expressed in its principles, and adhering systematically to the normative order as a whole.

Norm diffusion as a tool to uphold and promote EU values and interests: A case study on the EU Japan Mutual Legal Assistance Agreement

The article takes the European Union (EU)-Japan Mutual Legal Assistance (MLA) Agreement as a case study to analyse the EU success in pursuing its art 3(5) TEU mandate of upholding and promoting its values and interests; and to what extent the EU effectively relied on norm diffusion to this aim. The EU has arguably been, at least partially, successful in exporting its legal standards on ‘improved judicial cooperation’ in the text of the Agreement, especially a legal basis for acquiring testimony via videoconference, whereby to uphold its interest into security; and in including clauses allowing it to uphold its values of respect of fundamental rights. In particular, in having clause allowing the EU to refuse assistance if death penalty is involved, the EU arguably not only acted as a norm exporter, but it also set a new international legal standard, through which it also hoped to promote its values by triggering a change in Japan’s retentionist policy. An analysis of 10 years of implementation of the Agreement shows, however, a more nuanced picture, highlighting the importance to look at both the norm emergence and the norm socialisation phase when assessing the success of the EU as a norm exporter. The institutionalisation of EU-Japan MLA cooperation through the conclusion of the agreement has triggered a stark increase in volume and speed of cases, contributing to higher security. However, legal, practical and cultural factors hinder the implementation in practice of EU legal standards on acquisition of evidence and the promotion of the EU abolitionist agenda.

A theory of norm collapse

How a social norm emerges has been studied extensively. However, how a norm collapses has rarely been addressed in the literature. In this article, extending the theories of norm emergence by Coleman and Axelrod, I propose a theory of norm collapse. This theory specifies one micro mechanism and macro–micro–macro process through which a norm likely decays and eventually collapses. Then, as a test, I use computer simulation to simulate the process of the norm emergence and collapse. The result of the computer simulation demonstrates that the proposed theory has internal logical consistency. Finally, I conclude by discussing some implication of this research.

Indigenous Peoples’ Free, Prior and Informed Consent (FPIC) and the World Bank Safeguards: Between Norm Emergence and Concept Appropriation

The question of the consent of indigenous peoples is at least as old as colonization. Indeed, the consent of indigenous peoples was already an issue at the heart of treaty-making between colonial settlers and indigenous peoples. The issue of indigenous peoples’ consent, understood as their Free, Prior and Informed Consent (FPIC), has been re-emerging and gaining acceptance internationally in international Human Rights law over the last 30 years. When the new World Bank safeguards were adopted in 2016, one of the most discussed topics during the consultation rounds had been the integration in the safeguards of the concept of the FPIC of indigenous peoples, as it had been notoriously absent from the previous safeguards. Finally, FPIC was made part of the new safeguards. This paper first maps the concept of FPIC under international law from a postcolonial perspective. Then, it attempts to analyze the processes of operationalization of the concept by the World Bank in the new safeguards, drawing on Human Rights and on law and development literature. The paper argues that there is a tension between the re-emergence of FPIC as a customary norm and the fragmentation of the interpretations of the concept of consent by different actors. The operationalization of the concept of FPIC, understood as a negotiated process rather than a process of self-determination, may in fact limit its remedial objective and diminish its quality as a resistance tool.

Rational reconstructions and the question of function

Social norm emergence is commonly explained by stating that norms serve certain functions – for example, solving cooperation or coordination problems. But critics argue that examples of norms that do not seem to serve functions show that functions cannot explain social norms. However, both sides tend to make assumptions about how explanations of social norms in terms of functions would work. By discussing four problems for these assumptions, I will show that they are over-simplified. Instead of asking whether norms serve functions, we need to ask more specific questions about the relationship between the norm and the function it supposedly serves.