US-CHINA COMPLEXITY: DEFINING THE POST-COVID-19 PANDEMIC WORLD

The US-China relation becomes the most important part of the international new post-pandemic order related to the evolution of the world order after the Covid-19. We are talking about the most important economies of the world, giving 25% and 23.5% of the world GDP, economies and countries involved in a number of strategic rivalries as well as of harsh competitions, with a lot of newly come instruments that do not benefit of any international regime, rules and norms – cyber, a.i., quantum computers, space, Arctic region etc. In the absence of a dominant power able to impose the respect of a rules based world and to project its power in order to forge the new rules and norms in the field of new technologies, the US needs a real multilateralism and a conjunction of the democratic powers in order to acquire altogether the needed preeminence in order to get those rules and norms approved at the level of global institutions, if it is not for a smooth bilateral relation with China which could agree a number of such provisions and try to negotiate for including its own interest.

Looking for the Impossible: The Futile Search for a Balanced Doctrine of Humanitarian Intervention

Many in the West, especially in the human rights community, saw the end of the Cold War as a great opportunity for a normative transformation in international relations. They argued that the concept of sovereignty was an anachronism and that a new international regime should be created allowing for easier intervention against states that subject their citizens to violence. It seemed like a relatively straightforward issue of clashing normative principles at fi rst. As the conversation about interventions has evolved, however, it has become increasingly clear that the problem is much more complex. This article examines the set of complex trade-off s between various values and norms related to humanitarian intervention and demonstrates that no interventionist doctrine that balances these values and norms is possible. It empirically examines these tensions in the context of interventions in Kosovo and Libya.

International Regime Approach in the Development of Indonesia’s 2004 Post-Aceh Earthquake and Tsunami Disaster Regulations

Pada Desember 2004, sebuah tsunami menerjang Aceh, Nias, dan sebagian Sumatera Utara pasca terjadinya gempa berkekuatan 9.0 SR, memberikan dampak yang melampaui kapasitas pemerintah Indonesia untuk menanggulanginya sehingga Indonesia harus membuka dirinya terhadap bantuan kemanusiaan internasional. Tetapi, ketiadaan peraturan perundangan yang mengatur segala hal mengenai kebencanaan dan penerimaan bantuan internasional di Indonesia semakin memperkeruh keadaan. Dengan adanya Resolusi Majelis Umum PBB No. 46/182 Tahun 1991 sebagai salah satu wujud rezim internasional, pada tahun 2004 Indonesia dapat menerima bantuan kemanusiaan internasional dengan baik. Tulisan ini bertujuan untuk menelaah perkembangan peraturan perundangan kebencanaan di Indonesia yang terjadi pasca gempa dan tsunami yang menyerang Aceh pada tahun 2004, menggunakan metode kualitatif dengan teknik pengumpulan data berbasis dokumen dan internet serta mewawancarai beberapa ahli. Penemuan menunjukkan adanya perkembangan peraturan perundangan kebencanaan Indonesia yang sejalan dengan hal-hal yang termuat dalam Resolusi Majelis Umum PBB No. 46/182 Tahun 1991, sebagai salah satu wujud partisipasi aktif Indonesia sebagai aktor di dunia internasional. Walau demikian, masih ada beberapa hal yang harus terus dikembangkan Indonesia untuk mencapai hasil yang optimal dalam menanggulangi bencana alam di wilayahnya.Kata-Kata Kunci: Bantuan Kemanusiaan Internasional, Gempa dan Tsunami Aceh 2004, Peraturan Perundangan Kebencanaan Indonesia, Rezim InternasionalIn December 2004, a tsunami struck Aceh, Nias, and part of North Sumatra following the 9.0 SR magnitude earthquake, of which its impact overwhelmed the Indonesian government’s capability and required Indonesia to open itself for international humanitarian assistance. However, the absence of Indonesian disaster regulations and the lack of acceptance for international assistance had worsened the situation. With the UNGA Resolution No. 46/182 of 1991 as a manifestation of the international regime, Indonesia could finally accept international humanitarian assistance in 2004. This article aims to examine the development of Indonesian disaster regulations after the 2004 Aceh earthquake and tsunami, using qualitative methods complimented with document-based and internet-based data as well as interview results with several experts. Findings shows that the development of Indonesian disaster regulations is in line with the matters contained in the resolution, further exhibiting Indonesia’s active participation as an actor in the international world. Having said that, there are many things that Indonesia shall continue to develop still in order to achieve optimal results in tackling natural disasters.Keywords: 2004 Aceh Earthquake and Tsunami, Indonesia Disaster Regulations, International Humanitarian Assistance, International Regimes

COVID-19 and the Violation of the Right to Basic Education of Learners with Disabilities in South Africa: An Examination of Centre for Child Law v Minister of Basic Education

This article explores the extent to which the right to basic education of learners with disabilities in South Africa was guaranteed during the COVID-19 pandemic. It uses the Centre for Child Law v Minister of Basic Education (Centre for Child Law) as the main canvas for discussion. It argues that, notwithstanding its normative compliance with the international regime of the right to an inclusive basic education, the government has failed learners with disabilities during COVID-19. An examination of Centre for Child Law reveals that, not only did the government's directions for the phased return to school exclude learners with disabilities, they also required the closure of special schools where compliance with social distancing rules was impossible. This violated the right to inclusive education and substantive equality of learners with disabilities and highlighted the need to advance these rights through reasonable accommodation initiatives.

International regime complexes and corporate crime: a research agenda based on the Volkswagen diesel fraud case

Criminological literature has often pointed to the absence or weakness of existing international regulation as important explanatory factors of corporate crime in global markets. This paper addresses the presence of multiple parallel, nested and overlapping regulatory regimes, and explores how such international regime complexity creates pathways to corporate crime. We use the Volkswagen diesel fraud case as a plausibility probe to illustrate such pathways to corporate crime. Our tentative analysis suggests that Volkswagen’s fraud in the US cannot be seen as independent of the EU regulatory regime, which was more lenient and offered various opportunities for creative compliance. We conclude that a regime complexity perspective is a promising addition to existing explanations of corporate crime in international settings and suggest a research agenda for future in-depth analyses of the implications of parallel and conflicting regulatory regimes for corporate crime.

International Regime Complexity

A regime complex is an array of overlapping international institutions and agreements that interact to govern in a particular issue area of international relations. International regime complexity refers to the international political dynamics that emerge from the interaction among multiple overlapping institutions within regime complexes. Scholars have identified several factors explaining the emergence of regime complexes and the growing regime complexity in world politics. Some have emphasized the functional rationale for creating institutional linkages to contain negative spillovers across regimes. Others have focused instead on actors’ incentives, pointing to the various expected benefits of governing through regime complexes rather than through separate comprehensive institutions. Scholars have also disagreed about the consequences of regime complexes and, in particular, about the extent to which regime complexity facilitates or hinders international cooperation. The early literature tended to emphasize how institutional proliferation and fragmentation contributed to regulatory conflicts, thus undermining global governance outcomes. By contrast, other works provide a more nuanced account of the effects of regime overlaps, showing that under certain conditions regime complexity contributes to the effectiveness of cooperation. A rich body of empirical evidence drawn from the study of regime complexes in several issue areas, including environmental, trade, security, migration, and public health governance, suggests that what matters is not the fragmentation and overlaps per se but how they are managed. The increasing institutional density and overlaps in international politics in the 21st century has generated significant interest among scholars of international relations (IR). The literature on international regime complexity and regime complexes has evolved theoretically and empirically since the beginning of the 12st century. Three main questions have guided and informed theoretical debates and empirical research on regime complexes. First, what are regime complexes and how are they composed? What is meant by international regime complexity? Second, what causes regime complexity and how do regime complexes emerge? And third, what are the effects and consequences of regime complexity?

Myth-Historical CRISPR Edits

History is not always written by the victors. Competing histories often become ssbattlegrounds for those who want to declare themselves victors. Emerging from the frontiers of molecular biology, today’s caustic patent dispute over gene-editing technology is being waged partly through published myth-histories. The revolutionary gene-editing technology CRISPR-Cas9 has quickly become a vehicle for patent and priority controversies to determine who cashes in on billions of dollars in licensing fees, a Nobel Prize, and scientific immortality. This chapter examines competing myth-histories in the context of larger socioeconomic forces, as well as the lack of an international regime of ethical guidelines for this work. Careful study is necessary to grasp the background and impact of these narratives.