Independent States: A Perspective from International Relations

According to the nature of the Westphalian system, the independent state is the central actor in international relations. However, the discipline has not developed theoretical approaches regarding the independence process, which is considered more a concern of the international law and the political interests of state actors. Then, in this article, the issue of independence is analyzed as a basic step for political entities to access statehood, becoming a basisfor understanding the role of the independent state in the Westphalian order. It is necessary to observe the variations in the conception of independence, especially regarding self-determination and recognition principle, acknowledging the existence of deep changes in the international system. This principle has had greater relevance since the 1990s due to the disintegration processes of some countries, particularly the case of Kosovo. Taiwan is also a relevant experience. Another key point is the weakening process of the state, with the appearance of variants that question the status and existence of the state actor. At the end of this paper, a brief reference is made to the Latin and Central American experience, which shows particularities since the 19th century.

The (Semi) State’s Fragility: Hamas, Clannism, and Legitimacy

This article shall ask how Hamas, as a non-state actor, negotiated legitimacy with the clans in a fragmented and factionalized tribal society in the Gaza Strip from 2007–2011. An important factor that shapes the extent of power of rebels and non-state actors in limited statehood areas (LSA) pertains to the negotiation of power these rebels develop with clans in certain areas or times. Rebel governance is a complex and multidimensional concept shaped by the pre-existing particularity of the rebel, its identity, level of factionalism, the former structure of administration, and the extant political institutions. This paper will discuss Hamas as a contemporary case of rebel governance in war and post-war times, which has resulted in a special case of fragile governance. Based on ethnographic research on Hamas and insights from political theories of identity and governance, this paper suggest that tribal factionalism led to violence and played a major role in shaping the governance structure and mechanisms through political affiliation, informal judicial mechanisms, and as a part of the social network which resists government authority. This paper shall propose that Hamas used two paths of negotiations with clans: a coercive power (violent), and by mobilizing individuals of these clans and families as part of the informal judicial system (U’rf). This research aims to contribute to the understanding of rebel governance in general, and Hamas in particular, showing how struggle over legitimacy is shaped and negotiated, and why Hamas could be considered a special case in the study of rebel governance.

Ensuring Uncertainty? The International Political Economy of Over-The-Counter Derivatives Trading

<p>Over-the-counter (OTC) financial derivatives are increasingly used in a globalising financial market as tools for risk management. However, the advent of large financial crises as a result of their use raises issue as to the risks derivatives themselves might pose to the players who use them, as well as to the international financial system as a whole. It is, therefore, a key question to ask what regulation might be apt for trade in OTC derivatives. This thesis considers how a post-structuralist account might offer important insight into how this question is understood. Post-structuralist, as well as broader social constructivist and non-rationalist critiques help illustrate some of the limits to objectivist rationalism in practices of financial risk management. This thesis argues that the danger of ignoring such critiques include a continued “illusion” of individual and state-actor control over macro-economic processes, such as the phenomenal volume of trade in OTC derivatives contracts today. In this light, therefore, the regulation of OTC derivatives is not just a political question of who does and should have explicit policy control over economic and regulatory processes; but it is also a political question over knowledge constructs, and how particular technologies and specialist discourses are developed that enable “experts” legitimacy and power where it is not necessarily justified.</p>

Ensuring Uncertainty? The International Political Economy of Over-The-Counter Derivatives Trading

<p>Over-the-counter (OTC) financial derivatives are increasingly used in a globalising financial market as tools for risk management. However, the advent of large financial crises as a result of their use raises issue as to the risks derivatives themselves might pose to the players who use them, as well as to the international financial system as a whole. It is, therefore, a key question to ask what regulation might be apt for trade in OTC derivatives. This thesis considers how a post-structuralist account might offer important insight into how this question is understood. Post-structuralist, as well as broader social constructivist and non-rationalist critiques help illustrate some of the limits to objectivist rationalism in practices of financial risk management. This thesis argues that the danger of ignoring such critiques include a continued “illusion” of individual and state-actor control over macro-economic processes, such as the phenomenal volume of trade in OTC derivatives contracts today. In this light, therefore, the regulation of OTC derivatives is not just a political question of who does and should have explicit policy control over economic and regulatory processes; but it is also a political question over knowledge constructs, and how particular technologies and specialist discourses are developed that enable “experts” legitimacy and power where it is not necessarily justified.</p>

Paradoxes of Visibility and Preservation: Cultural Heritage Law and the Making of the City as an International Legal Category

The push for cities to be a part of international legal governance processes is tied to the promise of bridging international law’s democratic deficit. However, the exercise of cities’ personality in international law can end up replicating many of the same democratic deficits with which international law is usually charged. Therefore, cities as agents may be an unsatisfactory way of addressing international law’s democratic deficits. Instead, cities as objects can raise the visibility of cities and the local communities that live therein, but without giving agency to a State actor. This visibility can then pave the way for communities themselves to be directly involved in international legal governance processes. This article uses the example of international heritage law, where cities are very significantly represented in international heritage lists and even a specific instrument (the 2011 Recommendation on the Historic Urban Landscape) to showcase the limitations and possibilities of the project of cities in international law. I argue that there is a paradox of visibility and agency that permeates international legal possibilities for cities, and placing the city simultaneously in the registers of object and subject ultimately defers the central question of community involvement in international law on global public goods.

PARADIPLOMACY OF INDONESIAN SUB-STATE ACTOR: DIGITAL DIPLOMACY OF JAKARTA GOVERNMENT IN RESPONSE TO COVID-19

The outbreak of COVID-19 has caused challenges to international affairs in term of health, economy, politics and security in addition to the changes of interaction between actors. Jakarta, one of the regional governments within the unitary state of Indonesia and a capital city of the state, projected its paradiplomacy in response to the pandemic. Its status as a lower administration below the national government did not prevent it from paying active efforts taking advantage of internet and digital technology development. The paper aims to describe Jakarta government’s paradiplomatic practice in responding to the COVID-19. The study applies the qualitative method with a descriptive analysis. In order to describe the regional government’s paradiplomacy, the study utilizes the concept of paradiplomacy and digital diplomacy. The findings show that Jakarta government carried out digital diplomacy as the form of its paradiplomacy in a number of activities such as providing reliable information, collaborating with foreign communities, participating in global forum, releasing gubernatorial message, improving data platform capability and initiating an international forum at home. Such internet-supported activities were meant to share experience, collaborate and provide transparency. Paradiplomacy through digital diplomacy activities was mainly conducted to gain trust to the regional government from its international audiences and create an image that Jakarta was a crisis-proof city and the part of global community. The paper argues that sub-national governments’ roles in international affairs are becoming important thanks to a new room for diplomacy practices, strengthened by unprecedented global crises.

NON-STATE ACTOR IN CONFLICT TRANSFORMATION: MULTICULTURAL EDUCATION OF MA DAARUL ULUUM PUI MAJALENGKA TOWARDS ETHNO-RELIGION CONFLICT IN SOUTHERN THAILAND

The conflict between the Malay Muslim and the Thailand government in Southern Thailand has become one of the ethno-religion conflicts that effects the security of the Southeast Asian region. Various actors, both local and international, have attempted to broker peace between the parties in the conflict. Based on the conflict transformation theory, this study aims to discover the role of MA Daarul Uluum PUI Majalengka as a non-state actor in promoting peace through efforts of conflict transformation in the Southern Thailand ethno-religion conflict. The research method used is qualitative type research with descriptive analysis technique, through primary and secondary type data management. Primary data was obtained from interview and secondary data was obtained from written sources that support the study. This research shows there is an effort made by MA Daarul Uluum PUI Majalengka to conduct peace education through a student and teacher exchange scheme with several schools in Thailand that have Buddhist identity backgrounds in order to grow tolerance between ethnicities and religions in Thailand.

Institutionalizing innovation in welfare local services through co-production: toward a Neo-Weberian State?

Innovative practices based on the involvement of citizens as co-producers of welfare local services have been increasingly adopted by the public sector to effectively tackle emerging social problems. Despite the development in the literature on this subject, recent studies still do not clearly indicate which are the challenges for the institutionalization of such practices. By applying a governance lens to the analysis of co-production of local public services, this article aims to contribute to bridging this gap through the empirical analysis of the childcare experience in four European cities. More in detail, it debates the concepts of co-production and innovation in public service delivery within the context of the different waves of public administration reforms; and it investigates how three different sets of conditions – namely, state support and capacity; organizational cultures which support innovation; and integration with facilitative technologies – integrate to facilitate or hinder the institutionalization of co-production initiatives. The findings show that the enabling role of the state actor is a sine qua non to guarantee an institutionalization of these practices, particularly concerning the promotion of trust-building processes. Doing so, the article contributes to the international debate about the possible co-existing of the paradigms of public administration that are arising in the last decades to remedy the problems with the New Public Management; and it provides professionals working in public management and administration with key policy recommendations for the elaboration of new governance systems for the provision of social and welfare services.