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1. . . . and New York and The Hague and Tokyo and Geneva and Nuremberg and . . .: The Geographies of International Law

Author:
David Koller
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
In the dominant narrative of international law, historical events in space and time are made to fall along an invisible line of progress, from Westphalia in 1648 through the Bretton Woods and San Francisco conferences of 1944 and 1945 to the present day and continuing on through the future to a more just world. Against this, a counter-narrative has emerged which denies the possibility of such linear development and consigns international law to forever tracing an unending circular path between points of idealism and realpolitik. This article examines how international lawyers have created and continue to create these metaphysical geographies of international law. Drawing on the work of the French multi-disciplinary thinkers Gilles Deleuze and Félix Guattari, this article shows that both approaches, and indeed the very concept of international law, can at most only replicate and impose pre-conceived theories and that the imposition of such theories is contrary to the natural patterns of human consciousness. It urges us to see international law rather as but one manifestation of the ongoing struggle between efforts to impose unity on and to control human consciousness and the mind's efforts to break free of such restricting structures.
Political Geography:
Geneva, New York, Tokyo, San Francisco, Papua, and Westphalia

2. The Laws of Occupation and Commercial Law Reform in Occupied Territories: Clarifying a Widespread Misunderstanding

Author:
Jose Alejandro Carballo Leyda
Publication Date:
02-2012
Content Type:
Journal Article
Abstract:
Since the publication of the widely quoted book by Eyal Benvenisti on The International Law of Occupation, there seems to be a generally accepted premise that Article 64 of the IV Geneva Convention is applicable to all types of laws (including commercial laws) and that, therefore, its legal regime replaced Article 43 of the 1907 Hague Regulations. With all due respect, this article argues that such approach is wrongfully grounded. Furthermore, almost no author seems to give any relevance to the formal obligation imposed by the IV Geneva Convention to publish (in the language of the inhabitants) the commercial law norms enacted by the occupying power.
Political Geography:
Geneva and Papua

3. Indonesia: Dynamics of Violence in Papua

Publication Date:
08-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
A spate of violence in Papua in May and June 2012 exposed the lack of a coherent government strategy to address this multidimensional conflict. Shootings of non-Papuans in the provincial capital Jayapura in June, likely involving pro-independence militants, were followed by the death of one of those militants at police hands, highlighting the political dimension of the problem. In Wamena, a rampage by soldiers after the death of a comrade shows the depth of distrust between local communities and the army, and the absence of mechanisms to deal with crises. The shooting of five Papuans by newly arrived members of a paramilitary police unit (Brigade Mobile, Brimob) in a remote gold-mining area of Paniai highlights the violence linked to Papua's vast resource wealth and rent-seeking by the security apparatus with little oversight from Jakarta. While these events are still under investigation, they signal that unless the Yudhoyono government can address these very different aspects of the conflict, things may get worse. An overhaul of security policy would help.
Topic:
Security, Political Violence, Development, Ethnic Conflict, and Post Colonialism
Political Geography:
Indonesia, Southeast Asia, and Papua

4. Indonesia: Hope and Hard Reality in Papua

Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
The conflict in Indonesian Papua continues to defy solution, but some new ideas are on the table. A spike in violence in July and August 2011 underscores the urgency of exploring them. The government of President Susilo Bambang Yudhoyono should move quickly to set up a long-delayed new Papua unit with a mandate that includes political issues. That unit should look at a set of political, social, economic, legal and security indicators produced in July by a Papua Peace Conference that could become a framework for more enlightened policies. Taken together, they represent a vision of what a peaceful Papua would look like. The conference participants who drafted them, however, were almost all from Papuan civil society. For any real change to take place, there needs to be buy-in not just from Jakarta but from the increasingly large constituency of Papuan elected officials who have influence and resources at a local level.
Topic:
Conflict Resolution, Political Violence, Development, Peace Studies, and Developing World
Political Geography:
Indonesia and Papua

5. The Case for Nation-building: Why and How to Fix Failed States

Author:
Paul D. Miller
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
Nation-building has a bad reputation. The phrase conjures up images of well-meaning but hapless U.S. Soldiers or United Nations (UN) peacekeepers involved in an expensive, complicated, and ultimately futile effort to fix other people's problems. Worse, nation- building is often seen as both dangerous and peripheral to anyone's vital national security interests. Iraq, Somalia, and Haiti are routinely trotted out as proof that such missions are doomed to debacle. In the post-Iraq era of softer power and tightening budgets, it seems prudent to set aside notions that the United States or UN can or should deploy force to remake countries abroad in the liberal world's image.
Political Geography:
United States, United Nations, Somalia, and Papua

6. Indonesian Papua: A Local Perspective on the Conflict

Publication Date:
07-2007
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Most outside observers see only one dimension of conflict in Papua – the Indonesian government vs. the independence movement – but it is much more complex. Tensions among tribal groups and between indigenous Papuans and non-Papuan settlers, as well as competition over political power and access to spoils at the district and sub-district levels, are also important. The issues vary substantially from one region to another. National and international attention has tended to focus on the northern coast and the central highlands, with relatively little on the districts in the south, which have long felt excluded from politics in the Papuan capital, Jayapura.
Topic:
Environment and Ethnic Conflict
Political Geography:
Indonesia, Asia, Papua, and Jayapura

7. Peace in Papua: Widening a Window of Opportunity

Author:
Blair King
Publication Date:
03-2006
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
In 2006 and 2007, the Indonesian government and the international community have a window of opportunity to begin to achieve a comprehensive solution that is acceptable to all sides to the conflict in Papua. With the October 2004 inauguration of President Susilo Bambang Yudhoyono and Vice President Jusuf Kalla, Papuans had raised expectations that a comprehensive settlement could be achieved. These expectations have only increased with the implementation of a peace agreement for Aceh since August 2005. Furthermore, Yudhoyono and Kalla are not up for reelection until 2009, and their national public approval ratings remain quite high, providing them with plenty of political breathing room for reasonable initiatives.
Topic:
Conflict Resolution, Conflict Prevention, and Foreign Policy
Political Geography:
Indonesia, Australia/Pacific, and Papua

8. Managing Tensions on the Timor-Leste/Indonesia Border

Publication Date:
05-2006
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The legacy of “losing” Timor-Leste (East Timor) continues to haunt Indonesia, affecting attitudes toward Aceh and Papua, heightening suspicions about foreign intervention, complicating relations with Australia and perpetuating fears for territorial integrity. Despite this legacy, the shared land border has been mostly peaceful: the policy focus there should be as much on establishing the infrastructure for legal trade as on improving security.
Topic:
Conflict Resolution, International Relations, and Security
Political Geography:
Indonesia, Australia, Southeast Asia, and Papua

9. Papua: The Dangers of Shutting Down Dialogue

Publication Date:
03-2006
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
There is serious risk the long-awaited Papuan People's Council (Majelis Rakyat Papua, MRP) is about to collapse, only five months after it was established, ending hopes that it could ease tensions between Papuans and the central government. The MRP was designed as the centrepiece of the autonomy package granted the country's easternmost province in 2001. Almost as soon as it came into being, however, it was faced with two major crises – stalled talks over the legal status of West Irian Jaya, the province carved out of Papua in 2003, and violence sparked by protests over the giant Freeport mine – while Jakarta marginalised its mediation attempts. To revive genuine dialogue and salvage the institution before autonomy is perhaps fatally damaged, President Yudhoyono should meet the MRP in Papua, thus acknowledging its importance, while the MRP should move beyond non-negotiable demands and offer realistic policy options to make autonomy work.
Topic:
Conflict Prevention, Government, and Nationalism
Political Geography:
Asia and Papua

10. Food Security in the South Pacific Island Countries with Special Reference to the Fiji Islands

Author:
K.L. Sharma
Publication Date:
06-2006
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper analyses the status of food security in selected South Pacific Island countries, namely Cook Islands, Fiji Islands, Papua New Guinea, Samoa, Solomon Islands, Tonga, and Vanuatu at the national and household levels during the period 1991-2002. Due to narrow resource base and production conditions, Pacific Islands concentrate on a few primary commodities for production and exports. During recent years import dependency for food items has increased mainly due to a decline in per capita food production and a rapid rate of rural-urban migration. Currently, export earnings can finance food imports but earnings could fall short of the requirements needed after the expiry of some commodity preferential price agreements with importing countries. National food security is dependent on the continuation of subsistence farming and tapping ocean resources in conjunction with the on-going commercial farming of those crops in which Pacific Islands have a comparative advantage. Increased productivity is crucial for improving agricultural performance through government investment in rural infrastructure, agricultural research and extension, irrigation and appropriate price incentives. This would also help alleviate poverty for improvement in economic accessibility of food by households. There is also a need to design appropriate disaster risk management programmes to minimize any adverse effects on the food supply.
Topic:
Economics, Human Welfare, and International Trade and Finance
Political Geography:
Australia/Pacific, Solomon Islands, Papua, Guinea, Cook Islands, Samoa, Tonga, Vanuatu, and Fiji