Professional Documents
Culture Documents
24
BORDER POLITICS
Beyond War:
The Globalisation of
Tamil Nationalism
Sam Thampapillai and
Mario Emmanuel
REGULARS FEATURES
Dissent and Cultural Context recently liberalised states, are more or less ethnically and
culturally homogeneous. China, conversely, is riven by class,
Jahan Navidi’s article, ‘The Technological Revolution: Freedom, ethnic, and urban/rural divisions. This is just one example that
Change and Democracy in Iran’, constitutes a thoughtful supports the view that China may lack the ingredients necessary
reminder of the troubled and unresolved history of Iran, as well to develop a cohesive civil society that can agitate for democratic
as an insightful glimpse into the forces currently shaping its change.
trajectory. And it is always unnerving to be reminded of how Economic progress may create conditions ripe for liberal
the West’s meddling of yesteryear has yielded today’s intractable democracy. Then again, it may not. Another ‘detail’, such as the
geopolitical issues. The role that social networking technology strength of the army or the intervention of another state, may
is playing has become a hot topic amongst political scientists prevent that happening. What we have to remember is that if
and social commentators, and for good reasons, it would appear. and when it does liberalise, it will be the product of contingent
It is argued that the channels of communication that carry our and specific ‘details’, not the inevitable realisation of abstract,
social, political and cultural interactions are being re-structured. macro-level tensions.
But to what extent is this power illusory, and are we overstating
its importance? Spaces for dissent are undoubtedly significant, Sam Gerber is in his third year of a Bachelor of International
but unless dissent finds influence in government action, its effect Studies, majoring in Government and International Relations
will be hindered. and Modern Hebrew.
It is also arguable that the conversation surrounding political
transformation processes in developing nations suffers from
a universal lack of differentiation in its terms. Terms like
‘democracy’ and ‘freedom’ need to be coloured by cultural
context through a consideration of more than just political
history. One of the great tasks ahead for policy makers in the
international sphere will be to negotiate the tensions between
values that are culturally specific and the unimpeachable
universal basis of human rights. An awareness of how language
works in this context is vital to moving the debate forward.
Stuart Cottle is in his final year of a Bachelor of Laws.
YES NO
Opposition to the use of military force leaves three options After World War II, the signatories to the UN Charter foreswore
for the U.S. to prevent a nuclear Iran: covert regime change, war as a tool of international relations. They committed
engagement or sanctions. None of these are credible. History themselves to an international framework that had as its core
has taught the U.S. that engineering regime change through the maintenance of peace and security through the prevention
direct intervention is very likely to backfire. In fact, in Iran of armed conflict and the promotion of peaceful resolution to
it already has: witness the lasting bitterness over the CIA’s disputes. An armed attack – whether a full-scale invasion or a
involvement in the overthrow of the democratically elected ‘surgical’ strike – carries with it the risk of taking innocent lives.
Mossadegh Government in 1953. For that reason, many ‘doves’ This value, placed on human life, underpins the requirement
favour engagement over direct interference. It is possible that under international law that any use of armed force not only be
engagement with Iranian civil society will generate a liberalising in self-defence, but also be necessary and proportionate to the
wave that washes away the Islamic Republic. However, time perceived threat.
is not on Obama’s side. That sort of liberalisation could take The use of military force is not simply a policy tool. It is a
decades. Thus, Obama is seeking UN Security Council sanctions last resort. An attack on Iran would neither be necessary nor
to dissuade Iran from going nuclear. But the mechanics of this proportionate; and therefore, neither legal nor moral.
strategy are equally uncertain. The survival of hostile regimes in
To launch such an attack would fundamentally undermine the
Myanmar and North Korea reminds us that sanctions typically
central purposes and mechanisms of the UN. Iran is slated to
harm ordinary civilians, not the government.
undergo another round of sanctions by the UN Security Council.
So the U.S. is presented with a stark choice between a nuclear Even if the sanctions are ultimately ineffective, the U.S. ought to
Iran and the use of force. What would the consequences of a exhaust all options before the more drastic course is taken.
nuclear Iran be? Let us assume that Iran’s nuclear program exists
However, despite Ahmadinejad’s proclaimed ambivalence,
to deter U.S. and Israeli military threats, and ignore questions of
a number of factors indicate that sanctions may be working.
whether conventional nuclear strategy applies to a theocracy or
Sanctions are far more sophisticated than they have been in the
whether Tehran would pass nuclear materials to terrorists.
past, targeting particular companies and industries most likely to
First, an emboldened, nuclear Iran will aggravate regional harm Iran’s decision-makers. Furthermore, sanctions are slowly
tensions, expanding its support of Iraqi Shia militants and gaining international support, with long-time antagonists Russia
Hezbollah, among others. The U.S. will be compelled to adopt and China easing opposition. There are even signs that the Iranian
a costly, Cold War-style strategy of containment, including a Government and the Revolutionary Guard are starting to feel
forward deployment of forces. Second, the U.S. will need to the sting of the sanctions: as one of Iran’s former chief nuclear
extend its nuclear umbrella to Iran’s mistrustful neighbours. negotiators stated, the sanctions are “causing international
But does the U.S. want to be the explicit security guarantor isolation”.
for all of the crooked autocracies in the region? The U.S. will
Advocates of an attack regularly (and wrongly) assume that a
have to be, because the alternative – a regional nuclear arms
nuclear Iran would be just too risky. Whilst proliferation is not
race – involves risks that are unthinkably perilous: including
ideal, history has shown that simply because a regime is unstable
likely nuclear brinkmanship and an increase in the odds of an
and/or has deep-seated animosities, it does not have a greater
accidental launch.
proclivity to use nuclear weapons. North Korea and Pakistan
Certainly, military force is undesirable. But if Iran proceeds with evidence this. If Iran were to use a nuclear weapon itself, or pass
its program, the U.S. must make a surgical strike. Israel’s past it on to a terrorist organisation, it would practically be suicidal.
strikes against Iraqi and Syrian nuclear facilities gives historical Were terrorists to set off a nuclear weapon in an American city,
precedent and support for their effectiveness. there are only a few places from which it could come, and I
The serious misadventures of the U.S. in recent years do not doubt the U.S. would then give Iran the benefit of the doubt.
call for equivocation on this issue. If the world is faced with the As the regime’s response to the post-election protests last year
awful choice between the Middle East on a nuclear hair-trigger shows, they may be repressive, but they are not irrational.
and a surgical strike, the second option is clearly preferable.
Jay Wiseman is in his final year of a Bachelor of Laws. Matthew Kalyk is in his final year of a Bachelor of Laws.
Globalisation:
A Civilising Force?
Jessica Evans and Kaine McDonald review
David Kinley’s Civilising Globalisation
Martine Letts
Jessica Evans and Kaine McDonald interview Martine Letts, the
Deputy Director of the Lowy Institute for International Policy
“We the Peoples”. So begins the In many respects, the UN is a statist to comply and can nullify the power of a
preamble to the United Nations Charter: system, based on realist tenets. Self- majority made up of smaller states that
a blueprint for an international system determination may be necessary for state- may think otherwise, as was the case in
based on democratic principles, shaping making, but, once achieved, there is little Iraq, Darfur and Zimbabwe.
a global community that recognises and interest in a nation continuing to reinforce Significantly, self-determination is a
represents a diversity of experience, but its worth. In fact, the two principles disputed concept, not least because it goes
at the same time highlights our common appear to be far more dichotomous than against the interests of the UN’s member
humanity. Yet, more than 60 years on complementary. The state is unitary: states, which the institution ultimately
from its inception, the UN has much to whole rather than the sum of constituent serves. It is therefore unsurprising that
answer. For all its admirable rhetoric parts. Realist thought postulates that “peoples”-based issues related to this
about the rights and self-determination of states conduct their foreign policy solely area have been somewhat neglected in
the “peoples” that it seeks to encompass, in response to international pulls and UN deliberations. For the most part,
in practice, UN actions reveal a pattern pushes, and not to further domestic ends. indigenous claims to self-determination
that reinforces the supremacy of state Self-determination movements challenge have occurred within a limited framework;
sovereignty and territorial integrity over this singularity. They understand the that is, self-government has been allowed
all else. contradiction between states’ rights under existing state structures, or it
Ultimately, there is a significant and the rights of minorities, which pose
disconnection between the UN’s difference and diversity. Inherently, then,
normative aspirations to be an inclusive the notion of self-determination, with its
and representative organisation, traversing suggestion of multiple forms of power
borders to be more than just an aggregation and governance, is a direct challenge to
(and even a tool) of states, and its reality the state.
as a fundamentally statist institution. The Furthermore, whilst self-determination
UN’s failure to respond to these questions is referenced in a number of legal
is not new or surprising. The problem instruments, it is not enshrined in the same
is deeply structural. At its heart lies the way as the principle of state sovereignty.
paradox of its dual considerations of state Article 2(7) of the Charter emphasises
sovereignty and self-determination. that the UN is not authorised to “intervene
in matters which are essentially within
Sovereignty and Self-Determination: the domestic jurisdiction of any state
Paradox Within the United Nations or shall require the Members to submit
Self-determination is the right for such matters to settlement”. Additionally,
people to determine their own political per Article 2(4), members must refrain
status and economic, social and cultural from “the threat or use of force against
development. Sovereignty is the ultimate the territorial integrity or political
and independent authority over a defined independence of any state”.
territory. Both are distinct concepts, but These clauses very clearly reflect, and
appear closely linked within the UN respond to, the condition of anarchy that
Charter, in which self-determination stems from the absence of any entity
encompasses the right to an independent enjoying sovereignty over the states.
state, and therefore sovereignty. Although the UN may seek to influence
Yet, if these principles are so entwined, states’ behaviour, it is ultimately a state’s
why do indigenous rights and state prerogative to accept or reject the standards
sovereignty seem so incompatible? Both to which the international community
concepts command in-principle support wishes it to adhere. The problem with
and cultural significance, but history indigenous self-determination, like so
demonstrates that sovereignty takes many issues concerning the UN, is that
precedence. the most powerful states may choose not
HOME?
Dominic Dietrich explores what it means to be a Third Culture Kid in an era of globalisation
T he Australian Government is
determined to control what we see
on the Internet. Unfortunately, the fierce
children (and society more generally)
from all that is not pretty on the Internet is
not a clear aim; it is a result or a motivating
without encroaching on another state’s
sovereignty? It is easy to become mired in
the ongoing struggle to reconcile national
public debate over a mandatory filter factor. Furthermore, as the Sydney interests with conflicting international
operated by Internet Service Providers Morning Herald’s Communications demands. So let us analyse this problem
(ISPs) has been restricted to well- Correspondent, Ari Sharp, points out in in a new light: one that stems from
established ideological boundaries that ‘Net Nannies take on Freedom Fighters’, Enlightenment philosophy.
force people to choose between freedom child protection can be achieved by Immanuel Kant’s categorical imperative is
of speech and the protection of the downloading a manually controlled home used to evaluate motivations for action. It
innocent. This translates into a polarising filter. So the sledgehammer approach of involves imagining what the world would
– and simplistic – argument: that the filter a mandatory national filter leads to one be like if everyone adopted a particular
is either good or bad. logical conclusion: “that the real targets ideal as a moral constraint. Although it
However, to automatically dismiss the of the filter are adults”. is mostly used in moral philosophy, one
Government’s actions as authoritarian and In fact, the true aim of the filter is to can apply the same concept in politics
controlling is neither helpful nor accurate. regulate Internet activity. It is with and ask: what would the world look like
Nor is it correct to cloak Internet-patrol this pursuit in mind that we may more if every nation-state patrolled its Internet
as a protective measure, given the many pointedly critique how effective the filter borders, seeking only to protect the
government bodies and initiatives that is likely to be. citizens inside?
are already engaged in monitoring and It would mean two things. First,
prosecuting hackers, child pornographers A Parallel of the Parallel the Internet would be split into two
and terrorists. First, we need to recognise that being dimensions: the socially acceptable, safe
satisfied with the effect that the filter will plane, and the unregulated, black-market
A better approach is to be found in an
have in Australia alone is inadequate. plane. Second, this division would lead
Orwellian or Huxleian thought experiment
The Internet is of a global and shared to an inevitable stereotype of the Internet
in which we imagine every nation-state
nature. Consequently, the filter’s effect user qua the Internet division: those who
adopting a filter. One can then ask the on international Internet regulation remain within the confines of their state’s
question: will a filter actually be effective is an important factor in determining filter are moral and obedient citizens,
in achieving its aims? its effectiveness. But how does one while those who dare to trespass must
Efficacy can only be measured when the express concerns over the international be doing so in order to access blacklisted
aim is clearly defined. The protection of consequences of a mandatory filter or unavailable content. The way in
The border is still under constant strain people. It is an economy, and it is vital
from the remnants of the Cold War. The to the continued growth and prosperity
new and independent Central Asian of China as a whole. The sentiment of
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suspects to other states for interrogation challenged.
without any kind of formal extradition or ([WUDRUGLQDU\5HQGLWLRQLQWKH3RVW
legal proceedings. However, this practice 9/11 Epoch The Insurmountable Evidence
ZDVQRWWKHLQYHQWLRQRIWKHUHFHQW%XVK 6LQFH WKH XVH RI H[WUDRUGLQDU\ The various testimonies of terrorist
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passively and actively obtain information QHXWUDO QDWLRQV LQFOXGLQJ %RVQLD the grounds of terrorist activity and then
about the enemy. These furtive methods Albania, Croatia, Malaysia, Pakistan UHQGLWLRQHGWRD&DLURMDLOE\86DJHQWV
were expanded during the Vietnam War; and Kenya. These terrorist suspects were There he suffered continuous torture for
in the Phoenix Program, CIA agents transferred to prisons within third-party six months. Disturbingly, he was then
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scriptures. Instead, more emphasis
should be placed on scriptures that focus In the climate of substantial anti-colonial
upon the idea of all human beings being sentiment prevailing at the time, the
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Faculty oF Business and law n The Faculty of Business and Law offers a wide range of courses
in response to industry trends. Courses range from traditional
online courses disciplines, such as Accounting through to contemporary
Our Online Courses mean that you can still achieve a first class disciplines, such as Event Management and Planning.
degree in Business or Law, even if your circumstances prevent n Our off-campus support is extensive and includes library
you from attending campus. With a wide range of units available mailing services, telephone and email services (eg counselling
online, you’re not only spoilt for choice, you’ll also find it easier to and career advice), access to interactive learning spaces,
tailor your interests with a career path that’s right for you. recorded lectures and online discussion groups.
That’s just for starters. Take a closer look at why our Online
Courses are so popular: start your Journey today!
n Each course is fully accredited and nationally recognised. In All the information you need to start your journey is only a mouse
fact, we’re the first WA university to offer a fully accredited click, email or phone call away:
Bachelor of Laws program online. Get more info:
n You’ll enjoy the freedom and flexibility to study in your Online Courses - www.reachyourpotential.com.au
own time and at your own pace, to accommodate personal Faculty of Business and Law - www.business.ecu.edu.au
commitments and circumstances.
n Faculty of Business and Law graduates are highly sought after Speak to us:
Australia-wide by business and industry, promoting a faster Course Queries - businessandlaw@ecu.edu.au or
transition from study to employment. 134 ECU (134 328)
CRICOS IPC 00279B Information was correct at the time of printing and may be subject to change. K2D_31354_06/10
About the Melbourne JD
The Melbourne JD is a graduate entry legal qualification for non-law graduates, which leads to
admission to practice.
A program of exemplary quality where you have access to the highest quality common law legal
education available, taught by an outstanding Faculty who are at the cutting edge of modern
legal thinking and research. In addition, as a JD student you can choose optional subjects from
the Melbourne Law Masters program, which offers the biggest range of optional subjects in
Australia across 20 core areas of specialisation.
A purpose built Law Building houses the world-class Law Library over three floors, a custom
built Moot Court, as well as comfortable student lounge spaces, well equipped teaching spaces
and 12 research centres.
A range of unique ‘beyond the classroom’ opportunities, designed to equip you with the
necessary tools to succeed and engage you with the profession. These include:
This program offers you the change to be partnered with a Melbourne Law School alumnus,
supporting your academic training by providing a link to the profession.
This enables you to further your legal training with practical experience. Melbourne Law School
has established links with a range of different institutions across the public, private and
community sectors.
Choose from studying subjects overseas (in Washington or Geneva) or doing a combined degree
via our global degree partnerships program at New York University Law School, Chinese
University Hong Kong or Oxford University.
The Guest Lecture Series offers first year JD students the chance to host a guest speaker each
week, who is a notable figure working in the law.
Give yourself your best chance to succeed with the Melbourne JD.