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1951. The Human Dimension of International Cultural Heritage Law: An Introduction

Author:
Francesco Francioni
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
1. In introducing this EJIL symposium, I cannot help but recall a much debated article published in 1986 in the American Journal of International Law. The author of that article, Stanford professor John Merryman, theorized that there are \'two ways of thinking about cultural property\'. 1 The first, he argued, is the national(istic) way, which conceives of cultural property as part of the nation, with the attendant desire of governments to jealously retain it within state boundaries and to limit its international circulation. The second is the international way, which views cultural property as the heritage of humankind and supports the broadest access and circulation to facilitate exchange and cultural understanding among different peoples of the world. The author left no doubt that the latter view was to be preferred for its alleged capacity to contribute to a cosmopolitan order, in which cultural property can be freely accessed and thus contribute to the intellectual and moral progress of humanity. One may wonder whether this dual perspective accurately reflected the spirit of the law and the policy attitudes of the time when the article was written. Certainly, it cannot adequately explain the present state of the law and, in particular, of international law. Today, there are more than just two ways of thinking about cultural property. Cultural property may be seen as part of national identity, especially in the post-colonial and post-communist context, but it can also be looked at as part of the \'territory\', the physical public space that conditions our world view and which is part of what we normally call \'the environment\' or the \'landscape\'. Cultural property may be seen as moveable artifacts susceptible to economic evaluation, and for this reason subject to exchange in international commerce; but it may also be thought of as objects endowed …
Topic:
Economics and Government
Political Geography:
America

1952. Danny Nicol. The Constitutional Protection of Capitalism

Author:
Fernando Losada Fraga
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
When the current economic crisis began, political leaders all around the world spread the idea that capitalism needed somehow to be reformed. 1 A couple of years later one might think that not much has been achieved in that direction and blame politicians for their lack of will. However, it is not so clear that reforms – even if the political will existed – would be easy to realize. As Danny Nicol argues, the neoliberal conception of capitalism is constitutionally shielded as a result of the content and the development of different but coexisting legal regimes such as the World Trade Organization (WTO) or the European Union (EU), and of the activism of the European Court of Human Rights (ECtHR). Describing the resulting 'constitutional protection of capitalism' is precisely what this book is about: Nicol tries to determine to what extent national politics are predetermined by the ongoing economic integration. Or, putting it differently, his research aims at explaining how much room for manoeuvre states, and in particular the United Kingdom, maintain now that the international and European economic integration treaties they ratified years ago have evolved in an unexpected way. The author thus identifies two trends 'that have pervaded the evolution of transnational regimes' (at 156), namely their widened scope and their enhanced binding character, and claims that such developments have a special impact on the freedom of Parliament to decide, 2 a freedom which, as we must bear in mind, is at the core of British constitutionalism. Both the title and the cover of this book, in which the symbol of the British Parliament, Big Ben, blurs among the buildings of the City, are very explicit about the national perspective from which this book approaches transnational regimes. The book is structured in five chapters. The first describes the …
Topic:
Development, Economics, and Government

1953. Of BRICs and Mortar: The Growing Relations Between Africa and the Global South

Author:
Maxi Schoeman
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
The ambitions of the global South for a larger share of global wealth and political power are at least partly being played out on the African continent. The increasing Africa-South relations seem to indicate a relative decline in Africa-North ties, with the shift in Africa's trade relations from North to South resulting in trade creation rather than trade diversion. The South partners are also providing much needed infrastructure development assistance to the continent. Politically, these relations are formalised in a host of frameworks and associations and operate in fundamentally different ways from those between Africa and its erstwhile colonial masters. It is doubtful, though, to what extent Africa's capacity to influence the global agenda is strengthened, especially given that not a single African country is (yet) a member of the 'South Big Four', the BRICs.
Topic:
Economics
Political Geography:
Africa

1954. Public and Elite Views on Europe vs. China in Africa

Author:
Lorenzo Fioramonti and Patrick Kimunguyi
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Europe has been the privileged economic and political partner of Africa, but more recently China has increased its foothold in Africa through important financial investments and trade agreements. Against this backdrop, the empirical research conducted in 2007-08 in Kenya and South Africa as part of a pioneering international project investigates the perceptions of public opinion, political leaders, civil society activists and media operators. While confirming their continent's traditional proximity to Europe, African citizens are increasingly interested in China and its impact on Africa's development. Europe is criticised for not having been able to dismiss the traditionally 'patronising' attitude towards Africa. While African civil society leaders and media operators describe China as an opportunity for Africa to break free of its historical dependence on European markets, other opinion leaders warn against too much enthusiasm for the Asian giant. There is a suspicion that the Chinese strategy might, in the long run, turn into a new form of economic patronage.
Topic:
Civil Society and Economics
Political Geography:
Kenya, Africa, China, Europe, Asia, and South Africa

1955. Why Ireland's Luck Ran Out and What This Means for the Eurozone

Author:
Shalendra D. Sharma
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
Given its impressive economic performance over the past two decades, Ireland earned the title, the 'Celtic Tiger'. However, as the contagion from the subprime-induced global financial crisis spread, Ireland's boom went bust. In short order, Ireland (like Greece before it), had to seek financial assistance from the EU and the IMF to stave off sovereign default and national humiliation. How did Dublin and the eurozone respond to the crisis and what lessons can be learned from Ireland's experience? While Ireland grapples with its huge public debt, the EU needs to instill confidence in the markets before the current rolling debt crisis becomes a systemic threat to the eurozone.
Topic:
Debt and Economics
Political Geography:
Ireland and Dublin

1956. The Myth of Economic Complementarity in Sino-Indian Relations

Author:
Yasheng Huang
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
It is now a part of conventional wisdom that both China and India are emerging economic, political and even military powers in the 21st century. Terms such as “BRIC” and “Chindia,” and phrases such as “not China or India, but China and India” have entered popular discourse and policy discussions. Such terms imply a synergistic relationship between China and India—an implication that belies the tension that has characterized Sino-Indian relations for centuries. My view is less sanguine than many others' about the prospects of their relations. Relations between the two countries will be fraught with difficulties and will likely remain fragile. Conflict and competitiveness are deeply rooted in historical and structural causes, while forces for harmony are more contingent on political will, cultural understanding and careful policy management. There are several areas in which their relations can go wrong. At a fundamental level, the two countries are in an economically competitive, not a complementary, relationship with each other. Their economic and social endowments are similar (as compared with China/U.S. or India/U.S.). India and China offer very different lessons about economic policies and growth. This is not to suggest that the two countries are headed toward an inevitable collision, but to identify the urgency of carefully managing their relations and nurturing trust and goodwill on both sides.
Topic:
Economics
Political Geography:
United States, China, and India

1957. India: A Global Economic Power? Revisting the Past and Contemplating the Future

Author:
Arvind Panagariya
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
In the Spring/Summer 1994 issue of the Journal, I published an article entitled “India: A New Tiger on the Block?” in which the concluding paragraph asked, “Will India accomplish in the next decade what China did in the previous one?” I stated that although it is overly optimistic to respond affirmatively, a 6 to 7 percent annual growth rate in India could not be ruled out. The world should not be surprised if, in a decade's time, it sees another tiger on the block.
Topic:
Economics
Political Geography:
India

1958. Blind Men and an Elephant: How the Indian and Chinese Press Cover Myanmar

Author:
Paul Fraioli
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
The objective of this paper is to examine how patterns of Indian and Chinese reporting on Myanmar reflect the political climates of each country. A sample of 94 articles from Indian sources and 106 articles from Xinhua News Agency (English) was examined using content-analysis techniques. There is a clear divergence in the topics covered by the Indian and Chinese media during the time period reviewed, 3 November to 17 November 2010, which was selected to coincide with Myanmar's first nationwide elections in twenty years as well as the release of political prisoner Aung San Suu Kyi from house arrest. The Indian press provided more coverage of Suu Kyi's release and of Myanmar political affairs than the Chinese press, but neither India nor China covered Suu Kyi's activities in the days following her release. The Chinese press provided more coverage of economic affairs and the Myawaddy border crisis, which the Indian press ignored. Surprisingly, the press in nondemocratic China attentively chronicled and promoted Myanmar's elections while the press in democratic India had very little to say about them. This suggests that on these issues, the press focus on what they perceive to be in the national interest of their respective countries.
Topic:
Economics
Political Geography:
China and India

1959. Beyond Rhetoric: Sino-Indian Relations in an Era of Interdependence - Asian Knowledge-Based Economics: Complex and Convoluted

Author:
Aditi Malik and Maria Y. Wang
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Journal of International Affairs
Institution:
School of International and Public Affairs, Columbia University
Abstract:
With the simultaneous rise of two titans in Asia, India and China, what are the features that mark their relations with one another? Furthermore, what can current relations tell us about future prospects for peace between the two nations? These are the fundamental questions with which Jonathan Holslag is concerned. He notes that these are not new questions but ones that have been the subject of continuous debate. He argues that this debate has broadly produced two camps: the first camp is focused on the “security relationship,” while the second analyzes the above questions from the perspective of the increased interdependence between the two nations. Holslag aims to situate his work by taking into account information from both camps.
Topic:
Security and Economics
Political Geography:
China, India, and Asia

1960. Negotiating regions=fostering welfare: the Economic Partnership Agreements as new model of development?

Author:
Ulrike E Lorenz
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
Journal of International Relations and Development
Institution:
Central and East European International Studies Association
Abstract:
Despite the melodious intentions to make poverty history in the 21st century, the quest for promising concepts proves to be far less harmonious. Hopes were high that a globalised world would imply the smooth diffusion of such positively valued 'assets' as wealth and knowledge through a just system.
Topic:
Economics